[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Rules and Regulations]
[Pages 25434-25490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06956]



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Vol. 89

Wednesday,

No. 70

April 10, 2024

Part IV





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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





Hazardous Materials: Harmonization With International Standards; Final 
Rule

  Federal Register / Vol. 89 , No. 70 / Wednesday, April 10, 2024 / 
Rules and Regulations  

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2021-0092 (HM-215Q)]
RIN 2137-AF57


Hazardous Materials: Harmonization With International Standards

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

ACTION: Final rule.

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SUMMARY: PHMSA is amending the Hazardous Materials Regulations (HMR) to 
maintain alignment with international regulations and standards by 
adopting various amendments, including changes to proper shipping 
names, hazard classes, packing groups, special provisions, packaging 
authorizations, air transport quantity limitations, and vessel stowage 
requirements. PHMSA is also withdrawing the unpublished November 28, 
2022, Notice of Enforcement Policy Regarding International Standards on 
the use of select updated international standards in complying with the 
HMR during the pendency of this rulemaking.

DATES: 
    Effective date: This rule is effective May 10, 2024.
    Voluntary compliance date: January 1, 2023.
    Delayed compliance date: April 10, 2025.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register on May 10, 2024.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and 
Rulemaking, or Candace Casey, Standards and Rulemaking, at 202-366-
8553, Pipeline and Hazardous Materials Safety Administration, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, East Building, 
2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Comment Discussion
V. Section-by-Section Review of Amendments
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Orders 12866 and 14094, and DOT Regulatory Policies 
and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Policies and Procedures
    F. Paperwork Reduction Act
    G. Unfunded Mandates Reform Act of 1995
    H. Environment Assessment
    I. Privacy Act
    J. Executive Order 13609 and International Trade Analysis
    K. National Technology Transfer and Advancement Act
    L. Executive Order 13211
    M. Cybersecurity and Executive Order 14028
    N. Severability

I. Executive Summary

    As discussed in further detail in this final rule (see V. Section-
by-Section Review of Amendments), the Pipeline and Hazardous Materials 
Safety Administration (PHMSA) amends certain sections of the Hazardous 
Materials Regulations (HMR; 49 CFR parts 171 through 180) to maintain 
alignment with international regulations and standards by adopting 
various amendments, including changes to proper shipping names, hazard 
classes, packing groups, special provisions, packaging authorizations, 
air transport quantity limitations, and vessel stowage requirements. 
Furthermore, this final rule addresses the 21 sets of comments received 
in response to the Notice of Proposed Rulemaking (NPRM) \1\ published 
in May 2023. Overall, the comments to the NPRM were generally 
supportive of the proposals made; however, PHMSA did receive a few 
comments seeking further clarification or revisions to the NPRM, which 
PHMSA also addresses in this final rule. PHMSA expects that the 
adoption of the regulatory amendments in this final rule will 
facilitate transportation efficiency while maintaining the high safety 
standard currently achieved under the HMR. For example, the final rule 
will update several International Organization for Standards (ISO) 
standards; revise requirements for the shipping of lithium batteries; 
and set specification for the construction of Intermediate Bulk 
Containers (IBCs) constructed from recycled resins. This final rule 
will also align HMR requirements with anticipated increases in the 
volume of lithium batteries transported in interstate commerce from 
electrification of the transportation and other economic sectors. PHMSA 
also notes that the harmonization of the HMR with international 
consensus standards could reduce delays and interruptions of hazardous 
materials during transportation. The amendments may also lower 
greenhouse gas (GHG) emissions and safety risks, including risks to 
minority, low income, underserved, and other disadvantaged populations, 
and communities in the vicinity of interim storage sites and 
transportation arteries and hubs. The following list summarizes the 
more noteworthy amendments set forth in this final rule:
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    \1\ 88 FR 34568 (May 30, 2023).
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     Incorporation by Reference: PHMSA is incorporating by 
reference updated versions of the following international hazardous 
materials regulations and standards: the 2023-2024 edition of the 
International Civil Aviation Organization Technical Instructions for 
the Safe Transport of Dangerous Goods by Air (ICAO Technical 
Instructions); Amendment 41-22 to the International Maritime Dangerous 
Goods Code (IMDG Code); and the 22nd revised edition of the United 
Nations Recommendations on the Transport of Dangerous Goods--Model 
Regulations (UN Model Regulations).
     Hazardous Materials Table: PHMSA is amending the Hazardous 
Materials Table (HMT; 49 CFR 172.101) to add, revise, or remove certain 
proper shipping names (PSNs), hazard classes, packing groups (PGs), 
special provisions (SPs), packaging authorizations, bulk packaging 
requirements, and passenger and cargo-only aircraft maximum quantity 
limits.
     Polymerizing Substances: In 2017--as part of the HM-215N 
final rule \2\--PHMSA added four new Division 4.1 (flammable solid) 
entries for polymerizing substances to the HMT and added defining 
criteria, authorized packagings, and safety requirements, including, 
but not limited to, stabilization methods and operational controls into 
the HMR. These changes remained in effect until January 2, 2019, while 
PHMSA used the interim period to review and research the implications 
of the polymerizing substance amendments. In 2020--as part of the HM-
215O \3\ final rule--PHMSA extended the date the provisions remained in 
effect from January 2, 2019, to January 2, 2023, to allow for the 
additional research to be completed on the topic. In this final rule, 
PHMSA is removing the phaseout date (January 2, 2023) from the 
transport provisions for

[[Page 25435]]

polymerizing substances to allow for continued use of the provisions.
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    \2\ 82 FR 15796 (Mar. 30, 2017).
    \3\ 85 FR 27810 (May 11, 2020).
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     Cobalt dihydroxide powder containing not less than 10 
percent respirable particles: PHMSA is adding a new entry to HMT, 
``UN3550 Cobalt dihydroxide powder, containing not less than 10% 
respirable particles,'' and corresponding packaging provisions. Cobalt 
is a key strategic mineral used in various advanced medical and 
technical applications around the world, including various types of 
batteries. Historically, this hazardous material has been classified 
and transported as a Class 9 material under ``UN3077, Environmentally 
hazardous substance, solid, n.o.s.;'' however, testing required under 
Registration, Evaluation, Authorisations and Restriction of Chemicals 
(REACH) regulations \4\ for comprehensive GHS testing determined that 
this material poses an inhalation toxicity hazard. Following this 
determination, the 22nd revised edition of the UN Model Regulations 
developed a new entry on the Dangerous Goods List (DGL) and packaging 
authorizations specifically for this hazardous material to facilitate 
continued global transport of this material. In this final rule, PHMSA 
is adding a new entry for cobalt dihydroxide containing not less than 
10 percent respirable particles and assigning it UN3550 in the HMT, in 
addition to adding packaging provisions, including the authorization to 
transport this material in flexible IBCs. PHMSA expects these 
provisions will facilitate the continued transport of this material and 
keep global supply chains open. See 172.101 of the V. Section-by-
Section Review of Amendments for additional discussion of these 
amendments.
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    \4\ Regulation (EC) No 1907/2006 of the European Parliament and 
of the Council of 18 December 2006.
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     Lithium Battery Exceptions: PHMSA is removing the 
exceptions provided for small lithium cells and batteries for 
transportation by aircraft. This is consistent with the elimination of 
similar provisions in the ICAO Technical Instructions. See 173.185 of 
the V. Section-by-Section Review of Amendments for additional 
discussion of these amendments.
    All the amendments are expected to maintain the HMR's high safety 
standard for the public and the environment. Additionally, PHMSA 
anticipates that there are safety benefits to be derived from improved 
compliance related to consistency amongst domestic and international 
regulations. As further explained in the final regulatory impact 
analysis (RIA), PHMSA expects that the benefits of each of the 
amendments (both separately and in the aggregate) in this final rule 
justify any associated compliance costs. PHMSA estimates that the 
annualized quantified net cost savings of this rulemaking, using a two 
percent discount rate, are approximately $6.3 to $14.7 million per 
year.

II. Background

    The Federal Hazardous Materials Transportation Law (49 U.S.C. 5101, 
et seq.) directs PHMSA to participate in relevant international 
standard-setting bodies and encourages alignment of the HMR with 
international transport standards, as consistent with promotion of 
safety and the public interest. See 49 U.S.C. 5120. This statutory 
mandate reflects the importance of international standard-setting 
activity, in light of the globalization of commercial transportation of 
hazardous materials. Harmonization of the HMR with those efforts can 
reduce the costs and other burdens of complying with multiple or 
inconsistent safety requirements among nations. Consistency between the 
HMR and current international standards can also enhance safety by:
     Ensuring that the HMR are informed by the latest best 
practices and lessons learned.
     Improving understanding of, and compliance with, pertinent 
requirements.
     Facilitating the flow of hazardous materials from their 
points of origin to their points of destination, thereby avoiding risks 
to the public and the environment from release of hazardous materials 
due to delays or interruptions in the transportation of those 
materials.
     Enabling consistent emergency response procedures in the 
event of a hazardous materials incident.
    PHMSA participates in the development of international regulations 
and standards for the transportation of hazardous materials. It also 
adopts within the HMR international consensus standards and regulations 
consistent with PHMSA's safety mission. PHMSA reviews and evaluates 
each international standard it considers for incorporation within the 
HMR on its own merits, including the effects on transportation safety, 
the environmental impacts, and any economic impact. PHMSA's goal is to 
harmonize with international standards without diminishing the level of 
safety currently provided by the HMR or imposing undue burdens on the 
regulated community.
    In final rule HM-181,\5\ PHMSA's predecessor--the Research and 
Special Programs Administration (RSPA)--comprehensively revised the HMR 
for greater consistency with the UN Model Regulations. The UN Model 
Regulations constitute a set of recommendations issued by the United 
Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous 
Goods and on the Globally Harmonized System of Classification and 
Labelling of Chemicals (GHS). The UN Model Regulations are amended and 
updated biennially by the UNSCOE and serve as the basis for national, 
regional, and international modal regulations, including the ICAO 
Technical Instructions and IMDG Code.
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    \5\ 55 FR 52401 (Dec. 21, 1990).
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    PHMSA has evaluated recent updates to the international standards, 
including review of numerous updated standards for the design, 
manufacture, testing, and use of packagings, and is revising the HMR to 
adopt changes consistent with revisions to the 2023-2024 edition of the 
ICAO Technical Instructions, Amendment 41-22 to the IMDG Code, and the 
22nd revised edition of the UN Model Regulations, all of which were 
published by or in effect on January 1, 2023,\6\ while also ensuring 
the changes are consistent with PHMSA's safety mission. Consequently, 
PHMSA is incorporating by reference these revised international 
regulations, several new or updated ISO standards, and a new 
Organization for Economic Co-operation and Development (OECD) standard. 
The regulations and standards incorporated by reference are authorized 
for use for domestic transportation, under specific conditions, in part 
171, subpart C of the HMR.
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    \6\ Amendment 41-22 of the IMDG Code became mandatory on January 
1, 2024. Voluntary compliance began on January 1, 2023.
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    Lastly, PHMSA issued a Notice of Enforcement Policy Regarding 
International Standards \7\ on November 28, 2022, stating that while 
PHMSA was considering the 2023-2024 Edition of the ICAO Technical 
Instructions and Amendment 41-22 to the IMDG Code for potential 
adoption into the HMR, PHMSA and other federal agencies that enforce 
the HMR--e.g., the Federal Railroad Administration, the Federal 
Aviation Administration (FAA), the Federal Motor Carrier Safety 
Administration, and the United States Coast Guard--would not take 
enforcement action against any offeror or carrier who uses these 
standards as an alternative to complying with current HMR requirements 
when all or part of

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the transportation is by air with respect to the ICAO Technical 
Instructions, or by vessel with respect to the IMDG Code. In addition, 
that Notice stated PHMSA, and its modal partners, would not take 
enforcement action against any offeror or carrier who offers or accepts 
for domestic or international transportation by any mode packages 
marked or labeled in accordance with those updated standards. PHMSA now 
withdraws its November 28, 2022, Notice of Enforcement Policy Regarding 
International Standards as of the effective date of this final rule.
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    \7\ PHMSA, Notice of Enforcement Policy Regarding International 
Standards (Nov. 28, 2022), https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-policy-regarding-international.
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III. Incorporation by Reference Discussion Under 1 CFR Part 51

    According to the Office of Management and Budget (OMB), Circular A-
119, ``Federal Participation in the Development and Use of Voluntary 
Consensus Standards and in Conformity Assessment Activities,'' 
government agencies must use voluntary consensus standards wherever 
practical in the development of regulations.
    PHMSA currently incorporates by reference into the HMR all or parts 
of numerous standards and specifications developed and published by 
standard development organizations (SDO). In general, SDOs update and 
revise their published standards every two to five years to reflect 
modern technology and best technical practices. The National Technology 
Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-113) directs 
federal agencies to use standards developed by voluntary consensus 
standards bodies in lieu of government-written standards whenever 
possible. Voluntary consensus standards bodies develop, establish, or 
coordinate technical standards using agreed-upon procedures. OMB issued 
Circular A-119 to implement section 12(d) of the NTTAA relative to the 
utilization of consensus technical standards by federal agencies. This 
circular provides guidance for agencies participating in voluntary 
consensus standards bodies and describes procedures for satisfying the 
reporting requirements in the NTTAA. Accordingly, PHMSA is responsible 
for determining which standards currently referenced in the HMR should 
be updated, revised, or removed, and which standards should be added to 
the HMR. Revisions to materials incorporated by reference in the HMR 
are handled via the rulemaking process, which allows for the public and 
regulated entities to provide input. During the rulemaking process, 
PHMSA must also obtain approval from the Office of the Federal Register 
to incorporate by reference any new materials. The Office of the 
Federal Register issued a rulemaking \8\ that revised 1 CFR 51.5 to 
require that an agency detail in the preamble of an NPRM the ways the 
materials it proposes to incorporate by reference are reasonably 
available to interested parties, or how the agency worked to make those 
materials reasonably available to interested parties. Changes to the 
materials incorporated by reference in the HMR are discussed in detail 
in the Sec.  171.7 discussion in ``V. Section-by-Section Review of 
Amendments'' section of this document.''
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    \8\ 79 FR 66278 (Nov. 7, 2014).
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IV. Comment Discussion

    In response to the NPRM, PHMSA received 21 sets of comments from 
the following organizations and other interested parties:

American Association for            https://www.regulations.gov/comment/
 Laboratory Accreditation (A2LA).    PHMSA-2021-0092-0011.
Anonymous.........................  https://www.regulations.gov/comment/PHMSA-2021-0092-0004.
Airline Pilots Association          https://www.regulations.gov/comment/
 International (ALPA).               PHMSA-2021-0092-0019.
Compressed Gas Association (CGA)..  https://www.regulations.gov/comment/PHMSA-2021-0092-0010.
Council on Safe Transportation of   https://www.regulations.gov/comment/
 Hazardous Articles (COSTHA).        PHMSA-2021-0092-0015.
Dangerous Goods Advisor...........  https://www.regulations.gov/comment/PHMSA-2021-0092-0024.
Dangerous Goods Advisory Council    https://www.regulations.gov/comment/
 (DGAC).                             PHMSA-2021-0092-0009.
Dow Chemical Company..............  https://www.regulations.gov/comment/PHMSA-2021-0092-0014.
Entegris..........................  https://www.regulations.gov/comment/PHMSA-2021-0092-0006.
Entegris..........................  https://www.regulations.gov/comment/PHMSA-2021-0092-0005.
Entegris..........................  https://www.regulations.gov/comment/PHMSA-2021-0092-0007.
Entegris..........................  https://www.regulations.gov/comment/PHMSA-2021-0092-0021.
Entegris..........................  https://www.regulations.gov/comment/PHMSA-2021-0092-0018.
Hexagon Digital Wave, LLC.........  https://www.regulations.gov/comment/PHMSA-2021-0092-0022.
Household Commercial Products       https://www.regulations.gov/comment/
 Association (HCPA).                 PHMSA-2021-0092-0017.
Institute of Hazardous Materials    https://www.regulations.gov/comment/
 Management (IHMM).                  PHMSA-2021-0092-0012.
Medical Device Transport Council    https://www.regulations.gov/comment/
 (MDTC).                             PHMSA-2021-0092-0016.
Nordco Inspection Technologies....  https://www.regulations.gov/comment/PHMSA-2021-0092-0022.
PRBA--The Rechargeable Battery      https://www.regulations.gov/comment/
 Association.                        PHMSA-2021-0092-0016.
Reusable Industrial Packaging       https://www.regulations.gov/comment/
 Association (RIPA).                 PHMSA-2021-0092-0008.
The Rigid Intermediate Bulk         https://www.regulations.gov/comment/
 Container Association, Inc.         PHMSA-2021-0092-0016.
 (RIBCA).
 

    PHMSA received comments from the A2LA, ALPA, COSTHA, DGAC, HCPA, 
MDTC, and PRBA, all providing general support for harmonization with 
international standards with additional support from Entegris, and 
Hexagon Digital Wave for the incorporation by reference of the ISO 
standards applicable to cylinders.
    Comments concerning the compliance date for the phaseout dates for 
ISO standards, gas mixtures containing fluorine, IBCs manufactured from 
recycled plastics, and comments outside the scope of this rulemaking 
are discussed below. All other comments specific to proposed changes to 
HMR sections are addressed in the ``V. Section-by-Section Review of 
Amendments'' of this document.

