Section 173.2a
    Section 173.2a outlines classification requirements for materials
having more than one hazard. PHMSA is proposing to amend paragraph (a)
to indicate the appropriate classification precedence for the new
``Articles'' HMT entries

proposed in this NPRM. This change will give guidance to offerors and
shippers using the new HMT entries numbers that do not conform to a
single hazard class.
Section 173.6
    Section 173.6 provides authorization for certain hazardous
materials meeting the definition of a material of trade (MOT) to be
transported by motor vehicle in conformance with this section and be
excepted from all other requirements of this subchapter if certain
quantity limitations, packaging provisions, and hazard communication
requirements are met. In two recent rulemakings [HM-218H; 81 FR 35483]
and [HM-215N; 82 FR 15795] PHMSA removed packing group assignments from
Column (5) of the HMT for all organic peroxides (Division 5.2), self-
reactive substances (Division 4.1), explosives (Class 1), and articles
containing hazardous materials. This removal of an indication of
packing group for these materials and articles has led to questions on
the ability of these materials and articles to utilize the MOTs
exceptions provided in Sec.  173.6. Further, in this NPRM the addition
of twelve new proper shipping names for articles is proposed. These
proposed new proper shipping names are also not assigned a packing
group. See ``Section 172.101 Hazardous Materials Table (HMT)'' for a
detailed discussion of this proposal.
    It was not the intention of these previous rulemakings or this NPRM
to exclude these materials and articles from the ability to utilize the
MOTs exceptions, provided the hazardous materials within the articles
comply with the existing quantity limitations and other transport
provisions of Sec.  173.6. In this NPRM, PHMSA proposes to add a new
paragraph (a)(7) to clarify that materials and articles for which
Column (5) of the Hazardous Materials Table in Sec.  172.101 does not
indicate a packing group are authorized to utilize the MOTs exceptions
as applicable, and indicate the appropriate quantity limits applicable
to those materials in articles. In addition, PHMSA proposes to revise
paragraph (b)(3) to clarify the securement requirement for the
transportation of articles under the MOTS exceptions.
    The packaging section 173.232 proposed in this NPRM for the new
proper shipping names for articles requires packaging at the Packing
Group II performance level. Non-specification packaging and
transportation unpackaged is also authorized.
    In addition, the two previous rulemakings removed packing groups
from all organic peroxides (Division 5.2), self-reactive substances
(Division 4.1), explosives (Class 1), and the specific articles
indicated in Table 4 below. All articles and materials for which a
packing group was recently removed from the HMT, the corresponding
section referenced in Column (8) of the Sec.  172.101 Table requires
either packaging meeting Packing Group II or III performance level
requirements or non-specification packaging is authorized. Thus, PHMSA
believes clarifying that materials and articles that are not assigned a
Packing Group in the HMT are eligible to utilize the MOTs exception,
and indicating that the appropriate quantity limit for these materials
and articles based on the PG II or PG III levels shown in Sec.
173.6(a)(1)(ii) or as shown in Sec.  173.6(a)(3) for articles
containing Division 4.3 materials is appropriate to remove any doubt
concerning MOTs applicability to these materials and articles.

                                 Table 4
------------------------------------------------------------------------
      Proper shipping name                UN No.          Class/division
------------------------------------------------------------------------
Ammunition, tear-producing, non-  UN2017                             6.1
 explosive, without burster or
 expelling charge, non-fuzed.
Ammunition, toxic, non-           UN2016                             6.1
 explosive, without burster or
 expelling charge, non-fuzed.
Batteries, containing sodium....  UN3292                             4.3
Lithium ion batteries including   UN3480                               9
 lithium ion polymer batteries.
Lithium ion batteries contained   UN3481                               9
 in equipment including lithium
 ion polymer batteries.
Lithium ion batteries packed      UN3481                               9
 with equipment including
 lithium ion polymer batteries.
Lithium metal batteries           UN3090                               9
 including lithium alloy
 batteries.
Lithium metal batteries           UN3091                               9
 contained in equipment
 including lithium alloy
 batteries.
Lithium metal batteries packed    UN3091                               9
 with equipment including
 lithium alloy batteries.
Mercury contained in              UN3506                               8
 manufactured articles.
Oxygen generator, chemical        UN3356                             5.1
 (including when contained in
 associated equipment, e.g.,
 passenger service units (PSUs),
 portable breathing equipment
 (PBE), etc)..
Safety devices, electrically      UN3268                               9
 initiated *.
Tear gas candles................  UN1700                             6.1
------------------------------------------------------------------------

Section 173.62
    Section 173.62 outlines specific packaging requirements for
explosives. In paragraph (c), in the Table of Packing Methods, Packing
Instruction US 1 containing packing instructions for jet perforating
guns, PHMSA is proposing to increase the maximum authorized amount of
explosive contents per tool pallet and cargo vessel compartment from
90.8 kg to 95 kg. These limits are consistent with a provision added to
Amendment 39-18 of the IMDG Code authorizing jet perforating guns to be
transported to or from offshore oil platforms, mobile offshore drilling
units, and other offshore installations in offshore well tool pallets,
cradles, or baskets. PHMSA notes that the amendments adopted in section
<IP_ADDRESS>.5 of Amendment 39-18 of the IMDG Code require both ends of jet
perforating guns to be protected by means of steel end caps. PHMSA is
not proposing to adopt this additional requirement for steel end caps
noting the safe transportation record of these explosive articles under
the existing requirements of the HMR.
Section 173.121
    Section 173.121 provides criteria for the assignment of packing
groups to Class 3 materials. Paragraph (b) provides criteria for
viscous flammable liquids of Class 3 (e.g., paints, enamels, lacquers,
and varnishes) to be placed in packing group III on the basis of their
viscosity, coupled with other criteria. Consistent with recent changes
to the IMDG Code, PHMSA is proposing to amend paragraph (b)(1)(iii) to
authorize a packaging capacity up to 450 L (119 gallons), an increase
from the presently authorized 30 L. A working paper submitted to the
IMO Sub-Committee on Carriage of Cargoes and Containers (CCC), noted
that both the UN Model Regulations and The European Agreements
Concerning the

International Carriage of Dangerous Goods by Road (ADR) and Rail (RID)
allow receptacles up to 450 L, and that due to the nature of viscous
materials (e.g. lower flow rate in the event of damage to a receptacle,
and lower levels of solvent vapors) which present a lower fire risk
than non-viscous flammable liquids there has been a history of safe
transport of these materials by road and rail since the introduction of
the provision. The working paper also explained that:

    Recognizing that global transport of dangerous goods is
inherently multi-modal, the harmonization of the IMDG Code with
other modes will aid trade and reduce incidents of non-compliance
due to misunderstandings. At the point of packing, the manufacturer
will not know which route (by road/rail/inland waterway or sea) the
package will take. This leads to the possibility of accidental
consignment by sea of packages between 30 and 450 litres.

    This proposed change would increase the allowed volume of viscous
liquids in a single package and would be applicable to all modes except
for air. Specifically, in this NPRM, PHMSA is proposing to increase the
packaging limits for viscous flammable liquids of packing group II
material that may be placed in packing group III. For transport by
vessel, PHMSA proposes an increase from 30 L to 450 L. For transport by
rail and highway, PHMSA proposes an increase from 100 L to 450 L.
Consistent with the ICAO Technical Instructions, the packaging quantity
limits to air will remain 30 L for passenger aircraft and 100 L for
cargo aircraft.
Section 173.124
    Section 173.124 contains definitions for Class 4, Divisions 4.1,
4.2, and 4.3. In this NPRM, PHMSA is proposing to amend paragraph
(a)(4)(iv) to extend the sunset dates for provisions concerning the
transportation of polymerizing substances from January 2, 2019, to
January 2, 2021. See the background section of this rulemaking for a
more detailed discussion on polymerizing substances.
Section 173.127
    Section 173.127 provides a definition and criteria for the
assignment of packing groups for Division 5.1 Oxidizers. A new Section
39 in the UN Manual of Tests and Criteria was introduced containing all
provisions for the classification of ammonium nitrate based
fertilizers. As a consequence of the new section, existing text in both
the Manual and the Model Regulations was amended or removed to avoid
duplicative provisions in both publications. In this NPRM, PHMSA is
proposing to revise the classification criteria for solid ammonium
nitrate based fertilizers by requiring that they are classified in
accordance with the procedures prescribed in the UN Manual of Tests and
Criteria, Part III, Section 39. These proposed changes are not intended
to result in changes to the current classification provisions for
ammonium nitrate fertilizers, but rather consolidate the provisions for
ease of use and prevent inadvertent misclassification.
Section 173.134
    Section 173.134 provides definitions and exceptions for infectious
substances. Consistent with the UN Model Regulations, PHMSA is
proposing to revise the definition for ``patient specimen'' in
paragraph (a)(4) by removing redundant references to humans and
animals.
Section 173.136
    Section 173.136 provides the definition for corrosive materials. In
the UN Model Regulations, the definition for corrosive materials was
revised to align with the current text in Chapter 3.2 of the UN GHS and
the Organization for Economic Cooperation and Development (OECD) Test
Guidelines for Testing of Chemicals. PHMSA is proposing to amend the
definition in paragraph (a) for a corrosive material by replacing the
text ``full thickness destruction'' with ``irreversible damage.''
Section 173.137 and Appendix I to Part 173
    Section 173.137 prescribes the requirements for assigning a packing
group to Class 8 materials. Currently the HMR require offerors to
classify Class 8 corrosive material and assign a packing group based on
test data. The HMR authorize a skin corrosion test and various in vitro
test methods that do not involve animal testing. However, data obtained
from either currently authorized test is generally the only data
acceptable for classification and assignment of a packing group. In
this NPRM, consistent with changes to the UN Model Regulations, PHMSA
proposes to include alternative packing group assignment methods for
making a corrosivity classification determination for mixtures that do
not involve testing. These proposed amendments include bridging
principles and a calculation method for the classification of mixtures.
    In a new paragraph (d), PHMSA proposes creating an alternative,
tiered approach to classification and packing group assignment
depending on how much information is available about the mixture
itself, similar mixtures, and/or the mixture's ingredients. When
sufficient data is available on similar mixtures to estimate skin
corrosion hazards for bridging, the bridging principle method may be
used to classify and assign a packing group. When no bridging data is
available, the more conservative calculation method may be used. This
tiered approach ensures an appropriate level of safety in situations
where reliable data may not be available. These alternatives for
classifying corrosive mixtures allow offerors the ability to make a
classification and packing group assignment without having to conduct
physical tests.
    Additionally, the new corrosivity classification methods are much
more closely aligned with those found in the UN GHS. However, not all
GHS corrosivity classification methods were incorporated in the new UN
Model Regulations corrosivity requirements. For example, the use of
extreme pH values to assign corrosivity were not addressed in the UN
Model Regulations, and as such are not proposed in this NPRM.
Consistent with the proposed change to the definition of a corrosive
material in Sec.  173.136, PHMSA is proposing to replace all instances
of the text ``full thickness destruction'' with ``irreversible
damage.'' PHMSA is also proposing to add a new appendix I to part 173,
containing a flow chart for use with the calculation method.
    Finally, PHMSA is proposing to update the four existing OECD
Guidelines currently incorporated by reference in this section to their
2015 versions (Test Nos. 404, 430, 431, and 435). OECD Guideline 404
and OECD Guideline 435 contain minor variations in the types of
information to be recorded as a part of the test report in relation to
the previously incorporated versions. OECD Guideline 430 and OECD
Guideline 431 were updated to include a reference to a developed
document on integrated approaches to testing and assessment. OECD
Guideline 431.
Section 173.159
    Section 173.159 prescribes requirements applicable to the
transportation of electric storage batteries containing electrolyte
acid or alkaline corrosive battery fluid (i.e., wet batteries).
Consistent with the UN Model Regulations, PHMSA is proposing several
editorial amendments in paragraphs (a) and (d) to specify that
electrically non-conductive packaging materials must be used and that
contact

