column (10A) to read C.
    ``Zinc Peroxide (UN1516) Per the Table of 176.84 Changes, Vessel
Stowage Codes 13 and 148 are proposed to be added for this entry. The
addition of 13 is not necessary as this entry already lists a Vessel
Stowage Code 13 in Column 10B per the 10-1-13 Version of 49 CFR. The
Vessel Stowage Location listed in column 10A in the Docket HMT is C . .
. In the 10-1-13 version of 49 CFR, the Vessel Stowage Location listed
in Column 10A is A.'' Code 13 has been removed from the table of
changes. Although not specifically identified in the preamble to the
NPRM, the stowage category for this UN number has been amended by the
IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising
column (10A) to read C.
Appendix B to Sec.  172.101
    Appendix B to Sec.  172.101 lists Marine Pollutants regulated under
the HMR. In this final rule, PHMSA is revising the List of Marine
Pollutants by adding sixty-two new entries consistent with the IMDG
Code. These changes include those substances that, by virtue of meeting
the Group of Experts on the Scientific Aspects of Marine Environmental
Protection (GESAMP) defining criteria for marine pollutants, were
either assigned a ``P'' in the dangerous goods list or identified in
the alphabetical index to amendment 37-14 of the IMDG Code. The entry
``Chlorotoluenes (meta-;para-)'' is removed based on its removal from
the IMDG Code.
    PHMSA received two comments from the ACC regarding our proposed
addition of one specific material, dodecene, to the list of marine
pollutants. In its first comment, the ACC requests a 30 day extension
of the comment period to better understand ``dodecene's place on other
lists referenced in the proposed rule.'' ACC notes that it would use
the time to coordinate with industry to better understand the
information contained in the dodecene Regulation on Registration,
Evaluation, Authorisation and Restriction of Chemicals (REACH)
dossiers. PHMSA is denying the ACC's request for a 30 day extension of
the

comment period for this rulemaking as the revision to include dodecene
in the Marine Pollutant List is consistent with our standard practice
of aligning Appendix B with the indicative list of marine pollutants
found in the IMDG Code. In its second comment, the ACC notes that the
use of the name ``dodecene'' in both the IMDG Code and PHMSA proposed
rule makes it unclear exactly what substance is being regulated. When
manufactured, ``dodecene'' may represent a number of Chemical Abstracts
Service (CAS) numbers and different chemical properties. In other
words, this single description of dodecene may not reflect what the
Panel members currently manufacture and ship. The ACC also notes that
the REACH registration of a close analog of dodecene, 1-dodecene/dodec-
1-ene, indicates that dodecene would not meet the criteria of a Marine
Pollutant, as set forth in the PHMSA list, based on aquatic toxicity
data. The REACH dossier indicates ``conclusive but not sufficient for
classification'' on both acute and chronic environmental categories
associated with this compound. The inclusion of all entries proposed
for addition in the NPRM were thoroughly vetted by several sub-
committees of the International Maritime Organization prior to adoption
into amendment 37-14 of the IMDG Code. The GESAMP data assigns all
dodecene isomers a B1 numerical rating of 4. This rating of 4 indicates
acute aquatic toxicity, and thus merits inclusion of dodecene to the
list of marine pollutants in Appendix B to Sec.  172.101.
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
adopting the following revisions to Sec.  172.102, special provisions:
Special Provision 28
    Special provision 28 states that the dihydrated sodium salt of
dichloroisocyanuric acid is not subject to the requirements of this
subchapter. In this final rule, PHMSA is revising special provision 28
to convey that the dihydrated sodium salt of dichloroisocyanuric acid
does not meet the definition of a Division 5.1 (oxidizer) and is not
subject to the requirements of the subchapter unless it meets the
criteria for inclusion in another Class or Division, such as Class 9,
environmentally hazardous substance. Some formulations of the
dihydrated sodium salt of dichloroisocyanuric acid meet the criteria
for classification as an environmentally hazardous substance.
Special Provision 52
    Special provision 52 authorizes use of the HMT entry ``UN2067,
Ammonium nitrate based fertilizer'' for substances that do not exhibit
explosive properties of Class 1 when tested in accordance with Test
Series 1 and 2 of the UN Manual of Tests and Criteria, Part I. In this
final rule, PHMSA is revising special provision 52 by removing the
requirement to test in accordance with Test Series 1 because Test
Series 2 determines whether such properties are indeed those of Class
1, not Test Series 1.
Special Provision 147
    This special provision describes the composition of the material
for which the use of the HMT entry ``UN3375, Ammonium nitrate emulsion
or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate
for blasting explosives'' is authorized and prohibits the material from
being classified and transported unless approved by the Associate
Administrator. Special provision 147 requires that these substances
must satisfactorily pass Test Series 8 of the UN Manual of Tests and
Criteria, Part I, Section 18. Test Series 8 contains four test types.
Tests 8(a), (b) and (c) are used for classification purposes while Test
8(d) is used to assess suitability for transport in portable tanks. The
use of this entry (UN 3375) therefore requires only that Tests 8(a),
(b) and (c) are satisfactorily passed. In this final rule, PHMSA is
revising special provision 147 by clarifying that Tests 8(a), (b) and
(c), not the entire Test Series 8, are required for use in
classification and subsequent approval by the Associate Administrator.
PHMSA received one comment from IME in support of this revision.
Special Provision 160
    Special provision 160 is presently assigned to ``UN3268, Air bag
inflators, or Air bag modules, or Seat-belt pretensioners'' in Class 9.
Special provision 160 includes the requirement that air bag inflators
and modules must be tested in accordance with Test series 6 (c) of Part
I of the UN Manual of Tests and Criteria. In this final rule, PHMSA is
revising special provision 160 in conjunction with revising the proper
shipping name for UN3268 to ``Safety devices, electrically initiated.''
The entry is revised to clarify that it applies to safety devices used
in vehicles including vessels and aircraft, and pyromechanical devices
that are added to the list of authorized devices. The development of
safety products has seen significant progress since the introduction of
UN3268 and the range of current products extends beyond what can
presently be assigned to UN3268. Some of the newer safety products
include elements that are actuated by the electrical signal of the
crash sensor (e.g. pyromechanical devices). Examples include: Devices
that interrupt the electrical connection in case of emergency by
disconnecting the main power cable in the vehicle from the battery to
prevent short circuit and consequentially minimize the risk of fire in
the vehicle; and actuators which are used for active headrests or for
pedestrian protection to release special hinges of the engine hood. In
addition, PHMSA is clarifying that this entry does not apply to life
saving appliances described in Sec.  173.219 (UN Nos. 2990 and 3072).
    PHMSA received comments from Key Safety Systems, TK Holdings Inc.,
and TRW Automotive requesting that special provision 160 be revised to
note that if the air bag inflator unit and or pyromechanical device
satisfactorily passes the series 6(c) test, it is not necessary to
repeat the test on the air bag module. PHMSA is not convinced the
requested change is necessary. The purpose of the exception from
testing in this special provision is to state that air bag modules do
not need to be tested if the air bag inflators were tested. Air bag
inflators are any article used to inflate a module, which includes
inflators that use compressed gas, gas generant tablets, or a hybrid
design. Pyromechanical devices are generally piston type devices and
would not be used to inflate modules. Therefore the addition of
``pyromechanical devices'' to the sentence in SP160 excepting air bag
modules from being re-tested would not be appropriate.
Special Provision 161
    Special provision 161 required that for domestic transportation the
alternate shipping description ``Articles, pyrotechnic for technical
purposes'' be used to describe air bag inflators, air bag modules and
seat-belt pretensioners (UN0503) meeting the criteria for a Division
1.4G explosive. This was done to ensure a different shipping name was
used to describe these articles to differentiate them from air bag
inflators, air bag modules and seat-belt pretensioners (UN3268) in
Class 9. In this final rule, PHMSA, consistent with

the UN Model Regulations, is adopting new proper shipping names for
these items, ``Safety devices'' (UN3268) for those articles assigned to
Class 9, and ``Safety Devices, pyrotechnic'' (UN0503) for those
articles assigned to Division 1.4G. Since the proper shipping names for
these items would no longer be the same, there would be no need to use
a different proper shipping name for these articles assigned to
Division 1.4G. Therefore the need for this special provision would be
obsolete and we are deleting it from the regulations and deleting its
reference from the UN0503 entry in the HMT. Under this revision, for
domestic transportation, air bag inflators, air bag modules and seat-
belt pretensioners (UN0503) meeting the criteria for a Division 1.4G
explosive, that are currently described as ``Articles, pyrotechnic for
technical purposes'' would be described as ``Safety devices,
pyrotechnic'' (UN0503).
Special Provision 238
    Special provision 238 addresses the shipment of neutron radiation
detectors. In this final rule, PHMSA is revising special provision 238
to align with the UN Model Regulations special provision 373 by
expanding the transport conditions for neutron radiation detectors and
radiation detection systems containing such detectors. Paragraph a. is
restructured into: (a)(1), general transport requirements; (a)(2),
requirements for radiation detectors transported as individual
components; and (a)(3), requirements for completed neutron radiation
detection systems containing detectors. Consistent with the UN Model
Regulations, PHMSA is adopting the following revisions to the transport
conditions: [1] In (a)(1), increase the total amount of gas authorized
per detector from 12.8 grams to 13 grams; clarify that the minimum
burst pressure is demonstrated by design type qualification testing;
and add a new leaktightness standard; [2] in (a)(2), clarify that in
addition to being packed in a strong outer package, that the completed
package must be capable of withstanding a drop of 1.8 meters (6-foot)
without leakage of gas contents; and increase the total amount of gas
from all detectors per outer packaging from 51.2 grams to 52 grams; and
[3], in (a)(3), add a new requirement that for completed neutron
radiation detection systems, the detectors must be contained in a
strong sealed outer casing; and adding a new requirement that the
completed system must be capable of withstanding a 1.8 meter (6-foot)
drop test without leakage unless a system's outer casing affords
equivalent protection.
    PHMSA received a comment from James Lynch asking how the 1 x
10-\10\ cm\3\/s leaktightness prior to filling limit was
arrived at and proposing an alternative limit amount. The limit, as
proposed and adopted, was determined by the UN Committee of Experts on
the Transport of Dangerous Goods to provide an appropriate level of
safety to ensure essentially no gas will leak from the detector once
filled. In the interest harmonization is maintaining the limit as
proposed in the NPRM. Mr. Lynch also commented that in paragraph
(a)(1)(iii) that the 1800 kPa should specify ``gauge.'' While Mr. Lynch
is correct that paragraph (a)(1)(iii) is applicable pressure at the
``gauge,'' in the interest of harmonization PHMSA is maintaining the
revisions as proposed in the NPRM.
    PHMSA received a comment from Bechtel Plant Machinery Inc.
requesting a 90 day extension of the final rule comment period to
further review the logistical and technical impact of these proposed
regulation changes for the transportation of neutron radiation
detectors. PHMSA is denying Bechtel Plant Machinery Inc.'s request for
an extension of the comment period for this final rule. We are revising
the HMR to maintain alignment with international standards by
incorporating various amendments, including revision of the transport
conditions for neutron radiation detectors in special provision 238. In
addition, the revisions to special provision 238 do not invalidate
existing special permits or de minimis interpretations issued by PHMSA.
Further, for reasons mentioned elsewhere in this rulemaking, it is
imperative that a harmonization rulemaking be published on or near
January 1st, 2015 to facilitate unencumbered commerce. It is important
to note that the transport provisions for these detectors in the ICAO
TI, which this final rule harmonizes with, will become effective
January 1st, 2015.
Special Provision 342
    This special provision, assigned to ``UN1040, Ethylene oxide or
Ethylene oxide with nitrogen'' allows sterilization devices containing
ethylene oxide, conforming to the conditions in the special provision,
and packaged in accordance with Sec.  173.4a of the HMR to be offered
for transportation and transported by all modes even though Column (9A)
of the Sec.  172.101 HMT lists the material as forbidden by passenger
aircraft.
    Consistent with the ICAO TI, in this final rule PHMSA is further
clarifying that irrespective of both Columns (9A) and (9B) of the Sec.
172.101 HMT listing the material as forbidden, ethylene oxide
conforming to the conditions in the special provision is eligible for
air transport. Specifically, we are supplementing the language in this
special provision ``irrespective of the restriction of Sec.
173.4a(b)'' with ``and the indication of ``forbidden'' in columns (9A)
and (9B) of the Sec.  172.101 table.''
Special Provision 362
    Special provision 362 specifies when a material can be considered a
chemical under pressure. Specifically, the special provision states
that classification of these materials is to be based on hazard
characteristics of the components in the propellant, the liquid, or the
solid forms. In this final rule, PHMSA is revising special provision
362 by adding a new paragraph (f) to clarify that chemicals under
pressure containing components forbidden for transport on both
passenger and cargo aircraft must not be transported by air. PHMSA
received one comment from DGAC noting that as proposed special
provision 362 has two paragraph d's. PHMSA has amended the final rule
text to ensure proper paragraph sequencing.
Special Provision 367
    A new special provision 367 is added to clarify that the proper
shipping name ``Paint related material'' or ``Printing ink related
material'' may be used for consignments of packages containing both
``Paint'' and ``Paint related material'' or ``Printing Ink'' and
``Printing ink related material'' in the same package and sharing the
same identification number (UN 1210, UN 1263, UN 3066, UN 3469, or UN
3470). For example, ``UN1263, Paint including paint, lacquer, enamel,
stain, shellac solutions, varnish, polish, liquid filler, and liquid
lacquer base'' and ``UN1263, Paint related material'' contained in the
same package, may be consigned under the entry ``UN1263, Paint related
material including paint thinning, drying, removing, or reducing
compound.'' Paint mainly consists of resin, pigment and solvent.
Thinning compounds consist primarily of solvent as well. Thus, under
the same UN entry, there is no difference between ``Paint'' and ``Paint
related material'' with regard to transport requirements. PHMSA
received one comment from COSTHA providing support for this new
provision. COSTHA noted that this provision will greatly enhance the
efficiencies of businesses transporting these materials.