A. Comments Outside the Scope of This Rulemaking

    PHMSA received comments from HCPA and MDTC to reconsider the 
definition of an aerosol in Sec.  171.8 in order to maintain alignment 
with international regulations and standards. The commenters note that 
the United Nations (UN) Model Regulations define an aerosol as an 
article consisting of a non-refillable receptacle containing a gas, 
compressed, liquefied or dissolved under pressure, with or without a 
liquid, paste or powder, and fitted with a release device allowing the 
contents to be ejected as solid or liquid particles in suspension in a 
gas, as a foam, paste or powder, or in a liquid or gaseous state. The 
HMR defines an aerosol in Sec.  171.8 as an article consisting of any 
non-refillable receptacle containing a gas

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compressed, liquefied, or dissolved under pressure, the sole purpose of 
which is to expel a nonpoisonous (other than a Division 6.1 Packing 
Group III material) liquid, paste, or powder, and fitted with a self-
closing release device allowing the contents to be ejected by the gas.
    PHMSA acknowledges the commenter's concerns over the HMR definition 
of an aerosol not being harmonized with the UN Model Regulations. 
However, PHMSA did not propose changes in the NPRM and, therefore, 
declines to make such revisions in this final rule without further 
evaluation by PHMSA subject matter experts and an opportunity for 
stakeholders to comment on the issue. PHMSA will continue to evaluate 
the potential harmonization of the aerosol definition with the 
international regulations in conjunction with a petition request from 
the Consumer Specialty Product Association (CSPA).\9\
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    \9\ https://www.regulations.gov/docket/PHMSA-2017-0131/document.
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    PHMSA received comments from Entegris, Hexagon Digital Wave, and 
Nordco Inspection Technologies suggesting that ISO 18119:2018, ``Gas 
Cylinders--Seamless Steel And Seamless Aluminum-Alloy Gas Cylinders And 
Tubes--Periodic Inspection and Testing,'' be incorporated by reference 
into Sec.  171.7(w), and that Sec.  180.207(d)(1) and (d)(2) be revised 
to reference ISO 18119:2018. The commenters note that ISO 6406:2005(E), 
``Gas cylinders--Seamless steel gas cylinders--Periodic inspection and 
testing,'' and ISO 10461:2005(E), ``Gas cylinders--Seamless aluminum-
alloy gas cylinders--Periodic inspection and testing,'' have now been 
superseded by ISO 18119:2018 in the ISO catalogue. Further, the 
commenters note that at the end of 2024, the UN Model Regulations will 
no longer acknowledge ISO 6406:2005(E) and 10461:2005(E).
    PHMSA acknowledges the comments for PHMSA to incorporate by 
reference ISO 18119:2018 into Sec.  171.7(w), and revise Sec.  180.207 
(d)(1) and (d)(2) to reference ISO 18119:2018. However, PHMSA did not 
propose changes in the NPRM and, therefore, declines to make such 
revisions in this final rule without further evaluation by PHMSA 
subject matter experts and an opportunity for stakeholders to comment 
on the issue. PHMSA has received petitions from both FIBA technologies 
\10\ and Hazmat Safety Consulting \11\ proposing to incorporate by 
reference ISO 18119:2018 into Sec.  171.1, and PHMSA plans to propose 
this revision in an upcoming rulemaking.
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    \10\ https://www.regulations.gov/docket/PHMSA-2020-0168/document.
    \11\ https://www.regulations.gov/document/PHMSA-2023-0088-0001.
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    IHMM submitted comments highlighting three accredited professional 
certifications--the Certified Hazardous Materials Manager (CHMM), the 
Certified Hazardous Materials Practitioner (CHMP), and the Certified 
Dangerous Goods Professional (CDGP)--that demonstrate expertise in 
managing hazardous materials, and recommends that PHMSA require 
companies transporting hazardous materials to appoint certified 
professionals responsible for regulatory compliance, similar to the 
dangerous goods safety advisor required by the Agreement concerning the 
International Carriage of Dangerous Goods by Road (ADR) within the 
European Union (EU). IHMM believes that in addition to harmonizing 
standards, governments should harmonize responsibility for the safe 
transportation of hazardous materials and dangerous goods. IHMM 
recommends that PHMSA use its authority to require certified 
professionals oversee compliance at companies engaged in hazardous 
materials transportation.
    PHMSA acknowledges the IHMM's comment concerning certified 
professionals. However, PHMSA did not propose such changes in the NPRM 
and, therefore, declines to make such revisions in this final rule 
without further evaluation by PHMSA subject matter experts and an 
opportunity for stakeholders to comment on the issue. If the commenter 
has a specific proposal, PHMSA encourages the commenter to submit a 
petition for rulemaking in accordance with Sec.  106.100 of the HMR.
    A2LA supports the proposed amendments and actions that are being 
considered in this rulemaking to be consistent with international 
standards to harmonize activities and promote greater safety and 
efficiencies. A2LA also encourages PHMSA to take this a step further by 
recommending that when testing is required, that laboratories approved 
under ISO/IEC 17025, ``Testing and calibration laboratories,'' be 
relied upon for testing activities. A2LA asserts that this will help 
ensure data generated for HMR compliance is developed by accredited 
bodies. A2LA adds that this revision would provide and establish a 
framework for the harmonization of accreditation activities globally.
    PHMSA acknowledges A2LA's comment concerning laboratories approved 
under ISO/IEC 17025. However, PHMSA did not propose such changes in the 
NPRM and, therefore, declines to make such revisions in this final rule 
without further evaluation by PHMSA subject matter experts and an 
opportunity for stakeholders to comment on the issue. If the commenter 
has a specific proposal, PHMSA encourages the commenter to submit a 
petition for rulemaking in accordance with Sec.  106.100 of the HMR.

B. Phaseout Dates for ISO Standards

    CGA and Entegris submitted comments regarding the proposed 
incorporation of ISO 11117:2019, ``Gas cylinders--Valve protection caps 
and guards--Design, construction and tests,'' into Sec.  
173.301b(c)(2)(ii). CGA and Entegris note that the language proposed in 
Sec.  173.301b(c)(2)(ii) of the NPRM removes ISO 11117:2008 and creates 
a phaseout date of December 31, 2026, for its use. To ensure the 
continued use of existing caps made to previous editions of ISO 11117, 
CGA and Entegris suggest a revision to Sec.  173.301b(c)(2)(ii) that 
more closely aligns with sub-paragraph 4.1.6.1.8 of the 22nd edition of 
the UN Model Regulations. The revision proposed by CGA and Entegris 
would make it clear that valve caps manufactured up until December 31, 
2026, under ISO 11117:2008 could continue to be used under the HMR. CGA 
and Entegris add that the proposed text in the NPRM would result in an 
unnecessary economic burden by mandating the replacement of valve 
protection caps under the HMR that would remain authorized by the UN 
Model Regulations. Entegris adds that consideration should be given to 
permit the use of these older valve caps that adhere to ISO 11117:2008.
    PHMSA concurs with CGA and Entegris that the intent of the language 
in the UN Model Regulations was to allow the continued use of the valve 
protection caps under ISO 11117:2008 provided they are manufactured 
prior to December 31, 2026. As such, PHMSA is revising the text in 
Sec.  173.301b(c)(2)(ii) to more closely align with the intent of the 
UN Model Regulations and allow for the continued use of valve caps 
manufactured prior to December 31, 2026, under ISO 11117:2008.
    CGA also provided comments suggesting that PHMSA modify the 
regulatory text for all the IBR ISO standards in Sec. Sec.  178.71 and 
178.75 to permit the manufacturing of UN cylinders conforming to the 
ISO standards being replaced until December 31, 2026, to better align 
the HMR with the intent of the 22nd edition of the UN Model 
Regulations. PHMSA concurs with CGA's comment that the intent of this 
proposal was to closely align with the phaseout language in the

[[Page 25438]]

UN Model Regulations. As such, PHMSA has revised the text for the ISO 
publications in Sec. Sec.  178.71 and 178.75 to better reflect the 
phaseout dates as intended and represented in the UN Model Regulations.

C. Gas Mixtures Containing Fluorine

    In the NPRM, PHMSA proposed a new special provision for UN pressure 
receptacles containing fluorine mixed with inert gases. This proposal 
was intended to provide flexibility for the maximum allowable working 
pressure for cylinders containing fluorine gas when fluorine is part of 
a less reactive gas mixture. This revision was supported due to pure 
fluorine gas being highly reactive and restrictive, while gas mixtures 
with small amounts of fluorine are less hazardous. The 22nd edition of 
the UN Model Regulations allows for higher working pressures for 
cylinders containing gas mixtures of fluorine with inert gases based on 
the application of partial pressure calculations.
    In the NPRM, PHMSA proposed to add special provision 441 to Sec.  
172.102 to align with revisions made to the UN Model Regulations for 
gas mixtures containing fluorine. The NPRM assigned special provision 
441 to the proper shipping name ``UN1045, Fluorine, compressed'' in the 
HMT. CGA and Entegris provided comments stating that the proposed 
special provision 441 in the NPRM should not be applied to ``UN1045, 
Fluorine, compressed,'' as mixtures of fluorine with inert gases and a 
fluorine concentration <35% are no longer Hazard Zone A gases. The 
commenters add that there is no scenario where a gas classified as 
``UN1045, Fluorine compressed'' would be able to qualify for the 
exception as proposed in special provision 441 of the NPRM. The 
commenters add that special provision 441 should have been applied to 
the n.o.s. entries: ``UN3306, Compressed gas, poisonous, oxidizing, 
corrosive, n.o.s.;'' ``UN3156, Compressed gas, oxidizing, n.o.s.;'' and 
``UN1956, Compressed gas, n.o.s.,'' as was done in the 22nd edition of 
the UN Model Regulations. Entegris and CGA also note that the equations 
in the NPRM for new special provision 441 have several editorial 
errors. The amendments made to the UN Model Regulations provide two 
calculations to calculate the MAWP for mixtures of fluorine and inert 
gases with a fluorine concentration <35%, both of which contain 
editorial errors.
    PHMSA agrees with the commenters, and in this final rule PHMSA has 
determined that special provision 441 as proposed in the NPRM would not 
be appropriate to apply to ``UN1045, Fluorine, compressed.'' 
Additionally, PHMSA asserts that instead of applying a special 
provision to all of the applicable UN numbers, it is more appropriate 
to revise Sec.  173.302b by adding a paragraph (g) for gas mixtures 
containing fluorine gases as was generally suggested by CGA.\12\ This 
new paragraph in Sec.  173.302b(g)(5) that appears in this final rule 
has the same wording as was proposed in special provision 441 of the 
NPRM, with the additional editorial corrections for the partial 
pressure calculations as suggested by Entegris. PHMSA asserts that by 
placing these flexibilities in Sec.  173.302b(g), gas mixtures 
containing fluorine gas will be permitted to take the flexibilities as 
allowed under the UN Model Regulations.
---------------------------------------------------------------------------

    \12\ PHMSA notes that in a separate rulemaking (HM-219D, 
``Adoption of Miscellaneous Petitions and Updating Regulatory 
Requirements'') that will be published and codified before this 
final rule, it is adopting a new paragraph (f) within Sec.  
173.302b.
---------------------------------------------------------------------------

D. IBCs Manufactured From Recycled Plastics

    In the NPRM, PHMSA proposed to revise Sec. Sec.  178.706(c)(3) and 
178.707(c)(3) to allow for the manufacturing of rigid and composite 
IBCs manufactured from recycled plastics. The NPRM proposed to allow 
the construction of IBCs from recycled plastics with the approval of 
the Associate Administrator, consistent with a change adopted in the 
22nd revised edition of the UN Model Regulations. In the NPRM, PHMSA 
proposed including a slight variation from the international provision 
by requiring prior approval by the Associate Administrator for use of 
recycled plastics in the construction of IBCs manufactured from 
recycled plastics.
    RIBCA submitted comments expressing disagreement with the proposed 
requirement for manufacturers to obtain case-by-case approval from 
PHMSA's Associate Administrator prior to using recycled plastic in the 
manufacturing of rigid and composite IBCs. RIBCA argued the PHMSA 
proposal is inconsistent with the UN Model Regulations, which allow the 
use of recycled plastics meeting a specified definition without any 
competent authority approval. RIBCA also questioned PHMSA's rationale 
that approvals are needed due to lack of HMR requirements for 
manufacturer quality assurance programs, noting these are already 
integral to ensuring IBC integrity. Further, RIBCA stated that the 
performance-oriented packaging requirements in the HMR should 
sufficiently address any safety issues with recycled plastics, as 
demonstrated by the millions of UN plastic drums and jerricans 
successfully produced with recycled plastics. RIBCA mentioned that due 
to constraints under the Administrative Procedure Act, the changes they 
recommend may fall outside the scope of revisions PHMSA could make in a 
final rule. Overall, RIBCA recommended that PHMSA align the HMR with 
the UN Model Regulations and authorize recycled plastic in the 
manufacturing of IBCs without additional competent authority approvals.
    PHMSA acknowledges RIBCAs comments and notes that, in the NPRM, 
PHMSA stated that the UN Model Regulations incorporate quality 
assurance program requirements that require recognition by a governing 
body. By requiring approval of the Associate Administrator, PHMSA is 
able to maintain oversight of procedures, such as batch testing, that 
manufacturers will use to ensure the quality of recycled plastics used 
in the construction of recycled plastic IBCs. PHMSA asserts that the 
proposals in the NPRM are consistent with the intent of the UN Model 
Regulations.
    Additionally, PHMSA is currently conducting research to develop an 
Agency-wide policy on packages manufactured from recycled plastics. On 
April 14, 2023,\13\ PHMSA published a request for information (RFI) 
pertaining to how the potential use of recycled plastic resins in the 
manufacturing of specification packagings may affect hazardous 
materials transportation safety. In response to the RFI, PHMSA received 
nine comments and is currently evaluating those comments in order to 
determine an Agency-wide policy on recycled plastics in packagings. 
Until this analysis is complete and PHMSA is ready to deploy an Agency-
wide policy, PHMSA asserts it is prudent for now to leave in the 
requirement to obtain a competent authority approval prior to the 
manufacturing of IBCs made from recycled plastics. PHMSA also notes 
that RIPA, DGAC, and Dow Chemical provided comments to the NPRM in 
support of these revisions as written.
---------------------------------------------------------------------------

    \13\ https://www.federalregister.gov/documents/2023/04/14/2023-07869/hazardous-materials-request-for-feedback-on-recycled-plastics-policy.
---------------------------------------------------------------------------

V. Section-by-Section Review of Amendments

    The following is a section-by-section review of amendments to 
harmonize the HMR with international regulations and standards.