with other electrically conductive materials must be prevented.
Section 173.185
    Section 173.185 prescribes requirements for lithium cells and
batteries. The introductory paragraph defines terms as used in this
section. In this NPRM, PHMSA is proposing to clarify in the
introduction that a single cell battery is considered a ``cell'' and
must be transported in accordance with the requirements for cells. In
Sec.  173.185(a), the HMR describe UN cell and battery design testing,
general cell and battery design safety requirements, and packaging
requirements. In this NPRM, PHMSA proposes to amend Sec.  173.185(a) to
include a lithium cell and battery test summary with a standardized set
of elements. Manufacturers and subsequent distributers of lithium cells
and batteries manufactured after June 30, 2003, must make this
information available to others in the supply chain. This action is
intended to provide subsequent distributors and consumers the
information necessary to ensure that lithium cells and batteries
offered and reoffered for transport meet the appropriate UN design
tests. This test summary is intended to provide a signal to users that
the battery is from a legitimate and compliant source, and allowing
those in the transport chain to more easily identify non-counterfeit
products. PHMSA, believes that potential ancillary benefits from this
proposed lithium battery test summary include; a reduction in shipments
of counterfeit cells and batteries, incremental safety gains in
transport and use due to an increase in the use of batteries that are
of a tested and approved type, and additional benefits received by
consumers from a higher quality battery (e.g., a higher capacity
factor, slower decay rate, longer life expectancy, better warranties,
more reliable customer service).
    PHMSA developed a guidance document to assist manufacturers and
distributors with understanding and implementing this requirement. The
guidance includes an explanation of the requirement, a sample test
summary, and questions and answers. A copy of this guidance is
available in the docket for this rulemaking. PHMSA requests comments on
the usefulness of the guidance material and comments to improve its
clarity and additional questions to add to the guidance.
    The HMR in Sec.  173.185(b) require lithium cells and batteries to
be packed in inner packagings in such a manner as to prevent short
circuits, including movement which could lead to short circuits. These
inner packagings must be placed in an outer package conforming to the
requirements of part 178, subparts L and M, at the Packing Group II
performance level. PHMSA proposes several amendments to Sec.
173.185(b) to update and clarify various provisions. PHMSA proposes to
amend Sec.  173.185(b)(2)(ii) to specify that lithium cells and
batteries including lithium cells or batteries packed with, or
contained in, equipment, must be packaged in a manner that prevents
damage caused by movement or placement within the package. The current
text requires lithium batteries to be packaged in a manner to prevent
movement. This could be interpreted as to require no movement within
the package. This proposed amendment would minimize ambiguity in the
current requirements and only prohibit movement that leads to damage
within the package.
    Further, PHMSA proposes to amend Sec.  173.185(b)(3)(i) to specify
that inner packagings must be separated from electrically conductive
materials. This proposed change is based on revisions to the UN Model
Regulations that revised the existing requirement that inner packagings
separate lithium cells and batteries from conductive materials to
require separation from ``electrically conductive'' materials. PHMSA
proposes to amend Sec.  173.185(b)(6) to clarify the provisions for the
use of large packagings. Currently, large packagings are authorized for
the transport of a single battery including a battery contained in
equipment. This amendment would clarify that large packagings are
limited to a single battery or to a single item of equipment. This
acknowledges that a single item of equipment may contain one or more
batteries. Finally consistent with revisions to the ICAO Technical
Instructions, PHMSA proposes to add a new paragraph (b)(7) to prohibit
the placement of lithium batteries in the same outer packaging as
substances and articles of the following classes and divisions: Class 1
(explosives) other than Division 1.4S; Division 2.1 (flammable gases);
Class 3 (flammable liquids); Division 4.1 (flammable solids); or
Division 5.1 (oxidizers) when offered for transport or transported by
aircraft. PHMSA is proposing this action to promote consistency with
the ICAO Technical Instructions and in response to a recommendation (A-
16-001) from the National Transportation Safety Board (NTSB) stemming
from the investigation of the July 28, 2011, in-flight fire and crash
of Asiana Airlines Flight 991 that resulted in the loss of the aircraft
and crew. The investigation report cited as a contributing factor the
flammable materials and lithium ion batteries that were loaded together
either in the same or adjacent pallets. Logically, if the materials are
not allowed to be stowed in the same or adjacent pallets, segregation
within the same package also would result in decreased risk in the
event of a fire.
    From our experience with public comments on this issue related to
ICAO and the UN, PHMSA understands it is not common industry practice
nor a desired option for U.S. shippers to pack lithium batteries with
other hazardous materials in the same outer package. There appears to
be limited U.S. market interest in this type of packing configuration.
Therefore. PHMSA expects codifying this provision to have negligible
negative implications to U.S. shippers while leveling the playing field
by applying the provision to non-US originating shipments imported into
the U.S.
    Section 173.185(c) of the HMR describes provisions for the carriage
of up to eight small lithium cells or two small lithium batteries per
package with alternative hazard communication that replaces the Class 9
label with a lithium battery mark. Additional conditions for the
transport of small lithium cells and batteries by air are contained in
Sec.  173.185(c)(4). In this NPRM, PHMSA proposes several amendments to
Sec.  173.185(c)(2), (c)(3), and (c)(4) to align the HMR with the UN
Model Regulations and the ICAO Technical Instructions, address the
hazards associated with placing lithium batteries next to other
hazardous materials, and clarify specific provisions. PHMSA proposes to
amend Sec.  173.185(c)(2) to except equipment that is robust enough to
protect lithium batteries from damage or short circuit from the
requirement to be packaged. The current regulations provide an
exception from the requirement for the package to be rigid, but
otherwise requires the equipment to be placed into a package. This
proposed amendment would remove an unnecessary requirement to package
otherwise robust equipment that protect lithium batteries from damage
or short circuits. This proposal further aligns the HMR with the UN
Model Regulations provisions found in special provision 188 for
packaging of lithium cells batteries and equipment. PHMSA proposes to
add a new Sec.  173.185(c)(3)(iii) to require that when packages of
lithium cells or batteries required to bear the lithium battery mark
are placed in an overpack, the lithium battery mark must either (1) be
clearly visible through the overpack; or

(2) the lithium battery mark must also be affixed on the outside of the
overpack, and the overpack must be marked with the word ``OVERPACK'' in
lettering at least 12 mm (0.47 inches) high. PHMSA proposes to amend
Sec.  173.185(c)(4)(ii) to adopt an ``OVERPACK'' marking minimum size
requirement consistent with the proposed requirement for surface
transport in Sec.  173.185(c)(3)(iii). PHMSA proposes to clarify the
limits for spare batteries in Sec.  173.185(c)(4)(iv) to state that up
to ``two spare sets'' of cells or batteries can be placed in a package
with equipment. For the purposes of this paragraph, a spare set is
equal to the number of individual spare cells or batteries required to
power each piece of equipment. For example, if a single item of
equipment requires two lithium batteries to operate, a maximum of four
additional batteries (two spare sets) may be placed in the package
provided the package continues to meet the other conditions of Sec.
173.185(c). PHMSA proposes to add a new Sec.  173.185(c)(4)(v) to
specify that for air transport, lithium cells and batteries may not be
placed in the same package as other hazardous materials. Further,
packages containing small lithium cells and batteries must not be
placed into an overpack with packages containing Class 1 (explosives)
other than Division 1.4S, Division 2.1 (flammable gases), Class 3
(flammable liquids), Division 4.1 (flammable solids) or Division 5.1
(oxidizers). Each of the remaining sub-paragraphs in Sec.
173.185(c)(4) would be renumbered and remain unchanged. PHMSA is
proposing this action to promote consistency with the ICAO Technical
Instructions and in response to a recommendation (A-16-001) from the
National Transportation Safety Board (NTSB) stemming from the
investigation of the July 28, 2011, in-flight fire and crash of Asiana
Airlines Flight 991 that resulted in the loss of the aircraft and crew.
The investigation report cited as a contributing factor the flammable
materials and lithium ion batteries that were loaded together either in
the same or adjacent pallets. Logically, if the materials are not
allowed to be stowed in the same or adjacent pallets, segregation
within the same package also would result in decreased risk in the
event of a fire.
    Section 173.185(d) of the HMR describes provisions for the
transport of lithium cells and batteries for disposal or recycling. In
this NPRM, PHMSA proposes to authorize the use of certain rigid large
packagings to transport a single large battery or a single large item
of equipment. This will provide additional packaging options to
transport large batteries and equipment that by nature of their size or
shape cannot fit into a non-bulk package. The UN Model Regulations do
not include large packagings as an option for lithium batteries shipped
for disposal or recycling. Nevertheless, PHMSA expects that large
batteries and equipment would potentially require large packagings.
Like the authorizations for the use of large packagings elsewhere in
Sec.  173.185, PHMSA would authorize the use of a large packaging for a
single large battery or a single item of equipment containing
batteries. PHMSA proposes to separate the existing Sec.  173.185(d)
into separate subparagraphs (d)(1) and (2) to accommodate these
amendments.
    Section 173.185(e) of the HMR describes provisions for the
transport of low production and prototype lithium cells and batteries
including equipment. In this NPRM, PHMSA proposes an editorial
amendment to the Sec.  173.185(e) introductory paragraph to clarify
that the ``transported for purposes of testing'' condition applies to
prototype cells and batteries and that both low production and
prototype lithium cells and batteries may be contained in equipment.
PHMSA also proposes an editorial amendment to paragraphs (e)(1) and (2)
to specify that cushioning material must be electrically non-conductive
instead of the existing ``non-conductive'' requirement. In addition,
PHMSA proposes a new paragraph (e)(4) to authorize the use of certain
rigid large packagings to transport a single large battery or a single
large item of equipment. This will provide additional packaging options
to transport large batteries and equipment that by nature of their size
or shape cannot fit into a non-bulk package. Each of the remaining sub-
paragraphs in Sec.  173.185(e) would be renumbered and remain
unchanged.
    Section 173.185(f) of the HMR describes provisions for the
transport of lithium batteries that have been damaged or identified by
the manufacturer as being defective for safety reasons, and that have
the potential of producing a dangerous evolution of heat, fire, or
short circuit (e.g., those being returned to the manufacturer for
safety reasons). PHMSA proposes an editorial amendment to Sec.
173.185(f)(2) to specify that cushioning material must be electrically
non-conductive, which would harmonize the HMR with the international
standards. PHMSA also proposes to amend Sec.  173.185(f)(3) to clarify
the provisions for the use of large packagings. Currently, large
packagings are authorized for the transport of a single battery
including a battery contained in equipment. This amendment would
clarify that large packagings are limited to a single battery and to a
single item of equipment. This acknowledges that a single item of
equipment may contain one or more batteries.
Section 173.218
    Section 173.218 contains packaging requirements for shipments of
stabilized fish meal and fish scrap. Stabilization of fish meal and
fish scrap by applying antioxidants is required in order to offer the
material under a Class 9 stabilized proper shipping name. Historically,
the IMDG Code and the HMR only reference one antioxidant--ethoxyquin--
by name although other antioxidants exist. In response to testing
performed by the International Fishmeal and Fish Oil Organization
(IFFO) \5\ that indicated that of concentrations of 50 ppm (mg/kg) of
ethoxyquin, 100 ppm (mg/kg) of butylated hydroxytoluene (BHT), and 250
ppm (mg/kg) of tocopherol-based antioxidant are effective in
stabilizing fish meal, the UN and the IMO adopted allowances for the
use of two additional antioxidants (butylated hydroxytoluene and
tocopherols) and a reduction in the required ethoxyquin concentration
at time of shipment from 100 ppm to 50 ppm.
---------------------------------------------------------------------------

    \5\ https://www.unece.org/fileadmin/DAM/trans/doc/2016/dgac10c3/ST-SGAC.10-C.3-2016-82e.pdf.
---------------------------------------------------------------------------