Special Provision 368
    In this final rule, PHMSA is adding new special provision 368 and
assigning it to ``UN2910, Radioactive material, excepted package-
limited quantity of material'' to clarify that in the case of non-
fissile or fissile-excepted uranium hexafluoride, the material must be
classified under UN3507 or UN2978.
Special Provision 369
    The 18th Revised Edition of the UN Model Regulations has adopted a
new proper shipping name of ``UN3507, Uranium hexafluoride, radioactive
material, excepted package, less than 0.1 kg per package, non-fissile
or fissile-excepted'', to address small quantities of uranium
hexafluoride containing corrosive properties, thus a new special
provision is necessary in the HMR. In this final rule, PHMSA assigns
special provision 369 to UN3507 to specify a primary hazard of Class 8
with subsidiary risk of Class 7, subject to certain conditions.
Special Provision 370
    In this final rule, PHMSA is adding new special provision 370 and
assigning it to the revised HMT entry ``UN0222, Ammonium Nitrate.'' In
the NPRM, PHMSA proposed revising the proper shipping name for UN0222
by removing the qualifying italicized text assigned to UN0222 and
including it in this special provision. Based on a comment submitted by
IME and discussed in the section-by-section review of amendments to
Column (2) of the HMT, we are not moving the qualifying italicized text
from the proper shipping name to the special provision in this final
rule. In this final rule, we are maintaining paragraph b. of special
provision 370 as proposed in the NPRM to clarify that ammonium nitrate
with not more than 0.2% combustible substances, including any organic
substance calculated as carbon, to the exclusion of any added
substance, that gives a positive result when tested in accordance with
Test Series 2 of the UN Manual of Tests and Criteria, Part I must be
assigned to UN0222.
Special Provision 371
    In this final rule, PHMSA is adding a new special provision 371 and
assigning it to ``UN3164, Articles, pressurized pneumatic or hydraulic
containing non-flammable gas.'' This special provision sets forth the
requirements for confetti-shooters pressurized with gas instead of
pyrotechnics. The shooter consists in principle, of a jacket of
cardboard, the pressurized receptacle filled with compressed air or
nitrogen, a lock mechanism made of plastics, a plug of rubber and a
metal cap for closing the receptacle, and different types of confetti.
By turning a ring, or the bottom part of the shooter, a mechanism is
unlocked and the pressurized gas is discharged so that the confetti is
shot away for a few meters. This type of shooter does not contain any
amount of explosives and therefore cannot be assigned to Class 1, and
does not meet the requirements for gas cartridges or small pressure
receptacles. The requirements set forth in the special provision ensure
the same level of safety as for confetti-shooters with pyrotechnics.
Special Provision 372
    In this final rule, PHMSA is adding a new special provision 372 and
assigning it to the new HMT entry ``UN3508, Capacitor, asymmetric.''
This special provision states that this entry applies to asymmetric
capacitors with an energy storage capacity greater than 0.3 watt hours
(Wh) and that asymmetric capacitors with an energy storage capacity of
0.3 Wh or less are not subject to the requirements of this subchapter.
This special provision also provides that nickel-carbon asymmetric
capacitors containing Class 8 alkaline electrolytes must be transported
as UN 2795, Batteries, wet, filled with alkali, electric storage. PHMSA
received one comment from COSTHA supporting the amendment as proposed
noting that this provision now gives clear guidance on how
manufacturers are to ship these articles.
Special Provision A60
    Special provision A60 permits ``UN2014, Hydrogen peroxide, aqueous
solution,'' to be transported in excepted quantities. The special
provision authorizes packagings to include a vent to permit the slow
escape of gas (i.e. not more than 0.1 mL/hour per 30 mL inner packaging
at 20 [deg]C (68 [deg]F) produced from gradual decomposition. As
venting is permitted, the requirements of Sec. Sec.  173.24(g)(1) and
173.27(c) are impracticable and should not apply. To address the issue,
the ICAO DGP adopted a proposal to clarify that these general
requirements prohibiting venting should not be applicable. In this
final rule, we are harmonizing with the ICAO TI and waiving the general
requirements of Sec. Sec.  173.24(g)(1) and 173.27(c). Special
provision A60 is revised accordingly.
Special Provision A61
    In this final rule, PHMSA is adding a new special provision A61 and
assigning it to the HMT entries ``UN 3107, Organic peroxide type E,
liquid'' and ``UN 3109, Organic peroxide type F, liquid.'' PHMSA is
aligning with Packing Instruction 570 of the ICAO TI to allow for
limited venting of oxygen in the case of specialized peroxyacetic acid
packagings when transported by cargo aircraft, provided the packaging
requirements of this special provision are met. It was reported to the
ICAO DGP that peroxyacetic acid was commonly used as a sterilizer for
health care purposes and that there is a need to transport the material
by air for use in sterilizing medical equipment using custom
packagings. The basis for the requirements that these specialized
packagings must meet originated from exemptions to permit the transport
of this substance in small containers approved by several national
authorities. The inclusion of this new special provision will eliminate
the need for these exemptions and facilitate international transport.
IBC Codes and IP Codes
    Section 172.102(c)(4) prescribes situations where Large Packagings
are authorized. In this final rule, PHMSA is authorizing the use of
large packagings for lithium batteries without assigning IB3 or IB8 to
the corresponding entries in the Sec.  172.101 Table by adding a
reference to Sec.  173.185 before the reference to Sec.  173.225(e).
See Section 173.185 Lithium batteries for a detailed discussion of the
proposed a use of rigid large packagings for lithium batteries. In this
final rule, PHMSA is authorizing the use of large packagings for
lithium batteries without assigning IB3 or IB8 to the corresponding
entries in the Sec.  172.101 Table by revising by adding a reference to
Sec.  173.185 before the reference to Sec.  173.225(e). See Section
173.185 Lithium batteries for a detailed discussion of the proposed a
use of rigid large packagings for lithium batteries.
    In two final rules published in the Federal Register on January 19,
2011 (76 FR 3308; HM-215K) and January 7, 2013 (78 FR 988; HM-215L) the
Table 1 (IBC Codes) in paragraph (c)(4) were editorially revised to
remove UN Specifications 31A, 31B, 31N, 31H1, 31H2, 31HZ1, and 31HZ2
from IBC Codes IB4 through IB8. The revisions were consistent with
amendments to the UN Model Regulations that removed the specifications
from the indicated codes in the table because IBC Codes IB4 through IB8
are assigned to solids, whereas, UN Specifications 31A, 31B, 31N, 31H1,
31H2, 31HZ1, and 31HZ2 are authorized for transportation of liquids and
IBC Codes IB1 through IB3 and are assigned to liquid materials only.
Information presented to the UN Committee of Experts on the Transport

of Dangerous Goods (UNCOE) in this last biennium indicated that the
removal of the above UN Specifications from IBC Codes IB4 through IB8
has created a problem. Prior to implementation of these revisions,
certain liquid IBC types were used to transport powdery solids and
solids that become liquid under conditions of transport. These solids
may be loaded and unloaded from the IBC in liquid form raising the
question of whether the remaining IBCs, which are intended for gravity
or pressure discharge, are appropriate. The UN sub-committee adopted a
proposal to reinstate the IBCs that were previously authorized. In this
final rule, we are harmonizing with the UN Model Regulations by
revising the IBC Codes IB4 through IB8 in paragraph (c)(4), Table 1
(IBC Codes) to reinstate IBC's previously authorized.
    A new IP Code 16 is added and assigned to UN3375. Consistent with
international regulations, this special provision would authorize
require IBCs of type 31A and 31N if approved by the Associate
Administrator.
Special Provision TP47
    In this final rule, PHMSA is adding a new special provision TP47
and assigning it to the organometallic substance HMT entries UN3393
through UN3399. The special provision waives the 2.5 year internal
inspection for portable tanks used for the transport of liquid and
solid organometallic substances provided that the portable tank remains
in the dedicated service of transporting organometallic substances.
However, all other required 2.5 year inspections and tests would still
be performed, as well as the full 5 year periodic test and inspection,
which would include an internal inspection.
    Before an internal inspection can be performed, the tank must be
cleaned and purged. In this process, it is difficult to ensure that
water, impurities, or contaminants introduced during cleaning are fully
removed before organometallic substances are again introduced into the
tank, which could potentially result in a dangerous reaction or have an
effect on the purity of the product. Since these organometallic
substances are fully compatible with and are not corrosive to the
materials of construction used in such tanks, the likelihood that an
internal inspection will reveal any corrosion, pitting or other
deterioration of the tank is unlikely. To increase safety and avoid the
risk of a dangerous reaction or product contamination the 2.5 year
internal inspection is waived, provided the portable tank remains in
the dedicated service of transporting organometallic substances and the
tank does exhibit damaged or corroded areas, leakage, or other
conditions that indicate a deficiency in accordance with Sec.
180.605(f). PHMSA received one comment from Dow Chemical in support of
this special provision.
Section 172.204
    This section describes the text that must be contained within the
shipper's certification on a shipping paper. PHMSA received a comment
from Gregory Sutherland noting that PHMSA did not propose in the NPRM
to align the text with the requirements of the UN Model Regulations and
the IMDG Code in Section 172.204(a)(2) to allow the shipper's
certification to be either below or above the required elements of a
shipping paper. PHMSA agrees that harmonizing provisions for shipper's
certification placement and language, by providing the allowance to
place the certification either below or above other required elements,
is necessary to facilitate international commerce. As a result, PHMSA
is adding a note following Sec.  172.204(a)(2) to allow substitution of
the word ``below'' for the currently authorized ``above'' if
appropriate.
Section 172.315
    In this final rule, PHMSA is revising the specifications for the
limited quantity markings prescribed in Sec.  172.315(a)(2) and (b)(2)
to be consistent with the revised specifications in the UN Model
Regulations. To promote uniformity and consistency with the UN Model
Regulations we are allowing manufacturers and printers necessary time
to produce markings that conform to the revised specifications, and to
deplete supplies of existing markings. PHMSA is adding a transitional
period to authorize a limited quantity marking that is in conformance
with the requirements of the regulations in effect on December 31,
2014, to be used until December 31, 2016. PHMSA received one comment
from DGAC noting that many packages, especially those containing
consumer products, may be permanently marked with the limited quantity
marking and remain in the distribution cycle for an extended period of
time. DGAC recommended that a provision be added which authorizes
limited quantity markings conforming to the current requirements and
permanently affixed to a package to be authorized for the useful life
of the package. PHMSA agrees that there may be packages or packagings
marked for an indefinite period of time and is adding a new paragraph
(a)(2)(ii) and (b)(2)(ii) to Sec.  172.315 to read ``For domestic
transportation, a packaging marked prior to January 1, 2017 and in
conformance with the requirements of this paragraph in effect on
December 31, 2014, may continue in service until the end of its useful
life.''
Section 172.317
    To promote the uniformity of the ``Keep Away From Heat'' handling
mark throughout the international transportation community, the ICAO
Technical Instructions have adopted revisions to clarify and
standardize the specifications for this hazard communications element.
In this final rule, PHMSA is revising the specifications in Sec.
172.317(b) to be consistent with the revised specifications in the ICAO
TI. Thus, we are adopting provisions to allow manufacturers and
printers necessary time to produce markings that conform to the revised
specifications, and to deplete supplies of existing markings. We are
also adopting a transitional period to authorize a ``Keep Away From
Heat'' handling mark that is in conformance with the requirements of
the regulations in effect on December 31, 2014, to be used until
December 31, 2016. For domestic transportation, we are authorizing a
packaging marked with a ``Keep Away From Heat'' handling mark prior to
January 1, 2017 and in conformance with the requirements of the
regulations in effect on December 31, 2014, to continue in service
until the end of its useful life.
Section 172.322
    In this final rule, PHMSA is clarifying in Sec.  172.322(a)(2) and
(b), that the marking requirements for marine pollutants are required
unless otherwise provided for in the regulations.
    In Sec.  172.322(e), PHMSA is deleting the obsolete date of January
14, 2010 for the requirements for the marine pollutant mark.
    To promote the uniformity of the marine pollutant mark throughout
the international transportation community, the UN Model Regulations
have adopted revisions to clarify and standardize the specifications
for this hazard communications element. In this final rule, PHMSA is
revising Sec.  172.322(e) to be consistent with the revised
specifications for this marking in the UN Model Regulations. We are
also adopting a transitional period to authorize a marine pollutant
mark that is in conformance with the requirements of the regulations in
effect on December 31, 2014, to be used until December 31, 2016, so
that manufacturers and printers will have the necessary time to deplete

