[Federal Register Volume 66, Number 22 (Thursday, February 1, 2001)]
[Rules and Regulations]
[Pages 8644-8647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2185]



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Part III





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 171, 172, 173 and 176



Harmonization with the United Nations Recommendations and the 
International Maritime Dangerous Goods Code; Final Rule

  Federal Register / Vol. 66, No. 22 / Thursday, February 1, 2001 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173 and 176

[Docket No. RSPA-2000-7702 (HM-215D)]
RIN 2137-AD41


Harmonization With the United Nations Recommendations and the 
International Maritime Dangerous Goods Code

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule updates three incorporations by reference in 
the Hazardous Materials Regulations (HMR) to include the most recent 
amendments to the International Maritime Dangerous Goods Code (IMDG 
Code), the United Nations Recommendations on the Transport of Dangerous 
Goods (UN Recommendations) and the UN Recommendations Manual of Tests 
and Criteria. This action is necessary to facilitate the continued 
transport of hazardous materials in international commerce by vessel 
and to authorize compliance with the updated UN Recommendations and UN 
Recommendations Manual of Tests and Criteria when these international 
standards become effective. Action is being deferred on the proposal to 
incorporate the 2001-2002 edition of the International Civil Aviation 
Organization's Technical Instructions for the Safe Transport of 
Dangerous Goods by Air (ICAO Technical Instructions) because it will 
not be authorized for use until July 1, 2001.

DATES: Effective Date: July 1, 2001.
    Voluntary Compliance Date: Compliance with the regulations, as 
amended herein, is authorized as of January 1, 2001.
    Incorporation by Reference Date: The incorporations by reference of 
the publications listed in these amendments have been approved by the 
Director of the Federal Register as of July 1, 2001.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous 
Materials Standards, telephone (202) 366-8553, or Bob Richard, 
Assistant International Standards Coordinator, telephone (202) 366-
0656, Research and Special Programs Administration, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    On October 23, 2000, RSPA (hereafter, ``we'' and ``our'' means 
``RSPA'') published a notice of proposed rulemaking (NPRM) under Docket 
HM-215D (65 FR 63294) that proposed changes to more fully align the HMR 
with international regulations. Among the changes, we proposed to amend 
the HMR by incorporating by reference the most recent editions of the 
IMDG Code, the UN Recommendations and the UN Recommendations Manual of 
Tests and Criteria. With respect to these proposed amendments, we 
received about 25 comments from industry trade associations, an 
international supplier of industrial gases and chemicals and various 
other commenters.

Discussion of Comments

    Some commenters requested that we extend the December 22, 2000 
comment closing date. Several industry commenters requested a one- or 
two-month extension. One comment co-signed by 13 private organizations 
requested a six-month extension. Because of our intention to publish a 
subsequent final rule under Docket HM-215D before July 1, 2001, and in 
order to facilitate the international transportation of hazardous 
materials, we are not granting an extension of the comment period. 
However, as provided in 49 CFR 106.23, we will accept and consider 
late-filed comments to the extent practicable.
    The Hazardous Materials Advisory Council (HMAC) and an 
international supplier requested publication of a final rule to 
incorporate Amendment 30 to the IMDG Code by its effective date, 
January 1, 2001. We also received comments from industry trade 
associations supporting the proposal to incorporate by reference the 
International Atomic Energy Agency (IAEA) safety standard, 
``Regulations for the Safe Transport of Radioactive Material, No. ST-
1.'' The identification number ST-1 was revised to TS-R-1 following 
minor editorial revisions to the standards and will hereafter be 
referred to as TS-R-1.
    Several other commenters expressed opposition to adopting TS-R-1 
into the HMR. Several commenters also opposed adoption of the updated 
editions of the IMDG Code and the UN Recommendations because both 
incorporate TS-R-1. The commenters stated that adopting the radioactive 
standard would lower the level of safety and pose hazards to the 
public. They did not address the technical basis of TS-R-1 and provided 
no technical basis for their comments. We maintain that the risk 
associated with the transport of radioactive materials remains 
unchanged. Several of the commenters claimed that the TS-R-1's revised 
definition of radioactive material, in allowing certain ``exempt 
amounts,'' lowers the level of safety. We disagree. In TS-R-1, IAEA 
changed to a more scientific, radiation protection based definition 
that provides the same, if not a better, level of safety. This revised 
definition of radioactive material is calculated using an algorithm 
that ensures the doses received by hazardous materials employees and 
the general public are lower than allowed by the international 
radiation protection standards.
    Several commenters also stated that the requirements for Type B 
packagings are ``weakened'' in the TS-R-1. This is incorrect. The TS-R-
1 standards strengthen Type B packaging standards by adding immersion 
and crush testing to the previously required performance tests. In 
addition, the standards also place additional limits on the contents of 
Type B packaging when being transported by aircraft. Commenters also 
claimed that uranium hexafluoride packaging requirements are 
``weakened'' in TS-R-1. Again, this is incorrect. The criticality 
requirements for packages containing uranium hexafluoride did not 
change.
    Several commenters complained that sufficient time was not provided 
for the public to review the IAEA standards. The commenters also 
asserted that we provided no public access to the proposed rulemaking 
(HM-215D) or the materials proposed to be incorporated by reference and 
insisted that we supply them with the documents. We disagree. The new 
edition of the IAEA standards was published in December 1996, and 
copies were available by mid-1997. Furthermore, on December 28, 1999, 
we published an advance notice of proposed rulemaking (ANPRM) under 
Docket HM-230 (64 FR 72633) that solicited comments on the changes 
contained in TS-R-1. Readers were informed that copies of the standard 
could be obtained from the United States distributor, Bernan 
Associates, 4611-F Assembly Drive, Lanham, MD 20706-4391, telephone 
(301) 459-7666. Also, readers were informed that the standard was 
available for review in the RSPA Record Center located in Room 8421 of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC 20590-0001 
between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, 
except Federal holidays. Public dockets and written comments submitted 
to the docket may be reviewed at the Dockets Management