[[Page 25439]]

A. Part 171

Section 171.7
    Section 171.7 provides a listing of all voluntary consensus 
standards incorporated by reference into the HMR, as directed by the 
NTTAA. PHMSA evaluated updated international consensus standards 
pertaining to PSNs, hazard classes, PGs, special provisions, packaging 
authorizations, air transport quantity limitations, and vessel stowage 
requirements. PHMSA contributed to the development of those standards--
each of which build on the well-established and documented safety 
histories of earlier editions--as it participated in the discussions 
and working group activities associated with their proposal, revision, 
and approval. Those activities, in turn, have informed PHMSA's 
evaluation of the effect the updated consensus standards will have on 
safety, when incorporated by reference and with provisions adopted into 
the HMR. Further, PHMSA notes that some of the consensus standards 
incorporated by reference within the HMR in this final rule have 
already been adopted into the regulatory schemes of other countries. 
Additionally, as noted above, PHMSA has issued past enforcement 
discretions authorizing the use of the consensus standards as an 
interim strategy for complying with current HMR requirements. PHMSA is 
not aware of adverse safety impacts from that operational experience. 
For these reasons, PHMSA expects their incorporation by reference will 
maintain the high safety standard currently achieved under the HMR. 
PHMSA received comments from ALPA, CGA, COSTHA, DGAC, Entegris, and 
Hexagon Digital Wave that were generally supportive of the proposals to 
incorporate by reference the latest versions of the international 
standards. Therefore, PHMSA is adding or revising the following 
incorporation by reference materials.\14\
---------------------------------------------------------------------------

    \14\ All other standards that are set out as part of the 
regulatory text of Sec.  171.7(w) were previously approved for 
incorporation by reference.
---------------------------------------------------------------------------

     In paragraph (t)(1), incorporate by reference the 2023-
2024 edition of the ICAO Technical Instructions, to replace the 2021-
2022 edition, which is currently referenced in Sec. Sec.  171.8; 171.22 
through 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 172.519; 
172.602; 173.56; 173.320; 175.10, 175.33; and 178.3. The ICAO Technical 
Instructions specify detailed instructions for the international safe 
transport of dangerous goods by air. The requirements in the 2023-2024 
edition have been amended to align better with the 22nd revised edition 
of the UN Model Regulations and the International Atomic Energy Agency 
(IAEA) Regulations for the Safe Transport of Radioactive Material. 
Notable changes in the 2023-2024 edition of the ICAO Technical 
Instructions include new packing and stowage provisions, new and 
revised entries on its Dangerous Goods List, and editorial corrections. 
The 2023-2024 edition of the ICAO Technical Instructions is available 
for purchase on the ICAO website at https://store.icao.int/en/shop-by-areas/safety/dangerous-goods.
     In paragraph (v)(2), incorporate by reference the 2022 
edition of the IMDG Code, Incorporating Amendment 41-22 (English 
Edition), to replace Incorporating Amendment 40-20, 2020 Edition, which 
is currently referenced in Sec. Sec.  171.22; 171.23; 171.25; 172.101; 
172.202; 172.203; 172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 
173.56; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 
176.720; 176.906; 178.3; and 178.274. The IMDG Code is a unified 
international code that outlines standards and requirements for the 
transport of dangerous goods by sea (i.e., by vessel). Notable changes 
in Amendment 41-22 of the IMDG Code include new packing and stowage 
provisions, new and revised entries on its Dangerous Goods List, and 
editorial corrections. Distributors of the IMDG Code can be found on 
the International Maritime Organization (IMO) website at: https://www.imo.org/en/publications/Pages/Distributors-default.aspx.
     In paragraph (w), incorporate by reference or remove the 
following ISO documents to include new and updated standards for the 
specification, design, construction, testing, and use of gas cylinders:
     ISO 9809, Parts 1 through 3. ISO 9809 is comprised of four 
parts (ISO 9809-1 through 9809-4) and specifies minimum requirements 
for the material, design, construction, and workmanship; manufacturing 
processes; and examination and testing at time of manufacture for 
various types of refillable seamless steel gas cylinders and tubes. 
PHMSA is incorporating by reference the most recent versions of Parts 1 
through 3.
     Incorporate by reference the third edition of ISO 9809-
1:2019(E), ``Gas cylinders--Design, construction and testing of 
refillable seamless steel gas cylinders and tubes--Part 1: Quenched and 
tempered steel cylinders and tubes with tensile strength less than 1100 
Mpa,'' in paragraph (w)(32). Additionally, PHMSA is allowing a sunset 
date of December 31, 2026, for continued use and phase out of the 
second edition of ISO 9809-1:2010, which is currently referenced in 
Sec.  178.37, Sec.  178.71, and Sec.  178.75. PHMSA clarified in the 
``IV: Comment Discussion'' section of this final rule that the phaseout 
date of December 31, 2026, applies to the manufacturing of cylinders 
and tubes with tensile strength below 1100 Mpa under ISO 9809-1:2010. 
Cylinders manufactured before December 31, 2026, under ISO 9809-1:2010 
are authorized under the HMR. Part 1 of ISO 9809 is applicable to 
cylinders and tubes for compressed, liquefied, and dissolved gases, and 
for quenched and tempered steel cylinders and tubes with a maximum 
actual tensile strength of less than 1100 MPa, which is equivalent to 
U.S. customary unit of about 160,000 psi. As part of its periodic 
review of all standards, ISO reviewed ISO 9809-1:2010(E) and published 
an updated version, ISO 9809-1:2019(E), which was published in 2019 and 
adopted in the 22nd revised edition of the UN Model Regulations. The 
updated standard has technical revisions including limiting the bend 
test only for prototype tests. Updating references to this document 
aligns the HMR with changes adopted in the 22nd revised edition of the 
UN Model Regulations pertaining to the design and construction of UN 
cylinders. PHMSA has reviewed this edition as part of its regular 
participation in the review of amendments for the UN Model Regulations 
and concludes incorporation of the revised third edition will maintain 
or improve the safety standards associated with its use.
     Incorporate by reference the third edition of ISO 9809-
2:2019(E), ``Gas cylinders--Design, construction and testing of 
refillable seamless steel gas cylinders and tubes--Part 2: Quenched and 
tempered steel cylinders and tubes with tensile strength greater than 
or equal to 1100 MPa,'' in paragraph (w)(35). ISO 9809-2:2019 is the 
third edition of ISO 9809-2. Additionally, PHMSA is adding a sunset 
date of December 31, 2026, for continued use and phaseout of the second 
edition of ISO 9809-2:2010, which is currently referenced in Sec.  
178.71 and Sec.  178.75. PHMSA clarified in the ``Section IV: Comment 
Discussion'' section of this final rule that the phaseout date of 
December 31, 2026, applies to the manufacturing of cylinder under ISO 
9809-2:2010. Cylinders manufactured before December 31, 2026, under ISO 
9809-2:2010 are authorized under the HMR. ISO 9809-2:2019 specifies 
minimum requirements for the material, design, construction and 
workmanship;

[[Page 25440]]

manufacturing processes; and examination and testing at time of 
manufacture for refillable seamless steel gas cylinders and tubes with 
water capacities up to and including 450 L. Part 2 of ISO 9809 is 
applicable to cylinders and tubes for compressed, liquefied, and 
dissolved gases, and for quenched and tempered steel cylinders and 
tubes with an actual tensile strength greater than or equal to 1100 
MPa. As part of its periodic review of all standards, ISO reviewed ISO 
9809-2:2010 and published an updated version, ISO 9809-2:2019, in 2019; 
this updated version was adopted in the 22nd revised edition of the UN 
Model Regulations. The updated standard has technical revisions 
including expanded cylinder size (i.e., allowed water capacity is 
extended from below 0.5 L up to and including 450 L); the introduction 
of specific batch sizes for tubes; limiting the bend test only for 
prototype tests; the addition of test requirements for check analysis 
(tolerances modified); and the addition of new test requirements for 
threads. Updating references to this document aligns the HMR with 
changes adopted in the 22nd revised edition of the UN Model Regulations 
pertaining to the design and construction of UN cylinders. PHMSA has 
reviewed this edition as part of its regular participation in the 
review of amendments for the UN Model Regulations and concludes 
incorporation of the revised third edition will maintain or improve the 
safety standards associated with its use.
     Incorporate by reference the third edition of ISO 9809-
3:2019(E), ``Gas cylinders--Design, construction and testing of 
refillable seamless steel gas cylinders and tubes--Part 3: Normalized 
steel cylinders and tubes'' in paragraph (w)(38). Additionally, PHMSA 
is allowing a sunset date of December 31, 2026, for continued use 
phaseout of the second edition of ISO 9809-3:2010, which is currently 
referenced in Sec.  178.71 and Sec.  178.75. PHMSA clarified in the 
``Section IV: Comment Discussion'' section of this final rule that the 
phaseout date of December 31, 2026, applies to the manufacturing of 
cylinders under ISO 9809-3:2010. Cylinders manufactured before December 
31, 2026, under ISO 9808-3:2010 would still be authorized under the 
HMR. ISO 9809-3 is applicable to cylinders and tubes for compressed, 
liquefied, and dissolved gases, and for normalized, or normalized and 
tempered, steel cylinders and tubes. As part of its periodic review of 
all standards, ISO reviewed ISO 9809-3:2010 and published an updated 
version, ISO 9809-3:2019. The updated standard has technical revisions 
including: a wider scope of cylinders (i.e., allowed water capacity is 
extended from below 0.5 L up to and including 450 L); the introduction 
of specific batch sizes for tubes; limiting the bend test only for 
prototype tests; the addition of test requirements for check analysis 
(tolerances modified); and the addition of new test requirements for 
threads. Updating references to the 2019 edition aligns the HMR with 
changes adopted in the 22nd revised edition of the UN Model 
Regulations, which added this version pertaining to the design and 
construction of UN cylinders. PHMSA has reviewed this edition as part 
of its regular participation in the review of amendments for the UN 
Model Regulations and concludes incorporation of the revised third 
edition will maintain or improve the safety standards associated with 
its use.
     Incorporate by reference supplemental amendment ISO 
10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance--Amendment 1,'' in paragraph 
(w)(48). This amendment adds a reference to ISO 10462:2013/Amd 
1:2019(E) in Sec.  180.207(d)(3), where ISO 10462:2013 is currently 
required, and adds a sunset date of December 31, 2024, for continued 
use and phaseout of ISO 10462:2013 without the supplemental amendment. 
ISO 10462:2013 specifies requirements for the periodic inspection of 
acetylene cylinders as required for the transport of dangerous goods 
and for maintenance in connection with periodic inspection. It applies 
to acetylene cylinders with and without solvent, and with a maximum 
nominal water capacity of 150 L. As part of a periodic review of its 
standards, ISO reviewed ISO 10462:2013, and in June 2019 published a 
short supplemental amendment, ISO 10462:2013/Amd 1:2019. The 
supplemental document includes updates such as simplified marking 
requirements for rejected cylinders. Updating references to this 
document aligns the HMR with documents referenced in the 22nd revised 
edition of the UN Model Regulations pertaining to the requalification 
procedures for acetylene UN cylinders. PHMSA has reviewed this edition 
as part of its regular participation in the review of amendments for 
the UN Model Regulations and concludes the incorporation of the 
supplemental document maintains the HMR safety standards for use of 
acetylene cylinders.
     Incorporate by reference the third edition of ISO 
11117:2019(E), ``Gas cylinders--Valve protection caps and guards--
Design, construction and tests,'' in paragraph (w)(56). This amendment 
authorizes the use of the third edition until further notice, and adds 
an end date of December 31st, 2026, to the authorization for use of the 
second edition--ISO 11117:2008--and the associated corrigendum, which 
are currently referenced in Sec.  173.301b. ISO 11117 specifies the 
requirements for valve protection caps and valve guards used on 
cylinders for liquefied, dissolved, or compressed gases. The changes in 
this revised standard pertain to the improvement of the 
interoperability of both the valve protection caps and the valve 
guards, with the cylinders and the cylinder valves. To that end, the 
drop test, the marking, and test report requirements have been revised 
and clarified. Updating references to this document aligns the HMR with 
changes adopted in the 22nd revised edition of the UN Model Regulations 
pertaining to valve protection on UN pressure receptacles. PHMSA has 
reviewed this edition as part of its regular participation in the 
review of amendments for the UN Model Regulations and does not expect 
any degradation of safety standards in association with its use.
     Incorporate by reference ISO 11118:2015/Amd 1:2019(E), 
``Gas cylinders--Non-refillable metallic gas cylinders--Specification 
and test methods--Amendment 1,'' in paragraph (w)(59). ISO 11118:2015/
Amd 1:2019(E) is a short supplemental amendment that is intended to be 
used in conjunction with ISO 11118:2015, which is currently referenced 
in Sec.  178.71. This amendment authorizes the use of this supplemental 
amendment in conjunction with ISO 11118:2015 until further notice, and 
adds an end date of December 31, 2026, until which ISO 11118:2015 may 
continue to be used without this supplemental amendment. ISO 
11118:2015, which specifies minimum requirements for the material, 
design, inspections, construction and workmanship; manufacturing 
processes; and tests at manufacture of non-refillable metallic gas 
cylinders of welded, brazed, or seamless construction for compressed 
and liquefied gases, including the requirements for their non-
refillable sealing devices and their methods of testing. ISO 
11118:2015/Amd 1:2019 corrects the identity of referenced clauses and 
corrects numerous typographical errors. The amendment

[[Page 25441]]

also includes updates to the marking requirements in the normative 
Annex A, which includes clarifications, corrections, and new testing 
requirements. Updating references to this document aligns the HMR with 
documents referenced in the 22nd revised edition of the UN Model 
Regulations pertaining to non-refillable UN cylinders. PHMSA has 
reviewed this amended document as part of its regular participation in 
the review of amendments for the UN Model Regulations and determined 
the added corrections and clarifications provide important additional 
utility for users of ISO 11118:2015(E). PHMSA does not expect any 
degradation of safety standards in association with its use and expects 
updates to these safety standards may provide an additional level of 
safety.
     Incorporate by reference ISO 11513:2019, ``Gas cylinders--
Refillable welded steel cylinders containing materials for sub-
atmospheric gas packaging (excluding acetylene)--Design, construction, 
testing, use and periodic inspection,'' in paragraph (w)(71). ISO 
11513:2019 is the second edition of ISO 11513. This amendment 
authorizes the use of the second edition and adds an end date to the 
authorization for use of the first edition, ISO 11513:2011 (including 
Annex A), which is currently referenced in Sec.  173.302c, Sec.  
178.71, and Sec.  180.207. ISO 11513 specifies minimum requirements for 
the material, design, construction, workmanship, examination, and 
testing at manufacture of refillable welded steel cylinders for the 
sub-atmospheric pressure storage of liquefied and compressed gases. The 
second edition has been updated to amend packing instructions and 
remove a prohibition on the use of ultrasonic testing during periodic 
inspection. Updating references to this document aligns the HMR with 
documents referenced in the 22nd revised edition of the UN Model 
Regulations pertaining to the shipment of adsorbed gases in UN pressure 
receptacles. PHMSA has reviewed this edition as part of its regular 
participation in the review of amendments for the UN Model Regulations 
and does not expect any degradation of safety standards in association 
with its use and expects updates to these safety standards may provide 
an additional level of safety.
     Incorporate by reference ISO 16111:2018, ``Transportable 
gas storage devices--Hydrogen absorbed in reversible metal hydride,'' 
in paragraph (w)(80). ISO 16111:2018 is the second edition of ISO 
16111. This amendment authorizes the use of the second edition until 
further notice, and adds an end date of December 31, 2026, on the 
authorization to use the first edition, ISO 16111:2008, which is 
referenced in Sec. Sec.  173.301b, 173.311, and 178.71. PHMSA clarified 
in the ``Section IV: Comment Discussion'' section of this final rule 
that the phaseout date of December 31, 2026, applies to the 
manufacturing of metal hydride storage devices under ISO 16111:2008. 
Metal hydride storage systems manufactured before December 31, 2016, 
under ISO 16111:2009 are still authorized under the HMR. ISO 16111 
defines the requirements applicable to the material, design, 
construction, and testing of transportable hydrogen gas storage 
systems, which utilize shells not exceeding 150 L internal volume and 
having a maximum developed pressure not exceeding 25 MPa. This updated 
standard includes additional information pertaining to service 
temperature conditions that have been described in detail; new 
references related to shell design; modified drop test conditions; 
modified acceptance criteria for leak testing; modified hydrogen 
cycling conditions; new warning labelling; and updated information on 
safety data sheets. Updating references to this document aligns the HMR 
with documents referenced in the 22nd revised edition of the UN Model 
Regulations pertaining to metal hydride storage systems. PHMSA has 
reviewed this edition as part of its regular participation in the 
review of amendments for the UN Model Regulations and expects updates 
to these safety standards may provide an additional level of safety.
     Incorporate by reference ISO 17871:2020(E), ``Gas 
cylinders--Quick-release cylinder valves--Specification and type 
testing,'' in paragraph (w)(83). ISO 17871:2020 is the second edition 
of ISO 17871. This amendment authorizes the use of the second edition 
and adds an end date of December 31, 2026, to the authorization for use 
of the first edition, ISO 17871:2015(E), which is currently referenced 
in 173.301b. This document, in conjunction with ISO 10297 and ISO 
14246, specifies design, type testing, marking, manufacturing tests, 
and examination requirements for quick-release cylinder valves intended 
to be fitted to refillable transportable gas cylinders, pressure drums, 
and tubes that convey certain gases, such as compressed or liquefied 
gases, or extinguishing agents charged with compressed gases to be used 
for fire-extinguishing, explosion protection, and rescue applications. 
As part of its regular review of its standards, ISO updated and 
published the second edition of ISO 17871 as ISO 17871:2020. The 2020 
edition of this standard broadens the scope to include quick release 
valves for pressure drums and tubes, and specifically excludes the use 
of quick release valves with flammable gases. Other notable changes 
include the addition of the valve burst test pressure; the deletion of 
the flame impingement test; and the deletion of internal leak tightness 
test at -40 [deg]C for quick release cylinder valves used only for 
fixed fire-fighting systems installed in buildings. Updating references 
to this document aligns the HMR with changes adopted in the 22nd 
revised edition of the UN Model Regulations pertaining to the shipment 
of gases in UN pressure receptacles. PHMSA has reviewed this edition as 
part of its regular participation in the review of amendments for the 
UN Model Regulations and does not expect any degradation of safety 
standards in association with its use.
     Incorporate by reference ISO 21172-1:2015/Amd 1:2018, 
``Gas cylinders--Welded steel pressure drums up to 3000 litres capacity 
for the transport of gases--Design and construction--Part 1: Capacities 
up to 1000 litres--Amendment 1,'' in paragraph (w)(89). ISO 21172-
1:2015/Amd1:2018 is a short supplemental amendment intended to be used 
in conjunction with ISO 21172-1:2015, which is currently referenced in 
Sec.  178.71. This amendment authorizes the use of this supplemental 
document in conjunction with the first edition, ISO 21172-1:2015. It 
also adds an end date of December 31, 2026, until which ISO 21172-
1:2015 may continue to be used without this supplemental amendment. ISO 
21172-1:2015 specifies the minimum requirements for the material, 
design, fabrication, construction, workmanship, inspection, and testing 
at manufacture of refillable welded steel gas pressure drums of volumes 
150 L to 1,000 L, and up to 300 bar (30 MPa) test pressure for 
compressed and liquefied gases. This supplemental amendment includes 
updated references and removes the restriction on corrosive substances. 
Updating references to this document aligns the HMR with documents 
referenced in the 22nd revised edition of the UN Model Regulations 
pertaining to the design and construction of UN pressure drums. PHMSA 
has reviewed this edition as part of its regular participation in the 
review of amendments for the UN Model Regulations and does not expect 
any