    In this NPRM, PHMSA is proposing to amend paragraph (c) of this
section to lower the required ethoxyquin level at the time of shipment
in bulk in freight containers for transportation by vessel from 100 ppm
to 50 ppm and to specify acceptable levels of for butylated
hydroxytoluene (100 ppm) and for tocopherols (250 ppm) in shipments of
fish meal or fish scrap transported by vessel in bulk in freight
containers. Reducing the required minimum concentration of ethoxyquin
and permitting the use of additional antioxidants would potentially
reduce cost, add flexibility while maintaining an equivalent level of
safety.
Section 173.220
    Section 173.220 prescribes transportation requirements and
exceptions for internal combustion engines, vehicles, machinery
containing internal combustion engines, battery-powered equipment or
machinery, and fuel cell-powered equipment or machinery.
    Special provision 135 is assigned to the HMT entries for certain
vehicles. It specifies that if a vehicle is powered by

both a flammable liquid and a flammable gas internal combustion engine,
it must be consigned under the entry ``Vehicle, flammable gas
powered.'' Special provision 135 does not, however, clearly indicate
that a flammable gas powered vehicle must also comply with the
requirements applicable to the quantity of flammable liquid in the fuel
tank in addition to all of the applicable provisions for flammable gas-
powered vehicle. Consistent with the ICAO Technical Instructions, PHMSA
proposes to clarify in a new paragraph (b)(2)(ii)(C) that if a vehicle
is powered by a flammable liquid and a flammable gas internal
combustion engine, the flammable liquid fuel tank requirements of
paragraphs (b)(1) of this section must also be met.
    In this NPRM, PHMSA is proposing to make an editorial amendment to
the requirements for vehicles powered by lithium batteries in paragraph
(d). Specifically, we are clarifying that when a lithium battery is
removed from the vehicle and is packed separately from the vehicle in
the same outer packaging, the package must be classified as ``UN 3481,
Lithium ion batteries packed with equipment'' or ``UN 3091, Lithium
batteries packed with equipment,'' and is not eligible for
classification as ``UN3171, Battery-powered vehicle or Battery-powered
equipment.'' This clarification is a result of a working paper
submitted at the 26th Meeting of the ICAO Dangerous Goods Panel (ICAO
DGP/26) concerning the carriage of battery powered vehicles such as
``e-bikes'' and it addresses instances where a shipper removes the
lithium battery from the battery powered vehicle and subsequently packs
the battery in a separate packaging which is then placed with the
vehicle in the same outer packaging. Although this was the result of an
amendment to the ICAO Technical Instructions, we believe that it
provides clarification of a preexisting requirement for all modes of
transport.
Section 173.222
    Section 173.222 specifies the requirements for dangerous goods in
machinery or apparatus. During the course of reviewing provisions
associated with the new HMT entries for ``Articles containing hazardous
materials, n.o.s.,'' PHMSA found that the quantity limits prescribed in
Sec.  173.222 are inconsistent with certain international standards.
The current authorized quantity of hazardous materials in one item of
machinery or apparatus are as follows: 1 kg for solids; 0.5 L for
liquids, and 0.5 kg for Division 2.2 gases. These quantity limits are
consistent with the ICAO Technical Instructions; however, they are not
aligned with the UN Model Regulations or the IMDG Code. Special
provision 301 of the UN Model Regulations and the IMDG Code authorize
up to the limited quantity amount for each item of dangerous goods
contained in the machinery or apparatus.
    In a previous final rule published on March 5, 1999 [Docket No.
RSPA-98-4185 (HM-215C); 64 FR 10741] PHMSA's predecessor agency, the
Research and Special Projects Administration (RSPA), aligned the HMR
with the ICAO Technical Instructions by adding ``Dangerous goods in
machinery or Dangerous goods in apparatus'' to the HMT. The proper
shipping name was assigned identification number ``NA8001,'' special
provision 136 was added for directions on class assignment, and Sec.
173.222 was added containing requirements applicable to the new entry.
In the HM-215C rulemaking, RSPA stated that upon the assignment of a UN
identification number, it would revise the entry accordingly [81 FR
53935]. This was accomplished in the 11th revised edition of the UN
Model Regulations, in which identification number UN3363 and Class 9
were assigned to this entry. The ICAO Technical Instructions were
amended to be consistent with the UN Model Regulations. Subsequently,
the HMR was updated accordingly in a final rule published on June 21,
2001 [Docket No. RSPA-2000-7702 (HM-215D); 66 FR 33315]. While the HMR
were amended to incorporate the identification number and Class 9
designation, the quantity limit was not amended to allow up to the
limited quantity amount authorized by the UN Model Regulations;
therefore, the ICAO quantity limits were retained for all modes of
transport.
    In the 20th Revised Edition of UN Model Regulations and Amendment
39-18 of IMDG Code, the new ``Articles containing hazardous materials,
n.o.s.'' entries apply to articles which contain only hazardous
materials that exceed the permitted limited quantity amount for UN3363.
The ICAO addressed the difference between the quantity authorized in
the Technical Instructions and both the UN Model Regulations and the
IMDG Code by amending ICAO special provision A107. The revised special
provision A107 indicates that where the quantity of dangerous goods
contained as an integral element in machinery or apparatus exceeds the
limits permitted by ICAO Technical Instructions Packing Instruction 962
(same as the existing HMR authorization), and the dangerous goods meet
the provisions of Special Provision 301 of the UN Model Regulations,
the machinery or apparatus may be transported as UN3363 only with the
prior approval of the appropriate authority of the State of Origin and
the State of the Operator under the written conditions established by
those authorities.
    In order to more closely align with the UN Model Regulations and
IMDG Code, for other than air transportation, PHMSA is proposing to
increase the quantity limits for liquids and solids in paragraph (c) up
to the limited quantity amount prescribed in the corresponding section
of Part 173 referenced in Column (8A) of the Sec.  172.101 Table.
Without this amendment, the HMR would differ from the UN Model
Regulations and IMDG Code for application of the new ``Articles,
n.o.s.'' entries, and an approach used by the ICAO Technical
Instructions would be necessary for all modes. The authorized quantity
for gases would remain unchanged for all modes of transport.
Section 173.224
    Section 173.224 establishes packaging and control and emergency
temperatures for self-reactive materials. The Self-Reactive Materials
Table in paragraph (b)(7) of this section specifies self-reactive
materials authorized for transportation without first being approved
for transportation by the Associate Administrator for Hazardous
Materials Safety, as well as requirements for transporting these
materials. In paragraph (b)(7), PHMSA proposes to add a new entry
``Phosphorothioic acid, O-[(cyanophenyl methylene) azanyl] O,O-diethyl
ester'' to the Self-Reactive Materials Table. In addition, a new ``Note
5'' assigned to this entry would be added to the list following the
table.
    Paragraph (c) of this section prescribes requirements for new self-
reactive materials, formulations, and samples. In paragraph (c)(4),
PHMSA proposes to authorize small samples of certain potentially
explosive or self-reactive substances when transported for testing
purposes. These substances usually consist of organic molecules which
are active ingredients, building blocks, or intermediates for
pharmaceutical or agricultural chemicals. The molecules of the
substances often carry functional groups listed in tables A6.1 and/or
A6.2 in Annex 6 (Screening Procedures) of the UN Manual of Tests and
Criteria, that would indicate explosive or self-reactive properties;
however, these substances are not designed to be explosives of Class 1.
This amendment is necessary

because during the early development phase of a new product, complete
test data is often unavailable but the substances must be transported
for further testing. The provisions proposed in paragraph (c)(4)
prescribe applicability criteria and packaging conditions for these
substances to be transported as samples for the purpose of testing.
These criteria and packaging conditions are based on submissions to the
UNSCOE on the Transport of Dangerous Goods showing the effectiveness of
the packaging method proposed in this NPRM.
    Consistent with the UN Model Regulations, PHMSA is proposing to
revise paragraph (b)(4) to authorize the transportation of self-
reactive substances packed in accordance with packing method OP8 (non-
bulk packaging authorization) where transport in IBCs or portable tanks
is permitted in accordance with Sec.  173.225, provided that the
control and emergency temperatures specified in the instructions are
complied with. This proposed change allows materials that are
authorized in bulk packagings to also be transported in appropriate
non-bulk packagings.
Section 173.225
    Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. The UN Model Regulations continually
update their Organic Peroxide Table based on data submitted by
governments and industry groups with consultative status to account for
new peroxides and formulations that have become commercially available.
Consistent with revisions to the UN Model Regulations, PHMSA proposes
to revise the Organic Peroxide Table in paragraph (c) by adding the
entries: ``Di-(4-tert-butylcyclohexyl)peroxydicarbonate [as a paste],''
``Diisobutyryl peroxide [as a stable dispersion in water],'' and ``1-
Phenylethyl hydroperoxide.'' We propose to revise the Organic Peroxide
IBC Table in paragraph (e) to maintain alignment with the UN Model
Regulations by adding new entries for ``Cumyl peroxyneodecanoate, not
more than 52%, stable dispersion, in water,'' ``2,5-Dimethyl-2,5-
di(tert-butylperoxy)hexane, not more than 52% in diluent type A,''
``3,6,9-Triethyl-3,6,9-trimethyl-,4,7-triperoxonane not more than 27%
diluent type A,'' and ``tert-Amyl peroxy-2-ethylhexanoate, not more
than 62% in a diluent type A'' and by adding a type 31HA1 IBC
authorization to the existing entry for ``tert-Butyl hydroperoxide, not
more than 72% with water.''
    In addition, consistent with the UN Model Regulations, PHMSA is
proposing that organic peroxides may also be transported packed in
accordance with packing method OP8 where transport in IBCs or portable
tanks is permitted, provided that the control and emergency
temperatures specified in the instructions are complied with.
Section 173.232
    New section 173.232 prescribes requirements for articles not
otherwise specified by name in the HMR that contain hazardous materials
of various hazard classes and divisions. This proposal addresses
situations in which hazardous materials or hazardous materials residues
are present in articles in quantities greater than the amounts
authorized for dangerous goods in machinery or apparatus. This proposal
authorizes a safe method to transport articles that may be too large to
fit into typical packages. Absent these provisions to package and
transport these materials safely, these articles may be offered for
transport under provisions that do not adequately account for the
physical and chemical properties of the substances and may require the
issuance of an approval by PHMSA's Associate Administrator for
Hazardous Materials Safety. PHMSA believes this will be especially
beneficial to new articles coming to market as they would no longer
require an approval or an amendment to the Hazardous Materials Table to
authorize transport.
Section 173.301b
    Section 173.301b describes additional requirements when shipping
gases in UN pressure receptacles. In paragraph (c)(1), PHMSA is
proposing to incorporate ISO 17871:2015 containing specification and
type testing requirements for quick release cylinder valves. In
paragraph (d)(1), PHMSA is phasing out ISO 13340:2001, Transportable
gas cylinders--Cylinder valves for non-refillables cylinders--
Specification and prototype testing, which can be utilized until
December 31, 2020. ISO 13340:2001 is being phased out because the
applicable valve standard in ISO 13340:2001 has been incorporated into
ISO 11118:2015.
Section 173.304b
    Section 173.304b contains additional requirements for shipment of
liquefied compressed gases in UN pressure receptacles. In this NPRM,
consistent with a change made by in the 20th Revised Edition of the UN
Model Regulations, PHMSA is proposing to amend paragraph (b)(5) by
replacing ``liquid phase'' with ``liquefied gas'' and ``compressed''
with ``compressed gas'' to better describe the phases of the material
being stored and to align with the UN language.
Section 173.422
    Section 173.422 contains additional requirements for excepted
packages containing Class 7 (radioactive) materials. Shipments of
excepted packages containing Class 7 materials are not required to meet
the general shipping paper requirements found in the HMR. Amendments
39-18 of the IMDG Code adopted a requirement that vessels carrying
these excepted packages include information concerning these packages
(e.g., UN ID Number and location on board the vessel) on the Dangerous
Cargo Manifest (DCM). Historically, the HMR has not required any
documentation to accompany shipments of excepted packages containing
radioactive material when offered for transportation by vessel. In this
NPRM, PHMSA proposes to amend the DCM requirements in Sec.  173.60 to
require information about these shipments to be included in the DCM
carried aboard the vessel. Without a corresponding amendment to Sec.
173.422 to require the information to be provided to the vessel
operator, the vessel operator would not have the information available
that would be required to be included on the DCM.
    In this NPRM, PHMSA proposes to add a new paragraph (f) that would
require excepted packages of radioactive materials offered for
transportation by vessel to have a special transport document such as a
bill of lading, air waybill, or other similar document that includes
the UN identification number for the material being offered, the name
and address of the consignor and consignee, and a container packing
certificate, in accordance with the requirements in Sec.  176.27. This
proposed amendment provides for the conveyance of necessary information
to the vessel operator for creation of the DCM.