existing supply and to produce markings that conform to the revised
specifications. For domestic transportation, we are authorizing a
packaging marked with a marine pollutant mark prior to January 1, 2017
and in conformance with the requirements of the regulations in effect
on December 31, 2014, to continue in service until the end of its
useful life.
Section 172.326
    Section 172.326 prescribes marking requirements for portable tanks.
PHMSA received a comment from Edward Altemos noting that in the NPRM
PHMSA did not propose to harmonize this section with recent changes
adopted into Amendment 37-14 of the IMDG Code. Amendment 37-14 of the
IMDG Code adopted a reduced size proper shipping name exception for
portable tanks having a capacity of less than 3,000 L (792.52 gallons).
Prior to this amendment proper shipping name markings on all portable
tanks were required to be at least 65 mm (2.5 inches) high. Mr. Atlemos
requests PHMSA harmonize with the IMDG Code on this issue. PHMSA agrees
and is amending paragraph (a) accordingly.
Section 172.327
    To promote the uniformity of markings, in this final rule, PHMSA is
revising and clarifying the specifications for the ``petroleum sour
crude oil'' mark prescribed in Sec.  172.327(a) to be consistent with
the revised specifications for markings in the UN Model Regulations.
Also, to allow manufacturers and printers necessary time to produce
markings that conform to the revised specifications, and to allow for
the depletion of supplies of existing markings, we are adopting a
transitional period to authorize a ``petroleum sour crude oil'' mark
that is in conformance with the requirements of the regulations in
effect on December 31, 2014, to be used until December 31, 2016. For
domestic transportation, we are authorizing a packaging marked with a
``petroleum sour crude oil mark'' prior to January 1, 2017 and in
conformance with the requirements of the regulations in effect on
December 31, 2014, to continue in service until the end of its useful
life.
Section 172.407
    The UN Model Regulations have adopted revisions to clarify and
standardize the specifications for labels to promote the uniformity of
hazard communications labels throughout the international
transportation community. In this final rule, PHMSA is revising Sec.
172.407(c) to be consistent with UN Model Regulations. In addition,
PHMSA is revising (d)(2)(iii) that provides a color alternative for the
symbol on the ORGANIC PEROXIDE LABEL to be consistent with the UN Model
Regulations. Also to be consistent with the UN Model Regulations, and
to allow manufacturers and printers necessary time to produce labels
that conform to the revised specifications, and to allow for the
depletion of supplies of existing labels, we are adopting a
transitional period to authorize a label that is in conformance with
the requirements of the regulations in effect on December 31, 2014, to
be used until December 31, 2016.
    PHMSA received one comment from DGAC noting that many packages may
be permanently labeled and remain in service for an extended period of
time. DGAC recommended that a provision be added which authorizes
labels conforming to the current requirements and permanently affixed
to a package to be authorized for the life of the package. PHMSA agrees
that there may be packages or packagings labeled for an indefinite
period of time and in response is adding a new paragraph (c)(1)(iv) to
Sec.  172.407 to read ``For domestic transportation, a packaging
labeled prior to January 1, 2017 and in conformance with the
requirements of this paragraph in effect on December 31, 2014, may
continue in service until the end of its useful life.''
    Finally, PHMSA is adding paragraph (d)(2)(iv) to permit, consistent
with the UN Model Regulations, a FLAMMABLE GAS label to be displayed on
cylinders and gas cartridges for liquefied petroleum gases, where the
symbol may be shown in the background color of the receptacle if
adequate contrast is provided.
Section 172.512
    The placarding requirements for freight containers and aircraft
unit load devices are described in Sec.  172.512. The reference in
Sec.  172.512(a)(3) to part 7; chapter 2, section 2.7 of the ICAO TI in
this paragraph is inaccurate. This reference became inaccurate because
part 7; chapter 2, section 2.7 of the ICAO TI now refers to replacement
of labels, whereas section 2.8 refers to identification of unit load
devices containing dangerous goods. PHMSA is revising this paragraph
for the correct reference to cite part 7; chapter 2, section 2.8.
Section 172.519
    The UN Model Regulations have adopted revisions to clarify and
standardize the specifications for placards. In this final rule, PHMSA
is revising the specifications for placards prescribed in Sec.
172.519(c) to be consistent with the UN Model Regulations.
Additionally, to allow manufacturers and printers necessary time to
produce placards that conform to the revised specifications, and to
allow for the depletion of supplies of existing placards, we are
providing a transitional period. This transitional period authorizes a
placard that is in conformance with the requirements of the regulations
in effect on December 31, 2014, to be used until December 31, 2016.
Finally, PHMSA realizes that in domestic transportation, numerous
placards of a semi-permanent nature are in service. PHMSA is allowing,
that for domestic transportation, a placard manufactured prior to
January 1, 2017, in conformance with the requirements of the
regulations in effect on December 31, 2014, may continue in domestic
service until the end of its useful life provided the color tolerances
are maintained and are in accordance with the display requirements of
the subchapter.

Part 173

Section 173.2a
    Section 173.2a outlines classification requirements for materials
having more than one hazard. In this final rule, PHMSA is amending
paragraph (a)(1) to note that shipments of ``UN3507, Uranium
hexafluoride, radioactive material, excepted package, less than 0.1 kg
per package'' are not required to apply the radioactive hazard as the
primary hazard. This change is adopted to incorporate the
transportation provisions for excepted packages of uranium hexafluoride
adopted in the 18th Revised Edition of the UN Model Regulations, the
IMDG Code and the ICAO TI.
Section 173.3
    The UN Model Regulations have adopted revisions to clarify and
standardize the specifications for markings. In this final rule, PHMSA
is revising the specifications for markings for salvage packagings
prescribed in Sec.  173.3(c)(3); salvage cylinders prescribed in Sec.
173.3(d)(3); and prescribing requirements for the marking of the
proposed large salvage packaging in Sec.  173.3(f) to be consistent
with the revised specifications for salvage packaging markings in the
UN Model Regulations. Also, to be consistent with the UN Model
Regulations, and to allow shippers necessary time to implement the new
marking requirements, we are adopting a transitional period to
authorize a

marking that is in conformance with the requirements of the regulations
in effect on December 31, 2014, to be used until December 31, 2016.
PHMSA also realizes that salvage packagings and salvage cylinders are
typically marked in a durable manner. PHMSA is authorizing, for
domestic transportation, a salvage packaging or a salvage cylinder that
is marked prior to January 1, 2017 in conformance with the requirements
of the regulations in effect on December 31, 2014, to continue in
service until the end of its useful life. PHMSA received one comment
from RIPA supporting the transition period for ``already fabricated and
durably marked salvage packagings,'' but requesting an additional
transition year for embossed packagings. PHMSA notes however, that as
is being adopted in this final rule a salvage cylinder that is marked
prior to January 1, 2017 in conformance with the requirements of the
regulations in effect on December 31, 2014, may continue in service
until the end of its useful life.
    Also PHMSA is adding a new paragraph (f) to Sec.  173.3 authorizing
and prescribing the use of large salvage packaging for all modes of
transportation other than air. PHMSA received one comment from RIPA
providing general support for the amendments as proposed.
Section 173.4a
    The UN Model Regulations have been revised to clarify and
standardize the specifications for the marking of excepted quantities
of packaged hazardous materials. In this final rule, PHMSA is revising
Sec.  173.4a(g)(2) to be consistent with the revised specifications for
these markings in the UN Model Regulations. We are adding a transition
period so that manufacturers and printers can produce markings that
conform to the revised specifications, and deplete existing supplies.
An excepted quantities marking that is in conformance with the
requirements of the regulations in effect on December 31, 2014, can be
used until December 31, 2016. For domestic transportation, we are
authorizing a packaging marked with an excepted quantities marking
prior to January 1, 2017 and in conformance with the requirements of
the regulations in effect on December 31, 2014, to continue in service
until the end of its useful life.
Section 173.9
    In this final rule, PHMSA is revising the specifications for the
fumigant marking prescribed in Sec.  173.9(e) to be consistent with the
revised specifications for these markings in the UN Model Regulations.
Also consistent with the UN Model Regulations, to allow manufacturers
and printers necessary time to produce markings that conform to the
revised specifications, and to allow for the depletion of supplies of
existing markings, we are authorizing a transitional period to
authorize a fumigant marking that is in conformance with the
requirements of the regulations in effect on December 31, 2014, to be
used until December 31, 2016.
Section 173.11
    In this final rule, PHMSA is adding a new Sec.  173.11 that
provides exceptions to the regulations for certain light bulbs
containing hazardous materials based on their transport conditions, the
quantity of hazardous materials contained in each light bulb or
package, and the type of packaging. This new section is consistent with
newly adopted provisions in the UN Model Regulations. In the NPRM,
PHMSA proposed using the term ``lamp'' in this section for consistency
with the language contained in the UN Model Regulations. However, a
reference to ``light bulbs'' remained in Sec.  173.307(a)(6). PHMSA
received one comment from Alaska Airlines noting that this may be
confusing for shippers and suggested defining the terms lamp and light
bulb. We agree that using both of these terms may be confusing; however
we do not believe there is a need for defining these two terms as they
apply to the same commodity. Therefore, in this final rule, PHMSA is
revising the language in Sec.  173.11 and Sec.  173.307 to include the
term ``lamp'' in association with ``light bulb.''
Section 173.24
    In this final rule, PHMSA is revising Sec.  173.24 to authorize the
use of supplementary packagings within an outer packaging (e.g., an
intermediate packaging or a receptacle inside a required inner
packaging) in addition to what is required by the regulations provided
all applicable requirements are met and, if appropriate, suitable
cushioning is used to prevent movement within the packaging. This
revision is consistent with newly adopted provisions in the UN Model
Regulations. PHMSA received one comment from Veolia requesting
clarification that the newly proposed requirement under Sec.
173.24(c)(2) for the use of ``appropriate suitable cushioning'' is only
required when movement of the inner receptacles within the outer
packaging would result in breakage of the inner receptacles during
transportation. PHMSA has revised Sec.  173.24(c)(2) to clarify that
appropriate suitable cushioning is only required when necessary.
Section 173.25
    To promote the uniformity of markings, the UN Model Regulations
have been revised to clarify and standardize the specifications for the
overpack marking. In this final rule, PHMSA is revising Sec.
173.25(a)(4) to be consistent with the revised specifications for these
markings in the UN Model Regulations. Also consistent with the UN Model
Regulations, to allow manufacturers and printers necessary time to
produce markings that conform to the revised specifications, and to
allow for the depletion of supplies of existing markings, we are
adopting a transitional period to authorize an overpack marking that is
in conformance with the requirements of the regulations in effect on
December 31, 2014, to be used until December 31, 2016. For domestic
transportation, we are authorizing an overpack marked with an overpack
marking prior to January 1, 2017 and in conformance with the
requirements of the regulations in effect on December 31, 2014, to
continue in service until the end of its useful life. PHMSA received
one comment from RIPA providing general support for this amendment.
Section 173.62
    Consistent with the UN Model Regulations, in this final rule, PHMSA
is revising Sec.  173.62 relating to specific packaging requirements
for explosives as follows:
    In paragraph (b), in the Explosives Table, the entry for UN0222 is
revised to expand the packaging authorizations to include Packing
Instruction 117 in addition to the existing Packaging Instructions
112(b) and 112(c).
    In paragraph (c), in the Table of Packing Methods, Packing
Instruction 116 is revised to delete provision 5, which states that
woven plastic bags (5H2 or 5H3) must be used only for UN 0082, 0241,
0331 and 0332. Packing Instruction 117 is revised to add provision 5
which states, ``For UN0222, when other than metal or rigid plastics
IBCs are used, they must be offered for transportation in a closed
freight container or a closed transport vehicle.''; and provision 6
which states, ``For UN0222, flexible IBCs must be sift-proof and water-
resistant or must be fitted with a sift-proof and water-resistant
liner.'' Packing Instructions 131 and 137 are revised to expand the
authorization for outer packagings to include solid plastic boxes
(4H2).