[[Page 25442]]

degradation of safety standards in association with its use.
     Incorporate by reference ISO 23088:2020, ``Gas cylinders--
Periodic inspection and testing of welded steel pressure drums--
Capacities up to 1000 l,'' in paragraph (w)(91). This amendment 
incorporates by reference the first edition of ISO 23088, which 
specifies the requirements for periodic inspection and testing of 
welded steel transportable pressure drums of water capacity from 150 L 
up to 1,000 L, and up to 300 bar (30 MPa) test pressure intended for 
compressed and liquefied gases in Sec.  180.207. This new standard was 
adopted in the 22nd revised edition of the UN Model Regulations because 
it fulfills the need for specific periodic inspection instructions for 
pressure drums constructed in accordance with ISO 21172-1. 
Incorporating by reference this document aligns the HMR with standards 
adopted in the 22nd revised edition of the UN Model Regulations 
pertaining to the design, construction, and inspection of UN pressure 
drums. PHMSA has reviewed this document as part of its regular 
participation in the review of amendments for the UN Model Regulations 
and expects that its addition will facilitate the continued use of UN 
pressure drums with no degradation of safety.
     In paragraph (aa)(3), incorporate by reference the OECD 
Guidelines for the Testing of Chemicals, ``Test No. 439: In Vitro Skin 
Irritation: Reconstructed Human Epidermis Test Method'' (2015). This 
Test Guideline (TG) provides an in vitro procedure that may be used for 
the hazard identification of irritant chemicals. PHMSA is amending the 
HMR to reference this test in Sec.  173.137, and to authorize the use 
of this test method in addition to those already referenced in that 
section. This test method is used to specifically exclude a material 
from classification as corrosive, and to maintain alignment with the 
22nd revised edition of the UN Model Regulations. This test method 
provides an in vitro procedure that may be used for the hazard 
identification of irritant chemicals (substances and mixtures). OECD 
test methods can be found in the OECD iLibrary available at https://www.oecd-ilibrary.org.
     In paragraph (dd), incorporate by reference United Nations 
standards including:
    [rarr] ``The Recommendations on the Transport of Dangerous Goods--
Model Regulations,'' 22nd revised edition (2021), Volumes I and II, in 
paragraph (dd)(1), which are referenced in Sec. Sec.  171.8; 171.12; 
172.202; 172.401; 172.407; 172.502; 172.519; 173.22; 173.24; 173.24b; 
173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; and 178.274. The 
Model Regulations provide framework provisions promoting uniform 
development of national and international regulations governing the 
transportation of hazardous materials by various modes of transport. At 
its tenth session on December 11, 2020, the UNSCOE on the Transport of 
Dangerous Goods adopted amendments to the UN Model Regulations on the 
Transport of Dangerous Goods concerning, inter alia, electric storage 
systems (including modification of the lithium battery mark and 
provisions for transport of assembled batteries not equipped with 
overcharge protection); requirements for the design, construction, 
inspection, and testing of portable tanks with shells made of fiber 
reinforced plastics (FRP) materials; modified listings of dangerous 
goods; and additional harmonization with the IAEA Regulations for the 
Safe Transport of Radioactive Material. PHMSA participates in the 
development of the UN Model Regulations and has determined that the 
amendments adopted in the 22nd revised edition support the safe 
transport of hazardous materials and as such are appropriate for 
incorporation in the HMR. The 22nd revised edition of the UN Model 
Regulations is available online at https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22.
    [rarr] ``The Manual of Tests and Criteria, Amendment 1 to the 
Seventh revised edition'' (Rev.7/Amend.1) (2021), in paragraph 
(dd)(2)(ii), which is referenced in Sec. Sec.  171.24, 172.102; 173.21; 
173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 
173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 173.232; 
part 173, appendix H; 175.10; 176.905; and 178.274. The Manual of Tests 
and Criteria contains instruction for the classification of hazardous 
materials for purposes of transportation according to the UN Model 
Regulations. At its tenth session, the Committee of Experts on the 
Transport of Dangerous Goods and on the Globally Harmonized System of 
Classification and Labelling of Chemicals adopted a set of amendments 
to the seventh revised edition of the Manual, which were circulated and 
collected in amendment 1 to the seventh revised edition. The new 
amendments adopted in December 2020 pertain to the transport of 
explosives, including alignment with revised Chapter 2.1 of the GHS, 
classification of self-reactive substances and polymerizing substances, 
and the assessment of the thermal stability of samples and temperature 
control assessment for transport of self-reactive substances and 
organic peroxides. PHMSA has reviewed and approved the amendments 
adopted in this document and further expects that their incorporation 
in the HMR will provide an additional level of safety. PHMSA is 
incorporating by reference this document as a supplement, to be used in 
conjunction with the seventh revised edition (2019). The amendments to 
the manual can be accessed at https://unece.org/transport/dangerous-goods/rev7-files.
    [rarr] ``Globally Harmonized System of Classification and Labelling 
of Chemicals (GHS),'' ninth revised edition (2021) in paragraph 
(dd)(3), which is referenced in Sec.  172.401. The GHS standard 
provides a basic scheme to identify and communicate the hazards of 
substances and mixtures. At its tenth session on December 11, 2020, the 
Committee of Experts on the Transport of Dangerous Goods and on the 
Globally Harmonized System of Classification and Labelling of Chemicals 
adopted a set of amendments to the eighth revised edition of the GHS 
which include, inter alia: revisions to Chapter 2.1 (explosives) to 
better address their explosion hazard when they are not in their 
transport configuration; revisions to decision logics; revisions to 
classification and labelling summary tables in Annex 1; revisions and 
additional rationalization of precautionary statements; and updates of 
references to OECD test guidelines for the testing of chemicals in 
Annexes 9 and 10. PHMSA has reviewed and approved the amendments 
incorporated in this document and further expects that its 
incorporation in the HMR will provide an additional level of safety. 
The ninth revised edition of the GHS can be accessed at https://unece.org/transport/standards/transport/dangerous-goods/ghs-rev9-2021.
Section 171.12
    Section 171.12 prescribes requirements for shipments of hazardous 
materials in North America, including use of the Transport Canada (TC) 
Transportation of Dangerous Goods (TDG) Regulations. In rule HM-
215N,\15\ PHMSA amended the HMR to expand recognition of cylinders and 
pressure receptacles, and certificates of equivalency--Transport 
Canada's equivalent of a special permit--approved in accordance with 
the TDG Regulations. The goal of these amendments was to promote 
flexibility; permit the use of modern technology for

[[Page 25443]]

the requalification and use of pressure receptacles; expand the 
universe of pressure receptacles authorized for use in hazardous 
material transport; reduce the need for special permits; and facilitate 
cross-border transportation of these pressure receptacles. In 
accordance with Sec.  171.12(a)(4), when the provisions of the HMR 
require the use of either a DOT specification or a UN pressure 
receptacle for transport of a hazardous material, a packaging 
authorized by Transport Canada's TDG Regulations may be used only if it 
corresponds to the DOT specification or UN standard. HM-215N revised 
paragraph (a)(4)(iii) to include a table listing Canadian Railway 
Commission (CRC), Board of Transport Commissioners for Canada (BTC), 
Canadian Transport Commission (CTC), or Transport Canada (TC) 
specification cylinders, in accordance and full conformance with the 
TDG Regulations, that correspond with a DOT specification cylinder.
---------------------------------------------------------------------------

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

    However, currently there are no TC specification cylinders 
corresponding to DOT specification cylinders listed in the table for 
DOT-8 and DOT-8AL cylinders used to transport acetylene. During the 
development of HM-215N, PHMSA conducted a comparative analysis of DOT 
and TC cylinder specifications, and only those TC cylinder 
specifications that corresponded directly to DOT cylinder 
specifications were included. As a result, PHMSA did not include TC-8WM 
and TC-8WAM specifications for the transport of acetylene in the table 
of corresponding cylinders at Sec.  171.12(a)(4)(iii). This omission 
was primarily due to concerns over differing solvent authorizations, 
calculations, and methods of construction for the design associated 
with the TC-8WM and TC-8WAM specifications. PHMSA conducted a second 
comparative analysis of DOT and TC cylinder specifications for 
transport of acetylene and concluded that the initial concerns were 
unwarranted. Therefore, PHMSA is adding TC-8WM and TC-8WAM 
specifications to the table of corresponding DOT specifications in 
Sec.  171.12(a)(4)(iii) as comparable cylinders to DOT-8 and DOT-8AL, 
respectively. PHMSA's supplemental review indicates the differences 
between the TC and DOT specifications for transport of acetylene are 
minor, and the standard for safety of transportation of acetylene in 
cylinders under the HMR is maintained. This amendment allows for TC 
acetylene cylinders manufactured in Canada to be filled, used, and 
requalified (including rebuild, repair, and reheat-treatment) in the 
United States, facilitating cross border movement of acetylene and 
eliminating the need for a special permit to allow transport of 
acetylene in these TC-8WM and TC-8AWM cylinders while maintaining an 
equivalent level of safety. Additionally, this amendment provides 
reciprocity to TC's authorized use of DOT-8 and DOT-8AL cylinders for 
acetylene transport. DGAC and CGA provided comments in support of this 
revision. Additionally, DGAC urges TC and PHMSA to work to mutually 
recognize competent authority approvals and special permits. DGAC adds 
that mutual recognition of these authorities will further enable 
companies to move hazardous material in a safe and expeditious manner, 
eliminating unnecessary applications to both regulatory authorities, 
while maintaining safe transportation for hazardous materials. PHMSA 
acknowledges DGAC's comment and will continue to work with TC on 
efforts to harmonize the TDG with the HMR in the future.
Section 171.23
    Section 171.23 outlines the requirements for specific materials and 
packagings transported under the ICAO Technical Instructions, IMDG 
Code, TC TDG Regulations, or the IAEA Regulations. It also includes 
authorized use, under specific conditions, of pi-marked pressure 
receptacles that comply with the Agreement Concerning the International 
Carriage of Dangerous Goods by Road (ADR), and the EU Directive 2010/
35/EU,\16\ and marked with a pi ([pi]) symbol to denote such compliance 
for transport of hazardous materials. PHMSA is amending the language in 
the provisions for pi-marked pressure receptacles in paragraph (a)(3) 
to clarify the scope of pressure receptacles authorized by this 
section. ``Pressure receptacles'' is a collective term that may be used 
to refer to many types of pressurized containers of various sizes, such 
as cylinders, tubes, pressure drums, closed cryogenic receptacles, 
metal hydride storage systems, bundles of cylinders, or salvage 
pressure receptacles. When PHMSA adopted the provisions for pi-marked 
pressure receptacles,\17\ it did not intend to broadly apply the scope 
to all pressure receptacle types. Instead, PHMSA's intent was to apply 
the authorized use of pi-marked pressure receptacles domestically only 
to cylinders, as indicated in current paragraph (a)(3)(iii), which 
specifically references cylinders. Some of the pressure receptacles 
authorized in accordance with the ADR standard do not have an 
equivalent packaging authorized in the HMR, and some have large 
capacities, both of which give pause to PHMSA with respect to the 
hazardous materials authorized in these packagings. Therefore, PHMSA is 
replacing the words ``pressure receptacles'' in paragraph (a)(3) with 
``cylinders with a water capacity not exceeding 150 L,'' as defined in 
Sec.  171.8, to specify the scope of pi-marked pressure receptacles 
authorized under Sec.  171.23. PHMSA expects that this amendment will 
improve safety by providing additional clarity with regard to the scope 
of authorized use of pi-marked pressure receptacles for transport of 
hazardous material in the United States. PHMSA is aware of growing 
interest in the authorization for use of other pi-marked pressure 
receptacles and PHMSA plans to address that issue in a future 
rulemaking. CGA and DGAC provided a comment in support of this 
revision.
---------------------------------------------------------------------------

    \16\ U.N. Econ. Comm'n for Europe, Transportation Division, 
Agreement Concerning the Int'l Carriage of Dangerous Goods by Road, 
110th Sess., ECE/TRANS/300, U.N. Sales No. E. 21. VIII. 1 (2020).
    \17\ 85 FR 75680 (Nov. 25, 2020).
---------------------------------------------------------------------------

Section 171.25
    Section 171.25 outlines additional requirements for the use of the 
IMDG Code in addition to those found in Sec.  171.22 and Sec.  171.23. 
As discussed in the NPRM, PHMSA is not adopting provisions for UN FRP 
portable tanks in the HMR. However, to facilitate limited import and 
export of these tanks in international commerce, and to gain additional 
experience with their transport, PHMSA is adding a new paragraph--Sec.  
171.25(c)(5)--that prohibits the general transportation of UN FRP 
portable tanks designed and constructed in accordance with Chapter 6.10 
of the IMDG Code within the United States, yet allows for the tanks to 
be transported within a single port area in the United States in 
accordance with the provisions of Sec.  171.25(d) covering the use of 
the IMDG Code in port areas. This action will maintain the safe 
transportation of hazardous material under the HMR while facilitating 
international commerce by permitting the import or export of hazardous 
materials in UN FRP portable tanks, and limiting their use and movement 
within the confines of a single port area. DGAC provided comments in 
support of this revision.

[[Page 25444]]

B. Part 172

Section 172.101 Hazardous Materials Table (HMT)
    The HMT summarizes terms and conditions governing transportation of 
listed hazardous materials under the HMR. For each entry, the HMT 
identifies information such as the PSN, UN identification number, and 
hazard class. The HMT specifies additional information or reference 
requirements in the HMR such as hazard communication, packaging, 
quantity limits aboard aircraft, and stowage of hazardous materials 
aboard vessels. PHMSA is making several changes to the HMT as discussed 
below. For purposes of the Government Publishing Office's typesetting 
procedures, changes to the HMT appear under three sections of the HMT: 
``remove,'' ``add,'' and ``revise.'' Certain entries in the HMT, such 
as those with revisions to the PSNs, appear as a ``remove'' and 
``add.'' Amendments to the HMT include the following:
New HMT Entry
    PHMSA is adding a new entry, ``UN3550, Cobalt dihydroxide powder, 
containing not less than 10% respirable particles, Division 6.1, PG 
I,'' to the HMT. Cobalt is a key strategic mineral used in various 
advanced medical and technical applications around the world, and it is 
essential to keep the global supply chains for this material open. This 
material has a 40-year history of safe global transport as ``UN3077, 
Environmentally hazardous substance, solid, n.o.s., Class 9'' in 
different forms, including as crude material directly from mines, high 
moisture content paste, and very fine refined powders in flexible IBCs 
rated for PG III. However, recent testing required for compliance with 
the REACH Regulation in the European Union, and subsequent evaluation 
against the hazard classification criteria of the EU Classification, 
Labelling, and Packaging (CLP) Regulation, resulted in a classification 
of Acute toxicity by inhalation Category 1, which is equivalent to the 
Division 6.1 hazard classification. As a result of this testing, it was 
determined that when this material is in fine powder form, it must no 
longer be transported as Class 9 miscellaneous hazard material. In 
powder form, cobalt dihydroxide powder must now be classified as a 
Division 6.1 toxic-by-inhalation solid material, for which a unique UN 
identification number and associated classification, hazard 
communication, and packing instructions do not currently exist in the 
HMT. This change in classification led to the development of the new UN 
identification number UN3550 and associated transportation requirements 
by the UNSCOE. To that end, the UNSCOE developed appropriate packaging 
provisions, including a special packaging condition, which permits the 
continued use of certain flexible IBCs. PHMSA notes that other forms of 
cobalt dihydroxide powder may continue to be classified and described 
as ``UN3077, Environmentally hazardous, solid, n.o.s., 9, PG III.'' 
Specifically, the UNSCOE addressed shipper concerns that flexible IBCs 
are not otherwise permitted for transport of Division 6.1 toxic solids, 
yet there is a 40-year record of safe transport of the refined material 
as UN3077 material in flexible IBCs, with no recorded accidents, 
incidents, or health issues. PHMSA is also adding a corresponding 
special provision (IP22) to indicate that the use of certain flexible 
IBCs is permitted for UN3550, which is discussed further in Sec.  
172.102 of this Section-by-Section Review. The other packaging 
provisions for this cobalt dihydroxide powder are consistent with those 
for other Division 6.1 solid materials assigned PG I, such as ``UN3467, 
Organometallic compound, solid, toxic, n.o.s.'' An entry for UN3550 was 
also added in the 2023-2024 ICAO Technical Instructions and aligns with 
the packaging requirements in this final rule. PHMSA agrees with the UN 
provision to allow for the continued transport of this hazardous 
material in flexible IBCs, or in accordance with other special 
provisions and packaging requirements outlined in Part 173. The 
addition of this new HMT entry will maintain the HMR's safety standard 
for transportation of Division 6.1 solid materials.
HMT Corrections
    PHMSA is making corrections to multiple HMT entries that were 
inadvertently modified in previous rulemakings. Specifically, for the 
PGII and PGIII entries for ``UN3129, Water-reactive liquid, corrosive, 
n.o.s.'' and ``UN3148, Water-reactive liquid, n.o.s.,'' the references 
to exceptions in Sec.  173.151 in Column 8A were removed and replaced 
with the word ``None.'' While there are no exceptions for these 
materials when assigned to PGI, PHMSA did not intend to remove the 
exceptions for PGII and III materials. Additionally, for the PGIII 
entry for ``UN3148, Water-reactive liquid, n.o.s.,'' the ``G'' in 
Column 1, which indicates that a technical name must be provided in 
association with the proper shipping name, was also inadvertently 
deleted. PHMSA expects that making these editorial corrections will 
prevent frustrations in shipping due to the inadvertent removal of the 
reference to authorized shipping exceptions and prevent confusion 
regarding the required shipping description. PHMSA also is making a 
correction to the entry ``UN0512, Detonators, electronic programmable 
for blasting.'' In HM-215P, PHMSA added three new entries for 
electronic detonators to distinguish them from electric detonators, 
which have different functioning characteristics but similar regulatory 
provisions for their transport. PHMSA incorrectly assigned an obsolete 
special provision, Special Provision 103, which was removed from the 
HMR by final rule HM-219C.\18\ UN0512 is comparable to the entry UN0255 
and therefore should reflect the same special provision, Special 
Provision 148. Therefore, PHMSA is removing the reference to Special 
Provision 103 in Column 7 for UN0512 and replacing it with Special 
Provision 148 consistent with the entry of UN0255. PHMSA expects this 
correction will remove confusion surrounding additional provisions for 
these detonators. Lastly, PHMSA is making a correction to the proper 
shipping name for UN3380, which should read ``Desensitized explosive, 
solid, n.o.s.'' In the previous HM-215 rulemaking, the word 
``explosive'' was inadvertently made plural. This spelling is in 
conflict with a similar material on the HMT, ``UN3379, Desensitized 
explosive, liquid, n.o.s.,'' and international regulations. Therefore, 
PHMSA expects that this correction will remove confusion surrounding 
the proper shipping name for these materials.
---------------------------------------------------------------------------

