[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Rules and Regulations]
[Pages 44944-45001]
[FR Doc No: 2022-15358]

Vol. 87

Tuesday,

No. 142

July 26, 2022

Part V

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; Final
Rule

Federal Register / Vol. 87 , No. 142 / Tuesday, July 26, 2022 / Rules
and Regulations

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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-2019-0030 (HM-215P)]
RIN 2137-AF46

Hazardous Materials: Harmonization With International Standards

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

ACTION: Final rule.

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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to
maintain alignment with international regulations and standards by
adopting various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. Additionally, PHMSA is amending the HMR to allow for
better alignment with Transport Canada's Transportation of Dangerous
Goods Regulations. PHMSA is also withdrawing the unpublished October 1,
2020, Notice of Enforcement Policy Regarding International Standards on
use of select updated international standards in complying with the HMR
during the pendency of this rulemaking.

DATES:
    Effective date: This rule is effective August 25, 2022.
    Voluntary compliance date: January 1, 2021.
    Delayed compliance date: July 26, 2023.
    Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register on August 25, 2022. The incorporation by reference
of certain other publications listed in this rule was approved by the
Director of the Federal Register as of May 11, 2020.

FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and
Rulemaking, Steven Andrews, Standards and Rulemaking, or Aaron Wiener,
International Program, at<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. Comment Discussion
V. Section-by-Section Review of Amendments
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act and Executive Order 13272
    F. Paperwork Reduction Act
    G. Unfunded Mandates Reform Act of 1995
    H. Environment Assessment
    I. Executive Order 12898
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis
    L. National Technology Transfer and Advancement Act

I. Executive Summary

    As discussed in further detail in this final rule (see the V.
Section-by-Section Review of Amendments), the Pipeline and Hazardous
Materials Safety Administration (PHMSA) amends certain sections of the
Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to
maintain alignment with international regulations and standards by
adopting various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. Furthermore, this final rule addresses the 17 sets of
comments received in response to the Notice of Proposed Rulemaking
(NPRM) \1\ published in August 2021. Overall, the comments to the NPRM
were generally supportive of the proposals made; however, PHMSA did
receive a few comments seeking further clarification or revisions to
the NPRM which PHMSA also addresses in this final rule.
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    \1\ 86 FR 43844 (Aug. 10, 2021).
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    PHMSA expects that the adoption of the regulatory amendments in
this final rule will facilitate transportation efficiency while
maintaining the high safety standard currently achieved under the HMR.
For example, the final rule will improve the safe transportation of
vaccines and other medical materials associated with the ongoing
response to the coronavirus disease 2019 (COVID-19) public health
emergency, or any similar public health emergency that may emerge, by
removing unnecessary regulatory hurdles to the international movement
of those materials. This final rule will also align HMR requirements
with anticipated increases in the volume of lithium batteries
transported in interstate commerce from electrification of the
transportation and other economic sectors. PHMSA also notes that the
harmonization of the HMR with international consensus standards could
reduce delays and interruptions of hazardous materials during
transportation. The amendments may also lower greenhouse gas (GHG)
emissions and safety risks to minority, low-income, underserved, and
other disadvantaged populations, and communities in the vicinity of
interim storage sites and transportation arteries and hubs.
    The following list summarizes the more noteworthy amendments set
forth in this final rule:
     Incorporation by Reference: PHMSA is incorporating by
reference updated versions of the following international hazardous
materials regulations and standards: the 2021-2022 Edition of the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions); Amendment 40-20 to the International Maritime Dangerous
Goods Code (IMDG Code); the 21st revised edition of the United Nations
Recommendations on the Transport of Dangerous Goods--Model Regulations
(UN Model Regulations); and the International Atomic Energy Agency
(IAEA) ``Specific Safety Requirements Number SSR-6: Regulations for the
Safe Transport of Radioactive Material 2018 Edition'' (SSR-6, Rev.1).
PHMSA also incorporates by reference several new or updated
International Organization for Standardization (ISO) standards, as well
as an updated version of the Organization for Economic Cooperation and
Development (OECD) Guidelines for the Testing of Chemicals Test No.
431: In vitro skin corrosion: reconstructed human epidermis (RHE) test
method.
     Transport Canada temporary certificates: PHMSA is amending
the HMR to authorize the highway or rail transportation of a hazardous
material within the United States pursuant to a temporary certificate
issued under Transport Canada's Transportation of Dangerous Goods
Regulations (TDG Regulations).
     Hazardous Materials Table: PHMSA is amending the Hazardous
Materials Table (HMT; 49 CFR 172.101) 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.
     Data loggers: PHMSA is adopting provisions for lithium
batteries in equipment that are attached to or contained in packagings,
large packagings, intermediate bulk containers (IBCs), or cargo
transport units as equipment in use or intended for use during
transport, such as data loggers. Additionally, in response to the
COVID-19 public health emergency and consistent with revisions to the
2021-2022 ICAO Technical Instructions, PHMSA is adding provisions
specific to the air transportation of these items used in association
with shipments of COVID-19 pharmaceuticals, including vaccines.
     Removal of metal wall thickness requirements for certain
metal IBCs: PHMSA is removing the minimum wall thickness requirements
for metal IBCs that have a capacity of 1500 liters (L) or less.
     Stabilized fish meal or fish scrap by air: PHMSA is
authorizing the transport of stabilized fish meal or fish scrap
(UN2216) on passenger and cargo aircraft. Currently, when transported
as a Class 9 material, stabilized fish meal or fish scrap is only
authorized for transportation by vessel. As a part of this amendment,
PHMSA is also expanding the applicability of the stabilization
requirements currently in place for shipments of these materials by
vessel.
     UN3549 Category A Medical Wastes: PHMSA is adding an entry
to the HMT for ``UN3549, Medical Waste, Category A, Affecting Humans,
solid or Medical Waste, Category A, Affecting Animals only, solid.''
This entry provides an additional shipping description for solid
materials meeting the Category A classification criteria that are not
appropriate for classification in existing entries/classes ``UN2814,
Infectious substances, affecting humans, 6.2'' or ``UN2900, Infectious
substances, affecting animals only, 6.2.'' Solid medical waste
containing Category A infectious substances generated from the medical
treatment of humans or veterinary treatment of animals (e.g.,
disposable personal protective equipment) may be assigned to UN3549.
Although PHMSA is not adopting certain packaging provisions adopted in
the UN Model Regulations (UNMR), we are assigning Special Provision
131--which directs shippers to request approval from the Associate
Administrator, through a special permit, prior to transportation--to
UN3549. Additionally, PHMSA is amending certain parts of Sec.  173.134,
which provides definitions and exceptions for Class 6, Division 6.2
hazardous materials, to include references to this new UN number and
proper shipping name.
     Additional packagings for ``UN2211, Polymeric beads,
expandable, evolving flammable vapor'' and ``UN3314, Plastic molding
compound in dough, sheet or extruded rope form evolving flammable
vapor'': PHMSA is expanding the authorized packagings for polymeric
beads and plastic molding compound to include combination packagings
rather than limiting packaging options to single packagings.
     Miscellaneous revisions of requirements pertaining to the
transportation of lithium batteries: PHMSA is amending several
provisions, including, but not limited to, minimum size markings and
modification of stowage requirements for lithium batteries including
those offered as damaged/defective or for disposal/recycling. PHMSA
expects the revisions will contribute to the safe transportation of
increased volumes of lithium batteries anticipated as a result of the
increased use of that technology in the transportation and other
economic sectors.
     Definition of SADT (Self-accelerating decomposition
temperature) and SAPT (Self-accelerating polymerizing temperature):
PHMSA is amending the definitions of SADT and SAPT to clarify that the
lowest temperature at which these chemical reactions may occur in a
packaging, IBC, or portable tank.
     Periodic inspection for chemicals under pressure: PHMSA is
extending the periodic inspection, from five to ten years, for
cylinders that are filled with hazardous materials described as
``UN3500, Chemicals under pressure, n.o.s.'' that are also used as fire
extinguishing agents.
     Technical name requirements for marine pollutants: PHMSA
is amending provisions pertaining to the addition of technical names to
the shipping description when transporting hazardous materials that
contain marine pollutants. These amendments aim to provide flexibility
regarding documentation and marking requirements, which currently
require identifying the technical names of marine pollutant components
in those materials. Additionally, PHMSA is amending Sec. Sec.
172.203(l) and 172.322 to limit the applicability of requirements for
specific marine pollutant constituents for generic entries (indicated
by the letter ``G'' in column 1 of the Hazardous Materials Table) and
those containing ``n.o.s.'' as part of the proper shipping names.
     Stability tests for nitrocellulose: PHMSA is adding
stability testing requirements for nitrocellulose to require that these
materials meet the criteria of the Bergmann-Junk test or methyl violet
paper test in the UN Manual of Tests and Criteria, Appendix 10.
    Some of the amendments represent clear improvements in safety, such
as nitrocellulose stability testing, additional closures for packagings
intended for pyrophoric materials, and on deck stowage requirements for
lithium batteries transported by vessel for disposal, recycling, or
those that are damaged or defective. Furthermore, all of the amendments
are expected to maintain the HMR's high safety standard for the public
and the environment. Additionally, PHMSA anticipates that there are
safety benefits to be derived from improved compliance related to
consistency amongst domestic and international regulations.
    Finally, as further explained in the Regulatory Impact Analysis
(RIA), PHMSA calculates that the aggregate benefits of the amendments
in this final rule more than justify their aggregate costs. In fact,
PHMSA estimates that the annualized quantified net cost savings of this
rulemaking, using a 7 percent discount rate, are approximately $24.5 to
$28.3 million per year.

II. Background

    The Federal hazardous materials transportation law (49 U.S.C. 5101
et seq.) directs PHMSA to participate in relevant international
standard-setting bodies and encourages alignment of the HMR with
international transport standards consistent with the promotion of
safety and the public interest. See 49 U.S.C. 5120. This statutory
mandate reflects the importance of international standard-setting
activity considering the globalization of commercial transportation of
hazardous materials. Harmonization of the HMR with those efforts can
reduce the costs and other burdens of complying with multiple or
inconsistent safety requirements between nations. Consistency between
the HMR and current international standards can also enhance safety by:
(1) ensuring that the HMR is informed by the latest best practices and
lessons learned; (2) improving the understanding of--and compliance
with--pertinent requirements; (3) facilitating the smooth flow of
hazardous materials from their points of origin to their points of
destination, thereby avoiding risks to the public and the environment
from release of hazardous materials from delays or