Section 173.115
    Section 173.115 prescribes the definitions for Class 2 materials.
In this final rule a new paragraph (m) is added to define the term
``Adsorbed gas.'' The term means a gas which when packaged for
transport is adsorbed onto a solid porous material resulting in an
internal receptacle pressure of less than 101.3 kPa at 20 [deg]C and
less than 300 kPa at 50 [deg]C.
    Currently the HMR do not prescribe requirements for the transport
of adsorbed gases. In this final rule, PHMSA is adopting various
transportation requirements for adsorbed gases. Therefore in this final
rule we are adopting the above definition of an adsorbed gas based on
the definition found in the 18th Revised Edition of the UN Model
Regulations, the IMDG Code and the ICAO TI.
Section 173.121
    Section 173.121 prescribes the requirements for the selection of
packing groups for Class 3 flammable liquids. Paragraph (b) of this
section describes the criteria for inclusion of viscous Class 3
materials in Packing Group III. Paragraph (b)(1)(ii) currently states
that the mixture cannot contain any substances with a primary or
subsidiary risk of Division 6.1 or Class 8. In this final rule, PHMSA
is revising paragraph (b)(1)(ii) to clarify that a mixture or any
separated solvent cannot contain any substances with a primary or
subsidiary risk of Division 6.1 or Class 8. This change is consistent
with the current language in the 18th Revised Edition of the UN Model
Regulations, the IMDG Code and the ICAO TI.
Section 173.127
    In this final rule, PHMSA is revising Sec.  173.127(a) to authorize
an alternative test for assigning packing groups to Division 5.1
oxidizing solids. The test is in addition to the currently authorized
test using potassium bromate/cellulose mixture. The alternative test
uses calcium peroxide as a reference substance which is neither
carcinogenic nor as acutely toxic as potassium bromate. In addition,
the alternative test replaces the highly subjective visual
determination of the burning time with a gravimetric determination of
the burning rate. This change is consistent with the test adopted into
the UN Model Regulations.
Section 173.151
    Section 173.151 provides exceptions for Class 4 hazardous
materials. In this final rule, PHMSA is revising paragraph (b) to
replace a pre-existing paragraph (b)(2) relating to exceptions for
charcoal briquettes (NA1361) that was inadvertently deleted in the
final rule dated January 7, 2013 (HM-215K; 78 FR 1101).
Section 173.161
    Section 173.161 prescribes packaging requirements for chemical kits
and first aid kits that contain small amounts of hazardous materials.
Paragraph (b)(2) contains the requirement that ``The packing group
assigned to the chemical kit and first aid kit as a whole must be the
most stringent packing group assigned to any individual substance in
the kit . . .'' This requirement creates problems for shippers and air
transport acceptance personnel because it does not specify what must be
shown for the packing group on the shipping paper, or what packaging
standard must be applied to kits containing hazardous materials to
which no packing group is assigned. In this final rule, PHMSA is
revising paragraph (b)(2) to require that for kits containing only
hazardous materials to which no packing group is assigned, a packing
group need not be indicated on the shipping paper although such
packagings shall meet the Packing Group II performance level. PHMSA
received one comment from UPS providing full support for the amendments
as proposed.
Section 173.164
    Section 173.164 prescribes requirements for the transportation of
Mercury (metallic and articles containing mercury). In this final rule,
PHMSA is eliminating the existing exception for lamps containing
mercury in paragraph (a)(5) since this exception will be covered in the
new Sec.  173.11 relating to exceptions for shipment of light bulbs
containing hazardous materials.
Section 173.166
    Section 173.166 prescribes requirements for the transportation of
air bag inflators, air bag modules and seat-belt pretensioners, UN3268
and UN0503. Due to technological developments, new safety devices for
vehicles are becoming available. The devices include pyromechanical
devices that meet the definition of a hazardous material but are not
accurately described by the proper shipping names Air bag inflators,
Air bag modules, or Seat-belt pretensioners. The proper shipping name
for these devices has been revised in the UN Model Regulations to
``Safety devices, electrically initiated'' for UN 3268 and ``Safety
devices, pyrotechnic'' for UN0503. Consistent with the UN Model
Regulations, PHMSA is adopting these revised proper shipping names and
revising Sec.  173.166 to adopt the term ``Safety Devices'' for these
items. An entry for the existing proper shipping name ``Air bag
inflators, or Air bag modules, or Seat-belt pretensioners'' has been
left in the Sec.  172.101 Hazardous Materials Table to direct the
reader to the new proper shipping names ``Safety devices, electrically
initiated'' and ``Safety devices, pyrotechnic.'' PHMSA received
multiple comments (Takata, Autoliv, TRW Automotive, and COSTHA)
supporting the inclusion of new proper shipping names for ``Safety
devices.''
    The current Sec.  173.166(b)(1)(iv) provides that under certain
conditions a Class 9 (UN3268) air bag inflator, air bag module, or
seat-belt pretensioner design is not required to be submitted to the
Associate Administrator for approval or assigned an EX number. In the
NPRM, PHMSA proposed not extending this exception to all Class 9 safety
devices and maintaining this exception only for air bag inflators, air
bag modules, and seat-belt pretensioners. All other types of safety
devices, such as pyromechanical devices, that are candidates for Class
9 must be submitted to the Associate Administrator for approval.
Takata, Autoliv, TRW Automotive, and COSTHA provided comments opposing
PHMSA's proposal to not extend this exception to all ``Safety,
devices.'' A summary of the commenters' positions follows:
     Employees who prepare shipping papers will have a
difficult task to determine when an EX number is or is not required to
be contained on the shipping paper, and training for this requirement
by January 1, 2015 will be difficult to achieve.
     Automated software used to prepare shipping papers for
hazardous materials will not be capable of differentiating between air
bag inflators, air bag modules, seat-belt pretensioners and all other
Class 9 (UN3268) safety devices. Software programs are written to
either require an EX number or not require an EX number for UN3268
(Class 9) devices.
     Carriers are not capable of determining when a Class 9,
UN3268 ``Safety Device'' does or does not require an EX number on the
shipping papers.
     PHMSA approved explosives test labs will witness testing
of Safety Devices, other than air bag inflators, air bag modules and
seat-belt pretensioners, to determine proper classification. The
devices will either pass criteria for classification as Class 9
(UN3268), Class 1.4G (UN0503) or they will fail to obtain
classification as a Safety Device. There

will be no increased risk to safety based on the explosives examiner's
classification determination.
     The new Safety Devices, other than air bag inflators, air
bag modules and seat-belt pretensioners, have already been manufactured
and shipped for several years, but with classifications such as Class
1.4S (UN0323) or ``Not regulated as a Class 1 Explosive''. These
devices typically contain significantly lower amounts of pyrotechnics,
and therefore pose less risk to safety when shipping and handling. The
commenters are not aware of any incidents or accidents involving these
devices.
     Adding the requirement for certain Safety Devices to be
submitted to PHMSA for approval and an EX number will add to PHMSA's
approval workload. Current processing time for approvals is 180 to 200
days. This delay in bringing new products to market will hurt U.S.
manufacturers and carriers because new products will be sourced to
other nations.
    As noted in the proposed rule, the three items currently excepted
have a long history of safety in their design and manufacture. New
devices do not yet have such an established safety history. PHMSA, in
the interest of safety, is limiting use of the exception to articles
and devices currently authorized under the exception. PHMSA is not
opposed to reexamining the exception from Associate Administrator
approval for all safety devices, once a sufficient number of these new
devices have been evaluated and the data provides assurance that an
appropriate level of safety is maintained. PHMSA is however excepting
these new types of safety devices classified as Class 9 materials from
the requirement to mark the EX number on shipping papers and packages
by revising Sec.  173.166(c)(2). This revision addresses the commenters
concerns about the ability for carriers and downstream offerors to know
when a safety device classified as a Class 9 material does or does not
require an EX number to be indicated on documentation or packages.
    Additionally, in this final rule, PHMSA is adding a new paragraph
(d)(5) to Sec.  173.166 to permit the continued transportation of an
air bag inflator, air bag module, or seat-belt pretensioner that was
classed and approved for transportation prior to January 1, 2015 under
the terms of the existing approval, using the proper shipping name
``Safety Devices'' or ``Safety Devices, Pyrotechnic'' as appropriate.
    PHMSA received a comment from COSTHA noting potential logistical
problems ensuring that all packages, either currently in transportation
or in storage awaiting further offering in transportation, are both
marked and described with the new proper shipping names ``Safety
devices'' or ``Safety devices, pyrotechnic'' as appropriate. COSTHA
notes that while the majority of shippers of these devices are
transitioning to the new authorized shipping names for documentation
purposes, ensuring proper shipping name markings on packages are
consistent with the new shipping names may prove difficult. COSTHA asks
for a transitional period for packages containing ``Air bag
inflators'', ``Air bag modules'', and ``Seat-belt pretensioners''
allowing them to be marked with previously authorized proper shipping
names while shipping papers would indicate the new proper shipping
names as proposed in the NPRM.
    PHMSA agrees that this situation may occur, and in this final rule
PHMSA is adding a new paragraph (d)(6) to Sec.  173.166 to permit until
January 1, 2016, the domestic transportation by highway, rail, and
vessel of packages containing ``Air bag inflators'', ``Air bag
modules'', or ``Seat-belt pretensioners'' that are marked or documented
either with a previously authorized proper shipping name (Air bag
inflators, Air bag modules, or Seat-belt pretensioners) for these
articles; or with the appropriate new proper shipping name authorized
under this rulemaking (Safety devices or Safety devices, pyrotechnic).
This exception can be applied in part or in whole. Packages may be
marked with a previously authorized proper shipping name (e.g., Air bag
inflators) and declared on shipping papers with a proper shipping name
authorized under this rulemaking (e.g., Safety devices). Conversely,
packages may be marked with a proper shipping name authorized under
this rulemaking (e.g., Safety devices) and declared on shipping papers
with a previously authorized proper shipping name (e.g., Air bag
inflators). It is also important to note that in accordance with the
January 1, 2016 delayed compliance date of this rulemaking, packages
that are both marked and declared using a proper shipping name in
effect on December 31, 2014 may continue to be offered for transport
and transported until January 1, 2016.
Section 173.167
    Section 173.167 prescribes the requirements for consumer
commodities intended for air transportation. In this final rule, PHMSA
is revising the drop test requirements in (a)(4) by including the
criteria for passing the test. A completed consumer commodity package
will be considered to have passed the drop test if the outer packaging
does not exhibit any damage liable to affect safety during transport
and there is no leakage from the inner packaging(s).
Section 173.176
    This section addresses capacitors by prescribing the testing,
marking, safety, and packaging requirements for electric double layer
capacitors with energy storage capacity greater than 0.3 watt hours
(Wh). In this final rule, PHMSA is revising Sec.  173.176 to include
provisions for asymmetric capacitors in accordance with the new HMT
entry ``UN3508, Capacitor, asymmetric (with an energy storage capacity
greater than 0.3Wh).'' In addition, paragraph (a)(5) presently requires
that capacitors must be marked with the energy storage capacity in Wh.
Many pre-existing capacitors do not have Wh marking and are not
permitted to be transported even when all other requirements of this
section are met. PHMSA is amending paragraph (a)(5) to require that the
Wh marking is required for non-asymmetric capacitors manufactured after
December 31, 2013 and for asymmetric capacitors manufactured after
December 31, 2015.
Section 173.181
    This section prescribes the non-bulk packaging requirements
applicable to pyrophoric liquids. On January 7, 2013, PHMSA published
final rule PHMSA-2012-0027 (HM-215L) [78 FR 987] 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. In that final
rule, PHMSA revised paragraphs (b) and (c) to add authorized packagings
for these materials. Paragraphs (c)1-3 were inadvertently deleted due
to an incorrect amendatory instruction and in this final rule, PHMSA is
placing paragraphs (c)1-3 back into Sec.  173.181 as they were prior to
the publication of HM-215L.
Section 173.185
    In this final rule, PHMSA is adding paragraph (b)(6) and revising
paragraph(f)(3) to authorize and prescribe the use of a large packaging
for a single large lithium battery or a battery contained in equipment.
This authorization does not include transportation by aircraft. The
addition of this packaging type into this section is consistent with
provisions for lithium batteries in the UN Model Regulations.