    \18\ 85 FR 75680 (Nov. 25, 2020).
---------------------------------------------------------------------------

    PHMSA is also making a correction to the HMT entry for ``UN1791, 
Hypochlorite Solutions.'' In HM-215O, PHMSA added stowage codes 53 and 
58--which require stowage ``separated from alkaline compounds'' and 
``separated from cyanides,'' respectively--to Column 10B of the HMT for 
several hazardous materials for consistency with changes included in 
Amendment 39-18 of the IMDG Code. These stowage codes were intended to 
be applied to several HMT entries to ensure proper segregation between 
acids and both amines and cyanides, but should not have included 
UN1791. Therefore, PHMSA is removing stowage codes 53 and 58 from 
Column 10B for this entry. PHMSA expects that this correction will 
remove the burden faced by shippers who have had to segregate 
hypochlorite solutions for compliance with the HMR, which is 
inconsistent

[[Page 25445]]

with the requirements of the IMDG Code.
    Lastly, PHMSA is making a correction to the HMT entry for ``UN3021, 
Pesticides, liquid, flammable, toxic, flash point less than 23 degrees 
C.'' On December 27, 2022, PHMSA published the HM-260B \19\ final rule 
titled ``Hazardous Materials: Editorial Corrections and 
Clarifications,'' which intended to only revise the hazardous materials 
description in Column 2 to italicize ``flash point less than 23 degrees 
C'' so that it is understood it is not part of the required PSN as it 
is now reflected in the HMT--``UN3021, Pesticides, liquid, flammable, 
toxic, flash point less than 23 degrees C.'' However, this revision 
unintentionally left out the PG II line for the ``UN3021, Pesticides, 
liquid, flammable, toxic, flash point less than 23 degrees C '' entry, 
and thus it was inadvertently revised in the HMT to only show the PG I 
line of the table entry for this hazardous material description. 
Therefore, in this final rule, PHMSA is revising the entry under 
``UN3021, Pesticides, liquid, flammable, toxic, flash point less than 
23 degrees C '' to again include the PG II line as it was never 
intended to be removed, and to avoid confusion by stakeholders whether 
there is no longer a PG II line with associated references for 
authorized packaging and transportation conditions for this table 
entry.
---------------------------------------------------------------------------

    \19\ 87 FR 79752 (Dec. 27, 2022).
---------------------------------------------------------------------------

Column (2) Hazardous Materials Descriptions and Proper Shipping Names
    Section 172.101(c) describes column (2) of the HMT and the 
requirements for hazardous materials descriptions and PSNs. PHMSA is 
consolidating two entries in the HMT that are currently listed under 
``UN1169, Extracts, aromatic, liquid'' (PGII and PGIII) and ``UN1197, 
Extracts, flavoring, liquid'' (PGII and PGIII). Specifically, PHMSA is 
removing the table entry for ``UN1169, Extracts, aromatic, liquid'' and 
modifying the PSN associated with the table entry for UN1197 to reflect 
materials that have been historically transported separately under 
UN1169 and UN1197. The 22nd revised edition of the UN Model Regulations 
made these same changes, deleting UN1169 from the Dangerous Goods List 
and changing the PSN for UN1197 to ``Extracts, liquid, for flavor or 
aroma'' to remove confusion associated with selection of the 
appropriate PSNs across the various languages of nations engaged in 
international shipments of the material. It became apparent that, 
whether for a flavor extract or aroma extract, the PSNs were often used 
interchangeably as there is no difference between the two with regard 
to classification, hazard communication, and packaging for transport. 
PHMSA agrees that the existence of two interchangeable UN numbers does 
not provide any additional value and, therefore, is removing the table 
entry for UN1169 and modifying the PSN for UN1197 to read ``Extracts, 
liquid, for flavor or aroma.'' Additionally, PHMSA is amending the text 
of paragraph (c)(12)(ii), which outlines requirements for generic or 
n.o.s. descriptions. The text of this paragraph provides an example 
using ``Extracts, flavoring, liquid.'' Therefore, PHMSA is amending the 
wording of that example by replacing ``Extracts, flavoring, liquid'' 
with ``Extracts, liquid, for flavor or aroma'' to correspond to the 
amended PSN for UN1197. This action maintains the current level of 
safety for transportation of liquid extracts.
Column (3) Hazard Class or Division
    Section 172.101(d) describes column (3) of the HMT, which 
designates the hazard class or division corresponding to the PSN of 
that entry. Consistent with changes adopted in the 22nd revised edition 
of the UN Model Regulations, PHMSA is changing the primary hazard 
classification for the entry ``UN1891, Ethyl Bromide,'' from a toxic 
liquid of Division 6.1 to a Class 3 flammable liquid. This change in 
classification is consistent with the change adopted in the 2023-2024 
ICAO Technical Instructions, as well as the UN Model Regulations, and 
is based on new test data indicating that the flash point and boiling 
point of ethyl bromide has a core flammability hazard according to the 
Class 3 classification criteria of the ICAO Technical Instructions. 
More specifically, different data sources showed that its flash point 
of -20 [deg]C (-4 [deg]F) and its boiling point of 38 [deg]C (100.4 
[deg]F) meet the criteria for assignment as a Class 3 at the PG II 
level--the criteria of which is having a flash point <23 [deg]C and 
boiling point >35 [deg]C. Additionally, rather than classifying ethyl 
bromide solely as a Class 3 flammable liquid, it was determined that 
the Division 6.1 hazard still applies and should remain assigned as a 
subsidiary hazard. This is consistent with the HMR precedence of hazard 
table in Sec.  173.2a, which states that a material that meets criteria 
for classification as both Class 3 and Division 6.1 (except for when a 
material meets the PG I poison-by-inhalation criteria), the 
flammability hazard takes precedence and is the primary hazard. These 
changes in hazard class and associated packaging requirements were 
adopted to ensure that the hazards of ethyl bromide are accurately 
communicated and appropriately packaged. PHMSA reviewed these findings 
and agrees it is appropriate to classify ethyl bromide as a flammable 
liquid, with a subsidiary Division 6.1 hazard. Because of this change 
in hazard class, additional conforming changes to the HMT entry for 
ethyl bromide are required in column (6), as discussed below. 
Additionally, PHMSA expects that clearly identifying the flammability 
hazard posed by this material will improve safety by ensuring that the 
material is handled appropriately before and during transport.
Column (6) Label Codes
    Section 172.101(g) describes column (6) of the HMT, which contains 
label codes representing the hazard warning labels required for a 
package filled with a material conforming to the associated hazard 
class and proper shipping name, unless the package is otherwise 
excepted from labeling. The first code is indicative of the primary 
hazard of the material. Additional label codes are indicative of 
subsidiary hazards. As discussed above, PHMSA is modifying the primary 
hazard class for ``UN1891, Ethyl bromide'' to Class 3. Consistent with 
this change, PHMSA is assigning Class 3 as the primary hazard label and 
Division 6.1 as a subsidiary hazard label. Consequently, PHMSA is 
amending column (6) of the HMT for this entry to reflect the warning 
labels required for the transport of this hazardous material. PHMSA 
expects that this change will improve safety by clearly communicating 
the transportation hazards of this material.
Column (7) Special Provisions
    Section 172.101(h) describes column (7) of the HMT, which assigns 
special provisions for each HMT entry. Section 172.102 provides for the 
meaning and requirements of the special provisions assigned to entries 
in the HMT. The revisions to column (7) of certain entries in the HMT 
are discussed below.
Special Provision 396
    PHMSA is adding a new special provision, Special Provision 396, and 
assigning it to ``UN3538, Articles containing non-flammable, non-toxic 
gas, n.o.s.'' DGAC noted that PHMSA had inadvertently left out Special 
Provision 396 in column 7 for ``UN3538, Articles containing non-
flammable, non-toxic gas, n.o.s.'' PHMSA has revised that editorial 
error in this final rule. For

[[Page 25446]]

additional information, see Sec.  172.102 of the Section-by-Section 
Review.
Special Provision 398
    PHMSA is assigning a newly added special provision, Special 
Provision 398, which pertains to the potential classification of 
butylene and butylene mixtures as UN1012. This special provision 
clarifies that butylene mixtures and certain butylene isomers may be 
assigned to UN1012, while specifically excluding isobutylene from this 
UN classification. For additional information, see Sec.  172.102 of the 
Section-by-Section Review.
Special Provisions A4 and A5
    PHMSA is assigning Special Provision A4 to the entry ``UN2922, 
Corrosive liquid, toxic, n.o.s.'' and Special Provision A5 to the entry 
``UN2923, Corrosive solid, toxic, n.o.s.'' Special Provisions A4 and A5 
address liquids and solids in PG I that also pose an inhalation 
toxicity hazard by limiting or prohibiting their transportation on 
aircraft. In principle, all liquids or solids that have an inhalation 
toxicity hazard, and assigned PG I, should be subject to one of the two 
special provisions, as appropriate. However, UN2922 and UN2923 are 
assigned Class 8 as the primary hazard and Division 6.1 as a subsidiary 
hazard because of classification guidelines that require hazardous 
materials that meet the criteria of Class 8, and have an inhalation 
toxicity of dusts and mists (LC50) in the range of PG I, but toxicity 
through oral ingestion or dermal contact only in the range of PG III or 
less, must be assigned to Class 8 as the primary hazard rather than 
Division 6.1. In reviewing these provisions, the ICAO Dangerous Goods 
Panel (DGP) determined that additional restrictions should be 
implemented for these hazardous materials as the corrosive 
classification assigned to UN2922 and UN2923 does not negate the 
inhalation toxicity hazard. Because of the inhalation hazard posed by 
these materials, the 2023-2024 ICAO Technical Instructions included an 
amendment to impose quantity limits for transportation of these 
materials by air. PHMSA agrees with this determination and therefore is 
assigning Special Provision A4 to UN2922, which prohibits this material 
from transport on passenger and cargo-only aircraft. PHMSA also is 
assigning Special Provision A5 to UN2923, which prohibits this material 
on passenger aircraft and limits the amount that may be transported on 
cargo-only aircraft. PHMSA expects that correcting this conflict will 
improve safety by prohibiting corrosive materials that also pose 
inhalation hazards on passenger aircraft and limiting their transport 
on cargo-only aircraft.
Special Provisions A224 and A225
    PHMSA is adding two new air special provisions, A224 and A225, and 
assigning them to HMT entries ``UN3548, Articles containing 
miscellaneous dangerous goods, n.o.s.'' and ``UN3538, Articles 
containing non-flammable, non-toxic gas, n.o.s.,'' respectively. These 
special provisions allow for the transport on both passenger aircraft 
and cargo-only aircraft under certain conditions. For additional 
information, see 172.102 of the Section-by-Section Review. Also, see 
Sec.  172.102 of the Section-By-Section Review below for a detailed 
discussion of the special provision amendments addressed in this final 
rule. DGAC and MDTC provided comments in support of this revision.
Column (8) Packaging
    Section 172.101(i) explains the purpose of column (8) in the HMT. 
Columns (8A), (8B), and (8C) specify the applicable sections for 
exceptions, non-bulk packaging requirements, and bulk packaging 
requirements, respectively. Columns (8A), (8B), and (8C) are completed 
in a manner which indicates that ``Sec.  173.'' precedes the designated 
numerical entry. Column (8A) contains exceptions from some of the 
requirements of this subchapter. The referenced exceptions are in 
addition to those specified in subpart A of part 173 and elsewhere in 
subchapter C. The word ``None'' in this column means no packaging 
exceptions are authorized, except as may be provided by special 
provisions in column (7). For example, the entry ``151'' in column 
(8A), associated with the proper shipping name ``Nitrocellulose with 
water,'' indicates that, for this material, packaging exceptions are 
provided in Sec.  173.151 of this subchapter.
    PHMSA is removing references to Sec.  173.151, which provides 
exceptions for Class 4 hazardous materials, in column (8A), and adding 
the word ``None'' for three solid desensitized explosive entries: 
``UN2555, Nitrocellulose with water with not less than 25 percent water 
by mass;'' ``UN2556, Nitrocellulose with alcohol with not less than 25 
percent alcohol by mass, and with not more than 12.6 percent nitrogen, 
by dry mass;'' and ``UN2557, Nitrocellulose, with not more than 12.6 
percent nitrogen, by dry mass mixture with or without plasticizer, with 
or without pigment.'' These changes remove the applicability of the 
limited quantity exceptions for these hazardous materials to correct an 
inconsistency regarding solid desensitized explosives. Consistent with 
the UN Model Regulations, PHMSA has not authorized limited quantity 
packaging exceptions for 30 other solid desensitized explosives.\20\ 
Solid desensitized explosives are explosive substances that are wetted 
with water or alcohols, or are diluted with other substances, to form a 
homogeneous solid mixture to suppress their explosive properties. Like 
PG I materials, solid desensitized explosives in PG II are specifically 
prohibited from transport under the limited quantity provisions in the 
UN Model Regulations. However, this inconsistency was identified with 
respect to air transport by the ICAO DGP, resulting in a similar 
amendment in the 2023-2024 ICAO Technical Instructions. In this final 
rule, PHMSA is also making related editorial amendments in Sec.  
173.27, general requirements for transportation by aircraft. (See 
additional discussion in Sec.  173.27 of Section-by-Section Review.) 
PHMSA expects that correcting this oversight to require these 
nitrocellulose mixtures be transported in accordance with all 
requirements of the HMR, rather than permitting the use of the limited 
quantity exceptions in Sec.  173.151, will not only add an additional 
level of safety, but also facilitate the transport of these materials 
by streamlining packaging and hazard communication requirements to be 
consistent with requirements for similar materials and with 
international regulations.
---------------------------------------------------------------------------

    \20\ UN1310, UN1320, UN1321, UN1322, UN1336, UN1337, UN1344, 
UN1347, UN1348, UN1349, UN1354, UN1355, UN1356, UN1357, UN1517, 
UN1571, UN2555, UN2556, UN2557, UN2852, UN2907, UN3317, UN3319, 
UN3344, UN3364, UN3365, UN3366, UN3367, UN3368, UN3369, UN3370, 
UN3376, UN3380, and UN3474.UN1517, UN1571, UN2555, UN2556, UN2557, 
UN2852, UN2907, UN3317, UN3319, UN3344, UN3364, UN3365, UN3366, 
UN3367, UN3368, UN3369, UN3370, UN3376, UN3380, and UN3474.
---------------------------------------------------------------------------

Column (9) Quantity Limitations
    Section 172.101(j) explains the purpose of column (9) in the HMT. 
Column (9) specifies quantity limitations for packages transported by 
air and rail. Column (9) is divided into two columns: column (9A) 
provides quantity limits for passenger aircraft/rail, and column (9B) 
provides quantity limits for cargo-only aircraft.
    Consistent with changes adopted in the 2023-2024 edition of the 
ICAO Technical Instructions, PHMSA is amending the quantity limitations 
for UN 1891, Ethyl bromide, when