interruptions in the transportation of those materials; and (4)
enabling consistent emergency response procedures in the event of a
hazardous materials incident.
    PHMSA participates in the development of international regulations
and standards for the transportation of hazardous materials. It also
adopts within the HMR international standards consistent with PHMSA's
safety mission. PHMSA reviews and evaluates each international standard
it considers for incorporation within the HMR on its own merits, to
include the effects on transportation safety, the environmental
impacts, and any economic impacts. PHMSA's 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.
    In a final rule published December 21, 1990,\2\ PHMSA's
predecessor--the Research and Special Programs Administration (RSPA)--
comprehensively revised the HMR for greater consistency with the UNMR.
The UNMR constitute a set of recommendations issued by the United
Nations Committee of Experts (UNSCOE) on the Transport of Dangerous
Goods and on the Globally Harmonized System of Classification and
Labelling of Chemicals (GHS). The UNMR are amended and updated
biennially by the UNSCOE and serve as the basis for national, regional,
and international modal regulations, including the ICAO Technical
Instructions and IMDG Code.
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    \2\ 55 FR 52401 (Dec. 21, 1990).
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    PHMSA has evaluated recent updates to the international standards
and is revising the HMR to adopt changes consistent with revisions to
the 2021-2022 Edition of the ICAO Technical Instructions, Amendment 40-
20 to the IMDG Code,\3\ and the 21st revised edition of the UNMR, all
of which were published by or in effect on January 1, 2021. PHMSA
issued a Notice of Enforcement Policy Regarding International Standards
\4\ on October 1, 2020, stating that while PHMSA is considering the
2021-2022 Edition of the ICAO Technical Instructions and Amendment 40-
20 to the IMDG Code for potential adoption into the HMR, PHMSA and
other Federal agencies that enforce the HMR--e.g., the Federal Railroad
Administration, the Federal Aviation Administration (FAA), the Federal
Motor Carrier Safety Administration, and the United States Coast
Guard--will not take enforcement action against any offeror or carrier
who uses these standards as an alternative to complying with current
HMR requirements when all or part of the transportation is by air with
respect to the ICAO Technical Instructions, or by vessel with respect
to the IMDG Code. In addition, that Notice stated PHMSA, and its modal
partners will not take enforcement action against any offeror or
carrier who offers or accepts for domestic or international
transportation by any mode packages marked or labeled in accordance
with these standards. PHMSA withdraws its October 1, 2020, Notice of
Enforcement Policy Regarding International Standards as of the
effective date of this final rule. Additionally, in response to the
ongoing global COVID-19 public health emergency, on December 31, 2020,
and February 23, 2021, ICAO published addenda to the 2021-2022 Edition
of the ICAO Technical Instructions to provide additional provisions and
exceptions to reduce regulatory compliance burdens for the transport of
certain hazardous materials, such as alcohols and aerosols used for
hygienic purposes, by air. PHMSA is including those changes to
international standards in this final rule. Finally, PHMSA is
incorporating by reference these new international regulations and
standards as well as new requirements from the IAEA, ``Specific Safety
Requirements Number SSR-6: Regulations for the Safe Transport of
Radioactive Material 2018 Edition'' (SSR-6, Rev.1); several new or
updated ISO standards; and an updated version of the OECD Guidelines
for the Testing of Chemicals Test No. 431: In vitro skin corrosion:
reconstructed human epidermis (RHE) test method. The standards
incorporated by reference are authorized for use for domestic
transportation, under specific conditions, by part 171, subpart C of
the HMR.
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    \3\ Amendment 40-20 to the IMDG Code may be voluntarily complied
with as of January 1, 2021; however, Amendment 39-18 will remain
effective through May 31, 2022.
    \4\ PHMSA, Notice of Enforcement Policy Regarding International
Standards (Oct. 1, 2020), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-10/Notice%20of%20Enforcement%20Policy%20Regarding%20International%20Standards%20Oct%201%202020.pdf.
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    During PHMSA's development of the final rule, the President issued
a series of Executive Orders coordinating the Federal response to the
COVID-19 public health emergency--a handful of those are pertinent to
this final rule. Specifically, section 2 of Executive Order 13987
(``Organizing and Mobilizing the United States Government to Provide a
Unified and Effective Response to Combat COVID-19 and To Provide United
States Leadership on Global Health and Security'') \5\ contemplates
broad-based action across the Federal Government to ``produce, supply,
and distribute personal protective equipment, vaccines, tests, and
other supplies for the Nation's COVID-19 response.'' Similarly,
Executive Order 14002 (``Economic Relief Related to COVID-19
Pandemic'') \6\ directs Federal agencies like PHMSA to respond to the
economic harm caused by the COVID-19 public health emergency by
promptly identifying actions they can take within existing authorities
to provide economic relief to affected persons and businesses. Lastly,
the President has announced ambitious reductions in national GHG
emissions to combat climate change, identifying electrification of the
transportation and other economic sectors--to include enabling more
widespread use of electric storage technologies, such as lithium
batteries--as a critical element of that effort.\7\
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    \5\ 86 FR 7019 (Jan. 20, 2021).
    \6\ 86 FR 7229 (Jan. 21, 2021).
    \7\ See, e.g., White House, ``Fact Sheet: President Biden Sets
2030 Greenhouse Gas Pollution Reduction Target Aimed at Creating
Good-Paying Union Jobs and Securing U.S. Leadership on Clean Energy
Technologies'' (Apr. 21, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/22/fact-sheet-president-biden-sets-2030-greenhouse-gas-pollution-reduction-target-aimed-at-creating-good-paying-union-jobs-and-securing-u-s-leadership-on-clean-energy-technologies/.
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III. Incorporation by Reference Discussion Under 1 CFR Part 51

    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.
    PHMSA currently incorporates by reference into the HMR all or parts
of several standards and specifications developed and published by
standard development organizations (SDOs). In general, SDOs update and
revise their published standards every two to five years to reflect
modern technology and best technical practices. The National Technology
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs
Federal agencies to use standards developed by voluntary consensus
standards bodies in lieu of government-written standards whenever
possible. Voluntary consensus standards

bodies develop, establish, or coordinate technical standards using
agreed-upon procedures. OMB issued Circular A-119 to implement section
12(d) of the NTTAA relative to the utilization of consensus technical
standards by Federal agencies. This circular provides guidance for
agencies participating in voluntary consensus standards bodies and
describes procedures for satisfying the reporting requirements in the
NTTAA. Accordingly, PHMSA is responsible for determining which
currently referenced standards should be updated, revised, or removed,
and which standards should be added to the HMR. Revisions to materials
incorporated by reference in the HMR are handled via the rulemaking
process, which allows for the public and regulated entities to provide
input.
    The UNMR, the UN Manual of Tests and Criteria, the IAEA Regulations
for the Safe Transport of Radioactive Material, and the OECD Guidelines
for the Testing of Chemicals Test No. 431: In vitro skin corrosion:
reconstructed human epidermis (RHE) test method 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 standard references are available for interested
parties to purchase in either print or electronic versions through the
parent organization websites. The price charged for those standards 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 ``V. Section-by-Section Review of
Amendments Section'' of this document.

IV. Comment Discussion

    In response to the NPRM, PHMSA received 17 sets of comments \8\
from the following persons:
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    \8\ https://www.regulations.gov/docket/PHMSA-2019-0030/comments.

 Airbus
 Amazon
 Anonymous
 Council on the Safe Transportation of Hazardous Articles
(COSTHA)
 Dangerous Goods Advisory Council (DGAC)
 Dow Chemical Company (Dow)
 Elanore Tessitore
 Healthcare Waste Institute (HWI)
 Institute for the Makers of Explosives (IME)
 Luxfer Canada
 Luxfer Gas Cylinders
 Medical Device Transport Council (MDTC)
 The Rechargeable Battery Association (PRBA)
 Reggie Valentine
 Rigid Intermediate Bulk Container Association (RIBCA)
 Reusable Industrial Packaging Association (RIPA)
 Stericycle

    PHMSA received comments from Amazon, DGAC, COSTHA, MDTC, and PRBA,
all providing general support for harmonization with international
standards with additional support from Luxfer Gas Cylinders for the
incorporation by reference of the ISO standards applicable to
cylinders. In addition, PHMSA received a comment from IME encouraging
expeditious adoption of changes to international regulations into the
HMR.
    Comments concerning the sunset provisions for polymerizing
substances, damaged or defective batteries, and comments outside the
scope of this rulemaking are discussed below. All other comments
specific to proposed changes to HMR sections are addressed in the ``V.
Section-by-Section Review of Amendments'' of this document.

A. Comments Outside the Scope of This Rulemaking

    PHMSA received a comment from an anonymous person noting that PHMSA
did not propose to update the publications referenced in Sec.
173.58(c). This section addresses the assignment of Class and Divisions
for new explosives and paragraph (c) specifically addresses
classification of Division 1.6 explosives. The anonymous commenter
states the provisions of Sec.  173.58(c) are outdated relative to the
21st revised edition of the UNMR and the UN Manual of Tests and
Criteria 7th revised edition. The anonymous commenter suggests that
PHMSA review and amend Sec.  173.58(c) to maintain alignment with
international regulations. Specifically, the commenter notes that the
UN provisions (as outlined in the UN Manual of Test and Criteria)
currently specify that explosive substances in Division 1.6 articles
must be ``predominantly containing an extremely insensitive substance''
and must no longer be ``exclusively containing an extremely insensitive
substance'' as currently cited in Sec.  173.58(c). Additionally, the
commenter adds that a Division 1.6 article fragment impact test has
been added to the UN provisions (as outlined in the UN Manual of Test
and Criteria) for Division 1.6 articles and that test is not cited
within Sec.  173.58(c).
    PHMSA acknowledges the commenter's concerns over the testing
requirements for Division 1.6 explosives in Sec.  173.58(c). However,
PHMSA did not propose changes to this section in the NPRM and,
therefore, declines to make such revisions in this final rule without
further evaluation by PHMSA subject matter experts and an opportunity
for stakeholders to comment on the issue. If the commenter has a
proposal to revise the regulatory text Sec.  173.58(c), PHMSA
encourages the commenter to submit a petition for rulemaking in
accordance with 49 CFR 106.100 and provide specific justification that
the regulatory text at Sec.  173.58(c) must be updated to mirror
language in the updated industry standards referenced elsewhere in
Sec.  173.58.
    In its comments on the NPRM, MDTC noted that PHMSA did not address
the inclusion of Special Provision A201--approval of the State of
Origin and the operator--and other provisions codified in the HM-224I
Interim Final Rule (IFR).\9\ While PHMSA appreciates the comments from
MDTC, we are not addressing comments to the HM-224I IFR in this final
rule. PHMSA will address and respond to all comments on the HM-224I IFR
in a future HM-224I final rule.
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    \9\ 84 FR 8006 (Mar. 6, 2019).
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B. Polymerizing Substances

    Dow and DGAC provided comments on the sunset dates for polymerizing
substances as outlined in a previously issued international
harmonization final rule, HM-215O.\10\ In HM-215O, PHMSA extended the
sunset dates to January 2, 2023, for polymerizing substances to allow
PHMSA to complete an ongoing research project and analyze all comments
and data concerning the issue submitted to the docket for the HM-215O
\11\ NPRM. Dow and DGAC are concerned that the next international
harmonization rule will be published after January 2, 2023, resulting
in polymerizing substances regulations no longer being in effect for
transportation in accordance with the HMR. PHMSA expects to address
these concerns regarding sunset dates for transportation of
polymerizing substances in a final rule prior to the expiration of the
sunset dates.
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    \10\ 79 FR 46012 (Aug. 16, 2014).
    \11\ 85 FR 27810 (May 11, 2020).
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C. Guidance on Damaged or Defective Batteries

    In its comments, MDTC and PRBA requested that PHMSA include a note
from Special Provision 376 of the UNMR for determining whether a
lithium battery is damaged or defective within the amendments adopted
in this

final rule. The commenters state this note will better assist shippers
on how to evaluate whether a lithium battery is considered damaged or
defective. PHMSA appreciates MDTC and PRBA bringing this issue to our
attention and concurs that more guidance is needed to help in the
determination of when a lithium battery is considered damaged or
defective. However, the note to Special Provision 376 of the UNMR is
guidance and not prescriptive language within that international
standard. While PHMSA does not believe it is appropriate to codify the
note to Special Provision 376 of the UNMR within the HMR currently,
PHMSA acknowledges the value of the Special Provision 376 language in
providing guidance on the shipment of damaged or defective batteries.
Towards that end, PHMSA has issued a safety advisory notice on the
shipment of damaged or defective batteries.\12\ Within this safety
advisory notice, PHMSA has paraphrased and cited the guidance presented
in the note to Special Provision 376 of the UNMR for determining when a
battery is damaged or defective. PHMSA encourages the shippers of
damaged or defective batteries to review this notice for assistance in
the shipment of damaged or defective lithium batteries.
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    \12\ See the ``Safety Advisory Notice for the Disposal and
Recycling of Lithium Batteries in Commercial Transportation'' issued
on May 17, 2022, at: https://www.phmsa.dot.gov/news/phmsa-safety-advisory-notice-transportation-lithium-batteries-disposal-or-recycling.
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D. Support for PHMSA's Decision Not To Propose Certain Amendments

    DGAC provided comments on revisions in the 21st revised edition of
the UNMR that contain packing instructions for several electric battery
entries in the UNMR. The 21st revised edition of the UNMR contains
amendments to Packing Instruction P801, applicable to used batteries
assigned the following UN numbers: ``UN2794, Batteries, wet, filled
with acid, electric storage;'' ``UN2795, Batteries, wet, filled with
alkali, electric storage;'' and ``UN3028, Batteries, dry, containing
potassium hydroxide solid, electric storage.'' These amendments were
adopted to correct issues unique to the UNMR pertaining to the required
use of stainless-steel boxes and plastic bins as packaging for these
used batteries. DGAC provided comments in support of PHMSA's decision
to not propose adopting these unique packaging requirements into the
HMR and concurs with PHMSA's position that there is not a sufficient
safety justification to limit the transport of used batteries. DGAC
concludes the new provisions to P801 for these batteries would not
substantially improve their safe transportation.

V. Section-by-Section Review of Amendments

    The following is a section-by-section review of the amendments in
this final rule.