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System (DMS) located on the Plaza level of the Nassif Building or on-
line at the DMS web site at http://dms.dot.gov/. To aid persons in 
reviewing the changes in TS-R-1, we obtained permission from IAEA to 
publish certain portions of the standard and we made the information 
available for review at our DOT HazMat website at http://hazmat.dot.gov. Moreover, on March 1, 2000, we published in the Federal 
Register an ANPRM under Docket HM-230 (65 FR 11028) to extend the 
period for filing comments from March 29, 2000 to June 29, 2000.
    All rulemakings are published and accessible through the Federal 
Register in Washington, DC and our HazMat website. All materials 
proposed to be incorporated by reference are available for public 
inspection at the RSPA Records Center at the above address and times.
    Based on the above discussion, we maintain that adopting the IMDG 
Code and the UN Recommendations will not lower the safety standards for 
transporting radioactive materials in international commerce. 
Therefore, we are adopting the latest editions of the IMDG Code and the 
UN Recommendations as proposed.

Discussion of Amendments

    Due to an unanticipated delay in the publication of the NPRM and 
the 60-day comment period, which ended December 22, 2000, the issuance 
of a comprehensive final rule was not possible by January 1, 2001. 
Therefore, to avoid disruption for persons transporting hazardous 
materials in international commerce, we are issuing this final rule to 
amend the HMR by incorporating Amendment 30 to the IMDG Code, the 
eleventh revised edition of the UN Recommendations and the third 
revised edition of the UN Recommendations Manual of Tests and Criteria. 
Also, we are allowing voluntary compliance with these international 
standards from January 1, 2001.
    Because of the significant revisions contained in Amendment 30 to 
the IMDG Code, the International Maritime Organization authorizes, as 
an alternative, continued use of Amendment 29 to the IMDG Code until 
January 1, 2002. Thus this final rule adopts a similar provision. In 
addition, as proposed in the NPRM, we are revising Sec. 171.12(b)(3) to 
require that viscous flammable liquids, which are excepted from the 
IMDG Code when in packagings of less than 450 liters (118.9 gallons) 
capacity, must meet the requirements in the HMR. We are taking this 
action in this final rule because it coincides with the adoption of the 
IMDG Code.
    With respect to the ICAO Technical Instructions, ICAO approved an 
implementation date of July 1, 2001 for the 2001-2002 edition. The 
current 1999-2000 edition of the ICAO Technical Instructions remains in 
effect through June 30, 2001. The proposed incorporation by reference 
of the 2001-2002 edition of the ICAO Technical Instructions and all 
other changes proposed in the NPRM will be addressed in a subsequent 
final rule under Docket HM-215D.
    We are also making minor editorial amendments by adding a reference 
to ``see Sec. 171.7'' in sections containing the updated IBR references 
incorporated in this final rule based on a request from the Office of 
the Federal Register.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 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].