[[Page 25447]]

transported by passenger aircraft. Previously, the maximum net quantity 
per package for passenger aircraft was 5 L on the Dangerous Goods List 
of the ICAO Technical Instructions; this same quantity limit is 
currently in place for passenger aircraft, as indicated in column (9A) 
of the HMT. As a result of the reclassification of UN1891 as a Class 3 
flammable liquid, the permitted quantity was reduced in the ICAO 
Technical Instructions to 1L per packaging. This change is in line with 
the quantity limits for many other Class 3 materials. PHMSA is making a 
corresponding change for passenger aircraft limits in column (9A). With 
regard to cargo-only aircraft, no changes to the 60 L maximum net 
quantity were made in the ICAO Technical Instructions, as that limit is 
the same for Class 3 and Division 6.1 materials. PHMSA expects that 
this change will provide an additional level of safety commensurate to 
the newly recognized flammability hazard posed by this material.
    PHMSA is modifying the packaging limits aboard cargo-only aircraft 
for three battery entries: ``UN2794, Batteries, wet, filled with acid, 
electric storage;'' ``UN2795, Batteries, wet, filled with alkali, 
electric storage;'' and ``UN3292, Batteries, containing sodium.'' 
Specifically, these changes limit the quantity per packaging to 400 kg, 
as there is currently no limit for these items. Typically, these 
articles must be packed in UN specification packagings, and 400 kg is 
the maximum quantity permitted in such packagings. These changes are 
consistent with changes made in the 2023-2024 ICAO Technical 
Instructions, which were made as a correction to an inconsistency 
between the ICAO Technical Instructions and the UN Model Regulations. 
Therefore, in column (9B) of the HMT, the words ``no limit'' will be 
replaced by 400 kg. PHMSA expects that this change will streamline 
packaging requirements by providing packaging limits for similar items 
in similar packagings, consistent with analogous international 
regulations. This streamlining will also increase safety by increasing 
clarity on the packaging limits for these similar items.
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the 
transportation of specific hazardous materials. Special provisions 
include packaging requirements, prohibitions, and exceptions applicable 
to particular quantities or forms of hazardous materials. PHMSA is 
making the following revisions to the special provisions in this 
section:
Special Provision 78
    Special Provision 78 currently states that ``UN1002, Air, 
compressed'' may not be used to describe compressed air that contains 
more than 23.5% oxygen. It also stipulates that compressed air 
containing more than 23.5% oxygen must be shipped using the description 
``UN3156, Compressed gas, oxidizing, n.o.s.,'' which has a Class 5 
subsidiary hazard classification. PHMSA is amending Special Provision 
78 to provide additional clarity with regard to the permitted use of 
the proper shipping description UN1002. In an effort to address 
specific mixtures of nitrogen and oxygen that are commercially called 
``synthetic air,'' the 22nd revised edition of the UN Model Regulations 
includes a new special provision that was intended to clarify that 
``synthetic air'' may be transported under UN1002, provided that it 
does not contain more than 23.5% oxygen. ``Synthetic air'' is typically 
a mixture containing up to 23.5% oxygen with the balance being 
nitrogen. This mixture is used in a variety of applications, including 
medical and non-medical, and may be used when ambient air is not 
sufficient due to the presence of contaminants. This new special 
provision specifies that mixtures of nitrogen and oxygen containing not 
less than 19.5% and not more than 23.5% oxygen by volume may be 
transported under UN1002 when no other oxidizing gases are present. It 
also states that a Division 5.1 subsidiary hazard label is not required 
for any concentrations within this limit. While this language is not 
drastically different than the current language in the HMR, PHMSA 
expects that rewording Special Provision 78 to include the 19.5% lower 
bound for oxygen and the note regarding the use of the Division 5.1 
subsidiary hazard label will improve safety by providing clearer and 
more useful instructions for shippers of compressed synthetic air.
Special Provision 156
    PHMSA is amending Special Provision 156 to require that, when 
transported by air, a shipping paper, such as an air waybill, 
accompanying the shipment must indicate that the package containing 
asbestos is not restricted for shipment. Currently, this special 
provision excepts asbestos from the requirements of 49 CFR Subchapter C 
when it is immersed or fixed in a natural or artificial binder--such as 
cement, plastics, asphalt, resins, or mineral ore--in such a way that 
no escape of hazardous quantities of respirable asbestos fibers can 
occur. It was noted that confusion over whether a shipment was or was 
not excepted from the regulations had led to delays and frustrated 
shipments. The 2023-2024 ICAO Technical Instructions amended a similar 
special provision to assist in providing evidence of compliance with 
its requirements. PHMSA's revision to Special Provision 156 requires 
that, when transported by air, packages or shipping documentation be 
marked to indicate that the package containing asbestos is not 
restricted for shipment. PHMSA expects that this requirement will 
facilitate the safe shipment of asbestos by preventing them from being 
mistaken as fully regulated hazardous materials.
Special Provision 387
    Special Provision 387 provides shippers of polymerizing substances 
with information regarding stabilization requirements for their 
shipments. As discussed below, in an earlier rulemaking, PHMSA placed 
sunset dates on the HMR provisions concerning transport provisions for 
polymerizing substances to allow time for the completion of research on 
various topics concerning their transport, and to gather and review 
empirical evidence concerning the appropriate transport provisions for 
polymerizing substances. In line with other amendments in this final 
rule for the transport of polymerizing substances, PHMSA is amending 
Special Provision 387 to remove the sunset date of January 2, 2023. The 
result of this amendment is that the existing stabilization 
requirements noted in this special provision remain and the sunset date 
is removed. DGAC and Dow Chemical provided comments in support of this 
revision. See 173.21 of the Section-by-Section Review for the full 
discussion of changes pertaining to polymerizing substances.
Special Provision 396
    PHMSA is adding a new special provision, Special Provision 396, and 
assigning it to ``UN3538, Articles containing non-flammable, non-toxic 
gas, n.o.s,'' to authorize the transport of large and robust articles 
(e.g., transformers) that include cylinders containing UN1066 
``Nitrogen,'' UN1956 ``Compressed gas N.O.S.,'' or UN1002 ``Air, 
compressed'' with the valves open to allow low quantities of gas to be 
constantly supplied through a pressure regulator from a gas cylinder 
connected to the transformer. Similar provisions were added in the 22nd 
revised edition of the UN Model Regulations and Amendment 41-22 of the 
IMDG Code to

[[Page 25448]]

address shipments of transformers, which are typically pressurized with 
nitrogen or air but are not gas tight. Prior to 2020, transformers were 
transported as ``UN 3363, Dangerous Goods in Machinery/Apparatus;'' 
however, the packing provisions for UN3363 imposed quantity limits 
requiring multiple approvals from competent authorities as specified in 
Special Provision 136 in the HMR (SP 301 in the UN Model Regulations). 
Following more recent amendments to the UN Model Regulations, these 
transformers were eligible for transport under UN 3538. The provisions 
that allow these transformers to be transported unpackaged do not 
explicitly require the transformer to be gas-tight but instead require 
the valves to be closed during transport. To obviate the need for an 
approval each time such transformers are transported, a new special 
provision was added to the 22nd revised edition of UN Model Regulations 
because these transformers only emit small quantities of nitrogen or 
synthetic air, which are not flammable, toxic, corrosive, or oxidizing. 
PHMSA is making several safety controls in shipments of this type that 
are largely consistent with the provisions adopted in the UN Model 
Regulations and the IMDG Code. These controls include requiring the 
following: cylinders must be connected to the article through pressure 
regulators and have fixed piping to keep the pressure below 35 kPa 
(0.35) bar; cylinders must be secured to prevent shifting; cylinders 
and other components must be protected from damage and impacts during 
transport; the shipping paper must include a reference to shipping 
under this special provision; and if placed inside a cargo transport 
unit (CTU), the CTU must be well ventilated. PHMSA notes that these 
international regulations require marking the CTU with the asphyxiation 
warning mark for CTUs. The HMR has not adopted this mark and is not 
doing so at this time. PHMSA is not revising this mark because it views 
the additional controls--specifically, the indication on the shipping 
paper, as well as other operational controls noted in the special 
provision--as providing sufficient warning to those in the transport 
chain of the dangers present and mitigation of potential hazards. PHMSA 
expects that the addition of this special provision will facilitate the 
transport of this specialized machinery without imposing excessive 
manufacturing requirements to ensure gas tightness to prevent the 
release of relatively innocuous gases during transport.
Special Provision 398
    PHMSA is adding Special Provision 398, pertaining to the 
classification of hazardous materials under UN1012, Butylene. This new 
special provision clarifies that butylene mixtures and certain butylene 
isomers may be assigned to UN1012, while specifically excluding UN1055, 
Isobutylene, from this UN classification. Butylene, also known as 
butene, includes four different isomers, corresponding to one general 
chemical formula, C4H8. One of these isomers is isobutylene, which, 
while similar to the other three isomers, has been assigned a separate 
UN number, UN1055, which has its own set of packaging provisions. To 
avoid ``UN1055, Isobutylene'' being classified and transported under 
UN1012, this amendment facilitates the consistent and proper 
classification of this group of hazardous materials. This clarification 
for UN1012, Butylene, was added in the 22nd revised edition of the UN 
Model Regulations for consistency with European regulations, which made 
similar changes to avoid ``UN1055, Isobutylene'' being classified and 
transported under UN1012. PHMSA is adding this clarifying special 
provision with the expectation that it will facilitate consistent and 
proper classification of this group of hazardous materials.
Special Provision 421
    Special Provision 421 is currently assigned to the four 
polymerizing substance entries in the HMT.\21\ Currently, this special 
provision notes that these entries will no longer be effective on 
January 2, 2023, unless extended or terminated prior to this date. As 
discussed in ``Section I. Executive Summary'' section of this 
rulemaking, PHMSA had placed sunset dates on the HMR provisions 
concerning transport provisions for polymerizing substances to allow 
time for the completion of research on various topics concerning their 
transport, and to gather and review empirical evidence concerning the 
appropriate transport provisions for polymerizing substances. As we 
have completed this review, we are deleting Special Provision 421 and 
maintaining the existing polymerizing substance HMT entries. DGAC 
provided comments in support of this revision.
---------------------------------------------------------------------------

    \21\ UN3531, UN3532, UN3533, and UN3534.
---------------------------------------------------------------------------

Special Provision A54
    Special Provision A54 specifies that, irrespective of the quantity 
limits in column (9B) of the Sec.  172.101 table, a lithium battery, 
including a lithium battery packed with, or contained in, equipment 
that otherwise meets the applicable requirements of Sec.  173.185, may 
have a mass exceeding 35 kg, if approved by the Associate Administrator 
prior to shipment. PHMSA is amending this special provision to require 
that, when this special provision is used, the special provision number 
must be indicated on the shipping paper. PHMSA expects that this 
amendment will enhance safety by improving the communication of 
potential hazards, as without such indication, the need for shipment 
acceptance staff to check and ensure a copy of the approval 
accompanying the shipment can potentially be missed.
Special Provisions A224 and A225
    The 2023-2024 ICAO Technical Instructions added two new special 
provisions permitting the transport of articles containing hazardous 
materials aboard passenger and cargo-only aircraft. Currently these 
articles are forbidden from transport on passenger and cargo-only 
aircraft, as specified in column (9) of the HMT. However, the ICAO DGP 
developed these packaging provisions, which include provisions that 
ensure appropriate gas containment during transport. The aim of these 
special provisions was to facilitate the transport of large articles 
containing environmentally hazardous substances (such as aircraft 
landing gear struts filled with hydraulic fluid) and large articles 
containing a non-flammable, non-toxic gas (such as new types of 
magnetic resonance imaging (MRI) scanners, which often contain 
compressed helium as well as lithium cells or batteries). These 
amendments were adopted in the 2022-2023 ICAO Technical Instructions, 
and PHMSA is mirroring these provisions by adding two new air-specific 
special provisions, A224 and A225, and assigning them to HMT entries 
``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.'' 
and ``UN 3538, Articles containing non-flammable, non-toxic gas, 
n.o.s.,'' respectively.
    These special provisions allow for the transport of large articles 
containing a non-flammable, non-toxic gas or environmentally hazardous 
substances on both passenger aircraft and cargo aircraft only under 
certain conditions. Specifically, under Special Provision A224, 
``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.'' 
are permitted on passenger and cargo-only aircraft, provided that the 
only dangerous goods in the article are environmentally hazardous 
substances, except for lithium cells or batteries that comply with 
Sec.  173.185(c) (e.g., the

[[Page 25449]]

article may contain an environmentally hazardous substance and lithium 
cell or battery that complies with Sec.  173.185(c)).
    Similarly, under Special Provision A225, ``UN3538, Articles 
containing non-flammable, non-toxic gas, n.o.s.'' are permitted aboard 
passenger and cargo-only aircraft, provided that the article contains 
only a Division 2.2 gas that does not have a subsidiary hazard 
excluding refrigerated liquefied gases and other gases forbidden for 
transport on passenger aircraft, except for lithium cells or batteries 
that comply with Sec.  173.185(c) (e.g., the article may contain a non-
refrigerated liquefied gas or otherwise forbidden Division 2.2 gas 
without a subsidiary hazard and a lithium cell or battery that complies 
with Sec.  173.185(c)). In addition to containing only the permitted 
hazardous materials, the special provision also requires that shippers 
comply with additional packaging requirements specified in Sec.  
173.232, and that the special provision be indicated on shipping 
documentation.
    The ICAO DGP agreed that these provisions were appropriate given 
that environmentally hazardous substances pose a very low hazard in 
air, and that non-flammable, non-toxic gases without subsidiary hazard 
are already allowed on both passenger and cargo-only aircraft as well 
as certain other articles containing similar gases. PHMSA agrees and 
expects that, in addition to aligning the HMR with recent changes added 
to the 2023-2024 ICAO Technical Instructions, the addition of these 
provisions will facilitate the transport of these materials by air 
while maintaining the current level of safety for air transport of 
certain hazardous materials. MDTC provided a comment in support of 
these revisions.
IP Codes
    IP Codes are special provisions that are assigned to specific 
commodities and applicable when that commodity is transported in IBCs. 
Table 2 in Sec.  172.102 specifies the requirements corresponding to 
the IP Code indicated in column (7) of the HMT. In this final rule, 
PHMSA is amending the text of IP15 and adding a new IP Code, IP22.
IP15
    PHMSA is amending the text of IP15 to clarify language pertaining 
to the authorized period of use of composite IBCs. Currently, IP15 
states that for IBCs containing UN2031 with more than 55% nitric acid, 
rigid plastic IBCs and composite IBCs that have a rigid plastic inner 
receptacle are authorized for two years from the date of IBC 
manufacture. A change to a corresponding special provision was adopted 
in the 22nd revised edition of the UN Model Regulations to make clear 
that the authorized two-year period of use specifically refers to the 
duration of use of the inner receptacle of composite IBCs and not to 
the outer framework. The intent of this requirement is to limit the 
inner receptacle for composite IBCs to the two-year period of use when 
used for this specific corrosive material, rather than requiring that 
the outer framework be inspected as often. The entire composite IBC 
remains subject to the five-year inspection interval, prescribed in 
Sec.  180.352. This change in the UN Model Regulations was in response 
to mistranslations of the UN Model Regulations, which led to 
inconsistent maintenance of composite IBCs. While PHMSA is not aware of 
any issues surrounding the language in IP15, PHMSA expects that making 
this editorial change will ensure international users are not confused 
by the text of the HMR, and this clarification will enhance safe 
transport of hazardous materials in such IBCs.
IP22
    As discussed earlier, PHMSA is adding a new IP code, IP22, for the 
new entry, ``UN 3550, Cobalt dihydroxide powder, containing not less 
than 10% respirable particles.'' This special provision authorizes the 
transport of Cobalt dihydroxide powder, a Division 6.1 solid, in 
flexible IBCs that are equipped with siftproof liners that prevent any 
egress of dust during transport. This hazardous material was recently 
classified as a solid with a toxic-by-inhalation hazard. Prior to this 
Division 6.1 classification, cobalt dihydroxide had been transported as 
``UN3077, Environmentally hazardous substance, solid, n.o.s., Class 9'' 
in unlined flexible IBCs. However, this reclassification posed a 
problem for shippers because flexible IBCs are not authorized for 
Division 6.1 toxic solids. In response to the recent EU GHS changes, 
many shippers stopped using unlined flexible IBCs and began using lined 
13H3 or 13H4 flexible IBCs to prevent the release of dust.\22\ 
Additionally, the industry also developed a new design type flexible 
IBC with an improved liner to prevent egress of dust. This new design 
type, 13H3 flexible IBC, has been tested and approved to PG I by 
international competent authorities. Consequently, to address the 
packaging problem shippers faced as a result of new classification 
criteria, the UNSCOE created a special provision that allows this 
material to be transported in lined siftproof packagings. This decision 
was based on the 40-year record of safe transport in this material in 
PG III packagings, as well as the additional level of sift-proofness 
provided by the new design track record of the new siftproof 
packagings. PHMSA agrees with the UNSCOE's determination that siftproof 
flexible IBCs are appropriate packagings for this material and expects 
that this special provision will avoid unnecessary disruptions in the 
transport of this essential raw material while still ensuring safe 
transport of this material. The lack of a UN entry for this specific 
combination of physical and hazardous attributes--solid and toxic-by-
inhalation--led to the development of this new UN entry by the UNSCOE. 
More specifically, UN3550 was created for cobalt dihydroxide to resolve 
the packaging and transport problem faced by shippers because of the 
new Division 6.1 classification. Consequently, based on the record of 
safe transport by multi-modal means in flexible IBCs, with no recorded 
accidents, incidents, or health issues as UN3077, the UNSCOE's 
resolution of this packaging conflict was to develop a new UN number, 
assigning appropriate packing provisions and creating a special 
packaging condition which permits the use of flexible IBCs.
---------------------------------------------------------------------------