A. 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
NTTAA. 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.
PHMSA contributed to the development of those updated standards--each
of which build on the well-established and documented safety histories
of earlier editions--as it participated in the discussions and working
group activities associated with their proposal, revision, and
approval. Those activities have, in turn, informed PHMSA's evaluation
of the effect on safety those updated consensus standards would have
when incorporated by reference and their provisions adopted into the
HMR. Further, PHMSA notes that some of the consensus standards
incorporated by reference within the HMR in this rulemaking have
already been adopted into the regulatory schemes of other countries,
noting again that PHMSA itself has issued an enforcement discretion
authorizing their use as an interim strategy for complying with current
HMR requirements. PHMSA is not aware of adverse safety impacts from
that operational experience. For these reasons, PHMSA expects their
adoption will maintain the high safety standard currently achieved
under the HMR. PHMSA received a comment from DGAC in support of these
incorporation by reference revisions. Therefore, PHMSA is adding or
revising the following incorporation by reference materials:
     In paragraph (s)(1), incorporate by reference the 2018
edition of the IAEA Regulations for the Safe Transport of Radioactive
Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the
2012 edition, which is currently referenced in Sec. Sec.  171.22;
171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The
IAEA regulations establish standards of safety for control of the
radiation, criticality, and thermal hazards to people, property, and
the environment that are associated with the transport of radioactive
materials. Notable changes from the previous 2012 edition include
clarification of certain marking requirements, a new group of surface
contaminated objects SCO-III for ``UN2914,'' and amendments to basic
radionuclide values (activity of the radionuclide as listed in Sec.
173.435) for seven specific radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-
57, Sr-83, Tb-149 and Tb-161). The Regulations for the Safe Transport
of Radioactive Material are available for download (free PDF) and
purchase in hard copy on the IAEA website at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material.
     In paragraph (t)(1), incorporate by reference the 2021-
2022 edition of the ICAO Technical Instructions, to replace the 2019-
2020 Edition, which is currently referenced in Sec. Sec.  171.8;
171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 172.407; 172.512;
172.519; 172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO
Technical Instructions specify detailed instructions for the safe
international transport of dangerous goods by air. The requirements in
the 2021-2022 edition have been amended to better align with the 21st
revised edition of the UNMR and the IAEA Regulations for the Safe
Transport of Radioactive Material. Notable changes in the 2021-2022
edition of the ICAO Technical Instructions include new packing and
stowage provisions, new and revised entries on the Dangerous Goods
List, and editorial corrections. The 2021-2022 edition of the ICAO
Technical Instructions are available for purchase on the ICAO website
at https://store.icao.int/en/shop-by-areas/safety/dangerous-goods.
     In paragraph (v)(2), incorporate by reference the 2020
edition of the IMDG Code, Incorporating Amendment 40-20 (English
Edition), to replace Incorporating Amendment 39-18, 2018 Edition, which
is currently referenced in Sec. Sec.  171.22; 171.23; 171.25; 172.101;
172.202; 172.203; 172.401; 172.407; 172.502; 172.519; 172.602; 173.21;
173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140;
176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified
international code that outlines standards and requirements for the
transport of dangerous goods by vessel. Notable changes in Amendment
40-20 include new packing and stowage provisions, new and revised
entries on the Dangerous Goods List, and editorial corrections.
Distributors of the IMDG Code can be found on the International

Maritime Organization (IMO) website at: https://www.imo.org/en/publications/Pages/Distributors-default.aspx.
     In paragraph (w), incorporate by reference or remove the
following ISO documents to include new and updated standards for the
specification, design, construction, testing, and use of gas cylinders:

--ISO 10156:2017, ``Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection
of cylinder valve outlets'' in paragraph (w)(38) and referenced in
Sec.  173.115. ISO 10156 specifies methods for determining whether a
gas or gas mixture is flammable in air and whether a gas or gas mixture
is more or less oxidizing than air under atmospheric conditions. It is
intended to be used for the classification of gases and gas mixtures
including the selection of gas cylinder valve outlets. This amendment
removes ISO 10156:2010, third edition, and the associated corrigendum
(ISO 10156:2010/Cor.1:2010(E)), from the HMR and adds the revised ISO
10156:2017(E), fourth edition, as the former documents have been
withdrawn by ISO and replaced with the updated 2017 versions. As part
of the five-year periodic review of all standards, ISO reviewed ISO
10156:2010 and published an updated version, ISO 10156:2017, which was
published in September 2017 and adopted in the 21st revised edition of
the UNMR. While many of the edits in this 2017 version were editorial
changes made to suit the ISO publication rules, the standard has also
been supplemented with a test method to determine the flammability
limits of gases and gas mixtures in air and a calculation method to
determine the lower flammability limit of a gas mixture. PHMSA expects
that the latter change will enhance safety by providing improved
instruction on the determination of flammability of gases and gas
mixtures which aids in the proper selection of a valve. (See Sec.
173.115 of the Section-by-Section Review of Amendments for additional
discussion of this change).
--ISO 10297:2014/Amd 1:2017, ``Gas cylinders--Cylinder valves--
Specification and type testing'' in paragraph (w)(42) and referenced in
Sec. Sec.  173.301b and 178.71. ISO published this supplemental
amendment to the 2014 version of this document (i.e., ISO 10297:2014)
to clarify valve requirements for tubes and pressure drums and to
correct errors found in the 2014 version. PHMSA references this
amendment in Sec. Sec.  173.301b and 178.71, where use of ISO
10297:2014 is required. PHMSA reviewed this document and determined
that the amendments provide additional safety benefits for hazardous
materials in transportation.
--ISO 10462:2013, ``Gas cylinders--Transportable cylinders for
dissolved acetylene--Periodic inspection and maintenance.'' PHMSA is
deleting the second edition of ISO 10462 currently in paragraph (w)(44)
from the list of materials incorporated by reference. PHMSA requires
the use of ISO 10462 for the requalification of a dissolved acetylene
cylinder in Sec.  180.207. In final rule HM-215N,\13\ PHMSA
incorporated by reference the updated third edition of ISO 10462;
however, the rule included a sunset provision to allow continued used
of this second edition until December 31, 2018. Because this date has
since passed, and the second edition is no longer authorized for use
under Sec.  180.207, PHMSA is removing the reference to this edition in
Sec.  171.7, as well as making a conforming revision to remove the
sunset provision in Sec.  180.207.
---------------------------------------------------------------------------

    \13\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------

--ISO 11114-1:2012/Amd 1:2017(E), ``Gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials--Amendment 1.'' In paragraph (w)(47), PHMSA is referencing--
ISO 11114-1:2012/Amd 1:2017(E), in Sec. Sec.  172.102, 173.301b, and
178.71. The 2017 ISO 11114-1:2012/Amd 1:2017(E) document supplements
ISO 11114-1:2012(E), which provides requirements for the selection of
safe combinations of metallic cylinder and valve materials, and
cylinder gas contents. As part of ISO's regular five-year review of its
standards, the 2012 version of this document was amended through the
issuance of this supplemental document, ISO 11114-1:2012/Amd 1:2017(E).
The ISO 11114-1:2012/Amd 1:2017(E) document amends the 2012 version by
providing more explicit instructions on the permissible concentrations
of gases containing halogens in aluminum cylinders. It also provides
amended requirements for butylene, hydrogen cyanide, hydrogen sulfide
and nitric oxide. Consequently, the 21st revised edition of the UNMR
updated all references to the 2012 edition to include a reference to
the supplemental amendment (ISO 11114-1:2012/Amd 1:2017(E)). PHMSA
revises the HMR likewise, by amending Special Provision 379, Sec. Sec.
173.301b and 178.71 where ISO 11114-1:2012(E) is permitted or required,
to also require compatibility with ISO 11114-1:2012/Amd 1:2017(E).
--ISO 11119-1:2012(E), ``Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450
l,'' found in paragraph (w)(55). This document specifies requirements
for composite gas cylinders and tubes between 0.5 L and 450 L water
capacity, for the storage and conveyance of compressed or liquefied
gases. ISO 11119-1:2012(E) is currently incorporated by reference in
Sec.  178.71; however, PHMSA is further incorporating by reference in
Sec.  178.75 to allow for the use of this ISO standard for
specification multi-element gas containers (MEGCs).
--ISO 11119-2:2012(E), ``Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners'' found in paragraph (w)(57). ISO 11119-
2:2012 specifies requirements for composite gas cylinders and tubes
between 0.5 L and 450 L water capacity, for the storage and conveyance
of compressed or liquefied gases. ISO 11119-2:2012(E) is currently
incorporated by reference in Sec.  178.71; however, PHMSA further
incorporates by reference in Sec.  178.75 use of this ISO standard for
specification MEGCs.
--ISO 11119-2:2012/Amd.1:2014(E), ``Gas cylinders--Refillable composite
gas cylinders and tubes--Design, construction and testing--Part 2:
Fully wrapped fibre reinforced composite gas cylinders and tubes up to
450 L with load-sharing metal liners, Amendment 1'' found in paragraph
(w)(58). ISO 11119-2:2012/Amd. 1:2014(E) is currently incorporated by
reference in Sec.  178.71; however, PHMSA further incorporates by
reference in Sec.  178.75 the use of this ISO standard for
specification MEGCs. This supplemental amendment was published to align
the drop test originally provided in ISO 11119-2 with the drop test
outlined in ISO 11119-3 ``Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners''.

--ISO 11119-3:2013(E), ``Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners'' listed in paragraph (w)(60). This document is currently
incorporated by reference in Sec.  178.71; however, PHMSA is
additionally incorporating by reference in Sec.  178.75. ISO 11119-
3:2013 specifies requirements for composite gas cylinders up to 150 L
water capacity and composite tubes above 150 L water capacity and up to
450 L water capacity, for the storage and conveyance of compressed or
liquefied gases.
--ISO 11119-4:2016, ``Gas cylinders--Refillable composite gas
cylinders--Design, construction and testing--Part 4: Fully wrapped
fibre reinforced composite gas cylinders up to 150 l with load-sharing
welded metallic liners,'' in (w)(61), which PHMSA references in
Sec. Sec.  178.71 and 178.75. This standard provides requirements for
composite gas cylinders with load-sharing welded liners between 0.5 L
and 150 L water capacity and a maximum test pressure of 450 bar \14\
for the storage and conveyance of compressed or liquefied gases. PHMSA
is requiring UN composite cylinders and tubes to conform to this
standard in Sec.  178.71. See 178.71 of Section-by-Section Review of
Amendments for additional discussion on this new incorporation by
reference.
---------------------------------------------------------------------------

    \14\ 1 Bar = 100 kPa = 14.504 psi.
---------------------------------------------------------------------------

--ISO 14246:2014/Amd 1:2017, ``Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1,'' in paragraph
(w)(71). PHMSA is adding a reference to this document in Sec.  178.71.
This one-page amendment, published in 2017, is intended for use in
conjunction with ISO 14246:2014, which specifies the procedures and
acceptance criteria for manufacturing testing and examination of
cylinder valves that have been manufactured to achieve type approval.
This 2017 document amends the 2014 version by updating the pressure
test and leakproofness test specifically for acetylene valves.
Consequently, the 21st revised edition of the UNMR updated all
references to the 2014 edition to include a reference to the
supplemental amendment (ISO 14246/Amd 1:2017). Therefore, PHMSA is
likewise adding a reference to this supplement in Sec.  178.71, which
requires inspection and testing in accordance with ISO 14246:2014. See
178.71 of the Section-by-Section Review of Amendments for additional
discussion.
--ISO 17879:2017, ``Gas cylinders--Self-closing cylinder valves--
Specification and type testing,'' in paragraph (w)(75). PHMSA is adding
a reference to this standard in Sec. Sec.  173.301b and 178.71. This
standard provides the design, type testing, marking, and manufacturing
tests and examination requirements for self-closing cylinder valves
intended to be fitted to refillable transportable gas cylinders used to
transport compressed, liquefied, or dissolved gases.
--ISO 20475:2018, ``Gas cylinders--Cylinder bundles--Periodic
inspection and testing'' in paragraph (w)(77). This standard provides
the requirements for the periodic inspection and testing of cylinder
bundles containing compressed, liquefied, and dissolved gas. PHMSA is
adding a reference to this standard in Sec.  180.207, which provides
the requirements for requalification of UN pressure receptacles.
--All ISO standards are available for preview and purchase at: https://www.iso.org/standards.html.