B. 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 would preempt 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-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on certain covered 
subjects. Covered subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials 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; or
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject items (1), (2), (3), and 
(5) above and would preempt State, local, and Indian tribe requirements 
not meeting the ``substantively the same'' standard.
    Federal hazardous materials transportation law provides at 
Sec. 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. 
The effective date of Federal preemption will be 180 days from 
publication of a final rule in the Federal Register.

C. Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13084 do not apply.

D. Regulatory Flexibility Act

    This final rule updates three incorporations by reference, the 
eleventh revised edition of the UN Recommendations, the 2001-2002 ICAO 
Technical Instructions, and Amendment 30 to the IMDG Code. The changes 
in this rule apply to offerors and carriers of hazardous materials and 
will facilitate the transportation of hazardous materials in 
international commerce by providing consistency with international 
requirements. This final rule is necessary to incorporate changes in 
international standards that become effective on January 1, 2001. If 
the changes in this final rule are not adopted in the HMR, U.S. 
companies, including numerous small entities competing in foreign 
markets, will be at an economic disadvantage. The changes are intended 
to avoid this result. The costs associated with this final rule are 
considered to be so minimal as to not

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warrant preparation of a regulatory impact analysis or regulatory 
evaluation. Therefore, I certify that this final rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

E. Paperwork Reduction Act

    This final rule contains no new information collection burdens.

F. 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 number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

G. 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 
$100 million or more to either State, local or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive 
materials, Reporting and recordkeeping requirements.
    In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    2. In Sec. 171.7, in the paragraph (a)(3) table:
    a. Under the entry ``International Maritime Organization (IMO)'', a 
new entry is added in alphabetical order; and
    b. Under the entry ``United Nations'', the existing entries are 
removed and new entries are added in alphabetical order.
    The additions read as follows:


Sec. 171.7  Reference material.

    (a) Matter incorporated by reference * * *
* * * * *
    (3) Table of material incorporated by reference. * * * 

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   Source and name of material                49 CFR reference
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*                  *                  *                  *
                  *                  *                  *
International Maritime
 Organization (IMO):
 
*                  *                  *                  *
                  *                  *                  *
International Maritime Dangerous   171.12; 172.401; 172.502; 173.21;
 Goods (IMDG) Code, 2000 edition,   176.2; 176.5; 176.11; 176.27;
 including Amendment 30-00          176.30.
 (English edition).
 
*                  *                  *                  *
                  *                  *                  *
United Nations:
 
*                  *                  *                  *
                  *                  *                  *
UN Recommendations on the          172.401; 172.407; 172.502; 173.24.
 Transport of Dangerous Goods,
 Eleventh Revised Edition (1999).
UN Recommendations on the          172.102; 173.21; 173.56; 173.57;
 Transport of Dangerous Goods,      173.124; 173.128; 173.166; 173.185.
 Manual of Tests and Criteria,
 Third Revised Edition (1999).
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* * * * *

    3. In Sec. 171.12, the paragraph (b) heading is revised and in 
paragraph (b)(3), a sentence is added at the end of the paragraph to 
read as follows:


Sec. 171.12  Import and export shipments.

* * * * *
    (b) IMDG Code (see Sec. 171.7 of this subchapter). * * *
* * * * *
    (3) * * * For example, internal combustion engines, and viscous 
flammable liquids having a flash point of 23  deg.C (73.4  deg.F) or 
greater and less than or equal to 60.5  deg.C (140.9  deg.F) as 
provided in 2.3.2.5 of the IMDG Code may not be transported under the 
provisions of this section and are subject to the requirements of this 
subchapter.
* * * * *

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PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    4. The authority citation for part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    5. In Sec. 172.102, in paragraph (c)(1), the following changes are 
made:
    a. In Special Provisions 23, 39, 44, 57, 125 and 129, the words 
``(see Sec. 171.7 of this subchapter)'' are added following the words 
``Tests and Criteria''.
    b. In Special Provision 43, the words ``(see Sec. 171.7 of this 
subchapter)'' are added following the words ``Tests and Criteria, Part 
I, Test series 1(a)''.
    c. In Special Provision 132, the words ``(see Sec. 171.7 of this 
subchapter)'' are added following the words ``Tests and Criteria, Part 
III, sub-section 38.2''.
    d. In Special Provision 133, the words ``(see Sec. 171.7 of this 
subchapter)'' are added following the words ``Tests and Criteria, Part 
1''.