    \22\ https://unece.org/DAM/trans/doc/2019/dgac10c3/UN-SCETDG-56-INF19e.pdf.
---------------------------------------------------------------------------

C. Part 173

Section 173.4b
    Section 173.4b specifies the hazard criteria and packaging 
requirements to qualify for the de minimis exception--i.e., exceptions 
from certain HMR requirements for very minor amounts of hazardous 
material. For non-infectious biological specimens that contain minor 
amounts of preservatives that are a hazardous material, PHMSA is adding 
a reference to formaldehyde solution in paragraphs (b)(1)(i) and 
(b)(1)(ii) to clarify that the conditions for packing of the specimens 
applies to formaldehyde solution too. Currently, paragraph (b) excepts 
non-infectious biological specimens, such as those of mammals, birds, 
amphibians, reptiles, fish, insects, and other invertebrates, 
containing small quantities of chemical preservatives like ethanol or 
formaldehyde solution from the HMR, provided certain conditions are 
met. For example, paragraph (b)(1) provides instruction for when 
alcohol or an alcohol solution is used, such as when a specimen is 
placed in a plastic bag, that any free liquid in the bag must not 
exceed 30 mL. The ICAO Technical Instructions include a similar 
instruction, yet during a review of the

[[Page 25450]]

ICAO Technical Instructions, the ICAO DGP noted that the exception does 
not address when formaldehyde solutions are used as preservatives for 
specimens; thus, there was no specified limit on the amount of free 
liquid formaldehyde solution that may be in a packaging. Consequently, 
the 2023-2024 ICAO Technical Instructions include an amendment to the 
de minimis provisions to specify limits for formaldehyde solutions. 
PHMSA agrees with this clarifying amendment and expects that adopting a 
similar change will enhance safety by removing uncertainty about 
whether the quantity limits also apply to formaldehyde solutions. PHMSA 
received a comment from the MDTC in support of this revision.
Section 173.21
    Section 173.21 describes situations in which offering for transport 
or transportation of certain materials or packages is forbidden. 
Examples of such forbidden shipments include materials designated as 
``Forbidden'' in Column (3) of the HMT; electrical devices that are 
likely to generate sparks and/or a dangerous amount of heat; and 
materials that are likely to decompose or polymerize and generate 
dangerous quantities of heat or gas during decomposition or 
polymerization. This last group of materials is addressed in paragraph 
(f) of this section, which outlines the conditions under which 
materials that are likely to decompose or polymerize unless stabilized 
or inhibited in some manner (e.g., with temperature controls or 
chemical stabilization) are authorized for transport.
    PHMSA is lowering the temperature threshold for certain materials 
transported in portable tanks that require temperature control. 
Specifically, this amendment lowers this threshold temperature for a 
material that is likely to decompose with a self-accelerated 
decomposition temperature (SADT), or polymerize with a self-accelerated 
polymerization temperature (SAPT) from 50 [deg]C (122 [deg]F) to 45 
[deg]C (113 [deg]F) when transported in portable tanks. This means that 
portable tanks containing materials likely to decompose or polymerize 
at temperatures greater than 45 [deg]C are not required to be 
stabilized or inhibited by temperature control. In an earlier 
rulemaking, HM-215N, PHMSA gave notice that at that time, it would not 
adopt reductions in temperature thresholds for shipments in portable 
tanks, and maintained a 50 [deg]C (122 [deg]F) threshold for requiring 
temperature control to allow for additional time to conduct research on 
the impacts of such a change and to allow additional time to fully 
consider the issue. However, PHMSA-sponsored research, which was 
completed in February 2021 by APT Research, Inc. (APT),\23\ has 
informed our revisions in this final rule. That research aimed to 
gather more information concerning temperature control of polymerizing 
substances in portable tanks, and testing requirements for these 
substances intended to be transported in portable tanks or intermediate 
bulk containers (IBCs), as these two areas of safety controls in the 
HMR differed from those adopted in the international consensus 
standards and regulations. The report following research conducted by 
APT noted that ``relaxing the temperature control requirements as 
proposed by HM-215N is assessed to be an appropriate approach since it 
will harmonize U.S. regulations with international requirements and no 
additional hazards were identified for any common polymers during 
transport. Polymers in industry with SAPTs approaching 45 [deg]C or 50 
[deg]C were found to be uncommon.'' PHMSA agrees with this assessment 
and is lowering this temperature threshold at which temperature control 
is required for portable tanks containing a material that is likely to 
decompose with a SADT, or polymerize with a SAPT from 50 [deg]C (122 
[deg]F) or less to 45 [deg]C (113 [deg]F) or less. Although the APT 
research focused on polymerizing materials, PHMSA believes decomposing 
materials behave similarly and has opted to apply the change to both 
material types. PHMSA believes this amendment will help facilitate 
international transportation of these goods while maintaining the high 
standard of safety in the HMR for transportation of decomposing and 
polymerizing materials. To that end, PHMSA also is amending the table 
in paragraph (f)(1) to accommodate the specific temperature controls 
applicable to decomposing and polymerizing substances transported in 
portable tanks. This amendment aligns the HMR with temperature 
thresholds for substances with SADTs and SAPTs transported in portable 
tanks with those found in the UN Model Regulations and the IMDG Code. 
Further, based on this change specific to use of portable tanks, PHMSA 
is revising the table in paragraph (f)(1) to include packaging type as 
a factor in determining the criteria for control temperatures and 
emergency temperatures. Lastly, PHMSA is amending paragraph (f) to 
provide a reference to the lower threshold of 45 [deg]C (113 [deg]F) 
for portable tanks and include a reference to language concerning 
organic peroxides that require temperature control. Paragraph (f)(2) is 
revised to (f)(2)(i)-(iii) to indicate general temperature control 
requirements for organic peroxides by type. These requirements are 
consistent with the UN Model Regulations and ensure that appropriate 
temperature control provisions are applied to organic peroxides not 
specifically listed in the Organic Peroxide Table in Sec.  173.225. 
DGAC and Dow Chemical provided comments in support of this revision.
---------------------------------------------------------------------------

    \23\ Report can be accessed in Docket No. PHMSA-2021-0092 on 
www.regulations.gov.
---------------------------------------------------------------------------

    Additionally, to fully adopt these changes, PHMSA is removing the 
phaseout language currently found in (f)(1)(i), which states that the 
provisions concerning polymerizing substances in paragraph (f) will be 
effective until January 2, 2023. Finally, based on results of the 
research, PHMSA is maintaining the current defining criteria for 
polymerizing substances in Sec.  173.124, that a polymerizing substance 
must successfully pass the UN Test Series E at the ``None'' or ``Low'' 
level, or achieve equivalent criteria using an alternative test method 
with the approval of the Associate Administrator, prior to selection of 
an appropriate portable tank or IBC. Dow chemical and DGAC provided 
comments in support of this proposal.
Section 173.27
    Section 173.27 outlines general requirements for transportation by 
aircraft, including requirements and limitations for hazardous 
materials transported in limited quantities. Currently, the provisions 
for combination packagings in paragraph (f)(2) specify that materials 
or articles not authorized as a limited quantity for transportation by 
aircraft include all PG I materials; self-reactive flammable solids in 
Division 4.1; spontaneously combustible materials in Division 4.2; and 
liquids that are dangerous when wet in Division 4.3. The ICAO Technical 
Instructions included similar language for Division 4.1 materials by 
allowing non-self-reactive Division 4.1 materials assigned to PG II or 
PG III to be transported as limited quantities. However, the ICAO DGP 
identified a conflict with limited quantity provisions in the ICAO 
Technical Instructions and the limited quantity provisions in the UN 
Model Regulations pertaining to four Division 4.1 material, assigned PG 
II: ``UN 2555, Nitrocellulose with water with not less than 25 percent 
water by mass;'' ``UN 2556, Nitrocellulose with alcohol with not less 
than 25 percent alcohol by mass, and with not more than 12.6

[[Page 25451]]

percent nitrogen, by dry mass;'' ``UN 2557, Nitrocellulose, with not 
more than 12.6 percent nitrogen, by dry mass mixture with or without 
plasticizer, with or without pigment;'' and ``UN 2907, Isosorbide 
dinitrate mixture with not less than 60 percent lactose, mannose, 
starch or calcium hydrogen phosphate.'' Despite not being defined as 
self-reactive, the UN Model Regulations have never included these 
specific Division 4.1 flammable solid materials for transport as 
limited quantities. The ICAO Technical Instructions were amended for 
consistency with the UN Model Regulations to clearly indicate that the 
transport of these four PG II materials in Division 4.1 are not 
authorized for transportation by aircraft as limited quantities. PHMSA 
received a comment from Dangerous Goods Advisor noting that the 
inclusion of UN 2555, UN 2556, UN 2557, and UN 2907 in Sec.  
173.27(f)(2)(i)(D) seems unnecessary and could downplay the additional 
inapplicability to the other 30 desensitized explosives listed in the 
HMT. After reviewing the list of the other desensitized explosives, 
PHMSA determined that all 30 other desensitized explosives entries are 
PG I materials in the HMT. PG I materials are already excluded from the 
limited quantities section in Sec.  173.27(f)(2)(i)(A). While PHMSA 
understands that listing the UN numbers in Sec.  173.27(f)(2)(i)(D) is 
somewhat redundant with removing the reference to Sec.  173.151 for the 
relevant UN number in the HMT, PHMSA asserts that listing the UN number 
in Sec.  173.27 provides reinforcing information that these PG II 
desensitized explosives are not eligible to be shipped as limited 
quantities. PHMSA is adding language in Sec.  173.27(f)(2)(i)(D) to 
explicitly include the UN identification numbers for these materials, 
indicating that these materials may not be transported as limited 
quantities by aircraft. PHMSA expects this change will add an 
additional level of safety by correcting this packaging provision, 
which has been inconsistent with those in place for materials that pose 
similar hazards.
Section 173.124
    Section 173.124 outlines defining criteria for Divisions 4.1 
(Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous 
when wet material). In an earlier rulemaking, PHMSA placed phaseout 
dates on the HMR provisions concerning transport provisions for 
polymerizing substances to allow time for the completion of research on 
various topics concerning their transport, and to gather and review 
empirical evidence concerning the appropriate transport provisions for 
polymerizing substances. In line with other amendments in this final 
rule for the transport of polymerizing substances, PHMSA is removing 
paragraph (a)(4)(iv), which has the phaseout date of January 2, 2023. 
The result of this amendment will be to remove the phaseout date and 
keep the existing requirements--as outlined in paragraph (a)(4)--
effective beyond the January 2, 2023, date.
Section 173.137
    Section 173.137 prescribes the requirements for assigning a packing 
group to Class 8 (corrosive) materials. PHMSA is authorizing the use of 
an additional test method, Test No. 439, ``In Vitro Skin Irritation: 
Reconstructed Human Epidermis Test Method,'' as well as editorial 
changes to this section to provide clarity regarding the use of the 
authorized OECD Guidelines for the Testing of Chemicals.
    Currently, the HMR requires offerors to classify Class 8 materials 
and assign a packing group based on tests performed in accordance with 
various OECD Guidelines for the Testing of Chemicals (TG), including a 
skin corrosion test (in vivo) and various in vitro testing guidelines 
that do not involve animal testing. Data obtained from the currently 
authorized test guidelines is the only data acceptable for 
classification and assignment of a packing group. Specifically for PG 
I, II, or III determinations, the HMR authorizes the use of OECD 
Guidelines for the Testing of Chemicals, Test No. 435, ``In Vitro 
Membrane Barrier Test Method for Skin Corrosion,'' and Test No. 404, 
``Acute Dermal Irritation/Corrosion'' (an in vivo test method). The HMR 
also authorizes the use of OECD Test No. 430, ``In Vitro Skin 
Corrosion: Transcutaneous Electrical Resistance Test (TER),'' and Test 
No. 431, ``In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) 
Test Method;'' however, the scope of what these tests can determine is 
limited. For that reason, Test No. 430 is authorized for use only to 
determine whether a material is corrosive or not; materials that are 
determined to be corrosive using this test require additional testing 
using Test Nos. 435 or 404 or assignment to the most conservative 
packing group, PG I. Similarly, Test No. 431 may also be used to 
determine whether or not a material is corrosive; however; while this 
can identify when a corrosive must be assigned PG I, it cannot 
differentiate between PG II and III materials. Consistent with the UN 
Model Regulations, when this method does not clearly distinguish 
between PG II or PG III, the HMR allows the material to be transported 
as PGII without further in vivo testing. Consistent with changes made 
to the 22nd revised edition of the UN Model Regulations, PHMSA is 
authorizing an additional TG, OECD Test No. 439, ``In Vitro Skin 
Irritation: Reconstructed Human Epidermis Test Method,'' as an 
authorized test, which may be used to exclude a material from 
classification as a corrosive material. Test No. 439 was adopted in the 
UN Model Regulations because it provides another means of testing, 
without the use of live animals, that can easily identify materials as 
non-corrosive. However, while Test No. 439 may be used for the hazard 
identification of irritant chemicals, it is limited in that it simply 
allows materials to be identified as either corrosive or non-corrosive 
to skin. Because this test method only identifies the material as 
corrosive or not, the UN Model Regulations added an additional 
provision requiring that materials, which are tested using Test No. 439 
and indicate corrosivity, must be assigned to the most conservative PG 
(i.e., PG I), unless additional tests are performed to provide more 
specific data that can be used to assign a less conservative PG. The 
addition of Test No. 439 as an authorized test method will provide 
greater flexibility for shippers to classify, package, and transport 
corrosive material, while maintaining the HMR safety standard for 
transport of corrosive materials.
    With regard to the editorial changes in this section, PHMSA is 
amending the text of this section to provide clarity regarding the 
authorized OECD Testing of Chemicals. Additionally, PHMSA is amending 
the last paragraph of the introductory text, which currently states 
that assignment to packing groups I through III must be made based on 
data obtained from tests conducted in accordance with OECD Guideline 
Number 404 or Number 435 in order to remove the reference to Test No. 
435. Since its update in 2015, the criteria for packing group 
assignments in Test No. 435 are no longer the same as the criteria for 
Test Guideline 404. PHMSA expects that these amendments will enhance 
safety by providing clarity regarding the proper testing and assignment 
of packing groups, and promote efficiency by streamlining the 
assignment of packing groups.
Section 173.151
    Section 173.151 contains exceptions for Class 4 hazardous 
materials. In the NPRM, PHMSA proposed to add ``151'' to column 8a of 
the HMT for ``UN 3148, Water-reactive liquid, n.o.s.'' However, Sec.  
173.151(d) currently only refers to

[[Page 25452]]

Division 4.3 ``solid'' dangerous when wet materials, which is 
contradictory to the liquid state of UN 3148. In this final rule, PHMSA 
is making an editorial revision to Sec.  173.151(d), which currently 
contains only the words ``solids'' to describe Division 4.3 (self-
reactive) materials. PHMSA is revising this paragraph to include 
``solids'' and ``liquids'' to accurately reflect that Division 4.3 
materials could be either in a solid or liquid state.
Section 173.167
    Section 173.167 contains the packaging instructions and exceptions 
for ``ID8000, Consumer commodities.'' The ID8000 entry was added to the 
HMR in final rule HM-215K,\24\ with the intent of aligning the HMR with 
the ICAO Technical Instructions for the air transportation of limited 
quantities of a consumer commodity material. Based on inquiries from 
shippers and carriers, PHMSA understands that confusion exists 
regarding the requirements for hazard communication and the ability to 
withstand pressure differential for packages of a ``ID8000, Consumer 
commodity'' material when moved by modes other than air. In 2012 and 
2017, PHMSA issued letters of interpretation regarding the 
applicability and hazard communication requirements for ID8000 
shipments.\25\ Both of these letters of interpretation recognized that 
ID8000 shipments are inherently ``limited quantity'' and provided the 
opinion that for transportation by highway, rail, and vessel, ID8000 
packages could be marked with the standard marking found in Sec.  
172.315(a)(1) (i.e., limited quantity mark without the ``Y''). In 2022, 
PHMSA received a petition for rulemaking, designated P-1762,\26\ from 
the Council on the Safe Transportation of Hazardous Articles (COSTHA) 
relating to ID8000. In its petition, COSTHA requested that PHMSA revise 
Sec.  173.167 to make it clear that packages prepared under this 
section may be offered for transportation and transported by all modes.
---------------------------------------------------------------------------