     In paragraph (aa)(3), incorporate by reference the updated
2016 version of the OECD Guidelines for the Testing of Chemicals ``Test
No. 431: In vitro skin corrosion: reconstructed human epidermis (RHE)
test method.'' PHMSA is updating the version of OECD Guidelines for the
Testing of Chemicals Test No. 431 referenced in Sec.  173.137, to
maintain alignment with the UNMR. This document is used for the
identification of corrosive chemical substances and mixtures. This
updated edition includes in vitro methods allowing for better
differentiation between hazard categories, which had not been possible
under earlier editions due to the limited set of well-known in vivo
corrosive sub-category chemicals against which to validate in vitro
testing results. Therefore, this updated test protocol may provide
clearer distinctions between severe and less severe skin corrosives.
OECD test methods can be found in the OECD iLibrary available at:
https://www.oecd-ilibrary.org/.
     In paragraph (dd), incorporate by reference United Nations
standards including:

--``Recommendations on the Transport of Dangerous Goods--Model
Regulations,'' 21st revised edition (2019), Volumes I and II, in
paragraph (dd)(1), which are referenced in Sec. Sec.  171.8; 171.12;
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b;
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The
UNMR provide framework provisions promoting uniform development of
national and international regulations governing the transportation of
hazardous materials by various modes of transport. At its ninth session
on December 7, 2018, the UNSCOE on the Transport of Dangerous Goods and
on the GHS adopted amendments to the UNMR concerning, inter alia:
electric storage systems (including lithium batteries installed in
cargo transport units and defective batteries), explosives, infectious
waste of Category A, waste gas cartridges, harmonization with the 2018
edition of IAEA's Regulations for the Safe Transport of Radioactive
Material, listing of dangerous goods, update of LC50 values for some
toxic gases, and use of in vitro skin corrosion methods for
classification. Therefore, PHMSA is adopting this revised edition in
order to reflect these important updates.
--The Manual of Tests and Criteria, 7th revised edition (2019), in
paragraph (dd)(2), which is referenced in Sec. Sec.  171.24, 172.102;
173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125;
173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225;
173.232; part 173, appendix H; 175.10; 176.905; and 178.274. The Manual
of Tests and Criteria contains instruction for the classification of
hazardous materials for purposes of transportation according to the
UNMR. PHMSA replaces the sixth revised edition (2015) and the sixth
revised edition, Amendment 1 (2017) with the 7th revised edition. The
amendments adopted in 2018 for the 7th revised edition include: a full
review of the text of the Manual to facilitate its use in the context
of the GHS; a new test under test series 8 to determine the
sensitiveness of a candidate ammonium nitrate, emulsion or suspension,
or gel, intermediate for blasting explosive, to the effect of intense
localized thermal ignition under high confinement; new provisions
addressing classification of polymerizing substances for transport;
stability tests for nitrocellulose mixtures (new Appendix 10); and a
compilation of classification results on industrial nitrocellulose in
accordance with Chapter 2.17 of the GHS, which can be used for the
classification of industrial

nitrocellulose based products (new Appendix 11). Additionally, the
Committee considered that the reference to the ``Recommendations on the
Transport of Dangerous Goods'' in the title of the manual was no longer
appropriate and decided that the manual should be entitled ``Manual of
Tests and Criteria.'' Therefore, PHMSA amends the title of this
document in the list of reference material in Sec.  171.7 to reflect
this change. Finally, PHMSA is adopting this revised edition in order
to reflect these important updates.
--``Globally Harmonized System of Classification and Labelling of
Chemicals'', eighth revised edition (2019) in paragraph (dd)(3), which
is referenced in Sec.  172.401. The GHS standard provides a basic
scheme to identify the hazards of substances and mixtures and to
communicate the hazards. At its ninth session on December 7, 2018, the
Committee adopted a set of amendments to the 7th revised edition of the
GHS which include, inter alia: new classification criteria, hazard
communication elements, decision logics, and guidance for chemicals
under pressure; new provisions for the use of in vitro/ex vivo data and
non-test methods to assess skin corrosion and skin irritation;
miscellaneous amendments to clarify the classification criteria for
Specific Target Organ Toxicity; revised and further rationalized
precautionary statements and an editorial revision of Sections 2 and 3
of Annex 3; new examples of precautionary pictograms to convey the
precautionary statement ``Keep out of reach of children''; a new
example in Annex 7 addressing labelling of sets or kits; and guidance
on the identification of dust explosion hazards and the need for risk
assessment, prevention, mitigation, and hazard communication.
Therefore, PHMSA is adopting this revised edition in order to reflect
these important updates.
--``Agreement concerning the International Carriage of Dangerous Goods
by Road,'' in (dd)(4), which is referenced in Sec.  171.23. The
Agreement concerning the International Carriage of Dangerous Goods by
Road (ADR) outlines regulations concerning the international carriage
of dangerous goods by road within the EU and other countries that are
party to the agreement. PHMSA removes references to the 2019 edition of
the ADR, ECE/TRANS/257, and adds references to volumes I and II and the
corrigendum of the 2020 edition, ECE/TRANS/300. The ADR can be accessed
at: https://www.unece.org/trans/danger/publi/adr/adr_e.html. The main
changes to the 2020 edition include revisions to the P200 packaging
section for cylinders and updates to reference various updated ISO
publications. As such, PHMSA is adopting this revised edition in order
to reflect these important updates.

    The following standards are already incorporated by reference in
the section(s) in which they appear in the regulatory text: ISO
10297:1999(E), ISO 10297:2006(E), ISO 10297:2014(E), ISO 10461:2005(E),
ISO 10462:2013(E), ISO 10692-2:2001(E), ISO 10692-2:2001(E), ISO 11114-
1:2012(E), ISO 11114-2:2013(E), ISO 11117:1998(E): ISO 11117:2008(E),
ISO 11117:2008/Cor.1:2009(E): ISO 11118(E), ISO 11118:2015(E), ISO
11119-1(E), ISO 11119-2(E), ISO 11119-3(E), ISO 11120(E), ISO
11120:2015(E), ISO 11513:2011(E), ISO 11621(E), ISO 11623(E), ISO
11623:2015(E), ISO 13340:2001(E); ISO 13736:2008(E), ISO 14246:2014(E),
ISO 16111:2008(E), ISO 16148:2016(E), ISO 17871:2015(E), ISO 18172-
1:2007(E), ISO 20703:2006(E), ISO 21172-1:2015(E), ISO 22434:2006(E),
and ISO/TR 11364:2012(E); European Directive 2010/35/EU; Transport
Canada TDG Regulations; Test Nos. 404, 430, and 435.
Section 171.8
    Section 171.8 defines terms used throughout the HMR that have broad
or multi-modal applicability. Currently, the definitions provided in
Sec.  171.8 for SADT and SAPT--i.e., ``self-accelerating decomposition
temperature'' and ``self-accelerating polymerization temperature''--
only spell out the abbreviations and direct users to Sec.  173.21--
Forbidden materials and packages--for the actual defining criteria. In
the NPRM, we proposed to make editorial changes to improve the utility
of the definitions of SADT and SAPT by providing a clear explanation of
these terms in the context of packaging within the HMR. As such, DGAC
provided comments in response to the NPRM in support of PHMSA's
proposed revision of the definitions for SADT and SAPT; and confirmed
that these changes will clarify understanding of these terms and assist
selection of the proper packaging of these materials. Therefore, PHMSA
is making editorial changes to improve the utility of the definitions
of SADT and SAPT by providing a clear explanation of these terms in the
context of packaging within the HMR.
Section 171.12
    Paragraph (a) of Sec.  171.12 prescribes requirements for the use
of the TDG Regulations for hazardous materials transported from Canada
to the United States, from the United States to Canada, or through the
United States to Canada or a foreign destination. In this final rule,
PHMSA amends Sec.  171.12(a)(1) to authorize the use of a temporary
certificate issued by Transport Canada for motor carrier or rail
transportation of a hazardous material.
    In a 2017 rulemaking--HM-215N \15\--PHMSA authorized hazardous
materials to be offered for transportation or transported by motor
carrier and rail in accordance with an equivalency certificate issued
by Transport Canada, as an alternative to transportation of these items
under the TDG Regulations as provided in Sec.  171.22. The HMR
amendment resulted from negotiations by the U.S.-Canada Regulatory
Cooperation Council (RCC), a government-to-government forum established
in 2011 by the President of the United States and the Canadian Prime
Minister for PHMSA and Transport Canada, respectively, to identify and
resolve--with input from stakeholders--impediments to cross-border
transportation of hazardous materials. Among the initiatives agreed
upon by PHMSA and Transport Canada within the RCC was modification of
their respective regulations to ensure reciprocal recognition of
special permits (PHMSA) and certificates (Transport Canada) specifying
the terms and conditions authorizing deviations from their respective
regulatory requirements governing transportation of hazardous
materials.
---------------------------------------------------------------------------

    \15\ 82 FR 15796 (Mar. 30, 2017).
---------------------------------------------------------------------------

    Subsequently, Transport Canada recognized PHMSA's special permits,
which are issued based on either being in the public interest or on the
basis that the permit provides a demonstrable equivalent level of
safety. See Sec.  107.105(d). In HM-215N, PHMSA revised the HMR to
recognize equivalency certificates by Transport Canada based on a
finding of safety equivalence with the TDG Regulations. That rulemaking
did not, however, reflect the fact that Transport Canada also issues
temporary certificates authorizing deviation from the TDG Regulations
on a finding that transportation of certain hazardous materials is in
the public interest. Transport Canada issues temporary certificates
after a technical review by its subject matter experts of an

applicant's supporting documentation demonstrating shipment of the
hazardous material is in the public interest. Temporary certificates
are of limited duration and specify terms and conditions--often
extensive--to mitigate risks to public safety and the environment.
Transport Canada posts all temporary certificates to its publicly
available website.\16\
---------------------------------------------------------------------------

    \16\ See Transport Canada, ``Approvals--Search by Certificate
Number,'' https://wwwapps.tc.gc.ca/Saf-Sec-Sur/3/approvals-approbations/SearchCertificates.aspx (last visited Apr. 16, 2021).
---------------------------------------------------------------------------

    PHMSA has evaluated Transport Canada's practices in reviewing and
issuing temporary certificates and expects that PHMSA's recognition of
those certificates for motor carrier or rail transportation of
hazardous materials will not adversely affect safety. As noted above,
Transport Canada issues those certificates only after a technical
review is completed by its own subject matter experts to mitigate
residual risks to public safety and the environment as outlined by the
certificates' terms and conditions, including limiting duration of
those temporary certificates. Additionally, other regulatory
requirements (of Transport Canada or PHMSA) not excepted by a temporary
certificate remain in effect. PHMSA further notes that, consistent with
the HMR's existing authorization in Sec.  171.12 for reliance on the
TDG Regulations to authorize certain shipments in the United States,
the new authorization to use a temporary certificate applies only for
the duration of a shipment. In other words, once a shipment offered in
accordance with a temporary certificate reaches its destination, any
subsequent offering of packages imported under a Transport Canada
temporary certificate must be completed in full compliance with the
HMR. PHMSA's revisions to Sec.  171.12 further mitigates risk to public
safety and the environment by applying only to motor carrier and rail.
    The recognition of Transport Canada-issued temporary certificates
improves cross-border movement of hazardous materials responding to the
COVID-19 public health emergency or other future emergencies. For
example, among the temporary certificates recently issued by Transport
Canada are several authorizing exceptions from TDG Regulations to
enable movement of hand sanitizer chemicals and COVID-19 test
samples.\17\ These revisions to the HMR help to ensure that, should
Transport Canada issue additional temporary certificates responding to
the COVID-19 public health emergency or another cross-border threat to
public safety or the environment, the HMR will not be an obstacle to
those efforts. Dow, DGAC, and COSTHA all provided comments in support
of the amendment to improve cross-border movement of hazardous
materials. Commenters added that this revision will improve efforts in
responding to the COVID-19 and other potential public health
emergencies.
---------------------------------------------------------------------------

    \17\ See Transport Canada, ``Temporary Certificates,'' https://tc.canada.ca/en/dangerous-goods/temporary-certificates (last visited
Apr. 16, 2021).
---------------------------------------------------------------------------

Section 171.23
    Section 171.23 outlines the requirements for specific materials and
packagings transported under the ICAO Technical Instructions, IMDG
Code, Transport Canada TDG Regulations, or the IAEA Regulations. It
also includes provisions that authorize the use--under specific
conditions--of pi-marked pressure vessels, which are pressure vessels
and pressure receptacles that comply with ECE/TRANS/257, the ADR, and
the EU Directive 2010/35/EU, and marked with a pi ([pi]) symbol to
denote such compliance. PHMSA is amending Sec.  171.23(a) to update the
reference to ECE/TRANS/257 to: (1) reference the 2020 edition of this
document, ECE/TRANS/300; and (2) reference both volumes I and II of the
ADR. Specifically, Sec.  171.23(a) authorizes cylinders that comply
with the requirements of Packing Instruction P200 (packing instruction
for cylinders, tubes, pressure drums, and bundles of cylinders) or P208
(packing instruction for Class 2 adsorbed gases) and 6.2 (requirements
for the construction and testing of pressure receptacles, aerosol
dispensers, small receptacles containing gas (gas cartridges), and fuel
cell cartridges containing liquefied flammable gas) of the ADR,
published in 2019 as document ECE/TRANS/257. Upon review of the 2020
edition of this document, ECE/TRANS/300, PHMSA did not find any
substantive changes to the provisions in 6.2, P200, or P208, and
therefore, does not expect that incorporating by reference ECE/TRANS/
300 will impose any safety risk or economic impact. However, updating
the version incorporated by reference to reflect the edition that is
currently in force facilitates access to foreign markets by U.S.
manufacturers and businesses.