    6. In Sec. 172.401, paragraphs (c)(1) and (c)(2) are revised to 
read as follows:


Sec. 172.401  Prohibited labeling.

* * * * *
    (c) * * *
    (1) Any applicable requirement, including the class number (see 
Sec. 172.407), in the document entitled ``UN Recommendations on the 
Transport of Dangerous Goods'' (see Sec. 171.7 of this subchapter);
    (2) The International Maritime Organization (IMO) requirements, 
including the class number (Sec. 172.407), in the document entitled 
``International Maritime Dangerous Goods Code'' (see Sec. 171.7 of this 
subchapter);
* * * * *

    7. In Sec. 172.407, paragraph (f) is revised to read as follows:


Sec. 172.407  Label specifications.

* * * * *
    (f) Exceptions. A label conforming to specifications in the UN 
Recommendations (see Sec. 171.7 of this subchapter) may be used in 
place of a corresponding label which conforms to the requirements of 
this subpart.
* * * * *

    8. In Sec. 172.502, paragraph (b) (1) is revised to read as 
follows:


Sec. 172.502  Prohibited and permissive placarding.

* * * * *
    (b) Exceptions. (1) The restrictions in paragraph (a) of this 
section do not apply to a bulk packaging, freight container, unit load 
device, transport vehicle or rail car which is placarded in conformance 
with the ICAO Technical Instructions, the IMDG Code or the UN 
Recommendations (see Sec. 171.7 of this subchapter).
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    9. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.


    10. In Sec. 173.21, the following changes are made:
    a. In paragraph (f) introductory text, in the second sentence, the 
words ``(see Sec. 171.7 of this subchapter)'' are added following the 
words ``UN Manual of Tests and Criteria''.
    b. In paragraph (f)(3)(ii), the words ``(see Sec. 171.7 of this 
subchapter)'' are added following the words ``(IMDG Code)''.

    11. In Sec. 173.24, in paragraph (d)(2) introductory text, the 
words ``(see Sec. 171.7 of this subchapter)'' are added following the 
words ``UN Recommendations on the Transport of Dangerous Goods''.

    12. In Sec. 173.124, in paragraph (a)(2)(iii)(C), the words ``(see 
Sec. 171.7 of this subchapter)'' are added following the words ``Tests 
and Criteria''.

    13. In Sec. 173.128, in paragraph (e), the words ``(see Sec. 171.7 
of this subchapter)'' are added following the words ``Tests and 
Criteria''.

    14. In Sec. 173.166, in paragraph (b)(2), the words ``(see 
Sec. 171.7 of this subchapter)'' are added following the words ``Tests 
and Criteria''.

    15. In Sec. 173.185, in paragraph (c)(3), the words ``(see 
Sec. 171.7 of this subchapter)'' are added following the words ``Tests 
and Criteria''.

PART 176--CARRIAGE BY VESSEL

    16. The authority citation for part 176 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


    17. In Sec. 176.2, for the definition ``Explosive article'', the 
words ``(see Sec. 171.7 of this subchapter)'' are added following the 
words ``IMDG Code''.

    18. In Sec. 176.5, in paragraph (b)(8), the words ``(see Sec. 171.7 
of this subchapter)'' are added following the words ``IMDG Code''.

    19. In Sec. 176.11, in paragraph (a) introductory text, in the 
first sentence, the words ``(see Sec. 171.7 of this subchapter)'' are 
added following the words ``IMDG Code''.

    20. In Sec. 176.27, in paragraph (b), in the first sentence, the 
words ``(see Sec. 171.7 of this subchapter)'' are added following the 
words ``IMDG Code''.
    21. In Sec. 176.30, in paragraph (a) introductory text, in the 
second sentence, the words ``(see Sec. 171.7 of this subchapter)'' are 
added following the words ``IMDG Code''.

    Issued in Washington, D.C. on January 17, 2001, under authority 
delegated in 49 CFR part 1.
John P. Murray,
Acting Administrator.
[FR Doc. 01-2185 Filed 1-31-01; 8:45 am]
BILLING CODE 4910-60-P