Part 174

Section 174.50
    Section 174.50 prescribes regulations for the movement of
nonconforming or leaking packages by rail. Under the HMR, no person may
offer for transportation or transport a bulk hazmat packaging
(typically a tank car) by rail unless that packaging is marked,
represented, maintained, reconditioned, repaired, and retested in
accordance with the HMR (Sec.  171.2(g)). However, Sec.  174.50
authorizes the movement of a

non-conforming bulk hazmat package moved by rail when: (1) The movement
is necessary to reduce or eliminate an immediate threat or harm to
human health or the environment; or (2) the movement is approved by the
Federal Railroad Administration's (FRA's) Associate Administrator for
Railroad Safety.
    Approvals issued by FRA's Associate Administrator for Railroad
Safety are commonly referred to as One-Time Movement Approvals
(OTMAs).\6\ Transport Canada issues similar approvals for the movement
of non-conforming bulk hazmat packages and tank cars, which are
referred to as Temporary Certificates. Historically, for movements of
non-conforming tank cars from Canada to or through the United States,
the offeror would have to obtain both an OTMA from FRA and a Temporary
Certificate from Transport Canada. These applications initiate
administrative processes and safety reviews by both governments that
nearly always result in the same conclusion. Since the safety analysis
used to evaluate Temporary Certificates in Canada is similar to the
safety analysis used to evaluate OTMAs by FRA, the requirement to
obtain two government approvals for a cross border movement provides no
additional safety benefit and is redundant and burdensome. Thus, to
facilitate cross border trade, for movements to or through the United
States from Canada, PHMSA proposes to amend the regulation to recognize
Temporary Certificates issued by Transport Canada. This amendment would
reduce the duplicative requirement to apply for both an OTMA from the
United States and a Temporary Certificate from Canada, should the non-
conforming package need to be transported over the United States-
Canadian border.
---------------------------------------------------------------------------

    \6\ On October 7, 2014 FRA issued guidance on One-Time Movement
Approvals titled One-Time Movement Approval Procedures, HMG-127.
---------------------------------------------------------------------------

    On July 12, 2007, Transport Canada published, ``Regulations
Amending the Transportation of Dangerous Goods Regulations
(International Harmonization Update, 2016).'' In this publication,
Transport Canada indicated that recognition of OTMA may be included in
a future amendment. This amendment aims to facilitate international
transportation and at the same time ensures the safety of people,
property, and the environment. Finally, for low-risk movements of non-
conforming tank cars, Transport Canada authorizes the one-time movement
without the need to obtain a temporary certificate (see TP-14877). For
clarification, such movements under the TDG Regulations are already
authorized by Sec.  171.12, provided the movements are compliant with
all applicable requirements in the TDG Regulations and Sec.  171.12.

Part 175

Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. Consistent with revisions to the ICAO Technical Instructions,
in this NPRM, PHMSA is proposing several revisions to this section.
    PHMSA proposes to revise paragraph (a)(2) to account for lighters
powered by lithium batteries (e.g., laser plasma lighters, tesla coil
lighters, flux lighters, arc lighters, and double arc lighters). The
assigned provisions would be consistent with a combination of the
existing requirements applicable to portable electronic devices powered
by lithium batteries and battery powered portable electronic smoking
devices. Specifically, each lithium battery must be of a type which
meets the requirements of each test in the UN Manual of Tests and
Criteria, Part III, Subsection 38.3 and must not exceed the size limits
authorized for portable electronic devices. Recharging of the devices
and/or the batteries on board the aircraft is not permitted consistent
with the requirements for portable electronic smoking devices. In
addition, lithium battery powered lighters without a safety cap or
means of protection against unintentional activation are prohibited in
carry-on baggage, checked baggage, and as when carried on one's person.
    PHMSA proposes to revise paragraph (a)(3), to authorize medical
devices containing radioactive material fitted externally as the result
of medical treatment, consistent with the ICAO Technical Instructions.
In addition, the reference to implanted medical devices containing
lithium batteries would be removed. For medical devices containing
lithium batteries (including those implanted, externally fitted, or
carried by passengers or crew members) the quantity limits provided in
(a)(18)(i) or (ii) apply, as applicable.
    PHMSA proposes to revise paragraph (a)(14) for consistency with the
ICAO Technical Instructions and other paragraphs in this section. The
first sentence is revised to clarify that the paragraph is applicable
to battery powered heat-producing devices rather than ``electrically
powered'' articles. For lithium battery powered devices, quantity
limits would be added in new paragraphs (i) and (ii) consistent with
the existing requirements applicable to portable electronic devices
powered by lithium batteries and battery powered portable electronic
smoking devices. The requirements for spare batteries would be revised
to reference the provisions for spare batteries in paragraph (a)(18).
    PHMSA proposes to revise paragraph (a)(15) by adding a new
paragraph (vi) to separate and clarify the handling requirements
applicable to each ``non-spillable'' and ``dry sealed'' batteries both
presently prescribed in paragraph (v). PHMSA also proposes to add a new
paragraph (vii) to authorize passengers with restricted mobility to
carry a spare non-spillable or dry sealed battery for their mobility
aid. Presently, spare lithium batteries are permitted for passengers
with lithium battery-powered mobility aids; this was deemed acceptable
for mobility aids equipped with non-spillable or dry sealed batteries.
    PHMSA proposes to amend provisions for carriage of wheelchairs or
other mobility aids equipped with a lithium ion battery by removing the
requirement that ``collapsible'' mobility aids necessitate removal of
the battery. The intent of the existing requirement was to allow the
removal of the batteries from lightweight collapsible mobility aids
when these do not afford any protection to the batteries. However, the
existing text in both the HMR and ICAO Technical Instructions can be
construed to mean that if the battery was designed to be removable from
the mobility aid, that it must be removed in all circumstances, even
when adequate protection to the batteries is provided. In cases when
the batteries are adequately protected, it is preferable that they
remain installed in the mobility aid; however, there may be situations
when that is not possible or safe to do so and in these cases the
batteries must be removed. Therefore, in this NPRM, PHMSA is proposing
to amend (a)(17)(v) by removing the word ``collapsible'' and clarifying
that when the wheelchair or mobility aid does not provide adequate
protection to the battery, that the battery must be removed and handled
in accordance with the existing conditions prescribed in (a)(17)(v)(A)
through (E).
    PHMSA proposes to amend the provisions for carriage of personal
electronic devices (PEDs) containing lithium batteries to address
safety concerns related to recent security restrictions requiring
passengers to carry personal electronic devices in checked baggage.
Consistent with the ICAO

Technical Instructions, Sec.  175.10(a)(18) would be revised to require
that when portable electronic devices powered by lithium batteries are
in checked baggage, they must be completely powered off and protected
to prevent unintentional activation or damage.
    PHMSA proposes to revise the carriage requirements for battery-
powered portable electronic smoking devices in paragraph (a)(19). The
2015-2016 Edition of the ICAO Technical Instructions incorporated
provisions prohibiting passengers and crew from carrying such devices
in checked baggage or recharging them in the cabin, and requiring that
any spare batteries be protected from short circuit. In a working paper
submitted by the United States at ICAO DGP/26 meeting, it was reported
that even after the prohibition, ten incidents involving these devices
were documented between May 2015 and May 2017. As described in the
working paper, seven of the incidents occurred inside a passenger
aircraft and three occurred inside an airport. These incidents
typically involved the electronic smoking device while it was being
transported in carry-on baggage, with the suspected cause of the
majority of these incidents being the accidental activation of the
device. Specifically, in this NPRM, PHMSA is proposing to align the HMR
with the ICAO Technical Instructions by requiring passengers or crew to
take effective measures for preventing accidental activation of the
heating element of the device when transporting such devices in carry-
on baggage on board passenger aircraft. Examples of effective measures
include, but are not limited to: Removing the battery from the
electronic smoking device; separating the battery from the heating
coil; placing the electronic smoking device into a protective case;
using a protective cover, safety latch, or locking device on the
electronic smoking device's heating coil activation button; and
electronics or technology in the device designed to prevent accidental
activation, such as those requiring the electronic smoking device to be
powered on before the heating coil button can be activated. In most
electronic smoking devices, the battery can either be easily removed or
easily separated from the heating element.
    PHMSA proposes to add a new paragraph (a)(26) that would amend the
passenger provisions for carriage of baggage equipped with lithium
batteries (e.g., smart baggage) intended to power features designed to
make travel easier, such as location tracking, PED battery charging,
short range wireless connections, digital weighing, or motors. To
address concerns that passengers would check baggage containing lithium
batteries (e.g., power banks) despite existing requirements that
articles whose primary purpose is to provide power to another device be
carried as spare batteries in the cabin as carry-on baggage, the ICAO
Technical Instructions were amended to require that passengers remove
lithium batteries from baggage they intend to check, in accordance with
the provisions for spare batteries. Specifically, baggage equipped with
a lithium battery or batteries would be required to be carried as
carry-on baggage, unless the battery or batteries are removed from the
baggage. Once the battery or batteries are removed from baggage
intended to be checked, the battery or batteries must be carried in the
cabin in accordance with the provisions for spare batteries prescribed
in paragraph (a)(18). This restriction in checked baggage would not
apply to baggage containing lithium metal batteries with a lithium
content not exceeding 0.3 grams, or lithium ion batteries with a Watt-
hour rating not exceeding 2.7 Wh.
Section 175.33
    Section 175.33 establishes requirements for shipping papers and for
the notification of the pilot-in-command when hazardous materials are
transported by aircraft. In paragraph (a)(11), applicable to ``UN 1845,
Carbon dioxide, solid (dry ice),'' PHMSA proposes that the text
``hold'' be replaced with the word ``cargo compartment.'' This would be
consistent with use of the term ``compartment'' in other areas of the
HMR and ICAO Technical Instructions. Consistent with revisions to the
ICAO Technical Instructions, in paragraph (a)(13)(i), PHMSA proposes to
include the airport at which the lithium batteries will be unloaded on
the information to the pilot-in-command when a summary is used for
lithium batteries. Including the airport at which the batteries will be
unloaded is consistent with the authorization to use a summary instead
of the default information to the pilot in command for ``UN 1845,
Carbon dioxide, solid (dry ice).''
Section 175.78
    Section 175.78 prescribes the stowage compatibility of hazardous
materials offered for transportation by aircraft. Consistent with
international standards, in a March 30, 2017, final rule [HM-215N; 82
FR 15795], PHMSA added new Class 3 HMT entry ``UN 3528,'' applicable to
the fuel contained in engines and machinery powered by Class 3
flammable liquids. In accordance with the segregation requirements
prescribed in this section, engines and machinery classified under the
new UN 3528 entry in Class 3 are required to be segregated from
dangerous goods with a primary or subsidiary hazard of Division 5.1.
Prior to the addition of the UN 3528 HMT entry, such engines and
machinery were classed in Class 9 and therefore not required to be
segregated from Division 5.1 materials. The packing requirements by air
for UN 3528 require engines to be drained and the tank caps fitted
securely. These precautions ensure that there is only a negligible
amount of residual fuel remaining. There is no indication that, as
prepared for transport, UN 3528 poses any more hazard now that would
require these items to be segregated than when these items were
previously identified as a Class 9. Therefore, in this NPRM, PHMSA is
proposing to add an exception from the segregation requirement by
adding a ``Note 3'' to the paragraph (b) Segregation Table and adding a
new paragraph (c)(8) stating that materials consigned under UN 3528
need not be segregated from packages containing hazardous materials in
Division 5.1.
    Consistent with the ICAO Technical Instructions, PHMSA is proposing
to require that packages and overpacks containing lithium cells and
batteries that bear the Class 9 label must not be stowed on an aircraft
next to, in contact with, or in a position that would allow interaction
with, packages or overpacks containing other hazardous materials in
Class 1 (other than Division 1.4S), Division 2.1, Class 3, Division 4.1
and Division 5.1. Specifically, the current paragraph (b) would be
reformatted into two paragraphs. A new paragraph (b)(2) would be added
to prescribe the segregation requirements applicable to lithium cells
and batteries. The existing Segregation Table would be revised by
adding the necessary columns and rows representing hazard classes not
presently in the Table. These changes to the Table would indicate that
hazardous materials in the classes described above must be segregated
from packages and overpacks containing lithium cells or batteries
prepared in accordance with Sec.  173.185(b)(3) and (c)(4)(vi). PHMSA
is proposing this action to promote consistency with the ICAO Technical
Instructions and in response to a recommendation (A-16-001) from the
National Transportation Safety Board (NTSB) stemming from the
investigation of the July 28, 2011, in-flight fire and crash of Asiana
Airlines Flight 991 that resulted in the loss of the aircraft and

crew. The investigation report cited as a contributing factor the
flammable materials and lithium ion batteries that were loaded together
either in the same or adjacent pallets.