B. Part 172

Section 172.101 Hazardous Materials Table (HMT)
    The HMT summarizes terms and conditions governing transportation of
certain hazardous materials under the HMR. For each entry, the HMT
identifies information such as the proper shipping name, UN
identification number, and hazard class. The HMT specifies additional
information or reference requirements in the HMR such as hazard
communication, packaging, quantity limits aboard aircraft, and stowage
of hazardous materials aboard vessels. In this final rule, PHMSA amends
certain entries in the HMT to reflect the regulatory amendments
discussed below in the Section-by-Section Review of Amendments. For
purposes of the Government Publishing Office's typesetting procedures,
changes to the HMT appear under three sections of the HMT: ``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.'' Amendments to the HMT include the following:
New HMT Entries
 UN0511, Detonators, electronic programmable for blasting
 UN0512, Detonators, electronic programmable for blasting
 UN0513, Detonators, electronic programmable for blasting
 UN3549, Medical Waste, Category A, Affecting Humans, solid or
Medical Waste, Category A, Affecting Animals only, solid

    The UNMR contain a new entry to its Dangerous Goods List for
regulated medical waste in Category A (see above list for UN3549). In
the NPRM, PHMSA proposed to add this new entry for this proper shipping
name and UN number and assigning Special Provision 131 to inform
offerors that an approval is required when shipping this material.
    DGAC and HWI provided comments supporting the inclusion of a new
entry in the HMT for ``UN3549, Medical Waste, Category A, Affecting
Humans, solid or Medical Waste, Category A, Affecting Animals only,
solid.'' However, DGAC and HWI believe that PHMSA should include the
corresponding packing provisions in the UNMR associated with ``UN3549,
Medical Waste, Category A, Affecting Humans, solid or Medical Waste,
Category A, Affecting Animals only, solid.'' DGAC asserts that PHMSA
should accept the internationally recognized packaging for these
materials as a part of the international harmonization process. Both
DGAC and HWI believe that continuing to require special permits or
approvals for the packaging of these materials does little to enhance
transportation safety. HWI adds that the special permit process can
take a significant amount of time and recommends that PHMSA provide

initial packaging guidance for Category A medical wastes, so that
generators have an immediate, safe, and compliant packaging solution.
    PHMSA is adding ``UN3549, Medical Waste, Category A, Affecting
Humans, solid or Medical Waste, Category A, Affecting Animals only,
solid'' to the HMT in order to provide a more detailed proper shipping
name for the shipment of biological waste. PHMSA acknowledges that in
biological emergency response crises, such as the response to Ebola
outbreaks, it is critical to have approved packagings for cleanup of
biological waste. However, PHMSA asserts that due to the unknown nature
of any infectious agent that may produce a category A biological waste,
it is necessary to retain greater oversight of the safety and
operational controls associated with approved packagings via the
special permit process. PHMSA's special permit process can accommodate
emergency processing of applications for instances associated with
transportation of hazardous materials during a public health emergency
or natural disaster. For these reasons PHMSA is not assigning baseline
packaging provisions in the HMT for to the new proper shipping name
``UN3549, Medical Waste, Category A, Affecting Humans, solid or Medical
Waste, Category A, Affecting Animals only, solid.'' However, PHMSA is
assigning Special Provision 131 to state that approval from the
Associate Administrator, through a special permit, is required when
offering this material for transportation.
    PHMSA assigns a new special provision, Special Provision 430, to
specify the appropriate use of this proper shipping name. The addition
of a proper shipping name that more specifically describes the material
in transportation is expected to reduce regulatory burdens in shipping
this material internationally and domestically. By limiting the scope
of transport by way of special provision approval requirements for each
shipment, PHMSA can exercise greater oversight of the transport of
these materials to, from, or within the United States.
    PHMSA is adding three new entries for the proper shipping name
``Detonators, electronic programmable for blasting'' with the following
new UN numbers: UN0511, UN0512, and UN0513. These entries were added in
the 21st revised edition of UNMR as result of a proposal from the
Australian Explosives Industry and Safety Group (AEISG) and ensuing
discussions held by the UN Working Group on Explosives (EWG) of the
Sub-Committee of Experts on the Transport of Dangerous Goods in 2017
and 2018.\18\ AEISG proposed adding new entries in the UNMR for
electronic detonators to distinguish them from electric detonators,
which have significantly different design characteristics.
---------------------------------------------------------------------------

    \18\ https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/ST-SG-AC.10-C.3-2018-58e.pdf.
---------------------------------------------------------------------------

    The HMT has nine entries for detonators--not used for ammunition--
which include: ``Detonators, non-electric for blasting,'' ``Detonators,
electric for blasting,'' and ``Detonator assemblies, non-electric for
blasting,'' which may fall in to one of three hazard classes (1.1B,
1.4B, or 1.4S). Under the hazardous materials classification scheme,
based on the existing available entries, electronic detonators are
required to be transported as ``Detonators, electric for blasting''
which is not the most accurate description. While using this name does
not pose inherent risks during transportation, it creates potential for
risks in down-stream storage, use, and handling operations. Because
electronic detonators are significantly different from other electric
and non-electric detonators, PHMSA is adding new entries for these
devices rather than including them within the existing entries for
electric detonator types. As with other explosives, the proper
classification of these devices depends on packaging and testing, hence
new entries must include all possible hazard classifications (1.1B,
1.4B, and 1.4S). For other newly added hazardous materials assigned a
UN number on the Dangerous Goods List in the UNMR, PHMSA is adding:
UN0511 (1.1B), UN0512 (1.4B), and UN0513 (1.4S) to the HMT to
facilitate proper classification and handling across governmental and
modal jurisdictions. PHMSA determined that this change provides clarity
and enhanced safety by adding more specific proper shipping names to
describe the difference between electronic detonators and electric
detonators. PHMSA received a comment from IME in support of including
these three new hazardous materials descriptions for electronic
detonators in the HMT.
Column (1) Symbols
    Section 172.101(b) describes column (1) of the HMT and symbols
providing for additional requirements for transportation of listed
hazardous materials that may be indicated in the column. As provided in
Sec.  172.101(b)(1): (1) the symbol ``A'' identifies a material that is
subject to the requirements of the HMR only when offered or intended
for transportation by aircraft; (2) the symbol ``W'' identifies a
material that is subject to the requirements of the HMR only when
offered or intended for transportation by vessel; and (3) the symbol
``I'' identifies proper shipping names which are appropriate for
describing materials in international transportation. The UNMR were
amended for consistency with the ICAO Technical Instructions to
indicate that in addition to being regulated by vessel, the following
entries are also regulated for air transport: ``UN1372, Fibers, animal
or Fibers, vegetable burnt, wet or damp,'' ``UN1387, Wool waste, wet,''
``UN1856, Rags, oily,'' ``UN1857, Textile waste, wet,'' and ``UN3360,
Fibers, vegetable, dry.'' In the case of these particular entries, they
are forbidden for air transport in the ICAO Technical Instructions.
While reviewing this amendment, PHMSA found that all of these entries
except for ``UN3360, Fibers, vegetable, dry,'' are also identified as
only being regulated for air and vessel transportation as denoted by
the symbols ``A'' and ``W'' in column (1). For UN3360, the symbols
``I'' and ``W'' are presently assigned in column (1) and the quantity
limit in column (9) is ``No Limit'' for both passenger and cargo air.
This is inconsistent with the ICAO Technical Instructions which forbid
this material for transport by air. Therefore, consistent with the ICAO
Technical Instructions for the UN3360 entry, PHMSA adds the symbol
``A'' to column (1) and amends column (9) to read ``Forbidden.'' This
is further consistent with the entries for similar materials ``UN1372,
Fibers, animal or Fibers, vegetable'' and ``UN1373, Fibers or Fabrics,
animal or vegetable or Synthetic, n.o.s.'' that are also assigned the
symbol ``A'' in column (1) and ``Forbidden'' in column (9). PHMSA
determines that this change will facilitate international air
transportation and save shippers time and costs by preventing delayed
and rejected shipments.
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. The UNMR contain the entry ``UN3363, Dangerous Goods in Articles
or Dangerous Goods in Machinery or Dangerous Goods in Apparatus,'' in
its Dangerous Goods List; however, the HMT entry UN3363 does not
include ``Dangerous Goods in Articles or,'' in the proper shipping
name. PHMSA is adding ``Dangerous Goods in Articles or,'' to the proper

shipping name. This change provides flexibility for shippers selecting
the most appropriate proper shipping name by adding a third option in
the proper shipping name associated with this UN Number. Additionally,
for the proper shipping name ``Fuel system components (including fuel
control units (FCU), carburetors, fuel lines, fuel pumps)'' which
currently directs HMT users to ``see Dangerous Goods in Apparatus or
Dangerous Goods in Machinery'', PHMSA is amending the directions to
include a reference to ``Dangerous Goods in Articles.'' PHMSA expects
that these changes will improve hazard communication by including a
more specific description for articles containing hazardous materials.
    Additionally, for the entry ``UN2522, 2-Dimethylaminoethyl
methacrylate,'' PHMSA is adding the word ``stabilized'' to this proper
shipping name to identify this material as a polymerizing substance.
Discussions held by the UNSCOE identified ``UN2522, 2-
Dimethylaminoethyl-methacrylate'' as having a similar molecular
structure and polymerization behaviors to ``UN 3302, 2-
Dimethylaminoethyl acrylate, stabilized.'' Under the HMR and
international regulations, polymerizing substances require verification
that a sufficient level of stabilization is provided prior to
transportation. This requirement for stabilization is also indicated by
assignment of Special Provision 387 in the HMT, which PHMSA adds for
UN2522.
    Finally, for the entry ``UN3171, Battery-powered vehicle or
Battery-powered equipment,'' PHMSA is making an editorial change to
italicize the ``or'' in the hazardous material description. Currently,
the ``or'' is in roman type and not italicized. Section 172.101(c)
introductory text instructs that proper shipping names are limited to
those in roman type. Moreover, the current form of the entry is such
that a person may confuse the proper shipping name with the whole
description and not the option of ``Battery-powered vehicle'' or
``Battery-powered equipment.'' Therefore, PHMSA revises the entry to
read ``Battery-powered vehicle or Battery-powered equipment.''
Column (5) Packing Group
    Section 172.101(f) describes column (5) of the HMT, which specifies
one or more packing groups--PG I, II, or III--assigned to certain
materials. A PG designation indicates the required level of packaging
according to the degree of danger presented by hazardous materials. PG
I indicates the greatest level of danger, PG II corresponds to a medium
level of danger, and PG III corresponds to a minor danger.
    In the NPRM, PHMSA proposed to remove the assignment of PG II as
indicated in column (5) for the entry ``UN3291, Regulated medical
waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical
waste, n.o.s. or Biomedical waste, n.o.s., or Medical Waste n.o.s.''
This entry is the only entry with a Division 6.2 classification that
has PG II assigned in column (5).
    HWI provided comments in support of harmonizing with international
standards by removing the assignment of PG II from column (5) of the
HMT for the ``UN 3291, Regulated medical waste, n.o.s.'' entry.
However, HWI notes that ``PG II'' is currently widely utilized as part
of the proper shipping description marking on regulated medical waste
containers, of which many of their members have a significant
inventory. HWI seeks confirmation that that packages with ``PG II''
printed on the package as part of the proper shipping description can
still be used permissively.
    PHMSA confirms that packages marked with ``PG II'' as part of the
proper shipping name can permissively be used if the package otherwise
complies with Sec. Sec.  172.303 and 172.304 marking requirements. HWI
further suggests PHMSA clarify that PG II containers are still required
to meet the packaging requirements in Sec.  173.197 and that the
removal of the packing group from the HMT does not negate authorized
packaging at the PG II performance level. PHMSA agrees that the PG II
performance level requirements for packaging used for regulated medical
waste in Sec.  173.197 would still apply; however, we do not believe
further clarification is necessary as we did not propose changes to the
packaging provisions. It is clear that Sec.  173.197 is assigned to
``UN3291'' material in the HMT for authorized non-bulk packagings, for
example, and that the packaging requirements in paragraph (b) required
UN standard packagings at the PG II performance level.
    Therefore, PHMSA is amending this entry to not include PG II in
column (5) of the HMT and to align with international regulations and
Sec.  172.101(f), which specifically states that Division 6.2 materials
are not assigned packing groups in the HMR. For packaging purposes, any
requirement for a specific packaging performance level is set out in
the applicable packaging authorizations of part 173. Instead of having
PG II indicated in Column (5), packaging provisions for these materials
would continue to be outlined in Sec.  173.197. PHMSA expects this
editorial change will maintain the current level of safety as no
packaging provisions are changing.
Column (6) Label Codes
    Section 172.101(g) describes column (6) of the HMT, which contains
label codes representing the hazard warning labels required for
specific hazardous materials in the HMT. In the HM-215O final rule,\19\
PHMSA added twelve HMT entries as part of a classification scheme for
articles containing hazardous materials not otherwise specified by name
(i.e., n.o.s. entries) in the HMR. The entries were inadvertently added
without label codes in column (6). PHMSA is correcting the entries here
by adding the appropriate label codes to the following:
---------------------------------------------------------------------------

    \19\ 85 FR 27810 (May 11, 2020).