PHMSA received one comment from COSTHA in support of this proposal.
    The ICAO DGP took a decision during the most recent biennium to
remove the alternative written documentation option in Section IB of
ICAO TI Packing Instructions 965 and 968 and instead require a standard
transport document (shipping paper). Section IB is applicable to
packages that exceed the number or quantity (mass) limits for smaller
lithium batteries in Section II of Packing Instructions 965 and 968,
thus excepting such packages from specification packaging requirements
when containing no more than 2.5 kg of lithium metal cells or batteries
or 10 kg of lithium ion cells or batteries per package. As this
revision will appear in the 2015-2016 Edition of the ICAO TI, in this
final rule PHMSA is amending paragraph (c)(4)(v) to require a shipping
paper for these packages containing no more than 2.5 kg of lithium
metal cells or batteries or 10 kg of lithium ion cells or batteries per
package. PHMSA sought input as to the costs and benefits of harmonizing
the provisions of the HMR with the provisions of the ICAO Technical
Instructions by requiring shipping papers as opposed to alternative
documentation. PHMSA also solicited comments on the costs and benefits
of maintaining a domestic difference within the HMR to continue to
allow the use of the alternative documentation in lieu of a shipping
paper as required by the ICAO Technical Instructions. PHMSA received
comments from UPS and Alaska Airlines concerning removal of the
alternative document. UPS supported our proposed change to the
documentation requirement for packages containing smaller lithium
batteries transported in accordance with Sec.  173.185(c)(4)(v). UPS
also commented that the proposal to introduce a shipping paper
requirement for shipments offered under Sec.  173.185(c)(4)(v) could be
interpreted to conflict with the statement in the preceding paragraph
Sec.  173.185(c) that such shipments are excepted from the requirements
in subparts C through H of part 172. UPS suggests that Sec.  173.185(c)
should be clarified in this regard. We agree clarification is
warranted. Alaska Airlines commented that they would like to see
increased harmonization between the 49 CFR and ICAO TI with regard to
the documentation required while stating there is no reason to deviate
from the ICAO TI. We agree, and note that the amendments proposed do
provide for such consistency.
    Taking into account the comments from Alaska Airlines, PHMSA
confirmed that the proposed documentation amendments do align with the
requirements of the ICAO TI. However, in this final rule PHMSA is
revising Sec.  173.185(c)(4)(v) as suggested by UPS for clarity. This
editorial amendment will clarify that packages offered in accordance
with Sec.  173.185(c)(4)(v) are subject to the shipping paper
requirements of subpart C of Part 172.
    At the April 2014 meeting, the ICAO Working Group on Lithium
Batteries, forbade the shipment of lithium metal cells and batteries as
cargo on passenger aircraft with the exception of lithium metal cells
and batteries packed with or contained in equipment not exceeding 5 kg
net weight. This prohibition of lithium metal batteries as cargo on
passenger aircraft is consistent with current HMR requirements. As a
consequence to this prohibition, Section II of Packing Instruction 968
in the ICAO TI was amended to require shipments of small lithium metal
cells and batteries to display the ``CARGO AIRCRAFT ONLY'' label where
previously only a lithium battery handling marking was required.
Presently under the HMR, a package containing such lithium metal cells
or batteries as provided in Sec.  173.185(c)(1)(iii), is required to be
marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD
PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR
TRANSPORT ABOARD PASSENGER AIRCRAFT.'' In this final rule, PHMSA is
providing an alternative to the existing marking requirement in Sec.
173.185(c)(1)(iii) with the option to display a ``CARGO AIRCRAFT ONLY''
label. This allowance to either utilize the current marking or the
``CARGO AIRCRAFT ONLY'' label provides shippers with the flexibility to
utilize supplies of preprinted markings or packagings, while also
allowing shippers to transition to the use of the ``CARGO AIRCRAFT
ONLY'' if desired.
    PHMSA received comments from UPS and COSTHA in support of the
proposal. UPS also commented that the provision in this paragraph
excepting lithium metal cells or batteries packed with or contained in
equipment in quantities ``less than 5 kg net weight'' from the Sec.
173.185(c)(1)(iii) marking requirement differs slightly in wording from
the current ICAO TI and previous requirements of the HMR. In this final
rule, PHMSA is revising Sec.  173.185(c)(1)(iii) as proposed in the
NPRM with an additional editorial revision to clarify that lithium
metal cells or batteries packed with or contained in equipment in
quantities ``not exceeding'' as opposed to ``less than'' 5 kg net
weight are not subject to the marking or ``CARGO AIRCRAFT ONLY'' label
requirement. This provides editorial consistency with the provisions of
the ICAO TI.
Section 173.199
    In this final rule, PHMSA is revising the specifications for the
Category B infectious substance marking in Sec.  173.199(a)(5) to be
consistent with the revised specifications for these markings in the UN
Model Regulations. Also consistent with the UN Model Regulations, to
allow manufacturers and printers necessary time to produce markings
that conform to the revised specifications, and to allow for the
depletion of supplies of existing markings, we are adopting a
transitional period to authorize a Category B infectious substance
marking that is in conformance with the requirements of the regulations
in effect on December 31, 2014, to be used until December 31, 2016. For
domestic transportation, we are authorizing a packaging marked with a
Category B infectious substance marking prior to January 1, 2017 and in
conformance with the requirements of the regulations in effect on
December 31, 2014, to continue in service until the end of its useful
life.
Section 173.225
    This section prescribes packaging requirements and other provisions
for organic peroxides. In this final rule, PHMSA is revising the
Organic Peroxide Portable Tank Table in paragraph (g). PHMSA is
revising the entry in the second column of the table pertaining to the
hazardous material ``Peroxyacetic acid, distilled, stabilized, not more
than 41%'' to include a Note 1, that a ``Corrosive'' subsidiary risk
placard is required.'' The adoption of this requirement is consistent
with the requirements in the UN Model Regulations.
Section 173.231
    Currently, the Sec.  172.101 HMT Column (8B) packaging
authorization for Ammonium nitrate emulsion, suspension, or gel,
UN3375, directs the reader to Sec.  173.214 which requires that
packagings and methods of shipment must be approved by the Associate
Administrator prior to the first shipment. In this final rule, PHMSA is
adding a new Sec.  173.231 titled ``Ammonium nitrate emulsion,
suspension, or gel'' and assigning this section to UN3375 to authorize
and prescribe the use of non-bulk packagings for this material. The
requirements of the new section are

consistent with the requirements in the UN Model Regulations.
Section 173.251
    Currently, the Sec.  172.101 HMT Column (8C) packaging
authorization for Ammonium nitrate emulsion, suspension, or gel,
UN3375, directs the reader to Sec.  173.214 which requires that
packagings and method of shipment must be approved by the Associate
Administrator prior to the first shipment. In this final rule, PHMSA is
adding a new Sec.  173.251 titled ``Bulk packaging for ammonium nitrate
emulsion, suspension, or gel'' and assigning this section to UN3375 to
authorize and prescribe the use of IBC's for this material. The
requirements of the new section are consistent with the requirements in
the UN Model Regulations.
Section 173.301b
    In this final rule, PHMSA is revising paragraph (c) relating to
pressure receptacle valve requirements to include that a valve
manufactured on or before December 31, 2008, conforming to the
requirements in ISO 10297:1999 is authorized. This proposed revision is
consistent with the requirements in the UN Model Regulations. The
redesignation of several paragraphs in Sec.  178.71 requires an
amendment to paragraph (g) of Sec.  173.301b. The current reference for
marking requirements for cylinders manufactured in accordance with the
requirements for underwater use direct the user to Sec.  178.71(o)(17).
This citation is incorrect prior to the publication of this rule and
should have been (p)(18). With the redesignation of Sec.  178.71(p) as
paragraph (q), this reference is being changed to Sec.  178.71(q)(18).
Section 173.302
    In this final rule, PHMSA is adopting the new UN Model Regulation
requirements for the transportation of adsorbed gases in cylinders.
This section specifies requirements for the filling of cylinders with
non-liquefied (permanent) compressed gases. PHMSA is amending the title
of this section and paragraph (a) to include and specify requirements
for the transportation of adsorbed gases.
Section 172.302c
    In this final rule, PHMSA is adding a new Sec.  173.302c to adopt
the new authorization in the UN Model Regulations for the
transportation of adsorbed gases in UN pressure receptacles. The
adoption of these requirements into this new section is consistent with
the requirements in the UN Model Regulations.
Section 173.307
    Section 173.307 provides exceptions from the regulations for
compressed gases. In this final rule, PHMSA is revising paragraph
(a)(5) relating to manufactured articles or apparatuses to clarify that
the exception for manufactured articles does not include light bulbs.
The exceptions for light bulbs are contained in the new Sec.  173.11
relating to exceptions for shipment of light bulbs containing hazardous
materials. Also, we are revising paragraph (a)(6) relating to light
bulbs to clarify that the exceptions do not apply to light bulbs as
described in the new Sec.  173.11 relating to exceptions for shipment
of light bulbs containing hazardous materials.
Section 173.309
    Section 173.309 prescribes requirements for fire extinguishers. In
this final rule, we are adding a new introductory paragraph describing
fire extinguisher types authorized for transport in accordance with
this section and covered by the HMT entry ``UN1044, Fire
extinguishers.'' PHMSA received one comment from UPS providing general
support for the proposed amendments as proposed.
Section 173.403
    Consistent with the UN Model regulations, in this final rule, PHMSA
is revising two definitions in Sec.  173.403 relating to the
transportation of Class 7 (Radioactive Materials). ``Exclusive Use'' is
revised to clarify that it also applies to the shipment of the load and
that exclusive use only applies when compliance is required by the
regulations. ``Freight Container'' is revised to eliminate the
requirement that a ``small freight container'' has one outer dimension
less than 1.5 m (4.9 feet).
Section 173.415
    Section 173.415 authorizes Type A packages for the transport of
Class 7 (radioactive) materials. In this final rule, PHMSA is amending
paragraph (d) to reflect the incorporation by reference (IBR) of the
IAEA Regulations for the Safe Transport of Radioactive Material, SSR-6
2012 Edition. Please see the Section-by-Section Review under Sec.
171.7 for a discussion of the incorporation by reference.
Section 173.416
    Section 173.416 authorizes Type B packages for the transport of
Class 7 (radioactive) materials. In this final rule, PHMSA is amending
paragraph (b) to reflect the incorporation by reference (IBR) of the
IAEA Regulations for the Safe Transport of Radioactive Material, SSR-6
2012 Edition. Please see the Section-by-Section Review under Sec.
171.7 for a discussion of the incorporation by reference.
Section 173.417
    Section 173.417 authorizes fissile materials packages for the
transport of Class 7 (radioactive) materials. In this final rule, PHMSA
is amending paragraphs (a)(1)(iii) and (b)(2) to reflect the
incorporation by reference (IBR) of the IAEA Regulations for the Safe
Transport of Radioactive Material, SSR-6 2012 Edition. Please see the
Section-by-Section Review under Sec.  171.7 for a discussion of the
incorporation by reference.
Section 173.420
    Section 173.420 prescribes the transport conditions for uranium
hexafluoride. In this final rule, PHMSA is amending this paragraph to
note that fissile-excepted shipments less than 0.1 kg may be offered
under UN3507. These requirements align with IAEA SSR-6 requirements,
while maintaining general packaging requirements from Sec. Sec.  173.24
and 173.24a.
Section 173.435
    Section 173.435 provides a table of A1 and A2
values for radionuclides for Class 7 (radioactive) materials. In this
final rule, PHMSA is amending note \a\ to the table to reflect the
incorporation by reference (IBR) of the IAEA Regulations for the Safe
Transport of Radioactive Material, SSR-6 2012 Edition. Please see the
Section-by-Section Review under Sec.  171.7 for a discussion of the
incorporation by reference.
Section 173.466
    Section 173.466 specifies additional tests for Type A packagings
designed for liquids and gases. During the review of this section, we
found that paragraphs (a)(1) and (a)(2) were inadvertently removed in a
final rule published in the Federal Register on July 11, 2014 (79 FR
40589; HM-250). As a result, PHMSA is reinstating (a)(1) and (a)(2) as
they read prior to publication of the HM-250 final rule.
Section 173.473
    Section 173.473 provides the requirements for foreign made packages
for the transport of Class 7 (radioactive) materials. In this final
rule, PHMSA is amending the introductory paragraph and paragraph (a)(1)
to reflect the incorporation by reference (IBR) of the

IAEA Regulations for the Safe Transport of Radioactive Material, SSR-6
2012 Edition. Please see the Section-by-Section Review under Sec.
171.7 for a discussion of the incorporation by reference.