Part 176

Section 176.30
    Section 176.30 prescribes requirements for DCM's, lists, or stowage
plans required to be carried aboard vessels transporting hazardous
materials. In this NPRM, PHMSA is proposing to add a new paragraph
(a)(9) to require that DCMs include information on shipments of
excepted packages containing Class 7 materials. For shipments of
excepted packages containing Class 7 material only the UN
identification number, the name and address of the consignor and the
consignee, and the stowage location of the hazardous material on board
the vessel would be required to be entered on the DCM, list, or stowage
plan carried aboard the vessel.
Section 176.84
    Section 176.84 prescribes the meanings and requirements for
numbered or alphanumeric stowage provisions for vessel shipments listed
in column (10B) of the Sec.  172.101 HMT. The provisions in Sec.
176.84 are broken down into general stowage provisions, which are
defined in the ``table of provisions'' in paragraph (b), and the
stowage provisions applicable to vessel shipments of Class 1
explosives, which are defined in the table in paragraph (c)(2). In a
previous final rule [Docket No. PHMSA-2015-0273 (HM-215N); 82 FR
15796], a subsidiary hazard of 6.1 was added to the UN 2977 and UN 2978
uranium hexafluoride entries, and the primary hazard for UN 3507,
Uranium hexafluoride, radioactive material, excepted package was
changed from 8 to 6.1. Consequential amendment to the stowage and
segregation requirements codes for these materials were not addressed
at the time of these changes in the IMDG Code or the HMR. In this NPRM,
we propose to create new stowage provisions that clarify what
segregation requirements apply to shipments of uranium hexafluoride.
    PHMSA proposes to create a new stowage provision 151 and assign it
to the UN 2977 and UN 2978 uranium hexafluoride entries. This new
stowage provision will require segregation for Class 7 materials to
apply to uranium hexafluoride shipped under these two UN numbers.
    Additionally, consistent with Amendment 39-18 of the IMDG Code,
PHMSA proposes to create a new stowage provision 152 and assign it to
UN 3507, Uranium hexafluoride, radioactive material, excepted package.
This proposed new stowage provision requires segregation as for Class
8, but excepts segregation in relation to Class 7 materials. This
exception to the general segregation requirements between Class 8 and
Class 7 materials allows shipments of excepted packages of uranium
hexafluoride to be stowed in close proximity to shipments of fully
regulated uranium hexafluoride.
    Based on changes to the IMDG Code to address the appropriate
segregation requirements for shipments of uranium hexafluoride, PHMSA
proposes to create a new stowage provision 153 and assign it to the UN
2977 and UN 2978 uranium hexafluoride HMT entries. This proposed new
stowage provision requires these materials to be stowed ``separated
longitudinally by an intervening complete compartment or hold from''
Divisions 1.1, 1.2, and 1.5.
    Based on changes to the IMDG Code to provide additional flexibility
in the stowage requirements for jet perforating guns, PHMSA proposes to
create a new stowage provision 154 and assign it to the NA 0123, NA
0494, UN 0494, and UN 0124 jet perforating gun HMT entries. This
proposed new stowage provision indicates that, notwithstanding the
stowage category assigned to the entries in the HMT, jet perforating
guns may be stowed in accordance with the provisions of packing
instruction US 1 in Sec.  173.62. These jet perforating guns are
currently assigned to stowage categories ``02'' and ``04.'' Both
stowage categories require stowage in closed cargo transport units. The
inclusion of new stowage provision 154 clarifies that regardless of the
stowage category assigned, jet perforating guns offered in accordance
with US 1 in Sec.  173.62 are not required to be offered for transport
or transported in closed cargo transport units.

Part 178

Section 178.71
    Section 178.71 prescribes specifications for UN pressure
receptacles. Consistent with the UN Model Regulations, PHMSA proposes
to amend paragraphs (d)(2), (i), (j), and (q)(12), to reflect the
adoption of the latest ISO standards for the design, construction, and
testing of gas cylinders and their associated service equipment. In
paragraph (d)(2), PHMSA is proposing to phase out ISO 13340:2001, which
is authorized for valves manufactured until December 31, 2020, and to
incorporate by reference ISO 14246:2014 (E) ``Gas cylinders--Cylinder
valves--Manufacturing tests and examination'', which addresses initial
inspection and testing requirements for valves. ISO 13340:2001 is being
phased out because the applicable valve has been incorporated into ISO
11118:2015. In paragraph (f), PHMSA is proposing to amend the title of
the paragraph to include pressure drums and to add ISO 21172-1:2015(E),
``Gas cylinders--Welded steel pressure drums up to 3 000 litres
capacity for the transport of gases--Design and construction--Part 1:
Capacities up to 1 000 litres'' in new paragraph (f)(4). A note was
added to the UN Mode Regulations that authorizes welded steel gas
pressure drums with dished ends convex to pressure to be used for the
transport of corrosive substances provided all applicable additional
requirements are met, irrespective of section <IP_ADDRESS> of this standard
which prohibits such use. Therefore, PHMSA is proposing the same
deviation from the ISO standard in (p).
    In addition, in paragraph (i), PHMSA is proposing to phase out ISO
11118:1999 ``Gas Cylinders for Non-refillable Metallic Gas Cylinders,''
which is authorized until December 31, 2022, and to replace it with new
standard, ISO 11118:2015. In paragraph (j), PHMSA is proposing to phase
out ISO 111120:1999, ``Gas Cylinders for Refillable Seamless Steel
Tubes,'' which is authorized until December 31, 2022, and to replace it
with ISO 111120:2015. In paragraph (q)(12), PHMSA is incorporating ISO/
TR 11364, ``Gas cylinders--Compilation of national and international
valve stem/gas cylinder neck threads and their identification and
marking system'' to specify a harmonized identification code and
marking system for both cylinders and valves.
Section 178.75
    Section 178.75 prescribes specifications for MEGCs. In paragraph
(d)(3)(v), PHMSA is proposing to phase out ISO 11120:1999, which is
authorized for construction and testing of receptacles of MEGCs until
December 31, 2020, and to authorize the new, updated standard ISO
11120:2015. Changes to the new edition of this standard include the
addition of an annex outlining typical chemistry groupings for seamless
steel tubes, the addition of nickel chromium molybdenum steel, the
modification of ultrasonic examination provisions, and revisions to the
provisions for the design of tubes for embrittling gases.

Section 178.601
    Section 178.601 prescribes the general requirements for test
procedures for non-bulk packagings and packages. A test report must be
prepared and made available to a user of a packaging or a DOT
representative upon request. In this NPRM, PHMSA is proposing to
require in paragraph (l)(2)(viii) that the test report for plastic
packagings that are subject to the hydraulic pressure test must include
the temperature of the water used for the test. Tests with different
water temperatures applied to one design type can produce different
test results (pass or fail). This action is consistent with amendments
to the UN Model Regulations.
Section 178.801
    Section 178.801 prescribes the general requirements for test
procedures of an IBC containing a hazardous material. A test report for
an IBC must be prepared and made available to a user of a packaging or
a DOT representative upon request. In this NPRM, PHMSA is proposing to
require in paragraph (l)(2)(viii) that the test report for rigid
plastics and composite IBCs that are subject to the hydraulic pressure
test must include the temperature of the water used for the test. Tests
with different water temperatures applied to one design type can
produce different test results (pass or fail). The inclusion of the
temperature of the water used for the test will allow for tests that
more accurately simulate the original design type testing when such
additional testing is performed.
Section 178.810
    Section 178.810 prescribes the requirements for an IBC drop test.
In paragraph (c)(1), PHMSA proposes to clarify that the same IBC or a
different IBC of the same design type may be utilized for the required
drop tests.

Part 180

Section 180.207
    Section 180.207 prescribes requirements for requalification of UN
pressure receptacles. In March 2017, PHMSA published a final rule under
Docket HM-215N [82 FR 15796 (March 30, 2017)]. In this rule, PHMSA
amended the HMR to expand recognition of cylinders and pressure
receptacles, cargo tank repair facilities, and certificates of
equivalency in accordance with the Transport Canada TDG Regulations.
The goal of these amendments is to promote flexibility and permit the
use of advanced technology for the requalification and use of pressure
receptacles, to provide for a broader selection of authorized pressure
receptacles, reduce the need for special permits, and to facilitate
cross-border transportation of these cylinders. In the HMR in Sec.
171.12 (a)(4) permit the transportation of a cylinder authorized by
Transport Canada TDG Regulations to, from, or within the United States.
In HM-215N, PHMSA amended (a)(4)(ii) to authorize the use of Canadian
manufactured cylinders. Specifically, PHMSA authorized the
transportation of CTC, CRC, BTC, and TC cylinders that have a
corresponding DOT specification cylinder prescribed in the HMR. HM-215N
did not remove or amend existing requirements for DOT specification
cylinders; rather, PHMSA is providing that a shipper may use either a
DOT specification cylinder or a TC cylinder, as appropriate.
    In this NPRM, PHMSA proposes to clarify the amendments in HM-215N
and allow for the requalification of ``CAN'' marked UN cylinders in the
United States. Cylinders marked with the letters ``CAN'' for Canada as
a country of manufacture or a country of approval may be requalified in
the United States, provided the requirements in Sec. Sec.  178.69,
178.70, and 178.71, as applicable, are met. This amendment aims to
facilitate international transportation, while ensuring the safety of
people, property, and the environment
    Consistent with changes to the UN Model Regulations, PHMSA proposes
to revise paragraph (d)(1) to incorporate ISO 16148:2016, which
addresses the requalification of seamless steel cylinders and tubes.
This proposed addition will allow the internal inspection and hydraulic
pressure test for seamless steel ISO cylinders and tubes to be replaced
by non-destructive testing methods identified in ISO 16148:2018.
Additionally, in paragraph (d)(4), PHMSA is proposing to phase out ISO
11623:2002, which is authorized for inspection and testing of composite
UN cylinders until December 31, 2020, and authorizing the new standard,
ISO 11623:2015. Finally, PHMSA proposes adding new paragraph (d)(6) to
incorporate inspection and maintenance requirements for cylinder valves
preformed during requalification, as found in ISO 22434:2006
``Transportable gas cylinders--Inspection and maintenance of cylinder
valves.'' Changes to the revised standard include; up-to-date
terminology particularly for the various types of composite cylinders,
up-to-date normative references for steel and aluminum-alloy liner
materials, and an update of some photographs to provide sharper
examples of damage.

VII. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This proposed rule is published under the statutory authority of
Federal hazardous materials transportation law (49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce. This proposed rule would amend regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements. To
this end, the proposed rule amends the HMR to more fully align with the
biennial updates of the UN Model Regulations, the IMDG Code, and the
ICAO Technical Instructions.
    The following external agencies were consulted in the development
of this rule:
     Federal Aviation Administration;
     Federal Motor Carrier Safety Administration;
     Federal Railroad Administration; and
     U.S. Coast Guard.
    Section 49 U.S.C. 5120(b) of Federal hazmat law authorizes the
Secretary to ensure that, to the extent practicable, regulations
governing the transportation of hazardous materials in commerce are
consistent with standards adopted by international authorities. This
rule proposes to amend the HMR to maintain alignment with international
standards by incorporating various amendments to facilitate the
transport of hazardous material in international commerce. To this end,
as discussed in detail above, PHMSA proposes to incorporate changes
into the HMR based on the 20th Revised Edition of the UN Model
Regulations, Amendment 39-18 to the IMDG Code \7\, and the 2019-2020
Edition of the ICAO Technical Instructions, which become effective
January 1, 2019. The large volume of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible.
---------------------------------------------------------------------------

    \7\ Amendment 39-18 to the IMDG Code may be voluntarily applied
on January 1, 2019; however, the previous amendment remains
effective through December 31, 2019.