 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 in contact with
water emits flammable gases, 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.
Column (7) Special Provisions
    Section 172.101(h) describes column (7) of the HMT, which assigns
special provisions for each HMT entry. Section 172.102 provides for the
meaning and requirements of the special provisions assigned to entries
in the HMT. The revisions to column (7) of certain entries in the HMT
are discussed below. Also, see Sec.  172.102 of the Section-by-Section
Review of Amendments below for a detailed discussion of the special
provision amendments addressed in this final rule.
Special Provisions 196 and 197
    PHMSA is adding new Special Provision 196 to the following HMT

entries to outline thermal stability testing requirements for their
transportation:

 UN0340, Nitrocellulose, dry or wetted with less than 25
percent water (or alcohol), by mass
 UN0341, Nitrocellulose, unmodified or plasticized with less
than 18 percent plasticizing substance, by mass
 UN0342, Nitrocellulose, wetted with not less than 25 percent
alcohol, by mass
 UN0343, Nitrocellulose, plasticized with not less than 18
percent plasticizing substance, by mass.

    PHMSA is assigning new Special Provision 197 to the following
entries in the HMT to outline thermal stability testing requirements
for their transportation:

 UN2555, Nitrocellulose with water with not less than 25
percent water, by mass
 UN2556, Nitrocellulose with alcohol with not less than 25
percent alcohol by mass, and with not more than 12.6 percent nitrogen,
by dry mass
 UN2557, Nitrocellulose, with not more than 12.6 percent
nitrogen, by dry mass mixture with or without plasticizer, with or
without pigment
 UN3380, Desensitized explosives, solid, n.o.s.

    PHMSA received an anonymous comment on the proposal to add Special
Provisions 196 and 197 for nitrocellulose products. These special
provisions are intended to ensure nitrocellulose products are tested to
verify they meet specific stability requirements to avoid the danger of
self-ignition during transportation. The commenter notes that the
special provisions state ``[t]he nitrocellulose must meet the criteria
of the Bergmann-Junk test or methyl violet paper test in the UN Manual
of Tests and Criteria, Appendix 10 (IBR, see Sec.  171.7 of this
subchapter).'' The commenter supports these revisions and believes they
will ensure that Class 1 and Class 4 nitrocellulose products are tested
to verify that the materials meet specific stability requirements to
avoid the danger of self-ignition during transportation.
    However, the anonymous commenter asserts that the stability of
nitrocellulose is highly dependent upon storage conditions, and such
testing at the time of manufacture does not necessarily guarantee
stability during transportation (i.e., transportation might happen a
significant time after manufacturing and testing has occurred).
Therefore, the commenter believes the text of Special Provisions 196
and 197 should additionally include a time criterion for testing
nitrocellulose products to indicate how recently the testing for
stability occurred. The commenter acknowledges that any time frame
identified would require a discretionary evaluation of risks by PHMSA.
However, even such discretionary decision-making would help ensure
nitrocellulose products that may have decreased stability since testing
are not put into transportation.
    PHMSA notes that in discussions at UN subcommittee meetings, the
Bergmann-Junk or methyl violet paper tests were compared to the normal
thermal stability test. The overall conclusion was that the Bergmann-
Junk or methyl violet paper tests did a better job in determining
whether remaining nitric acids had been properly washed away during
manufacture. If the acids are properly washed away during manufacture
(as verified by the testing) the materials are unlikely to destabilize
with time. PHMSA therefore understands that there should be low risk
for future breakdown due to excess acids over time such as during
storage. PHMSA further notes that the commenter's assumption that HMR
requirements should address the low risk of these nitrocellulose
products degrading over time is in tension with the HMR's approach
regarding other hazardous materials of similar classification. For
example, the current classification scheme in the HMR requires thermal
stability testing before explosives are approved for transportation,
but it does not explicitly require batch-specific testing every time a
new shipment is made. The HMR places the responsibility on the
manufacturer or offeror to ensure each batch is the same as the
formulation that was approved. This means manufacturer or offeror often
conducts a variety of tests on each batch for quality assurance
purposes. Similarly, the classification scheme in the HMR makes no
guarantees that materials approved for transportation can be stored for
extended periods of time in any possible condition before subsequent
transportation under their original approval. The HMR places
responsibility on the offeror to ensure that their material has not
decomposed or destabilized over time prior to transportation.
Additionally, the burden lies with the offeror to ensure that the
material does not need to be reclassified. Lastly, explosives that are
known to be unstable or no longer meet the acceptance criteria would be
considered forbidden explosives under Sec.  173.54. Therefore, PHMSA
does not agree with the commentor that a time frame is necessary for
the stability testing required by Special Provisions 196 and 197.
Special Provision 360
    PHMSA is assigning Special Provision 360 to the following HMT
entries:

 UN3481, Lithium ion batteries, contained in equipment or
packed with equipment including lithium ion polymer batteries
 UN3091, Lithium metal batteries, contained in equipment or
packed with equipment including lithium alloy batteries

    Special Provision 360 instructs that vehicles only powered by
lithium batteries must be assigned the identification number UN3171.
See SECTION 172.102 SPECIAL PROVISIONS for further discussion of
Special Provision 360.
Special Provision 387
    PHMSA is assigning Special Provision 387 to the HMT entry for
``UN2522, 2-Dimethylaminoethyl methacrylate.'' Special Provision 387
provides additional instructions for hazardous materials stabilized by
chemical or temperature controls to ensure a level of stabilization
prior to transportation sufficient to prevent the material from
dangerous polymerization. The rationale for this change is discussed
further below.
Portable Tank Special Provisions
    PHMSA is removing and reserving Special Provisions TP39 and T41 for
the PG II entry for ``UN2381, Dimethyl disulfide'' and the PG I entry
for ``UN3148, Water-reactive liquid, n.o.s.'' respectively, as the
transition period for continued use of certain portable tanks has
expired. In the HM-215L final rule,\20\ PHMSA added Special Provisions
TP39 and TP41 to provide more time for portable tank transporters to
transition their fleets in compliance with portable-tank specific
requirements in Special Provisions T4 and T9. Special Provision TP39
authorized continued use of portable tank requirements in Special
Provision T4 until December 31, 2018. Special Provision TP41 authorized
the continued use of portable tank instruction T9 until December 31,
2018. Since that date has passed, TP39 and TP41 are no longer
necessary.
---------------------------------------------------------------------------

    \20\ 78 FR 987 (Jan. 1, 2013).
---------------------------------------------------------------------------

Column (9) Quantity Limitations
    Section 172.101(j) explains the purpose of column (9) in the HMT.
Column (9) specifies quantity limitations for packages transported by

air and rail. Column (9) is divided into two columns: Column (9A)
provides quantity limits for passenger aircraft/rail; and column (9B)
provides quantity limits for cargo aircraft. The revisions only address
transportation by aircraft, as the UNMR did not contemplate any changes
to the limitations for transportation via rail.
    The ICAO Technical Instructions have added provisions allowing
``UN2216, Fish meal, stabilized or Fish scrap, stabilized'' to be
transported by aircraft when also meeting the provisions of ICAO
Special Provision A219. Consistent with the ICAO Technical
Instructions, PHMSA is amending Column 9 for this entry to indicate
quantity limits for passenger and cargo aircraft of 100 kg and 200 kg,
respectively.
    As a conforming amendment, PHMSA also revises the Sec.  173.218
packaging requirements for fish meal and fish scrap to reflect the
authorization to transport this material by aircraft in addition to
vessel. See SECTION 173.218 of the Section-by-Section Review of
Amendments for further detail.
Column (10) Vessel Stowage
    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.
    In Column (10A) for the entry for ``UN3135, Water-reactive solid,
self-heating, n.o.s., PG I,'' consistent with the IMDG Code, PHMSA is
amending the assigned stowage category from ``E'' to ``D.'' This
revision means the material must be stowed ``on deck only'' on a cargo
vessel or on a passenger vessel carrying a number of passengers limited
to the greater of 25 passengers total or one passenger for each 3
meters of overall vessel length; transport is prohibited on a passenger
vessel in which those passenger limits have been exceeded. Stowage
category ``E'' is currently assigned to this material which allows
``under deck'' storage. The IMDG Code previously only authorized this
material for transportation with the approval of the competent
authority through the application of Special Provision 76. The IMDG
Code has removed this special provision and the associated approval
requirement and provided all necessary transport provisions for this
commodity. This revision is consistent with the stowage category for
other Division 4.3, PG I, materials with subsidiary hazards that are
also assigned stowage category ``D'' for ``on deck only'' stowage and
the IMDG Code assigned stowage category. For the ``UN2900, Infectious
substances, affecting animals only'' and ``UN2814, Infectious
substances, affecting humans,'' PHMSA is amending the assigned stowage
category from ``B'' to ``E.'' This revision allows ``on deck'' or
``under deck'' stowage but does not allow stowage onboard when the
number of passengers exceeds 25. This revision aligns with the IMDG
Code assignment of this stowage category to these materials and is not
expected to materially change the nature of authorized transport
options for these materials.
    Additionally, consistent with revisions to the IMDG Code, PHMSA
makes numerous revisions to the special stowage and segregation
provisions indicated in column (10B) of the HMT, labeled ``other
provisions.'' PHMSA is assigning stowage code 52, which requires
stowage ``separated from'' acids, to several entries in the HMT that
are in a group of chemicals called alcoholates. Segregation from acids
is currently not required by the HMR for these materials. However,
alcoholates are strong alkaline substances that react vigorously with
acids. Stowage code 52 is assigned to the following HMT entries:

 UN1289, Sodium methylate solutions in alcohol
 UN1431, Sodium methylate
 UN3206, Alkali metal alcoholates, self-heating, corrosive,
n.o.s.
 UN3274, Alcoholates solution, n.o.s., in alcohol

    For the entries ``UN2900, Infectious substances, affecting animals
only'' and ``UN2814, Infectious substances, affecting humans,'' PHMSA
is adding stowage codes 13 and 95 and new stowage code 155. Stowage
codes 13 and 95 require keeping material as dry as reasonably
practicable and stowage ``separated from'' foodstuffs. The IMDG Code
has varying levels of stowage either ``away from'' or ``separated
from'' foodstuffs depending on the type of shipment (e.g.,
containerized or break-bulk). PHMSA is adding the more restrictive
``separated from,'' regardless of the type of shipment. The stowage of
these materials separated from foodstuffs is expected to prevent
inadvertent cross contamination of foodstuffs. New stowage code 155
requires vessel carriers to keep handling of the packages to a minimum
and to inform the appropriate public health authority or veterinary
authority where persons or animals may have been exposed to the package
contents. Additionally, this handling restriction and communication
requirement may facilitate reducing exposure and contract tracing
surrounding UN2814 packages that contain COVID-19 materials. Except for
the general ``separated from'' language, these revisions are consistent
with IMDG Code requirements.
    Additionally, for the PG III entry of ``UN3129, Water-reactive
liquid, corrosive, n.o.s.,'' and for the PG II and III entries for
``UN3132, Water-reactive solid, flammable, n.o.s.,'' and ``UN3135,
Water-reactive solid, self-heating, n.o.s.,'' which are all water
reactive Division 4.3 materials, PHMSA is adding stowage code 85 to
column (10B). Stowage code 85 requires ``under deck'' stowage in
mechanically ventilated spaces. This revision is intended to ensure
that if the cargo is stowed under deck, adequate mechanical ventilation
is provided. Mechanical ventilation is important to ensure any
potentially dangerous gases or vapors released are expelled from the
cargo hold and not allowed to build up below deck.
    PHMSA adds stowage code 156 to the lithium battery entries
``UN3090, Lithium metal batteries,'' ``UN3091, Lithium metal batteries
contained in equipment, or Lithium metal batteries packed with
equipment,'' ``UN3480, Lithium ion batteries,'' and ``UN3481, Lithium
ion batteries contained in equipment or Lithium ion batteries packed
with equipment'' in the HMT in column (10B). This new stowage code
assignment requires that, in lieu of the stowage category A assigned in
column (10A) in the current HMR which allows stowage ``on deck'' or
``under deck,'' lithium batteries that are offered in transportation
for purposes of disposal or recycling, or that are offered under
damaged, defective, or recalled provisions (see Sec.  173.185(f) of the
HMR), are required to be stowed in accordance with stowage category C
which requires ``on deck only'' stowage on cargo and passenger vessels.
PHMSA expects that this new stowage code will enhance the safety of
shipment of lithium batteries expected from anticipated increases in
use of lithium batteries in the transportation and other economic
sectors in the years ahead. PHMSA received a comment from MDTC in
support of this proposal.
    PHMSA adds stowage code 157 to column (10B) for numerous entries in
the HMT. Stowage code 157 requires aerosols, small receptacles
containing gas, or gas cartridges transported for

purposes of recycling or disposal, to be stowed in accordance with
stowage category C, which requires ``on deck only'' stowage, and be
clear of living quarters. This stowage code requirement is in lieu of
the stowage category A assigned in column (10A) in the current HMR
allowing ``on deck'' or ``under deck'' stowage. PHMSA adds new stowage
code 157 to the following entries in the HMT:

 UN1950, Aerosols, corrosive, Packing Group II or III, (each
not exceeding 1 L capacity)
 UN1950, Aerosols, flammable, (each not exceeding 1 L capacity)
 UN1950, Aerosols, flammable, n.o.s. (engine starting fluid)
(each not exceeding 1 L capacity)
 UN1950, Aerosols, non-flammable, (each not exceeding 1 L
capacity)
 UN1950, Aerosols, poison, Packing Group III (each not
exceeding 1 L capacity)
 UN2037, Gas cartridges, (flammable) without a release device,
non-refillable
 UN2037, Receptacles, small, containing gas or gas cartridges
(flammable) without release device, not refillable and not exceeding 1
L capacity
 UN2037, Receptacles, small, containing gas or gas cartridges
(non-flammable) without release device, not refillable and not
exceeding 1 L capacity
 UN2037, Receptacles, small, containing gas or gas cartridges
(oxidizing), without release device, not refillable and not exceeding 1
L capacity
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain various provisions including packaging requirements,
prohibitions, and exceptions applicable to particular quantities or
forms of hazardous materials. PHMSA is making the following revisions
to the special provisions in this section:
Special Provision 47
    Special Provision 47 allows mixtures of solids that are not subject
to the HMR and Class 3 flammable liquids to be transported as flammable
solid material described as ``UN3175, Solids containing flammable
liquid, n.o.s., 4.1,'' without applying the Division 4.1 classification
criteria. This classification is permitted provided that there is no
free liquid visible at the time the material is loaded or at the time
the packaging is closed. In addition to providing classification
testing relief for these items, this special provision provides further
relief from the HMR for packets and articles, generally referred to as
small inner packagings, if they contain less than 10 mL of a Class 3
liquid (in Packing Group II or III) and if the liquid is absorbed
(i.e., no free liquid in the packet or article) onto a solid material.
This special provision is widely used for articles such as alcohol
wipes, and due to the ongoing COVID-19 public health emergency, these
items are being transported in increasing numbers to meet demand. While
many of these wipes, depending on how they are packed, meet the
conditions of this special provision and qualify for exception from
regulation, confusion around the wording of the packaging conditions to
qualify for the exception has led to an editorial amendment in the ICAO
Technical Instructions.
    On December 31, 2020, in an addendum to the 2021-2022 edition of
the ICAO Technical Instructions, Special Provision A46 was amended to
remove a reference to ``small inner packaging'' related to the sealed
packets and articles. Prior to this amendment--and as currently
provided in the HMR in Special Provision 47--it reads that to be
excepted from the HMR, ``small inner packagings consisting of sealed
packets and articles containing less than 10 mL of a Class 3 liquid in
Packing Group II or III absorbed onto a solid material are not subject
to this subchapter provided there is no free liquid in the packet or
article.'' The phrasing is ambiguous enough that shippers may
misinterpret the language as instructing them to pack small inner
packagings with the sealed packets or articles. Instead, the intent of
``small inner packagings'' was to describe sealed packets and articles.
The amendment to Special Provision A46 in the ICAO Technical
Instructions is consistent with other provisions in the ICAO Technical
Instructions; for example, Special Provision A158 clearly states that
sealed packets and articles containing less than 10 mL of an
environmentally hazardous liquid are not subject to the requirements
when certain conditions are met. PHMSA agrees with the amendment made
in the ICAO Technical Instructions removing the reference to ``small
inner packagings'' to avoid confusion and makes the same revision in
Special Provision 47 to clarify the exception within the HMR. PHMSA
expects this clarification will facilitate the transport of hygienic
products intended to prevent the spread of COVID-19.
Special Provision 134
    Special Provision 134 provides instruction on the use of the HMT
entry ``UN3171, Battery-powered vehicle or Battery-powered equipment,''
stipulating that it applies only to vehicles or equipment powered by
wet batteries, sodium batteries, lithium metal batteries, or lithium
ion batteries that are transported with these batteries installed.
PHMSA amends language in Special Provision 134 to clarify its use in
connection with lithium batteries installed in cargo transport units.
Under this amendment, these items are described by a separate entry in
the HMT, specifically, ``UN3536, Lithium batteries installed in cargo
transport unit'' for which there are unique transportation requirements
that do not apply to transport of battery-powered vehicles or
equipment. PHMSA also amends the language in this special provision to
replace the phrase ``consigned under'' with the phrase ``described
using'' to provide a more easily-accessible, plain language
understanding of the requirement. These amendments will clarify the
requirements for packaging, marking, and transport of lithium batteries
and ensure safe transport.
Special Provision 135
    Special Provision 135 provides instruction for selecting the
appropriate proper shipping name for vehicles with internal combustion
engines powered by various fuel sources, such as a flammable gas,
flammable liquid, or fuel cell. PHMSA amends Special Provision 135 to
specify that lithium batteries installed in cargo transport units
(UN3536), which are designed only to provide power external to the
transport unit, may not be classified as an internal combustion engine
installed in a vehicle. PHMSA expects that adding this clarifying
language will avoid misclassifying lithium batteries in cargo transport
units. Additionally, consistent with revisions to Special Provision
134, PHMSA amends the language in this special provision to replace the
phrase ``consigned under'' with the phrase ``described using'' to the
entries to provide consistency across similar provisions and improve
understanding of the requirement.
Special Provision 136
    Special Provision 136 provides instructions regarding the use of
the HMT entry ``UN3363, Dangerous Goods in Apparatus or Dangerous Goods
in Machinery'' and indicates that this UN number and the associated
proper shipping names are only applicable to

machinery and apparatus containing hazardous materials as an integral
element of the machinery or apparatus. In light of the addition of
``Dangerous Goods in Articles'' to the list of acceptable proper
shipping names for UN3363 (see Sec.  172.101 of the Section-by-Section
Review of Amendments), PHMSA revises this special provision to add the
words ``articles'' where machinery and apparatus are mentioned. PHMSA
expects this revision to improve consistency across HMR provisions
where UN3363 is discussed, thus enhancing safety.
Special Provision 147
    Special Provision 147, assigned to UN3375, provides instruction on
the description and classification criteria for non-sensitized
emulsions, suspensions, and gels consisting mostly of ammonium nitrate
and fuel, intended to produce a Type E blasting explosive only after
further processing prior to use, which are transported as ``UN3375,
Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium
nitrate gel, intermediate for blasting explosives.'' Currently, the HMR
requires applicants to pass Test Series 8(a), (b), and (c) of the UN
Manual of Tests and Criteria, when requesting an approval for
transportation under UN3375. However, PHMSA is revising the last
sentence of Special Provision 147 by removing the specific requirement
to pass Tests 8(a), (b), and (c), so that eligible materials can pass
Test Series 8(e) in lieu of 8(c) of the UN Manual of Tests and
Criteria. Modifying Special Provision 147 will align with the
equivalent special provision in the UNMR (SP 309) which was amended
similarly. PHMSA makes this revision to reflect and allow for the
inclusion of an additional test in the Test Series 8 provided in the UN
Manual of Tests and Criteria. In the 7th revised edition UN Manual of
Tests and Criteria Test Series 8 was expanded to include Test 8(e) as
an alternative to 8(c). This change in testing was the result of
technical discussions and amendment proposals held during UNSCOE
meetings. At the 47th session of the United Nations Sub-Committee of
Experts on the Transport of Dangerous Goods, the EWG concluded that the
UN Test 8(c) may be unsuitable for some ammonium nitrate emulsions
which could lead to a false positive under certain conditions.\21\
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    \21\ https://unece.org/fileadmin/DAM/trans/doc/2018/dgac10c3/UN-SCETDG-53-INF22e.pdf.
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    PHMSA expects that removing this requirement to specifically pass
the 8(c) test and alternatively pass the 8(e) test will reduce the risk
of receiving a false positive result and consequently inaccurate
classification. It also allows shippers the ability to perform
additional classification testing as provided in the 7th revised
edition of the UN Manual of Tests and Criteria.
Special Provisions 196 and 197
    PHMSA is adding Special Provisions 196 and 197 pertaining to
transportation of nitrocellulose. These new special provisions require
that manufacturers of nitrocellulose products ensure that these Class 1
and Class 4 materials employ certain tests verifying that the materials
meet specific stability requirements to avoid the danger of self-
ignition. Those test methods determine whether a material is stable
when subjected to elevated temperatures in transportation, which is
critical to the safe transportation of materials such a nitrocellulose.
Special Provision 196 applies to nitrocellulose materials in Class 1
(UN0340, UN0341, UN0342, and UN0343), and specifically excepts those
materials from Type 3(c) thermal stability testing. Special Provision
197 is assigned to nitrocellulose materials in Class 4 (UN2555, UN2556,
UN2557, and UN3380).
Special Provision 360
    Special Provision 360 provides instruction to aid in proper
identification of a battery-powered vehicle that contains lithium
batteries. Currently, Special Provision 360 states that vehicles
powered solely by lithium batteries must be identified as ``UN3171,
Battery-powered vehicle or Battery-powered equipment.'' In the HM-215O
final rule, PHMSA added a new UN entry, ``UN3536, Lithium batteries
installed in cargo transport unit lithium ion batteries or lithium
metal batteries.'' PHMSA is revising Special Provision 360 to better
distinguish between the various types of equipment with lithium
batteries. The revised language specifies that lithium batteries that
are installed in cargo transport units which are designed only to
provide power external to the transport unit must be transported as
``UN3536, Lithium batteries installed in a cargo transport unit lithium
ion batteries or lithium metal batteries,'' making them subject to
packaging provisions and exceptions outlined in Special Provision 389.
The intent of this language is to clarify further that these batteries
should not be described and transported as ``UN3091, Lithium metal
batteries, contained in equipment including lithium alloy batteries''
or ``UN3481, Lithium ion batteries, contained in equipment including
lithium ion polymer batteries.''
    Furthermore, Special Provision 360 was originally assigned to the
HMT entry ``UN3091, Lithium batteries, contained in equipment,''
however, in final rule HM-224F,\22\ PHMSA adopted separate entries
based on the lithium battery chemistry, i.e., ``UN3091, Lithium metal
batteries, contained in equipment including lithium alloy batteries''
or ``UN3481, Lithium ion batteries, contained in equipment including
lithium ion polymer batteries.'' In doing so, PHMSA inadvertently did
not make a conforming revision to assign Special Provision 360 to these
separate descriptions in the HMT. Consistent with the revisions to
Special Provision 360 to clarify appropriate use of descriptions for
lithium battery equipment, PHMSA is assigning this special provision to
the two lithium battery descriptions for contained in equipment and
packed with equipment. Finally, PHMSA is also revising the text
``assigned to'' to read ``described using'' to improve understanding of
the special provision instruction. In response to this proposal in the
NPRM, COSTHA provided a comment in support of this revision.
---------------------------------------------------------------------------

    \22\ 79 FR 46012 (Aug. 16, 2014).
---------------------------------------------------------------------------