Part 175

Section 175.9
    Section 175.9 prescribes the applicability of the HMR to special
aircraft and rotocraft operations. This section also prescribes the
conditions under which certain operations may be performed in
accordance with 14 CFR and 49 CFR (e.g., avalanche and weather
control). Consistent with the ICAO TI, in this final rule, PHMSA is
revising paragraphs (b)(6) and (b)(6)(v) by including ``ice jam
control'' and ``landslide clearance'' for operations where explosives
are used in a similar manner to avalanche control.
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 TI, in this final rule,
PHMSA is making several revisions to this section.
    PHMSA is revising paragraph (a)(11), applicable to passenger
provisions for self-inflating life jackets, to include different types
of self-inflating personal safety devices in order to account for those
carried by, but not limited to, motorcycle and horseback riders. In
addition, PHMSA is clarifying that a passenger is limited to one self-
inflating safety device, in addition to two spare cartridges, and is
requiring that both the safety device and spares be packed in such a
manner that they cannot be accidently activated.
    PHMSA is adding a new subparagraph (a)(18)(iv) to clarify that
articles containing lithium metal or lithium ion cells or batteries,
with a primary function to provide power to another device, must be
carried as spare batteries in accordance with the provisions of this
paragraph. Examples of such articles are portable power banks, portable
charging stations, portable battery chargers, portable rechargers,
back-up battery power stations, battery power packs, and auxiliary
power sources containing lithium batteries. During the review of this
provision, we found that the preceding paragraph (a)(18)(iii) was
inadvertently removed in a final rule published in the Federal Register
on August 6, 2014 (79 FR 46011; HM-224F). As a result, PHMSA is
reinstating (a)(18)(iii).
    PHMSA is revising paragraph (a)(24), applicable to small cartridges
for other devices, by amending the phrase ``small cylinders'' to
``small cartridges,'' and restricting the carriage of small gas
cartridges to only those without a subsidiary risk. The existing
operator approval requirement was moved to make it more clearly align
with the ICAO TI.
Section 175.25
    Section 175.25 prescribes the notification that operators must
provide to passengers regarding restrictions on the types of hazardous
material they may or may not carry aboard an aircraft on their person
or in checked or carry-on baggage. Consistent with revisions to the
ICAO TI, in this final rule, PHMSA is revising paragraph (b) as
follows: (1) For all ticket purchases, clarify that the hazardous
materials notification must be presented at the point of ticket
purchase, or if this is not practical, made available to passengers in
another manner prior to the check-in process and; (2) for such internet
purchases, require that the final ticket purchase cannot be completed
until the passenger or a person acting on the passenger's behalf has
been presented with this information, in addition to the existing
requirement to indicate that they understand the restrictions on
hazardous materials in baggage. PHMSA is revising paragraph (c) as
follows: (1) Replace the text ``provided'' with ``presented'' to make
it clear that passengers must see information on the types of hazardous
material forbidden to be transported before proceeding with check-in
and; (2) require that the check-in process cannot be completed until
the passenger or a person acting on the passenger's behalf has been
presented with the hazardous materials information, in addition to the
existing requirement to indicate that they understand the restrictions
on hazardous materials in baggage. It was reported that some operators
published the required information in areas on a Web site that were not
always visible to the passenger, believing that this met the
requirement of being ``provided.''
    In paragraphs (b) and (c) PHMSA is removing the present effective
dates of January 1, 2015 and the word ``phone'' used as an example of a
ticket purchase or check-in completed remotely. Furthermore, PHMSA is
removing the words ``regardless if the process is completed remotely
(e.g., via the Internet and Phone) or when completed at the airport,
with or without assistance from another person (e.g., automated check
in facility)'' in order to bring paragraph (b) into full alignment with
7;5.1.1 of the ICAO TI. By removing the examples in conjunction with
other revisions to paragraph (b) it is now clear that passenger
notification is required for all ticket purchases; however, for
assisted ticket purchase transactions via the telephone, the hazardous
materials information may be provided to the passenger using any
suitable method prior to the check-in process and passenger
acknowledgement is not required. These revisions represent full
harmonization with the ICAO TI and additional flexibility in meeting
the passenger notification requirements and, therefore, the previous
effective date of January 1, 2015 is waived as of publication of the
rule.
    In addition, the revision is consistent with a petition for
rulemaking (P-1623) filed by COSTHA since it provides clarification for
ticket purchases made via the telephone, permitting the hazardous
materials notification to be made available in another manner to
passengers prior to the check-in process.
    PHMSA received comments from Jeffery Richmond, COSTHA, and the ASTA
on the proposed amendments. Jeffery Richmond and ASTA both provide
general support for the amendments. Mr. Richmond notes that the changes
as proposed would bring Sec.  175.25(b) into full compliance with the
ICAO TI. COSTHA also provided support for the proposed amendments, but
would like to note that there is a question of how the Advisory
Circular (AC) will be drafted after implementation date of the final
rule. COSTHA further asked if the FAA will continue to update the
circular after the final rule comes into force or if this guidance
information be eliminated. Lastly, COSTHA asked if PHMSA would continue
to communicate with the FAA in the future on this issue.
    The FAA chartered an Aviation Rulemaking Committee (ARC), which
then developed recommendations for an AC on Passenger Notification of
Hazardous Materials Regulations. PHMSA notes that the referenced ARC
recommendations were submitted to the FAA on November 1, 2013, and a
request for comments was issued by the FAA in the Federal Register on
March 4, 2014 (See 79 FR 12133). The ARC recommendations are considered
open pending FAA review and are beyond the scope of this rulemaking.
PHMSA will continue to communicate with the FAA on all matters relating
to the safe transportation of hazardous materials by aircraft.
Section 175.30
    Section 175.30 prescribes inspection procedures for operators.
Paragraph

(e)(1) prohibits an overpack from containing a package bearing the
``CARGO AIRCRAFT ONLY'' label unless certain conditions are met and the
overpack affords clear visibility of and easy access to the package
contained within. In this final rule, PHMSA is removing paragraph
(e)(1) consistent with revisions made to the ICAO TI in which current
provisions require accessibility to the overpack when loaded aboard an
aircraft, not the individual packages contained within, making
reference to packages redundant. As the loading requirements in Sec.
175.75(d)(1) require a package bearing the ``CARGO AIRCRAFT ONLY''
label to be accessible once loaded on the aircraft, but do not require
that they are visible, the requirements in (e)(1) place an unnecessary
burden on offerors without any additional safety function in the
loading process.
    Paragraph (a)(5) states that no person may accept for
transportation aboard an aircraft shipments of lithium batteries
described with an alternative written document authorized in Sec.
173.185(c)(4)(v) unless the aircraft operator ensures the hazardous
material is described on alternative written documentation when
authorized in accordance with Sec.  173.185(c)(4)(v). The removal of
the alternative written document from Sec.  173.185(c)(4)(v)
necessitates the removal of this paragraph.
    PHMSA received comments from COSTHA and UPS addressing our proposed
amendments to Sec.  175.30. COSTHA supported the removal of (e)(1)
noting that this requirement is not relevant and leads to confusion.
COSTHA also supported the removal of (a)(5) as the allowance of an
alternate document in the HMR would create significant confusion for
air carrier acceptance agents. UPS supports the amendments as proposed
in the interest of global consistency.
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.
    With the exception of package type, paragraph (a)(1)(i) currently
requires any additional shipping paper description requirements
provided in Sec. Sec.  172.202, and 172.203 to be included on the
notification of the pilot-in-command. Section 172.203(k) requires the
use of technical names for ``n.o.s.'' and generic descriptions for
proper shipping names identified by the letter ``G'' in column (1) of
the Sec.  172.101 Table. In this final rule, PHMSA is revising
paragraph (a)(1)(i) to state that technical names are not required to
be provided on the notification of pilot-in-command. This clarification
aligns the HMR with changes adopted in the ICAO TI and supports the
overall goal of harmonization. Harmonization of the notification of
pilot-in-command requirements ensures consistency across all air
operators thus reducing impediments in commerce and reducing costs
associated with training to two different sets of standards. In
addition, the technical name is not referenced in the Emergency
Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc
9481) or the North American Emergency Response Guidebook (ERG). The
ICAO panel determined that the technical names provided little benefit
to safety, particularly during the initial stage of emergency response
while the number of materials requiring a technical name is on the
rise, thereby increasing the burden on operators to provide this
information. In addition, the technical name is not referenced in the
Emergency Response Guidance for Aircraft Incidents Involving Dangerous
Goods (Doc 9481) or the North American Emergency Response Guidebook
(ERG).
    Paragraphs (a)(12) and (c)(5) both mention the alternative written
document authorized in Sec.  173.185(c)(4)(v). The removal of the
alternative written document from Sec.  173.185(c)(4)(v) necessitates
the removal of these paragraphs. Any information required to be a part
of the notification of the pilot-in-command previously under paragraph
(a)(12) will be detailed on a shipping paper and be included on the
notification of the pilot-in-command.
    PHMSA received two comments concerning our proposed amendments to
Sec.  175.33. COSTHA and UPS support the removal of the technical name
from the notification of pilot-in-command requirements.
Section 175.630
    Section 175.630 prescribes special requirements for Division 6.1
(Toxic) and 6.2 (Infectious) materials in the HMT. Consistent with
revisions to the ICAO TI, in this final rule, PHMSA is removing
paragraph (a) which prescribes segregation requirements for certain
Division 6.1 or Division 6.2 materials in the same compartment of an
aircraft with material marked as or known to be a foodstuff, feed, or
any other edible material intended for consumption by humans or
animals. At the time these segregation requirements were initially
included in the ICAO TI and the HMR, the packing instructions were much
less detailed than they are at present. The UN Model Regulations do not
impose segregation requirements for Division 6.2 infectious substances.
The segregation requirements for infectious substances under the ICAO
TI and HMR only apply to UN2814 and UN2900 which already require robust
triple packagings. For Division 6.1, the UN Recommendations allow the
segregation requirements to be relaxed for substances in Packing Groups
II and III, provided the competent authority is satisfied that the
packing and segregation are adequate to prevent contamination. In
addition, the inspection procedures prescribed in Sec.  175.30 require
a physical check to ensure that the packagings are free from damage.
The revisions adopted in this final rule are consistent with a petition
for rulemaking (P-1631) filed by UPS, Inc., who voiced strong support
for such action.
    PHMSA received comments from COSTHA, DGAC, and UPS concerning our
proposed removal of the segregation requirement. Both COSTHA and UPS
support this proposal. DGAC commented that authorizing materials
identified as Division 6.1 or 6.2 to be loaded in the same compartment
as materials known to be food or foodstuffs may have a disruptive and
underappreciated effect on companies that must operate under Food
Safety Management Systems. The possibility of mixed loads of food
products and Class 6 materials will require a re-evaluation of Hazard
Analysis and Critical Control Point (HACCP) plans for companies
shipping food in the air mode. PHMSA has reviewed the removal of the
segregation requirement with regard to the effect on HACCP plans and
has determined that the removal of Sec.  175.630(a) is suitable for
incorporation as proposed. To ensure consumers do not get sick, an
HACCP plan requires companies shipping food to identify critical
control points and establish safety protocols. These critical control
points include transportation and transportation related activities
such as temperature control during transit, storage, loading, unloading
and physical security. Our review has determined that HACCP plan
requirements are not specific to any particular hazardous material
class when properly packaged in accordance with the HMR or
corresponding international standard.
Section 175.705
    Section 175.705 prescribes requirements for aircraft that have been
contaminated with radioactive material and the procedures that must be

followed prior to returning the aircraft to service. Consistent with
revisions to the ICAO TI, in this final rule, PHMSA is revising
paragraph (c) by stating that the dose rate at every accessible surface
``must not exceed'' 0.005 mSv per hour, where it presently states ``is
less than.''