---------------------------------------------------------------------------

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

    This notice is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 (``Regulatory Planning and
Review'') and, therefore, was not reviewed by the Office of Management
and Budget. This notice is not considered a significant rule under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034).
Cost-Reducing Aspects of Harmonization
    General Harmonization Benefit: Given current available information,
PHMSA has developed an estimate of the avoided compliance costs of
harmonization, and discusses and requests comment on additional
benefits.
    To estimate the benefits to affected industries from avoided
compliance costs, PHMSA relies on a benefit-transfer value of the
hazard communication cost savings utilized in previous PHMSA
international harmonization rulemakings \8\, based on an Occupational
Safety and Health Administration (OSHA) study. The original rulemaking
harmonized U.S. regulations with international standards so that
industry did not have to adhere to two separate hazard communication
systems.\9\ This value--$0.001 per dollar of hazardous materials
output--is based on OSHA's estimate of the costs for industry to comply
with the revised Hazard Communication Standard \10\ and an estimate of
the value of hazardous material in trade. The savings then accrue to
all exporters, who would otherwise incur theses costs of hazard
communication.
---------------------------------------------------------------------------

    \8\ PHMSA's harmonization rulemakings, HM-215M: Hazardous
Materials: Harmonization with International Standards (RRR), Final
Rule, 80 FR 1075, January 8, 2015 and HM-215N: Hazardous Materials:
Harmonization with International Standards (RRR), 82 FR 15796, March
30, 2017
    \9\ Department of Transportation, Pipeline and Hazardous
Materials Safety Administration. Hazardous Materials: Harmonization
with International Standards (RRR), Final Rule, 78FR 987, January 7,
2013; p. 1023.
    \10\ OSHA's estimate relied on comparing the costs of complying
with the revised Hazard Communication Standard to the overall output
of hazardous materials. The study measured four cost elements:
revisions to labels and safety data sheets, additional training,
additional management activities, and printing of color packaging.
PHSMA determined that only the first three cost elements were
relevant for harmonization purposes, and estimated the value of
these costs as a fraction of the total value of hazardous materials
produced in the United States to determine the $0.001 per dollar of
hazardous materials output.
---------------------------------------------------------------------------

    Using this estimate of the avoided hazard communication costs,
PHMSA estimated the potential benefits to exporters of harmonizing the
HMR with international standards. PHMSA relied on the 2012 Bureau of
Economic Analysis' (BEA) International Accounts Products for Detailed
Goods Trade Data to value industry imports and exports.\11\
---------------------------------------------------------------------------

    \11\ Bureau of Economic Analysis, U.S. Department of Commerce,
U.S. Trade in Goods (IDS-0008), available at: http://www.bea.gov/international/detailed_trade_data.htm.
---------------------------------------------------------------------------

    PHSMA updated our estimate of value of hazardous materials involved
in international trade by using U.S. trade in goods seasonally
adjusted, Census-based total gross imports, and gross exports in the
fuels and lubricants, chemicals, and medicinal/dental/pharmaceutical
products industries for the 2016, the most recent year available.
     Gross imports: $343.431 billion.
    [cir] Fuels and lubricants: $162.077 billion.
    [cir] Chemicals: $69.655 billion.
    [cir] Medicinal/dental/pharmaceutical products: $111.700 billion.
     Gross exports: $269.518 billion.
    [cir] Fuels and lubricants: $112.462 billion.
    [cir] Chemicals: $103.779 billion.
    [cir] Medicinal/dental/pharmaceutical products: $53.277 billion.
     Gross imports plus gross exports: $612.949 billion.
    For estimating benefits of this topic, according to the 2012 CFS,
commodities worth $13,852,143 million were transported in the U.S. in
2012, of which $2,334,425 million worth were hazardous (or 16.9
percent).\12\ However, the 16.9 percent proportion (of total shipment
values classed as hazardous materials) estimated may have had a high-
side bias due to the variety of different classes of products
classified as hazardous. The percentage of shipments properly
classified as hazardous is likely lower, particularly for medicinal/
dental/pharmaceuticals (for this analysis PHSMA assume 10 percent).
---------------------------------------------------------------------------

    \12\ U.S. Department of Transportation & U.S. Department of
Commerce (2015). Hazardous Materials 2012 Economic Census,
Transportation, 2012 Commodity Flow Survey, available at: https://www.census.gov/econ/cfs/2012/ec12tcf-us-hm.pdf [see Table 1a].
---------------------------------------------------------------------------

    Multiplying this $613 billion (rounded) figure by 10 percent (the
estimated proportion of annual trade in these three industries that are
hazardous products) by the average hazard communication cost per dollar
of hazardous materials produced in the United States ($0.001) results
in an estimate of benefits of $61.2 million (rounded) annually. Over
the ten-year analysis period from 2019 to 2028, this equates to a net
present value of $431 million to $522 million, using a 7 percent and 3
percent discount rate, respectively.
    Because it is difficult to directly compare the scope and nature of
changes made in the OSHA rule with those made by PHMSA in each HM-215
rulemaking series, the estimates developed should be considered
illustrative of very rough and highly uncertain impacts of general
harmonization, Given the high degree of uncertainty in these estimates,
due to the inability of PHMSA to align provisions in this rule, and
their potential impacts, with the OSHA rule we use to draw our estimate
from, we do not consider these quantified cost savings, averted costs,
or benefits. PHMSA requests comments on the general harmonization
benefit methodology utilized as well as any qualitative or quantitative
information that our stakeholders can provide on the impact of general
harmonization to their operations.
    Corrosivity Classification: Current regulations require shippers to
classify Class 8 materials to a packing group based on animal test data
or to utilize authorized in vitro test methods. However, these
regulations require that data obtained from the testing qualify as the
only acceptable data for the classification and assignment to a packing
group. The proposed addition of Sec.  173.137(d) provides alternative
packing group assignment methods to classify corrosive mixtures that
does not involve physical testing. The proposed tiered approach to
classification and packing group assignment depends on how much
information is available for the mixture itself, similar mixtures, and/
or its ingredients. Specifically, the proposed amendments include the
following methods of classification for mixtures: Dilution, batching,
criteria for substantially similar mixtures, and a calculation method
using existing data for the component substances of the mixture.
    PHMSA expects there to be cost savings to shippers of mixtures that
chose to classify their materials using the new classification options
instead of traditional testing methods (e.g. in-vitro or in-vivo).
Traditional skin corrosion testing involving animals costs
approximately $1,800. Whereas, the alternative in-vitro tests range
from $500 to $850, 13 14 with a median cost of $675.

The new classification methods for mixtures are faster and demonstrate
an equivalent level of safety at a much lower cost. PHSMA expects that
many shippers of Class 8 materials will use the new regulatory
flexibility to utilize the lower cost, non-testing alternatives.
---------------------------------------------------------------------------

    \13\ Humane Society International. Costs of Animal and Non-
Animal Testing. http://www.hsi.org/issues/chemical_product_testing/facts/time_and_cost.html.
    \14\ These skin corrosion tests are named the Draize rabbit skin
test for $1,800, EpiDerm human skin model in vitro test for $850,
and the CORROSITEX membrane barrier for $500.
---------------------------------------------------------------------------

    These non-test methods have varying degrees of time required for
determination of a classification. Methods such as dilution and
batching are relatively straight forward and require minimal time to
arrive at a classification determination. Methods such as bridging and
calculation require more time to arrive at a classification
determination. PHMSA does not have a reliable estimate of the time to
perform these non-test classification methods. For the purposes of this
analysis, we have utilized the most time-consuming calculation method.
To arrive at a classification determination using the calculation
method the person preforming the calculation must utilize data on the
known components of the mixture, and using a formula arrive at a number
that correlates to an assignment of a packing group. PHMSA assumes that
data on components of a mixture will generally be available, and that
preforming this calculation takes approximately 3 hours to complete.
Utilizing a weighted hourly wage of $79.06, \15\ PHMSA estimates a cost
of $237.18 for preforming the calculation method to arrive at a
corrosivity classification determination. The median cost of currently
authorized in-vitro and in-vivo testing is $1,237.5. This represents a
cost savings of $1,000.32 per test.
---------------------------------------------------------------------------

    \15\ Occupation labor rates based on 2017 Occupational and
Employment Statistics Survey (OES) for ``Chemical Engineers (17-
2041)'' in the Chemical Manufacturing industry. The hourly mean wage
for this occupation ($54) is adjusted to reflect the total costs of
employee compensation based on the BLS Employer Costs for Employee
Compensation Summary, which indicates that wages for civilian
workers are 68.3 percent of total compensation (total wage = wage
rate/wage % of total compensation).
---------------------------------------------------------------------------

    PHSMA is challenged in monetizing total cost savings due to a lack
of data describing baseline conditions, including a breakdown of the
types of hazardous materials that make up the 2012 CFS total flow
estimates and the total number of traditional tests industry currently
conducts annually to comply with Sec.  173.137. In addition, PHSMA does
not have enough information to predict how this proposed rulemaking
will change industry behavior. Absent more definitive data, PHMSA
assumes 500 to 3,000 new mixtures tested per year. If all of these
mixtures use the new non-testing methods, and cost savings equal
$1,000.32 per test, total industry cost savings could equate to $0.4 to
$3.9 million dollars per year. PHSMA seeks comment if these numbers
represent an accurate estimate of new mixtures tested annually.
Costs of Harmonization
    Please see the RIA for this rulemaking--a copy of which has been
placed in the docket--for detailed analysis of the costs of various
amendments proposed in this NPRM. Additionally, where noted below,
please see the Paperwork Reduction Act section of this rulemaking for a
detailed discussion of applicable proposals.
    Requiring 6(d) testing for certain explosives: PHMSA believes that
requiring additional tests will result in greater costs for
manufacturers of explosives presently approved for transport under
UN0349, UN0367, UN0384, or UN0481. Please see the Paperwork Reduction
Act section of this rulemaking for a detailed discussion of these
estimated costs.
    Lithium Battery Test Summary: PHMSA believes that the proposed
creation of a lithium cell or battery test summary and the proposed
requirement for subsequent distributors to make the test summary
available will result in costs to cell and battery manufacturers, as
well as subsequent distributors. Please see the Paperwork Reduction Act
section of this rulemaking for a detailed discussion of these estimated
costs.
Net Benefit
    Based on the discussions of benefits and costs provided above,
PHMSA estimates discounted net cost savings at 3 percent discount rate
of approximately $97,000-$2.2 million per year and at 7 percent
discount rate of approximately $60,000-$2.1 million per year. Please
see the complete RIA for a more detailed analysis of the costs and
benefits of this proposed rule.

C. Executive Order 13771

    This proposed rule has been analyzed in accordance with Executive
Order 13771 (``Reducing Regulation and Controlling Regulatory Costs'')
and is likely to result in an E.O. 13771 deregulatory action, as it
will result in cost savings (see above for discussion of the Benefits
and Costs of Harmonization).

D. Executive Order 13132

    This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). It preempts State, local, and Indian tribe
requirements, but does not propose any regulation that has substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
    The Federal hazmat law (49 U.S.C. 5101 et seq.) contains an express
preemption provision (49 U.S.C. 5125(b)) that preempts State, local,
and Indian tribe requirements on certain covered subjects, as follows:
    (1) The designation, description, and classification of hazardous
material;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
    This proposed rule addresses covered subject items (1), (2), (3),
(4), and (5) above and preempts State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard. This
proposed rule is necessary to incorporate changes adopted in
international standards, effective January 1, 2019. If the proposed
changes are not adopted in the HMR, U.S. companies--including numerous
small entities competing in foreign markets--would be at an economic
disadvantage because of their need to comply with a dual system of
regulations. The changes in this proposed rulemaking are intended to
avoid this result. Federal hazmat law provides at 49 U.S.C. 5125(b)(2)
that, if DOT issues a regulation concerning any of the covered
subjects, DOT must determine and publish in the Federal Register the
effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than two years after the date of issuance. PHMSA
proposes that the effective date of Federal preemption be 90 days from
publication of a final rule in this matter.

E. Executive Order 13175

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

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

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

G. Paperwork Reduction Act

    PHMSA is proposing to revise the approved information collections
under the following Office of Management and Budget (OMB) Control
Numbers: OMB Control No. 2137-0018, ``Inspection and Testing of
Portable Tanks and Intermediate Bulk Containers;'' OMB Control No.
2137-0034, ``Hazardous Materials Shipping Papers & Emergency Response
Information;'' OMB Control No. 2137-0557, ``Approvals for Hazardous
Materials;'' OMB Control No. 2137-0572, ``Testing Requirements for Non-
Bulk Packaging (Formerly: Testing Requirements for Packaging);'' OMB
Control No. 2137-0559, ``Rail Carriers and Tank Car Tank Requirements,
Rail Tank Car Tanks--Transportation of Hazardous Materials by Rail.''
OMB Control Number 2137-0018, ``Inspection and Testing of Portable
Tanks and Intermediate Bulk Containers''
    PHMSA estimates this rulemaking will result in an increase in
burden due to the proposed requirement to indicate the water
temperature during a hydraulic pressure test for rigid plastics and
composite IBCs. PHMSA does not estimate an increase in the number of
respondents or responses, because the proposed amendment only adds
burden for respondents already pressure testing rigid plastics and
composite IBCs. PHMSA estimates that it will take an average of 1
additional minute to add the additional information to the test report.
This information collection, currently accounts for 20 respondents
completing 100 test reports per year at 6 minutes per response.
Increasing the burden time to 7 minutes per response increases the
burden by 33 hours. At a mean hourly wage of $38.77, \16\ it is
estimated to increase annual salary costs by $1,279.41. PHMSA does not
anticipate this requirement to affect out-of-pocket expenses.
---------------------------------------------------------------------------