Special Provision 370
    Special Provision 370 is currently assigned to ``UN0222, Ammonium
nitrate, with more than 0.2 percent combustible substances, including
any organic substance calculated as carbon, to the exclusion of any
other added substance.'' The entry UN0222 (1.1D) is intended for
certain ammonium nitrates that are not a commercially manufactured
product and this entry is typically used to identify contaminated
ammonium nitrate or ammonium nitrate fertilizers that give a positive
result when tested in accordance with Test Series 2 of the UN Manual of
Tests and Criteria. However, Special Provision 370 currently states
that a hazardous material may also be classified as UN0222 even if it
has more that 0.2 percent combustible substances. PHMSA amends special
provision 370 to better clarify when the entry for UN0222 may be
applied. Clarifying this classification instruction is necessary to
ensure that more readily transported materials--such as ammonium
nitrate mixed with fuel oil (ANFO)--are not improperly transported as
UN0222, which should be reserved for special non-commercial purposes.
Given that inappropriately classified items pose an inherent safety
risk to emergency responders, PHMSA revises Special Provision 370 to
provide clarifying

language to ensure that certain ammonium nitrate materials (such as
ANFO) are not described and classified as ``UN0222, Ammonium nitrate.''
Specifically, the amendment to this special provision stipulates that
this UN entry should not be used when other applicable proper shipping
names exist.
Special Provision 379
    Special Provision 379 provides conditions for exception from full
regulation under the HMR for anhydrous ammonia adsorbed or absorbed on
a solid contained in ammonia dispensing systems or receptacles intended
to form part of such systems. Among these conditions, Special Provision
379 requires that receptacles containing adsorbed or absorbed ammonia
must be made of a material compatible with ammonia as specified in ISO
11114-1:2012(E), ``Gas cylinders--Compatibility of cylinder and valve
materials with gas contents--Part 1: Metallic materials.'' PHMSA
revises language in Special Provision 379 to add a reference to an
amendment to ISO standard 11114-1:2012(E), specifically, ISO 11114-
1:2012/Amd 1:2017(E) and correct the unintentional omission of the (E)
to indicate the English language edition. As part of ISO's regular
five-year review of its standards, the 2012 version of this document
was amended through the issuance of document ISO 11114-1:2012/Amd
1:2017(E). The amended ISO standard provides more explicit instructions
on the permissible concentrations of gases containing halogens in
aluminum cylinders. It also provides amended requirements for butylene,
hydrogen cyanide, hydrogen sulfide, and nitric oxide. Consequently, the
21st revised edition of the UNMR updated all references to the 2012
edition to include a reference to the amendment (ISO 11114-1:2012/Amd
1:2017(E)). PHMSA makes similar conforming revisions. See SECTION 171.7
Section-by-Section Review of Amendments discussion. In the course of
its review of the 2017 amendment for ISO standard 11114, PHMSA
determined that it enhances safety of transport and therefore, is
appropriate for inclusion as an updated condition for transport of
ammonia dispensing systems or receptacles intended to form part of such
systems.
Special Provision 430
    PHMSA adds Special Provision 430 and assigns it to the new HMT
entry ``UN3549, Medical Waste, Category A, Affecting Humans, solid or
Medical Waste, Category A, Affecting Animals only, solid'' discussed
above. As with other special provisions that provide instruction
pertaining to appropriate use of proper shipping names, PHMSA is adding
Special Provision 430 to stipulate that only solid medical waste of
Category A, which is being transported for disposal, may be described
using this entry. The intent of this added language is to simplify the
regulations and ensure proper classification of medical wastes to
ensure safe transportation.
Special Provision 441
    The UNMR and the IMDG Code contain an exception in their Special
Provision 274 pertaining to ``UN3077, Environmentally hazardous
substance, solid, n.o.s.'' and ``UN3082, Environmentally hazardous
substance, liquid, n.o.s.'' Special Provision 274 requires a proper
shipping name to be supplemented with a technical name, in the same
manner as the letter ``G'' is assigned in the HMT. When a ``G'' is
listed in Column (1) of the HMT in association with a particular entry,
the proper shipping name must be supplemented with a technical name.
For context, in both the UNMR and the HMT, when generic proper shipping
names are used--e.g., n.o.s. proper shipping names--a technical name
must be provided as part of the basic description to provide additional
information for hazard communication related to the material being
shipped. For example, the HMT entry ``UN1760, Corrosive liquid,
n.o.s.,'' provides a generic description of a corrosive liquid and,
therefore, marking and shipping papers requirements necessitate a
technical name pertaining to the corrosive liquid (e.g., octanoyl
chloride).
    The new exception in Special Provision 274 modifies the requirement
to supplement the proper shipping name with a technical name. The
revision, which is specifically for materials shipping under UN3077 or
UN3082, allows the use of a proper shipping name found on the Dangerous
Goods List (the IMDG Code and UNMR' equivalent of the HMT) to be used
in place of a technical name, provided that it does not: (1) include
``n.o.s.'' as part of the proper shipping name and; (2) is not an entry
assigned Special Provision 274. In practice, this means that items,
such as paint, that might be shipped as ``UN3082, Environmentally
hazardous substance n.o.s.,'' are no longer required to include a
supplemental technical name, and instead are permitted to include the
more readily-recognizable name of the commodity (paint) on markings and
shipping papers. For common commodities such as paint with various
chemical components, emergency responders rely less on determining the
specific chemical for performance of emergency response and respond to
the known hazards of the commodity. PHMSA expects streamlining the
hazardous material description requirements in this manner will help
facilitate appropriate emergency response without a reduction in
safety.
    While the UNMR broadly provided this relief for UN3077 and UN3082,
environmentally hazardous materials classified under these UN numbers
are applicable to a narrower scope of materials under the IMDG Code.
Under the IMDG Code, ``environmentally hazardous substances'' are those
that are pollutants specifically for aquatic environments (which is
equivalent to marine pollutants under the HMR) whereas the UNMR are
broadly applicable to aquatic and other environments.
    PHMSA is mirroring the expansion by the UNMR and IMDG Code's
Special Provision 274 of acceptable technical names for marine
pollutants transported under UN3077 and UN3082 by adding a new Special
Provision 441 to the HMR. This special provision provides the same
shipping description flexibility specifically for marine pollutants by
removing the requirement to supplement the proper shipping name
associated with UN3077 and UN3082 with a technical name. PHMSA is also
modifying Sec. Sec.  172.203(l) and 172.322 to maintain alignment with
the IMDG Code with regard to the documentation and marking requirements
when marine pollutant components are present in hazardous materials. In
addition to providing logistical benefits for shippers, PHMSA expects
that the use of readily recognizable common commodity names instead of
technical names will facilitate emergency response by making the
hazardous material more quickly and easily identifiable. See Sec. Sec.
172.203(l) and 172.322 of the Section-by-Section Review of Amendments
for additional discussions on revisions related to this amendment.
Special Provisions TP39 and TP41
    PHMSA is removing and reserving portable tank special provisions
TP39 and TP41. The sunset provisions in special provisions TP39 and
TP41 allowing use of other portable tank special provisions expired on
December 31, 2018, and thus, PHMSA removes them from the HMR to prevent
the use of these expired provisions. See Sec.  172.101 of the Section-
by-Section Review of Amendments for further

detail of the deletion of these portable tank special provisions from
the HMR.
Section 172.203
    Section 172.203 prescribes additional description requirements for
shipping papers. PHMSA is revising paragraphs (i)(2) and (l)(1) and
adding new paragraphs (i)(4) and (q). Each revision is further
described below, along with PHMSA's rationale for the revisions.
    In paragraph (i), which provides requirements specific to vessel
transportation, PHMSA is clarifying that the documentation of the
flashpoint on shipping papers, as required in paragraph (i)(2), is only
required for liquid hazardous materials that have a primary or
subsidiary hazard of Class 3 and a flashpoint of 60 [deg]C or below (in
[deg]C closed-cup (c.c.)). This revision aims to prevent the shipping
delays resulting from confusion on how this documentation requirement
applies to items for which flashpoint is not an appropriate
classification criterion (e.g., aerosols and flammable solids).
Furthermore, limiting the flashpoint information to a narrower subset
of hazardous materials ensures identifying information of the materials
in transport better aligns with the material properties of those
materials because flashpoint is a safety-relevant criterion only for
hazardous materials that are liquids with a main or subsidiary hazard
of Class 3. PHMSA does not expect any reduction in safety as a result
of this editorial revision given that this revision ensures that
information regarding the flashpoint is only provided for items in
which flashpoint is a safety-relevant criterion; avoidance of the
delays in transportation experienced in the past also reduces the risks
associated with that transportation. PHMSA received comments in
response to the NPRM from DGAC and Dow in support of this revision.
    PHMSA is also adding a new paragraph (i)(4), that requires
shipments of lithium batteries that are offered into transportation for
purposes of disposal or recycling or offered under the damaged or
defective provisions in Sec.  173.185(f), to indicate on shipping
papers one of the following disclaimers, as appropriate: ``DAMAGED/
DEFECTIVE,'' ``LITHIUM BATTERIES FOR DISPOSAL,'' or ``LITHIUM BATTERIES
FOR RECYCLING.'' This revision is consistent with revisions adopted in
the IMDG Code and associated with an additional revision to Sec.
176.84 of the HMR to require lithium batteries that are damaged or
defective--or those that are being transported for disposal or
recycling--to be stowed in accordance with stowage category C
requirements authorizing ``on deck only'' stowage instead of the
currently-authorized ``on deck'' or ``under deck'' options. This
additional shipping paper requirement helps communicate information
about the batteries to individuals making stowage plans for the vessel,
provide a mechanism for ensuring the ``on deck'' stowage of these
materials, and allow for more easily identifiable and effective
response actions in the event of a fire involving lithium batteries
onboard a vessel. PHMSA expects that these revised shipping
requirements will contribute to the safe transportation of increased
volumes of damaged/defective/recycled lithium batteries anticipated as
a result of the increased use of lithium batteries in the
transportation and other economic sectors. PHMSA received comments from
DGAC, Dow, and MDTC in support of this revision. For additional
information on this stowage requirement, see SECTION 176.84 of the
Section-by-Section Review of Amendments.
    In paragraph (l)(1), PHMSA is revising the scope of hazardous
materials for which a specific marine polluting component must be
identified in association with the basic description--i.e., the
combination of the UN number, proper shipping name, hazard class, and
packing group--on a shipping paper. Currently, Sec.  172.203(l)
specifies that, when the proper shipping name for a hazardous material
which is a marine pollutant does not identify the component that makes
the hazardous material a marine pollutant, the name of the marine
pollutant constituent must appear in parentheses within the basic
description. PHMSA revises paragraph (l)(1) to limit the scope of this
requirement to make it applicable only to generic HMT entries (as
indicated by the G in Column 1 on the HMT) as well as those that have
``n.o.s.'' as part of the proper shipping name. The intent of this
amendment is to extend the documentation and marking flexibility
provided by Special Provision 441 (which currently applies only to
environmentally hazardous substances (UN3077 and UN 3082)) and to other
hazardous materials that may contain components(s) that are marine
pollutants. For example, under the current HMR, if ``UN1263, Paint''
contains marine pollutants, the basic description required on shipping
papers and markings have to include the specific marine polluting
component(s) that are present in the paint, in addition to the words
``marine pollutant'' (e.g., ``UN1263, Paint, 3 (propyl acetate, di-n-
butyltin di-2-ethylhexanoate) MARINE POLLUTANT''). But under this
amendment, the basic description for ``UN1263, Paint'' no longer
require the addition of the ``marine pollutant'' language. Given that
emergency responders do not depend on the specific technical name
provided in association with the shipping description to effectively
respond to emergencies, PHMSA expects streamlining the description to
provide more readily recognizable and usable information that reflects
the hazardous materials involved may facilitate emergency response.
PHMSA received a comment from DGAC in support of this revision.
    Finally, PHMSA is adding a new paragraph (q) to this section to
require documentation of the holding time for refrigerated liquefied
gases transported in portable tanks. Holding time is the span of time,
as determined by testing, that elapses from the time of loading until
the pressure of the contents, under equilibrium conditions, reaches the
set point for the lowest pressure control valve or pressure relief
valve setting. PHMSA will require including the specific date when the
holding time ends on the shipping paper for refrigerated liquefied
gases transported in portable tanks. Knowing the holding time assists
in preventing unexpected venting while in transportation, which could
lead to exposure to a hazardous material release, and associated risks,
as well as the loss of product. Including this information on the
shipping paper aids in managing the transportation of refrigerated
liquefied gases to ensure the material arrives safely at its
destination without an unintended release of hazardous materials,
including those that are known GHGs (e.g., nitrous oxide). PHMSA
anticipates that establishing this requirement to provide this
information for portable tanks will improve safety and decrease climate
change impacts of international transport of refrigerated liquefied
gases in portable tanks. DGAC provided a comment in support of this
revision.
Section 172.301
    Section 172.301 prescribes general marking requirements for non-
bulk packagings. PHMSA is amending paragraph (a)(1) to clarify that the
exception permitting reduced size marking requirements are applicable
to packages with either 5 L or less capacity, or those with a 5
kilograms (kg) or less net mass. The current HMR text states that the
exception is applicable to packages with a maximum capacity of 5 kg or
5 L or less, rather than the maximum net mass, which is the more
appropriate measure for

packages containing solids. A person shipping a solid material may
unnecessarily apply the volume limitation when a net mass limit is
intended. This revision clarifies that packages for solid material may
have a maximum net mass of 5 kg or less. This editorial revision is
intended to reduce confusion over the application of the exception at
Sec.  172.301(a)(1) in that for solid materials, the quantity limit is
based on the net amount of solid material and not the capacity of the
packaging the material is placed in. This clarification is consistent
with similar provisions for solids (net mass) and liquids (capacity)
throughout the HMR. Ensuring the appropriate application of the reduced
size marking allowance provides consistency across persons using the
reduced-size marking and therefore, is expected to improve safety of
transport. PHMSA received a comment from DGAC in support of this
revision.
Section 172.315
    Section 172.315 prescribes the marking requirements for packages of
limited quantities. Currently, the HMR require that the limited
quantity mark be applied on at least one side or one end of the outer