Part 176

Section 176.80
    Section 176.80 details segregation requirements in addition to any
segregation requirements set forth elsewhere in subchapter C. In this
final rule, PHMSA is adopting a prohibition on stowing goods of
Division 1.4, compatibility group S, in the same compartment, hold, or
cargo transport unit with hazardous materials of Class 1 of
compatibility groups A and L. Limited quantity shipments are currently
excepted from segregation requirements for vessel transport by both the
IMDG Code and the HMR. The IMO noted that when creating this exception,
a long standing prohibition on stowing limited quantity goods of
Division 1.4, compatibility group S, in the same compartment, hold, or
cargo transport unit with hazardous materials of Class 1, compatibility
groups A and L, was not carried over into amendment 36-12 of the IMDG
Code. Amendment 37-14 of the IMDG Code reinstates these segregation
provisions, and PHMSA is adopting an equivalent change.
Section 176.83
    Section 176.83 details segregation requirements for hazardous
materials vessel transport. Paragraph (b) includes a table for users to
determine segregation requirements between various Classes (Divisions)
of hazardous materials. In this final rule, PHMSA is amending the
segregation requirements for vessel transportation between hazardous
materials of Class 4.3 (dangerous when wet) and Class 2.1 (flammable
gas), and Class 3 (flammable liquid). Changes in the segregation table
in paragraph (b) are to change the segregation requirements between
goods of Class 4.3 and Class 2.1 from an ``x'' (segregation, if any, is
shown in the Sec.  172.101 table) to a ``2'' (separated from), and
between goods of Class 4.3 and Class 3 from a ``1'' (away from) to a
``2'' (separated from). The meaning of these terms differs depending on
the method of transport onboard a vessel (shipping break-bulk cargo
versus segregation of cargo transport units on board container
vessels). PHMSA assumes the majority of commodities transported by
vessel that will be affected are offered in closed cargo transport
units (CTU).
    The segregation changes adopted in this final rule are based on
amendments adopted by the IMO and are aimed at enhancing efforts to
prevent the spread of fire in an emergency situation. Fire
extinguishing methods available to vessel crews are often quite
limited. Due to these limited fire extinguishing options, the only
recommended option to control the consequences of a fire originating
from these goods is to let the fire burn and to prevent the spread of
fire to other cargo or equipment which is crucial for the safe
operation of the ship. These changes are intended to address situations
where a fire originates in a shipment of flammable liquids or gases and
is likely to spread to goods which cannot be extinguished, or when a
fire originates in goods which cannot be extinguished and threatens to
spread to highly flammable goods. The new segregation distances will
enhance efforts to control the emergency situation.
    PHMSA received one comment from IVODGA fully supporting the
amendments as proposed.
Section 176.84
    Section 176.84 prescribes the meanings and requirements for
numbered or alpha-numeric stowage provisions for vessel shipments
listed in column 10B of the Sec.  172.101 Hazardous Materials Table.
The provisions in Sec.  176.84 are broken down into general stowage
provisions whose meanings are defined in the ``table of provisions'' in
paragraph (b), and the stowage provisions applicable to vessel
shipments of Class 1 explosives, which are defined in the table to
paragraph (c)(2).
    In this final rule, PHMSA is amending the title of the section to
note that the codes in column 10B address not only codes for stowage
requirements, but also handling requirements that need to be observed
during loading of the hazardous materials. PHMSA is also creating
footnote 3 and assigning it to stowage provision 12 and 13. Footnote 3
is added to note that these provisions apply not only to stowage of the
cargo transport unit, but also to the loading of hazardous materials
into the cargo transport unit.
    PHMSA is additionally creating new stowage provisions 147 and 148
consistent with changes adopted in Amendment 37-14 of the IMDG Code.
Stowage provision 147 is adopted to read ``Stow ``separated from''
flammable gases and flammable liquids.'' Stowage provision 148 is
adopted to read ``In addition: from flammable gases and flammable
liquids when stowed on deck of a containership a minimum distance of
two container spaces athwartship shall be maintained, when stowed on
ro-ro ships a distance of 6 m athwartship shall be maintained.''
Section 176.905
    Section 176.905 prescribes specific requirements for motor vehicles
or mechanical equipment powered by internal combustion engines that are
offered for transportation and transported by vessel. In this final
rule, PHMSA is proposing to align our exceptions with those recently
adopted by the IMO.
    PHMSA is amending paragraphs (i)(1), (i)(2), (i)(4), and (i)(5) to
require as a condition of exception from the subchapter that batteries
installed in motor vehicles or mechanical equipment powered by internal
combustion engines be protected from short circuit. PHMSA is also
revising paragraph (i)(2), which provides conditions that must be met
for vehicles or mechanical equipment with an internal combustion engine
that uses liquid fuel with a flashpoint of 38 [deg]C
(100[emsp14][deg]F) or higher. Currently up to 418 L (110 gallons) may
remain in the equipment or vehicle, and if other noted conditions are
met the vehicle is excepted from all other requirements of subchapter
C. PHMSA is raising this fuel threshold to 450 L (119 gallons).
    PHMSA is adding paragraph (i)(6) to add exceptions for fuel cell
powered vehicles or mechanical equipment with an internal combustion
engine powered by fuel cells. When the engine is protected from
inadvertent operation by closing fuel supply lines or by other means,
and the fuel supply reservoir has been drained and sealed, the vehicle
or mechanical equipment is excepted from the requirements of subchapter
C.
    PHMSA received one comment from IVODGA fully supporting the
proposed changes to Sec.  176.905 and relevant exceptions as well as
the proposed clarifications as presented. IVODGA noted that ``by
requiring the batteries to be protected from short circuiting, and to
increase the amount of fuel to the maximum of 119 liters would
effectively create a uniform standard and eliminate frustrated
shipments where prior differences created different requirements.''

Part 178

Section 178.71
    Consistent with the UN Model Regulations, in this final rule PHMSA
is revising paragraph (a) to clarify that UN pressure receptacles and
service equipment constructed according to the standards applicable at
the date of

manufacture may continue in use subject to the continuing qualification
and maintenance provisions of part 180 of the subchapter.
    PHMSA is revising paragraphs (d)(2), (g), and (k) to reflect the
adoption of the latest ISO standards for the design, construction, and
testing of gas cylinders and their associated service equipment. These
paragraphs also contain end dates when cylinders and service equipment
are no longer authorized to be manufactured in accordance with the
outdated ISO standard. PHMSA received one comment from Sally Mitchell
questioning the accuracy of the statement in Sec.  178.71(d)(2),
``Until December 31, 2008, the manufacture of a valve conforming to the
requirements in ISO 10297:1999 (IBR, see Sec.  171.7 of this
subchapter) is authorized.'' This statement is accurate and consistent
with the language contained in the UN Model Regulations to authorize
valves that were manufactured prior to January 1, 2009 and conform with
the requirements of ISO 10297:1999. Sally Mitchell also suggested
revising Sec.  178.71(g)(1), (g)(2) and (g)(3) to permit the continued
manufacture of a cylinder conforming to the requirements of the
applicable the 1999 publication of ISO 9809-1 and the 2000 publication
of ISO 9809-2 and 9809-3 until the later of December 31, 2018 or 10
years from the initial DOT design approval to allow manufacturers to
recover their type approval expenses over the 10 year life of the
approval instead of just 4 years. PHMSA does not believe this change is
necessary, as a design approval is independent of the regulations and
is authorized for the valid life of the approval regardless of the
limitations imposed by the regulations.
    Consistent with the UN Model Regulations PHMSA is adding a new
paragraph (n) and redesignating existing paragraphs (n) through (s).
The new paragraph (n) adopts design and construction requirements of UN
cylinders for the transportation of adsorbed gases, consistent with
those adopted into the UN Model Regulations.
    Consistent with the UN Model Regulations, PHMSA is revising the
redesignated paragraph (o) to adopt the current ISO standards relating
to material compatibility.
    Paragraphs (r) and (t) are being revised to change references to
paragraph (p) to the newly redesignated paragraph (q).
    Finally, PHMSA is adding new paragraphs (u) and (v) to adopt the
marking requirements for bundles of cylinders that have been adopted in
the UN Model regulations.
Section 178.75
    Consistent with the UN Model Regulations, PHMSA is revising
paragraph (d)(3) to reflect the adoption of the latest ISO standards
for the design, construction, and testing of gas cylinders that are
part of multiple-element gas containers (MEGCs). This paragraph also
contains end dates when the cylinders that are part of MEGCs are no
longer authorized to be manufactured in accordance with the outdated
ISO standard.
Section 178.703
    The UN Model Regulations have adopted revisions to clarify and
standardize the specifications for markings, including the marking of
IBCs, and to promote the uniformity of markings throughout the
international transportation community. In this final rule, PHMSA is
revising the specifications for the markings prescribed in Sec.
178.703(b)(7)(iii) to be consistent with the UN Model Regulations. Also
consistent with the UN Model Regulations, a transitional period is
being proposed to authorize markings in conformance with the
requirements of this paragraph in effect on December 31, 2014, to
continue to be applied to all IBCs manufactured, repaired or
remanufactured between January 1, 2011 and December 31, 2016. For
domestic transportation, we are authorizing an IBC marked prior to
January 1, 2017 and in conformance with the requirements of the
regulations in effect on December 31, 2014, to continue in service
until the end of its useful life.
    PHMSA received one comment from RIPA providing general support for
the amended IBC stacking or not designed for stacking marking
specifications. RIPA did however recommend PHMSA extend the requirement
to mark IBCs with the stacking or not designed for stacking mark to
include IBC's undergoing routine maintenance. Currently the HMR
requires this marking to be applied to all IBCs manufactured, repaired,
or remanufactured prior to January 1, 2011. The amendments proposed in
the NPRM were consistent with those adopted by international standards.
Expanding the marking requirement to IBCs undergoing routine
maintenance was not the intent of this regulatory amendment and would
be inconsistent with the requirements of the international standards.
Section 178.910
    In this final rule, PHMSA is revising paragraph (a) relating to the
marking of large packagings to include markings for large salvage
packagings. Following the large packaging design type identification
code on a large packaging, a large salvage packaging conforming to the
requirements of subpart P of part 178 is to be marked with the letter
``T.'' This change is consistent with the UN Model Regulations.
    In addition, to promote the uniformity of markings throughout the
international transportation community, the UN Model Regulations have
adopted revisions to clarify and standardize the specifications for
markings, including the marking of large packagings and large salvage
packaging. In this final rule, PHMSA is revising the specifications for
the markings prescribed in Sec.  178.910(b). Also consistent with the
UN Model Regulations, we are adopting a transitional period to
authorize markings in conformance with the requirements of this
paragraph in effect on December 31, 2014, to continue to be applied to
all large packagings manufactured, repaired or remanufactured between
January 1, 2015 and December 31, 2016. For domestic transportation, we
are authorizing a large packaging marked prior to January 1, 2017 and
in conformance with the requirements of the regulations in effect on
December 31, 2014, to continue in service until the end of its useful
life.

Part 180

Section 180.207
    Section 180.207 prescribes the requirements for requalification of
UN pressure receptacles. Table 1 in paragraph (c) of Sec.  180.207
provides requalification intervals for UN pressure receptacles. In this
final rule, PHMSA is adding an additional entry to the end of Table 1
to prescribe a requalification interval of 5 years for UN culinders
used for adsorbed gases. This requalification period is consistent with
the requalification period adopted in the UN Model Regulations for the
use of these cylinders. Section 173.302c relating to authorization for
the use of cylinders for adsorbed gases directs the reader to this
section for the requalification period for these cylinders.
    A new paragraph (d)(5) provides that each UN cylinder used for
adsorbed gases must be inspected and tested in accordance with Sec.
173.302c and ISO 11513:2011. Both Sec.  173.302c and ISO 11513:2011
have been addressed in this final rule.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
This final rule amends regulations to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations and vessel stowage requirements. To this end, the final
rule amends the HMR to more fully align with the biennial updates of
the UN Model Regulations, the IMDG Code and the ICAO TI.
    Harmonization serves to facilitate international commerce and
promotes the safety of people, property, and the environment by
reducing the potential for confusion and misunderstanding that could
result if shippers and transporters were required to comply with two or
more conflicting sets of regulatory requirements. While the intent of
this rulemaking is to align the HMR with international standards, we
review and consider each amendment on its own merit based on its
overall impact on transportation safety and the economic implications
associated with its adoption into the HMR. Our goal is to harmonize
without sacrificing the current HMR level of safety and without
imposing undue burdens on the regulated community. Thus, as explained
in the corresponding sections above, we are not harmonizing with
certain specific provisions of the UN Model Regulations, the IMDG Code,
and the ICAO TI. Moreover, we are maintaining a number of current
exceptions for domestic transportation that should minimize the
compliance burden on the regulated community. Additionally, the U.S.
Coast Guard, U.S. Department of Energy, and U.S. Department of Interior
were consulted in the development of this rule.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation 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 final rule is
amending the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. As discussed in detail
above, PHMSA is incorporating changes into the HMR based on the 18th
Revised Edition of the UN Model Regulations, Amendment 37-14 to the
IMDG Code, and the 2015-2016 Edition of the ICAO TI, which becomes
effective January 1, 2015. The large volume of hazardous materials
transported in international commerce warrants the harmonization of
domestic and international requirements to the greatest extent
possible.