    \16\ Occupation labor rates based on 2017 Occupational and
Employment Statistics Survey (OES) for ``First-line supervisors of
transportation and material moving workers, except aircraft cargo
handling (53-1048)'' in the Plastics and Rubber Products
Manufacturing industry. The hourly mean wage for this occupation
($26.48) is adjusted to reflect the total costs of employee
compensation (i.e., benefits) based on the BLS Employer Costs for
Employee Compensation Summary, which indicates that wages for
civilian workers are 68.3 percent of total compensation (total wage
= wage rate/wage % of total compensation).
---------------------------------------------------------------------------

    Annual Increase in Number of Respondents: 0.
    Annual Increase in Number of Responses: 0.
    Annual Increase in Burden Hours: 33.
    Annual Increase in Salary Costs: $1,279.41.
    Annual Increase in Burden Costs: $0.
OMB Control Number 2137-0034, ``Hazardous Materials Shipping Papers &
Emergency Response Information''
    PHMSA estimates that this NPRM will result in an overall increase
in burden attributed to the proposed requirement to create a test
summary for lithium cells and batteries manufactured after June 30,
2003. As currently proposed, lithium cell or battery manufacturers will
need to create a test summary for all of the previously manufactured
lithium cells and batteries. Following the publication of the final
rule, PHMSA will revise the annual burden, as a test summary will only
need to be created following manufacture of a new lithium cell and
battery. Because this NPRM accounts for previously manufactured lithium
cells and batteries, PHMSA believes that the burden will substantially
decrease for subsequent years after a final rule goes into effect.
    PHMSA identified 73 domestic lithium cell or battery manufacturers
per U.S. Census' Annual Survey of Manufactures (ASM) (NAICS code
335912).\17\ PHMSA looked at publicly available company websites for 35
domestic companies known to manufacture lithium cells or batteries. Of
the 35 domestic lithium cell or battery manufacturers websites that
were reviewed, 14 provided product information (e.g. specification
sheets or safety data sheets) for specific lithium cells or batteries
the company currently manufactures or sells. Based on the information
provided on these 14 company websites, the mean number of lithium cells
and batteries currently manufactured by these domestic manufacturers is
32. Based on the uncertainties noted below, PHMSA estimates that the
number of batteries and cells currently manufactured--that were tested
between June 30, 2003 and the estimated date of a final rule
publication--by each domestic lithium cell or battery manufacture to be
80 per manufacturer (32 lithium cells or batteries manufactured x 2.5).
Therefore, 5,840 new test summaries must be created for lithium cells
or batteries (73 manufacturers x 80 lithium cells or batteries).
---------------------------------------------------------------------------

    \17\ 2015 County Business Patterns. ``Geography Area Series:
County Business Patterns by Legal Form of Organization.'' 2016
Annual Survey of Manufactures. ``Annual Survey of Manufactures:
General Statistics: Statistics for Industry Groups and Industries:
2016 and 2015.''
---------------------------------------------------------------------------

    The time to create a test summary is estimated conservatively at 30
minutes per document. PHMSA personnel obtained various existing test
reports for lithium cells and batteries and

completed sample test summary documents utilizing these test reports
with an average time to complete of 13 minutes. In these exercises, the
test reports contained almost all the information required for
completion of the test summary. PHMSA expects this to be the case for
most test summaries and assumes that test reports will be readily
available for most design types, but to account for the procuring of
any missing information where required, we have estimated the test
summary completion time to be 30 minutes. Therefore, PHMSA estimates
that this proposal will increase burden by 2,920 hours (5,840 test
reports x 30 minutes).
    To determine the projected salary cost for preparing new test
summaries, PHMSA estimates a mean hourly wage rate of approximately
$67.03 \18\ for a total of $195,721.76 in salary cost (2,920 burden
hours x $67.03). PHMSA does not estimate any out-of-pocket expenses for
the creation of the test summary.
---------------------------------------------------------------------------

    \18\ Occupation labor rates based on 2017 Occupational and
Employment Statistics Survey (OES) for ``Electrical Engineers (17-
2070)'' in the Other Electrical Equipment and Component
Manufacturing industry. The hourly mean wage for this occupation
($45.78) is adjusted to reflect the total costs of employee
compensation (i.e., benefits) based on the BLS Employer Costs for
Employee Compensation Summary, which indicates that wages for
civilian workers are 68.3 percent of total compensation (total wage
= wage rate/wage % of total compensation).
---------------------------------------------------------------------------

Uncertainties
--Information on company websites generally only accounts for battery
and cells that are currently actively offered for sale by the company.
The proposed TS requirement would be applicable to all batteries and
cells manufactured after June 30, 2003. Thus, the canvassing of
domestic manufacturer websites does not account for these previously
made cells and batteries.
--While several websites did show component cells for sale, others did
not. It is difficult to know if some battery manufacturers that only
list completed batteries on their websites also make their own cells.
--Canvassing searched 14 domestic lithium battery cell and battery
manufacturers (out of an estimated 73). Companies that did not provide
individual product listings were not included in our calculations.
However, the companies that were researched do constitute a
representative sample of lithium cell and battery manufacturers making
cells and batteries for automobiles, military, medical, and portable
electronic devices.

    Annual Increase in Number of Respondents: 73.
    Annual Increase in Number of Responses: 5,840.
    Annual Increase in Burden Hours: 2,920.
    Annual Increase in Salary Costs: $195,721.76.
    Annual Increase in Burden Costs: $0.
    This test summary requirement is also anticipated to increase the
burden for recordkeeping requirements. As detailed in the proposed
requirements, the test summary must be made available, including to
subsequent distributors, upon request. For the purposes of this
analysis PHMSA assumes that in order to make a test summary available
manufacturers and downstream distributors of lithium cells and
batteries will likely choose the alternative that results in the least
amount of recordkeeping burden possible. PHMSA believes this least
burdensome method would be to provide links to battery manufacturer
websites where the information will be made available. This assumption
presumes that infrastructure such as website storage capacity and
upkeep are available and existing costs for cell and battery
manufacturers and distributors. Each of these actions requires one
recordkeeping action per test summary for cell and battery
manufacturers and one record for each link generated by downstream
distributors.
    To attempt to quantify the burden hours and salary costs for this
proposed recordkeeping requirement, PHMSA examined entities in NAICS
codes for battery retailers, wholesalers, and merchants (NAICS 453998 &
423610) and identified the percentage of entities in each NAICS
industry that is involved in distributing batteries based on the sub-
NAICS product series information provided in the 2012 Economic Census
by Industry. PHSMA multiplied this percent by the more recent, 2016
County Business Patterns estimate of the total number of entities to
estimate the number of potentially impacted respondents. Based on these
calculations, PHMSA estimates that 5,644 downstream distributors of
lithium cells and batteries comprised of product manufacturers and
distributors/retailers, in addition to the 73 domestic manufacturers
identified above could be subject to additional recordkeeping
requirements as a result of this proposal. We further estimate that
product manufacturers utilize cells and batteries from an average of 5
different cell or battery manufacturers. Lastly, we estimate that
distributors and retail outlets utilize cells and batteries from an
average of 20 cell or battery manufacturers. See table 5 for a
breakdown of the lithium cell and battery supply chain, the number of
estimated entities, and the number of estimated test summaries that are
required to be made available.

                                 Table 5
------------------------------------------------------------------------
                                                            Individual
             Supply chain                  Number of      recordkeeping
                                          respondents       responses
------------------------------------------------------------------------
Cells/Batteries to product                           73            5,840
 manufacturers........................
Product manufacturers to distributors/            5,224           26,120
 retailers............................
Distributors/retailers to customer....              420            8,400
                                       ---------------------------------
    Total.............................            5,790           40,360
------------------------------------------------------------------------

    PHMSA estimates that ensuring test summaries are available will
take 5 minutes utilizing the electronic methods noted above. This
results in a total recordkeeping requirement of 3,363.33 annual burden
hours (40,360 responses x 5 minutes). At an estimated mean annual
salary wage of approximately $67.03 \19\ PHMSA estimates the salary

cost for recordkeeping will increase by $225,437.51. PHMSA does not
estimate that this will increase in any out-of-pocket expenses.
---------------------------------------------------------------------------

    \19\ Occupation labor rates based on 2017 Occupational and
Employment Statistics Survey (OES) for ``Electrical Engineers (17-
2070)'' in the Other Electrical Equipment and Component
Manufacturing industry. The hourly mean wage for this occupation
($45.78) is adjusted to reflect the total costs of employee
compensation (i.e., benefits) based on the BLS Employer Costs for
Employee Compensation Summary, which indicates that wages for
civilian workers are 68.3 percent of total compensation (total wage
= wage rate/wage % of total compensation).
---------------------------------------------------------------------------

    Annual Increase in Number of Respondents: 5,717.
    Annual Increase in Number of Responses: 40,360.
    Annual Increase in Burden Hours: 3,363.33.
    Annual Increase in Salary Costs: $225,437.51.
    Annual Increase in Burden Costs: $0.
    PHMSA is also proposing additional requirements that would affect
the burden for OMB Control No. 2137-0034, but PHMSA believes that the
overall effect on the number of respondents and burden hours are
negligible in relationship to the number of respondents and burden
hours currently associated with this information collection. The
requirements include proposing: To require ``TEMPERATURE CONTROLLED''
on a shipping paper if not already indicated in the proper shipping,
when appropriate; to remove 1-dodecene to the list of marine pollutants
in Appendix B to Sec.  172.101; to reduce the information required on a
Dangerous Cargo Manifest for excepted packages containing Class 7
materials transported by vessel.
OMB Control Number 2137-0557, ``Approvals for Hazardous Materials''
    We anticipate this NPRM will increase the overall burden for this
information collection request. PHMSA is proposing to add special
provision 347 to four entries on the HMT, which would require the
articles to pass the 6(d) test from Part I of the UN Manual of Tests
and Criteria to maintain Compatibility Group ``S'' classification. It
is estimated that this will increase the number of annual respondents
by 54. PHMSA estimates that each respondent will submit 10 applications
each year, for a total increase of 540 annual responses (54 respondents
x 10 responses). PHMSA estimates that each application will take 4.75
hours to complete, for a total increase of 2,565 annual burden hours
(2,500 response x 4.75 hours). At a mean hourly wage of $79.06,\20\
PHMSA estimates an increase of $202,797 in salary costs. PHMSA does not
estimate any additional out-of-pocket expenses.
---------------------------------------------------------------------------

    \20\ Occupation labor rates based on 2017 Occupational and
Employment Statistics Survey (OES) for ``Chemical Engineers (17-
2041)'' in the Chemical Manufacturing industry. The hourly mean wage
for this occupation ($54) is adjusted to reflect the total costs of
employee compensation based on the BLS Employer Costs for Employee
Compensation Summary, which indicates that wages for civilian
workers are 68.3 percent of total compensation (total wage = wage
rate/wage % of total compensation).
---------------------------------------------------------------------------

    Annual Increase in Number of Respondents: 54.
    Annual Increase in Number of Responses: 540.
    Annual Increase in Burden Hours: 2,565.
    Annual Increase in Salary Costs: $202,797.
    Annual Increase in Burden Costs: $0.
    PHMSA is also proposing additional requirements that would affect
the burden for OMB Control No. 2137-0557, but PHMSA believes that the
overall effect on the number of respondents and burden hours are
negligible in relationship to the number of respondents and burden
hours associated with this OMB Control Number. PHMSA expects a minimal
increase due to the proposed revision of special provision A105, which
would allow a person to obtain approval from the Associate
Administrator for Hazardous Materials Safety if the quantity of
hazardous materials exceeds the quantity limits and applicability
provisions of Sec.  173.222(c). PHMSA also expects a minimal decrease
in the number of approval applicants based on the adoption of a new
entry in the Sec.  173.224 Self-Reactive Materials Table and the
adoption of three new entries in the Sec.  173.225 Organic Peroxide
Table. Respondents wishing to offer these materials in transportation,
are no longer required to obtain approval by the Associate
Administrator for Hazardous Materials Safety.
OMB Control No. 2137-0572, ``Testing Requirements for Non-Bulk
Packaging (Formerly: Testing Requirements for Packaging)''
    PHMSA estimates this rulemaking will result in an increase in
burden due to the proposed requirement to include the water temperature
during the hydraulic pressure test for plastic non-bulk packagings.
PHMSA does not estimate an increase in the number of respondents or
responses, because the proposed amendment only adds burden to persons
currently pressure testing plastic non-bulk packagings. PHMSA currently
estimates that 5,000 respondents create 3 test reports per year, and
that each test report takes 2 hours to complete. Based on the estimated
percentage of respondents who currently requalify plastic non-bulk
packagings, PHMSA estimates that it will take an average of 1 minute to
add the water temperature on the requalification report, for an
estimated increase of 250 burden hours. At a mean hourly wage of
$68.58,\21\ it is estimated to increase annual salary costs of $17,145.
PHMSA does not anticipate this requirement to affect out-of-pocket
expenses.
---------------------------------------------------------------------------