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures

    This final rule 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 final rule is not considered a significant rule under
the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034). Additionally, E.O. 13563 (``Improving
Regulation and Regulatory Review'') supplements and reaffirms E.O.
12866, stressing that, to the extent permitted by law, an agency
rulemaking action must be based on benefits that justify its costs,
impose the least burden, consider cumulative burdens, maximize
benefits, use performance objectives, and assess available
alternatives.
Benefits to Harmonization
    In an earlier regulatory evaluation,\3\ we estimated a proxy for
benefits of harmonization of the HMR with international standards of
$62 million. More specifically, this $62 million was estimated by
multiplying a hazard communication cost per dollar of hazardous
materials output--$0.001--by the value of hazardous materials involved
in international trade, as estimated by the proportion of trade (the
total of gross imports and gross exports) in the fuels and lubricants,
chemicals, and medicinal/dental/pharmaceutical products industries
($498 billion in 2010) \4\ that are hazardous products (i.e., 12.4
percent).\5\ \6\
---------------------------------------------------------------------------

    \3\ HM-215L: Hazardous Materials: Harmonization with
International Standards (RRR), Final Rule, Section V.B., 78 FR 1023
et seq., January 7, 2013.
    \4\ As reported in the quarterly trade data of the U.S. Bureau
of Economic Analysis, available at: http://www.bea.gov/international/detailed_trade_data.htm.
    \5\ U.S. Census Bureau's 2007 Commodity Flow Survey, Table 10.
    \6\ See Section V.B. for more detailed calculations of these
figures.
---------------------------------------------------------------------------

    For estimating benefits of this final rule, we follow a nearly
identical approach with updated data and using assumptions where
possible. 2012 Commodity Flow Survey data on hazardous materials are
not yet available as of the date of this regulatory evaluation.
    The 12.4 percent proportion of total shipment values classed as
hazardous materials estimated in the earlier regulatory evaluation may
have had a high-side bias due to the variety of different classes of
products classified as hazardous. In actuality, the percentage of
shipments properly classified as hazardous is likely lower,
particularly for medicinal/dental/pharmaceuticals. Here, we assume a
slightly lower proportion to arrive at an estimate of benefits of 10
percent.
    We update our estimate of value of hazardous materials involved in
international trade by using U.S. Trade in Goods seasonally adjusted,
Census-based total gross imports and gross exports in the fuels and
lubricants, chemicals, and medicinal/dental/pharmaceutical products
industries for the fourth quarter of 2013, the most recent quarter
available--
     Gross imports: $134 billion (rounded)
    [cir] Fuels and lubricants: $94.744 billion
    [cir] Chemicals: $18.637 billion
    [cir] Medicinal/dental/pharmaceutical products: $20.613 billion
     Gross exports: $85.8 billion (rounded)
    [cir] Fuels and lubricants: $44.301 billion
    [cir] Chemicals: $30.089 billion
    [cir] Medicinal/dental/pharmaceutical products: $11.416 billion
     Gross imports plus gross exports: $219.8 billion \7\
---------------------------------------------------------------------------

    \7\ Bureau of Economic Analysis, U.S. Department of Commerce,
U.S. Trade in Goods (IDS-0008), available at: http://www.bea.gov/international/detailed_trade_data.htm.
---------------------------------------------------------------------------

    Multiplying the quarterly estimate of $219.8 billion by 4 gives an
annual estimate of gross imports plus gross exports in the three
industries of $879.2 billion. Multiplying this 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 from adoption and
incorporation of international standards of $87.9 million (rounded)
annually.
    If U.S. regulations are not harmonized with international
standards, we estimate that it will cost U.S. companies an additional
$87.9 million per year to comply with both the HMR and the

international standards. Harmonizing the HMR with the international
standards, however, will avert these $87.9 million in additional costs,
and these averted costs are therefore considered the primary benefit
attributable to this rulemaking.
    Costs of Harmonization. The primary cost of updating references in
the U.S. HMR (to incorporate the most recent international hazardous
material standards) is the purchase of updated copies of the
international standards being incorporated by reference in the HMR.
These costs will be borne by offerors and transporters of hazmat if
this rulemaking were finalized.
    It is unknown how many individuals and firms involved in shipping
hazmat will purchase copies of these international standards as a
result of finalizing this rulemaking. We take a conservative approach
to estimating such a figure by using the number of shippers, carriers,
or other offerors or transporters of hazmat in commerce with a PHMSA
registration expiring in 2014 as a proxy. Currently, PHMSA's
registration database indicates 36,731 registrants as of May 20,
2014.\8\ Of these, 29,877 (approximately 81 percent) are small
businesses as defined by the U.S. Small Business Administration.
Further, 31,598 registrants (approximately 86 percent) indicated that
they offer or transport hazmat solely by highway.
---------------------------------------------------------------------------

    \8\ See PHMSA Hazardous Materials Registration Program
Registration Data Files, link available at http://www.phmsa.dot.gov/hazmat/registration, accessed on May 20, 2014.
---------------------------------------------------------------------------

    For conservative estimation purposes, if we that all registrants
will purchase copies of all publications, this indicates an estimated
cost of this amendment of $56.68 million (rounded, $1,543 cost of all
publications * 36,731 registrants). In reality, all of the ISO
standards incorporated will not be purchased by the majority of
shippers and carriers, and will likely only impact a small subset of
the regulated community. Further, it is likely that many companies will
purchase multiple copies of the IMDG Code and ICAO TI, rather than only
one copy. We do not believe we have sufficient data to estimate the
precise number of registrants. However, we use one copy per registrant
as a reasonably conservative estimate on costs of the proposed
rulemaking.
    However, further assuming that those who indicated that they offer
or transport in commerce hazmat only via highway, two publications
included in the $1,543 cost will not apply to such registrants (ICAO TI
[for air] and IMDG Code [by vessel]). Therefore, costs for the 31,598
highway-only registrants would total $32.99 million ($1,543--$155 [ICAO
TI]--$344 [IMDG Code] * 31,598 highway-only registrants).
Conservatively (i.e., overestimating costs and underestimating
benefits) assuming all other registrants (while acknowledging that, in
fact, some will purchase all standards copies and some will purchase
none) will purchase updated copies of all standards publications listed
here indicates a total cost of this Amendment 1 of $40.91 million,
incurred once ($32.99 million + $1,543 * [36,731 total registrants--
31,598 highway-only registrants], rounded).
    Net Benefit. Based on the discussions of benefits and costs
provided above, the estimated net benefit associated with the
international harmonization final rule (2137-AF05) is $47 million in
the first year after publication and $87.9 million in the second year
after publication. Please see the complete regulatory analysis, a copy
of which has been placed in the docket for this rulemaking, for a more
detailed analysis of the costs and benefits of this final rule.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule 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 hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local and Indian tribe requirements on certain covered
subjects, as follows:
    (1) The designation, description, and classification of hazardous
material;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
    This final 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 final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2015. If the changes in this final rule are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, would be at an economic disadvantage.
These companies would be forced to comply with a dual system of
regulations. The changes in this final rulemaking are intended to avoid
this result. Federal hazardous materials transportation 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 is setting the effective date of Federal preemption to be 90 days
from publication of this final rule.

D. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. This final rule applies to offerors and carriers of
hazardous materials, some of whom are small entities, such as chemical
manufacturers, users and suppliers,

packaging manufacturers, distributors, and training companies. As
discussed above, under Executive Order 12866, the majority of
amendments in this final rule should result in cost savings and ease
the regulatory compliance burden for shippers engaged in domestic and
international commerce, including trans-border shipments within North
America.
    Many companies will realize economic benefits as a result of these
amendments. Additionally, this final rule will relieve U.S. companies,
including small entities competing in foreign markets, from the burden
of complying with a dual system of regulations. Therefore, we certify
that these amendments will not have a significant economic impact on a
substantial number of small entities.
    This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA currently has approved information collection under Office of
Management and Budget (OMB) Control Number 2137-0034, ``Hazardous
Materials Shipping Papers and Emergency Response Information.'' We
anticipate that this final rule will result in an increase in the
annual information collection burden due to an increase in the number
of shipping papers prepared for packages containing batteries that
exceeds the number or quantity (mass) limits in the table shown in
Sec.  173.185(c)(4), but containing no more than 2.5 kg of lithium
metal cells or batteries or 10 kg of lithium ion cells or batteries per
package. Shipments utilizing this allowance currently provide
alternative documentation containing the name and address of the
offeror and consignee, the UN number, an indication of compliance with
this paragraph (c)(4) (or the applicable ICAO Packing Instruction), and
the number of packages and the gross mass of each package.
    This rulemaking identifies a revised information collection that
PHMSA will submit to OMB for approval based on the requirements in this
final rule. PHMSA has developed burden estimates to reflect changes in
this final rule, and estimates the information collection and
recordkeeping burden in this rule are as follows:
    OMB Control Number: 2137-0034.
    Annual Increase in Number of Respondents: 150.
    Annual Increase in Annual Number of Responses: 13,167.
    Annual Increase in Annual Burden Hours: 219.
    Annual Increase in Annual Burden Costs: $4,380.
    PHMSA will submit the revised information collection and
recordkeeping requirements to OMB for approval.

G. Regulation Identifier Number (RIN)

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

H. Unfunded Mandates Reform Act

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

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375,
requires that federal agencies analyze actions to determine whether the
action will have a significant impact on the human environment. The
Council on Environmental Quality (CEQ) regulations require federal
agencies to conduct an environmental review considering: (1) The need
for the action; (2) alternatives to the action; (3) probable
environmental impacts of the action and alternatives; and (4) the
agencies and persons consulted during the consideration process. 40 CFR
1508.9(b).
Description of Action
    Docket No. PHMSA-2013-0260 (HM-215M), Final Rule. The
transportation of hazardous materials in commerce is subject to the
HMR, issued under authority of Federal hazardous materials
transportation law, codified at 49 U.S.C. 5001 et seq. To facilitate
the safe and efficient transportation of hazardous materials in
international commerce, the HMR provides that both domestic and
international shipments of hazardous materials may be offered for
transportation and transported under provisions of the international
regulations.
Purpose and Need
    This action is necessary to integrate into the HMR recent changes
to the International Maritime Dangerous Goods Code (IMDG Code), the
International Civil Aviation Organization's Technical Instructions for
the Safe Transport of Dangerous Goods by Air (ICAO TI), and the United
Nations Recommendations on the Transport of Dangerous Goods--Model
Regulations (UN Model Regulations) effective January 1, 2015. If the
changes in this final 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. These companies
would be forced to comply with a dual system of transport regulations
that could result in shippers and carriers segmenting domestic and
international operations to accommodate differing requirements. The
changes to the HMR contained in this rulemaking are intended to avoid
this result.
    The intended effect of this action is to align the HMR with
international hazardous material transport standards and requirements
to the extent practicable in accordance with Federal Hazardous
Materials transportation law (49 U.S.C. 5210). When considering the
adoption of international hazardous material standards under the HMR,
PHMSA reviews and evaluates each amendment on its own merit, on the
basis of its overall impact on transportation safety, and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without diminishing the level of safety currently provided by
the HMR and without imposing undue burdens on the regulated public.
    In this final rule, PHMSA is amending the HMR 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. These revisions
are necessary to harmonize and align the HMR with recent amendments
adopted in the UN Model Regulations, IMDG Code, and the ICAO TI. The
amendments in this final rule are intended to facilitate the safe and
efficient transportation of hazardous materials in international
commerce, provide clarity to encourage and increase regulatory
compliance, and improve the efficacy of emergency

response in the event of a hazardous materials incident.
Alternatives
    In developing this rule, we considered the following alternatives:
No Action Alternative
    If PHMSA chose this alternative, it would not proceed with any
rulemaking on this subject and the current regulatory standards would
remain in effect.
Preferred Alternative
    This alternative is the current rule as it appears in this final
rule, applying to the transportation of hazardous materials by various
transport modes (highway, rail, vessel and aircraft). The amendments
included in this alternative are more fully addressed in the preamble
and regulatory text sections of this final rule. However, they
generally include:
    (1) Updates to references to various international hazardous
materials transport standards;
    (2) Amendments to the hazardous materials table to add, revise, or
remove certain proper shipping names, packing groups, special
provisions, packaging authorizations, bulk packaging requirements and
vessel stowage requirements;
    (3) Amendments to add and delete various substances to the list of
marine pollutants in Appendix B to Sec.  172.101;
    (4) Changes throughout the Part 173 packaging requirements to