    \21\ Occupation labor rates based on 2017 Occupational and
Employment Statistics Survey (OES) for ``Transportation, Storage,
and Distribution Managers (11-3071)'' in the Transportation and
Warehousing industry. The hourly mean wage for this occupation
($48.43) is adjusted to reflect the total costs of employee
compensation based on the BLS Employer Costs for Employee
Compensation Summary, which indicates that wages for civilian
workers are 68.3 percent of total compensation (total wage = wage
rate/wage % of total compensation).
---------------------------------------------------------------------------

    Annual Increase in Number of Respondents: 0.
    Annual Increase in Number of Responses: 0.
    Annual Increase in Burden Hours: 250.
    Annual Increase in Salary Costs: $17,145.
    Annual Increase in Burden Costs: $0.
OMB Control No. 2137-0559 ``Rail Carrier and Tank Car Tank
Requirements, Rail Tank Car Tanks--Transportation of Hazardous
Materials by Rail''
    PHMSA anticipates this NPRM will result in a decrease in burden
because of the proposed requirement to recognize Transport Canada
issued Temporary Certificates for one time movements of non-compliant
tank cars, in lieu of a DOT-issued OTMA when the tank car shipment's
origin or destination is in Canada. Data from the FRA indicates that in
calendar year 2017 there were 214 one time movement requests for tank
car shipments with an origin or destination in Canada. PHMSA estimates
that half of these movements will operate under a Temporary Certificate
issued by Transport Canada, and thus not require PHMSA approval.
Therefore, PHMSA estimates there will be a decrease in 54 annual
respondents. Each of these respondents is estimated to annually request
two OTMAs, for a decrease of 108 responses. PHMSA estimates that each
application requires 4.75 hours to complete, resulting in a reduction
of 513 burden hours. At an estimated mean hourly wage of $68.58,\22\
this reduction is expected to save $35,181.54 in salary cost. PHMSA

estimates there is no reduction in out-of-pocket expenses.
---------------------------------------------------------------------------

    \22\ Occupation labor rates based on 2017 Occupational and
Employment Statistics Survey (OES) for ``Transportation, Storage,
and Distribution Managers (11-3071)'' in the Transportation and
Warehousing industry. The hourly mean wage for this occupation
($46.84) is adjusted to reflect the total costs of employee
compensation based on the BLS Employer Costs for Employee
Compensation Summary, which indicates that wages for civilian
workers are 68.3 percent of total compensation (total wage = wage
rate/wage % of total compensation).
---------------------------------------------------------------------------

    Annual Decrease in Number of Respondents: 54.
    Annual Decrease in Number of Responses: 108.
    Annual Decrease in Burden Hours: 513.
    Annual Decrease in Salary Costs: $38,181.54.
    Annual Decrease in Burden Costs: $0.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d) of title 5
of the CFR requires that PHMSA provide interested members of the public
and affected agencies and opportunity to comment on information and
recordkeeping requests. PHMSA specifically requests comments on the
information collection and recordkeeping burdens associated with
developing, implementing, and maintaining these proposed requirements.
Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number 202-395-674. Requests for a copy
of this information collection should be directed to Steven Andrews or
Shelby Geller, Standards and Rulemaking Division (PHH-10), Pipeline and
Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. If these proposed requirements are adopted
in a final rule, PHMSA will submit the revised information collection
and recordkeeping requirements to OMB for approval.

H. Regulation Identifier Number (RIN)

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

I. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$160.8 million or more, adjusted for inflation, to either State, local,
or tribal governments, in the aggregate, or to the private sector in
any one year, and is the least burdensome alternative that achieves the
objective of the rule.

J. Environmental Assessment

    The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires that Federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
that implement NEPA (40 CFR parts 1500-1508) require Federal agencies
to conduct an environmental review considering (1) the need for the
proposed action, (2) alternatives to the proposed action, (3) probable
environmental impacts of the proposed action and alternatives, and (4)
the agencies and persons consulted during the consideration process.
1. Purpose and Need
    This NPRM would amend the HMR (49 CFR parts 171-180) to maintain
alignment with international standards by incorporating the 20th
Revised Edition of the UN Model Regulations, Amendment 39-18 to the
IMDG Code, the 2019-2020 ICAO Technical Instructions, and Transport
Canada's newest amendments to TDG Regulations.
    This action is necessary to incorporate changes adopted in the IMDG
Code, the ICAO Technical Instructions, and the UN Model Regulations,
effective January 1, 2019. If the changes in this proposed rule are not
adopted in the HMR by this effective date, U.S. companies--including
numerous small entities competing in foreign markets--would be at an
economic disadvantage because of their need to comply with a dual
system of regulations. The changes in this proposed rulemaking are
intended to avoid this result.
    The intended effect of this action is to align the HMR with
international transport standards and requirements to the extent
practicable in accordance with Federal hazmat law (see 49 U.S.C. 5120).
When considering the adoption of international standards under the HMR,
PHMSA reviews and evaluates each amendment on its own merit, on its
overall impact on transportation safety, and on the economic
implications associated with its adoption. Our goal is to harmonize
internationally without diminishing the level of safety currently
provided by the HMR or imposing undue burdens on the regulated public.
PHMSA has provided a brief summary of each revision and the
justification for the revision.
2. Alternatives
    In proposing this rulemaking, PHMSA is considering the following
alternatives:
No Action Alternative
    If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no new provisions would be added.
Preferred Alternative
    This alternative is the current proposal as it appears in this
NPRM, applying to transport of hazardous materials by various transport
modes (highway, rail, vessel, and aircraft). The proposed amendments
included in this alternative are more fully addressed in the preamble
and regulatory text sections of this NPRM. However, they generally
include:
    (1) Updated references to various international hazardous materials
transport standards;
    (2) Amendments to the Hazardous Materials Table to include twelve
new N.O.S. entries for articles containing dangerous goods, as well as
additional defining criteria, authorized packagings, and safety
requirements for transportation of these articles;
    (3) Amendments to add, revise, or remove certain proper shipping
names, packing groups, special provisions, packaging authorizations,
bulk packaging requirements, and vessel stowage requirements.
Additionally, changes throughout the packaging requirements in part 173
to authorize more flexibility when choosing packages for hazardous
materials;
    (4) Changes to the corrosivity classification procedures to include
methods that do not involve testing for making a corrosivity
classification determination for mixtures;
    (5) The creation of a lithium cell or battery test summary; and
    (6) Amendments to the HMR regarding the segregation of lithium
cells and batteries offered for transport or transported on aircraft in
relation to other hazardous materials.
3. Probable Environmental Impact of the Alternatives
No Action Alternative
    If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no new provisions would be added.
However, efficiencies gained through harmonization with updates to
international transport standards--

including regulated substances, definitions, packagings, stowage
requirements/codes, flexibilities allowed, enhanced markings,
segregation requirements, etc.--would not be realized.
    Additionally, the No Action Alternative would not adopt enhanced
and clarified regulatory requirements, which are intended to decrease
the risk of environmental and safety incidents. For example, updates to
corrosivity classification requirements are intended to better ensure
that hazardous materials in this hazard class are properly identified.
The lithium battery test summary and the lithium battery segregation
requirements are intended to provide added protections against the
risks that lithium batteries pose to air transportation. Also, the
vessel stowage requirements seek to better separate materials that may
be reactive to reduce the risks of serious incidents. While these are
only a few examples, the provisions proposed in this Notice have been
developed and vetted by the U.S. and international experts responsible
for the following hazardous materials standards: UN Model Regulations,
ICAO Technical Instructions, IMDG Code, and the Transport Canada TDG
Regulations. Not adopting the proposed environmental and safety
requirements in the NPRM under the No Action Alternative would result
in a lost opportunity for reducing environmental and safety-related
incidents.
    Greenhouse gas emissions would remain relatively the same under the
No Action Alternative. However, it is expected that fewer incidents
result in fewer emissions of greenhouse gases and other pollutants.
Preferred Alternative
    If PHMSA selects the provisions as proposed in this NPRM, we
believe that safety and environmental risks would be reduced and that
protections to human health and environmental resources would be
increased. Potential environmental impacts of each proposed amendment
in the preferred alternative are discussed as follows:
    1. Incorporation by Reference: PHMSA proposes to update references
to various international hazardous materials transport standards
including the 2019-2020 ICAO Technical Instructions; Amendment 39-18 to
the IMDG Code; the 20th Revised Edition of the UN Model Regulations;
amendment 1 to the 6th Revised Edition of the UN Manual of Tests and
Criteria; and the latest amendments to the Transport Canada TDG
Regulations. Additionally, we propose to add three new references to
standards and update six other references to standards applicable to
the manufacture use and requalification of pressure vessels published
by the International Organization for Standardization.
    PHMSA believes that this proposed amendment, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment. Consistency between
U.S. and international regulations enhances the safety and
environmental protection of international hazardous materials
transportation through better understanding of the regulations, an
increased level of industry compliance, the smooth flow of hazardous
materials from their points of origin to their points of destination,
and consistent emergency response procedures in the event of a
hazardous materials incident. The HMR authorize shipments prepared in
accordance with the ICAO Technical Instructions from transport by
aircraft and for transport by motor vehicle either before or after
being transported by aircraft. Similarly, the HMR authorize shipments
prepared in accordance with the IMDG Code if all or part of the
transportation is by vessel. The authorizations to use the ICAO
Technical Instructions and the IMDG Code are subject to certain
conditions and limitations outlined in part 171 subpart C.
    Harmonization will result in more targeted and effective training,
thereby facilitating enhanced environmental protection. This proposed
amendment will eliminate inconsistent hazardous materials regulations,
which hamper compliance training efforts. For ease of compliance with
appropriate regulations, air and vessel carriers engaged in the
transportation of hazardous materials generally elect to comply with
the ICAO Technical Instructions and IMDG Code, as appropriate.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    2. Consistent with amendments adopted into the UN Model
Regulations, PHMSA proposes to revise the Hazardous Materials Table in
Sec.  172.101 to include 12 new N.O.S. entries for articles containing
dangerous goods and to add into the HMR defining criteria, authorized
packagings, and safety requirements for transportation of these
articles. Inclusion of entries in the HMT reflects a degree of danger
associated with a particular material and identifies appropriate
packaging intended to reduce the likelihood of release of hazardous
materials that threaten human health and safety and the environment.
This proposed change provides a level of protection and consistency for
all articles specifically listed in the HMT, without diminishing
environmental protection and safety.
    Greenhouse gas emissions would remain the same under this proposed
amendment.
    3. PHMSA proposes amendments to the HMT to add, revise, or remove
certain proper shipping names, packing groups, special provisions,
packaging authorizations, bulk packaging requirements, and vessel
stowage requirements. Amendments to HMT proper shipping names include:
requiring additional 6(d) testing for certain explosive articles;
adding an entry for ``Lithium batteries installed in cargo transport
unit''; and adding two new entries for ``Toxic solid, flammable,
inorganic, n.o.s.'' Additionally, we also propose to add and revise
special provisions, large packaging authorizations, and intermediate
bulk container (IBC) authorizations consistent with the UN Model
Regulations to provide a wider range of packaging options to shippers
of hazardous materials.
    Inclusion of entries in the HMT reflects a degree of danger
associated with a particular material and identifies appropriate
packaging. These proposed inclusions in the HMT provide a greater level
of protection against release and consistency across borders.
    4. Changes to the corrosivity classification procedures to include
methods that do not involve testing for making a corrosivity
classification determination for mixtures.
    PHMSA believes that this proposed amendment permits additional
flexibility for classifying corrosive mixtures and allows offerors the
ability to make a classification and packing group assignment without
having to conduct physical tests. This allowance does not compromise
environmental protection or safety. Increased use of not-test methods
for classification of mixtures results in less product being utilized
to conduct physical testing, less clean-up and disposal that occurs
after testing, which provide environmental benefits along with expanded
alternatives to traditional testing methods.
    5. Consistent with amendments adopted into the UN Model
Regulations, PHMSA proposes to require the creation of a lithium cell
or battery test summary.
    PHMSA believes that these proposed amendments provide important
additional information to downstream shippers and consumers of lithium
batteries, including a standardized set of

elements that provide traceability and accountability that lithium
cells and batteries offered for transport meet the appropriate UN
design tests. Testing standards for lithium batteries help ensure