    \24\ 76 FR 3307 (Jan. 19, 2011).
    \25\ Ref. No. 11-0090 (May 3. 2012); Ref. No. 16-0075 (Jan. 9, 
2016).
    \26\ https://www.regulations.gov/document/PHMSA-2022-0007-0001.
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    In consideration of P-1762 and consistent with these letters of 
interpretation regarding the requirements for ID8000 shipments, PHMSA 
is revising the requirements in Sec.  173.167 for ``ID8000, Consumer 
commodity'' materials. The intent of this revision is to clearly 
address requirements for all modes of transportation, while continuing 
to recognize that the history and intent of the ``ID8000, Consumer 
commodity'' entry is closely tied to the ICAO Technical Instructions 
and air transportation.
    First, PHMSA is making editorial revisions to the title of the 
section and introductory language in paragraph (a). PHMSA is renaming 
the section ``ID8000 Consumer commodity'' to distinguish this section 
from the historical ``ORM-D, Consumer commodity'' HMT entry and an 
exception that ceased to be effective on December 31, 2020. PHMSA 
purposely phased out the ``ORM-D, Consumer commodity'' classification 
and description to remove the dual system of shipping certain limited 
quantities domestically and internationally, as it was a source of 
confusion.
    PHMSA acknowledges that there may be circumstances where persons 
need to transport ID8000 packages between locations--e.g., to a 
warehouse for consolidation, etc.--without needing or using air 
transportation. Therefore, PHMSA recognizes the need to not only 
accommodate that portion of transport but also provide assurances that 
any ID8000 package is appropriately prepared for air transportation, 
regardless of whether air transportation is actually used. PHMSA is 
clarifying that ID8000 material is inherently a limited quantity by 
adding the phrase ``limited quantity'' to the Sec.  173.167(a) 
introductory text. Finally, PHMSA is removing the phrase ``when offered 
for transportation by aircraft'' from the introductory language in 
paragraph (a) and restructuring the existing first sentence of the 
section into two separate statements. This revision is intended to 
clarify that the materials and quantities listed in this section may be 
transported by all modes, and to clarify that only the materials listed 
in paragraph (a) are eligible to be transported as ``ID8000, Consumer 
commodity.''
    More significantly, PHMSA is revising the structure of the section 
by moving the two requirements in the currently effective language of 
paragraph (b)--applicable only to air transportation--to new 
subparagraphs (6) and (7) of paragraph (a). This will require all 
ID8000 packages to be subject to the limited quantity marking 
requirements of Sec.  172.315(b) (i.e., require use of the ``Y'' 
limited quantity marking) and other markings required by part 172 
subpart D, including marking of the ID number and PSN. This revision 
will also require compliance with the Sec.  173.27(c) pressure 
differential requirement for transportation by all modes. The intent of 
this revision is two-fold:
    1. Provide clarity to shippers on the hazard communication and 
pressure differential requirements for all shipments of ``ID8000, 
Consumer commodity'' packages.
    2. Ensure that ``ID8000, Consumer commodity'' packages--wherever 
they are in the transportation stream--meet the requirements for air 
transportation.
    However, while required in paragraph (a), PHMSA is adding a new 
paragraph (b) to provide exceptions to ID8000 packages for shipping 
papers and labels when transported by highway and rail. These 
exceptions were previously in the introductory language to paragraph 
(a). PHMSA is also providing a new labeling exception for ID8000 
packages transported by vessel, which aligns with the labeling 
exception provided to limited quantity packages transported by vessel. 
PHMSA reminds shippers that packages shipped under this section are 
still subject to the marking requirement (i.e., require the limited 
quantity marking). PHMSA received comments from COSTHA and the MDTC in 
support of this revision.
    In addition to the revisions to Sec.  173.167 requested in P-1762 
discussed above, COSTHA submitted petition P-1761 \27\ with additional 
requests. Specifically, in P-1761, COSTHA requested that PHMSA add a 
reference to Sec.  173.167 in the sections that outline limited 
quantity exceptions for Class 3, PG II and III (Sec.  173.150), UN3175 
(Sec.  173.151), Division 6.1 PG III (Sec.  173.153), UN3077, UN3082, 
UN3334 and UN3335 (Sec.  173.155), and Class 2 non-toxic aerosols 
(Sec.  173.306). PHMSA did not propose these revisions in the NPRM. 
PHMSA received comments from COSTHA reiterating their petition that 
PHMSA modify the limited quantity sections listed above to reference 
Sec.  173.167. PHMSA asserts that ID8000 is a specialized exception, 
designed only for a small subset of materials, and the materials are 
subject to stringent packaging requirements. PHMSA reiterates that 
adding a reference to Sec.  173.167 to the limited quantity exception 
sections listed above will create confusion for shippers by referencing 
an exception that most may not be able to adequately meet. All the 
materials and quantities authorized in Sec.  173.167 may be transported 
as limited quantities by all modes. For the vast majority of hazardous 
material shippers who offer these materials in these small quantities, 
utilizing the limited quantity exception specific to the commodity 
(e.g., not utilizing Sec.  173.167) is the most appropriate and 
simplest option.

[[Page 25453]]

PHMSA reiterates that if shippers, carriers, or other entities involved 
in the transportation of hazardous materials are uncertain what marking 
requirements apply to a limited quantity shipment, it could mean that 
their training programs are inadequate and may need to be reviewed.
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    \27\ https://www.regulations.gov/document/PHMSA-2022-0006-0001.
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Section 173.185
    Section 173.185 prescribes requirements for the transportation of 
lithium cells and batteries. PHMSA is making numerous changes to this 
section as follows.
    Paragraph (a) classification revisions: Paragraph (a) provides 
general classification provisions, which include requirements for 
manufacturers and subsequent distributers of lithium cells and 
batteries to provide others in the supply chain a test summary of the 
battery, which contains information regarding the cells and batteries. 
PHMSA received a comment from PRBA and MDTC noting that a small, but 
important amendment to the UN38.3 Test Summary is included in the UN 
Manual of Tests and Criteria, Seventh Revised Edition, Amendment 1, 
which was adopted in December 2020. PRBA notes that this amendment was 
based on a proposal filed with the UN Sub-Committee of Experts on the 
Transport of Dangerous Goods by PRBA and their counterpart in Europe. 
The amendment removes the signature requirement in the test summary 
document, which is currently found in Sec.  173.185(a)(3)(x). This 
provision currently states: ``Signature with name and title of 
signatory as an indication of the validity of information provided.''
    PRBA notes that PHMSA proposed to incorporate by reference in Sec.  
171.7 the UN Manual of Tests and Criteria, Seventh Revised Edition, 
Amendment 1, but did not include this proposed change to the Test 
Summary document in Sec.  173.185 of the HMR. In its comments, PRBA and 
MDTC requested that PHMSA amend Sec.  173.185(a)(3)(x) to make it clear 
that a signature is not required on the test summary document. PHMSA 
concurs with the MDTC and PRBA comments that the revision was 
inadvertently left out of the NPRM, and as such PHMSA is revising Sec.  
173.185(a)(3)(x) to require the test summary indicate the name and 
title of a responsible person. A signature would no longer be required.
    Additionally, PHMSA is amending paragraph (a)(3) to except button 
cell batteries installed in equipment (including circuit boards) from 
these test summary requirements. This amendment will give shippers of 
traditionally less regulated products, such as wrist watches and key 
fobs, an exception from the need to maintain a test summary document.
    PHMSA received a comment from ALPA opposing the amendment to except 
button cells installed in equipment from the test summary document 
requirement. ALPA stated in its comments that experimental data was 
presented at the ICAO DGP working group showing that button cells 
installed in electronic devices initiated fires when short circuiting. 
PHMSA appreciates ALPA's perspective on this issue; however, button 
cell batteries have inherent limitations on their energy capacity and 
content. This self-limiting design helps mitigate potential risks if 
the batteries are misused or damaged. PHMSA asserts that the HMR 
appropriately addresses the hazards associated with these types of 
batteries. PHMSA also notes that this revision in no way relieves 
button cells from the design testing requirements; it merely excepts 
the button cells from the requirement to create and distribute a test 
summary document. Additionally, COSTHA, DGAC, MDTC, and PRBA all 
provided comments in support of this proposal as written. Therefore, 
PHMSA finds that this amendment maintains the safety standard for the 
transportation of lithium batteries consistent with the exceptions for 
smaller cells or batteries found in Sec. Sec.  173.185(c)(2) and (c)(3) 
as currently button cell batteries are excepted from the packing 
requirement to use a strong, rigid outer package, provided the battery 
is sufficiently protected by the equipment in which it is contained, 
and the lithium battery marking requirements, respectively. Further, 
PHMSA is making an editorial amendment by deleting the onset date in 
paragraph (a)(3) as January 1, 2022, has passed, and the paragraph now 
applies generally.
    Additionally, PHMSA is adding a new paragraph (a)(5) to require 
marking the outer casing of lithium ion batteries with the Watt-hour 
(Wh) rating. This is consistent with the provisions for smaller lithium 
ion batteries in Sec.  173.185(c)(1)(i), which require that ``each 
lithium ion battery subject to this provision must be marked with the 
Watt-hour rating on the outside case.'' PHMSA added this provision to 
the HMR in HM-224F.\28\ While the requirement was added to the HMR for 
smaller lithium ion batteries (as a condition for use of an exception), 
no similar provision was added for other lithium ion batteries (i.e., 
those not offered in accordance with, or eligible for, the paragraph 
(c) exceptions). However, upon review, PHMSA noted that the 
international regulations generally require the marking of the Wh 
rating on the outside of the casing. Specifically, this is required in 
accordance with Special Provision 348 of the UN Model Regulations; 
Special Provision 188 of the IMDG Code; Section IA.2 of Packing 
Instruction 965 (for UN3480); and Section I.2 of Packing Instruction 
966 (for UN3481) and 967 (for UN3481) of the ICAO Technical 
Instructions. PHMSA expects that this amendment will improve safety, as 
the marking of the Wh rating on the outer casing of a lithium ion 
battery assists a shipper in better understanding the energy capacity 
of the battery, and thus, ensures compliance with hazard communication 
and packing provisions associated with Wh limitations.
---------------------------------------------------------------------------

    \28\ 79 FR 46011 (Aug. 6, 2014).
---------------------------------------------------------------------------

    MDTC and PRBA provided comments noting that the UN Model 
Regulations, ICAO Technical Instructions, and IMDG Code are clear that 
the Wh rating is only required on lithium-ion batteries and not 
lithium-ion cells, which PHMSA originally proposed. MDTC and PRBA 
conclude that it would be impractical to require the Wh marking on very 
small cells like those used in medical devices and small consumer 
devices (e.g., smart glasses and ear buds). PRBA and MDTC request 
confirmation from PHMSA that it was not the Agency's intent to require 
the marking on lithium ion cells. PHMSA concurs with the commenters and 
is not adding lithium ion cells to the requirement in paragraph (a)(5). 
PHMSA is clarifying in the final rule that the requirement to mark the 
Wh rating only applies to lithium ion batteries and not lithium ion 
cells. PHMSA also received a comment from COSTHA in support of this 
revision.
    Paragraph (b) packaging revisions: Section 173.185(b)(3) contains 
packaging provisions for lithium cells or batteries packed with 
equipment. Paragraph (b)(3)(iii) provides two authorized packaging 
configurations for lithium cells and batteries packed with equipment. 
Specifically, it permits lithium cells and batteries, when packed with 
equipment, to be placed in: (1) inner packagings that completely 
enclose the cell or battery, then placed in an outer packaging; or (2) 
inner packagings that completely enclose the cell or battery, then 
placed with equipment in a package that meets the PG II performance 
requirements as specified in paragraph Sec.  173.185(b)(3)(ii). The 
intent of the first option provided in paragraph (b)(3)(iii)(A) is to 
permit packing only the cells or batteries in a UN specification 
packaging, and then place this packaging with the equipment, for

[[Page 25454]]

which the batteries are intended, in a non-UN specification outer 
packaging. The intent for the second option provided in paragraph 
(b)(3)(iii)(B) is to pack both the cells or batteries and the equipment 
in a UN specification outer packaging. In a working paper submitted at 
the ICAO 2020 Working Group Meeting, it was noted that the actual text 
for the two options was not clear. Specifically, paragraph 
(b)(3)(iii)(A) does not clearly state that the specification packaging 
containing the cells or batteries is then packed with the equipment 
into a non-specification outer packaging. Consistent with the 
clarifying revision in the ICAO Technical Instructions, and to align 
more closely with the text in packing instruction P903 of the UN Model 
Regulations, PHMSA is revising paragraph (b)(3)(iii)(A) by clearly 
indicating that the cells or batteries must be placed in a 
specification package of a type that meets PG II performance 
requirements and then placed together with the equipment in a strong, 
rigid outer non-specification packaging. For additional clarity, PHMSA 
also is revising paragraph (b)(3)(iii)(B) by replacing the text 
``package'' with the phrase ``packaging of a type'' when referring to 
the specification package meeting the PG II performance requirements. 
PHMSA received a comment from COSTHA in support of this revision.
    PHMSA is adding a new paragraph (b)(3)(iii)(C) to include a 
limitation for the number of cells or batteries in the package, when 
transported by air. This is consistent with the provisions for smaller 
cells or batteries found in Sec.  173.185(c)(4)(i)--as revised in this 
final rule--which currently requires that for smaller cells or 
batteries contained in or packed with equipment and shipped by 
aircraft, the number allowed in each package is limited to the number 
required to power the piece of equipment, plus two spare sets. The 
original provision limiting the number in each packaging was added in 
HM-224F but did not apply to fully regulated shipments.
    However, PHMSA notes that the limitation on the number of cells or 
batteries allowed in a package should have also applied to fully 
regulated shipments of lithium batteries packed with equipment, 
consistent with Section I.2 of Packing Instruction 966 (for UN3481) and 
Packing Instruction 969 (for UN3091) of the ICAO Technical 
Instructions. PHMSA did not intend to limit the scope of this 
requirement to just smaller cells or batteries, as a condition for the 
exception from full regulation under paragraph (c), as this packaging 
requirement is intended to limit the hazard of lithium battery 
shipments in air transportation. Limiting the number of cells and 
batteries allowed to be packaged with equipment reduces hazard risks 
and increases safety.
    Section 173.185(b)(4) contains packaging provisions for lithium 
cells or batteries contained in equipment. Consistent with the ICAO 
Technical Instructions, PHMSA is adding a new paragraph (b)(4)(iv) 
clarifying that for transportation by aircraft, when multiple pieces of 
equipment are packed in the same outer packaging, each piece of 
equipment must be packed to prevent contact with other equipment. This 
change is necessary because existing provisions in paragraph (b) could 
be interpreted to only apply to an outer packaging containing a single 
piece of equipment; however, an outer packaging may contain multiple 
pieces of equipment. This provision will more clearly communicate that 
for multiple pieces of equipment containing lithium cells or batteries 
in the same outer packaging, the equipment must be packed to prevent 
damage due to contact between the pieces of equipment. PHMSA received 
comments from ALPA, PRBA, COSTHA, and MDBTC in support of this 
revision.
    Paragraph (c) exceptions for smaller cells or batteries revisions: 
Section 173.185(c) provides exceptions for smaller cells or batteries. 
Paragraph (c)(3) specifies requirements for the lithium battery mark. 
In the NPRM, PHMSA proposed to remove the telephone number requirement 
from the lithium battery mark with a phaseout date of December 31, 
2026.
    The intended use of the telephone number and its effectiveness was 
discussed by the UNSCOE. Examples pointing to its ineffectiveness 
include differences in time zones and languages between the origin and 
destination of a shipment or intermediate transport point, and a lack 
of clarity on the expected capability of the person responding to a 
telephone call. The requirement to include a ``telephone number for 
additional information'' was originally introduced in the 15th revised 
edition of the UN Model Regulations. It was envisioned that the 
telephone number would be for the consignor or other responsible 
individual who could provide further information (e.g., appropriate 
corrective actions should something be wrong with the package) beyond 
the minimal information required to be indicated on the package. At 
that time, there was minimal hazard communication and less awareness 
than is currently provided for in the UN Model Regulations. The 
consignor information can now be readily obtained through other means, 
such as a bill of lading, shipping labels, or other paperwork, thereby 
rendering the telephone number requirement as a piece of information on 
the lithium battery mark effectively redundant. The resulting consensus 
based on both the discussion and experience with transport of small 
lithium batteries was that the telephone number adds little value, and 
removing the telephone number requirement from the mark would not 
reduce the effectiveness of the mark and therefore, not impact safety 
of transportation. PHMSA received an anonymous comment stating that the 
transition period authorizing continued use of the current lithium 
battery mark should extend beyond December 31, 2026. The commenter 
stated this transition period was decided on the premise that the 
international harmonization final rule would be published before 
January 1, 2023. As such, the anonymous commenter suggested that the 
phaseout date for the lithium battery mark in Sec.  173.185(c)(3) 
should be extended based on the publication date of the final rule. 
PHMSA disagrees with the commenter that an extension is needed for the 
phaseout of the revised lithium battery mark in Sec.  173.185(c)(3). 
The phaseout date of December 31, 2026, for the old lithium battery 
mark should still provide adequate time for entities to comply with the 
revised marking and does not justify PHMSA not being harmonized with 
the international regulations on this subject. Additionally, PHMSA 
received a comment from COSTHA in support of keeping the transition 
time the same as the international regulatory texts to facilitate 
global harmonization for this transition. Therefore, PHMSA is revising 
the lithium battery mark by removing the double asterisk from the 
example figure and the corresponding requirement in paragraph 
(c)(3)(i)(C) to replace the double asterisk with the telephone number. 
PHMSA is setting a transition period authorizing the use of the current 
lithium battery mark until December 31, 2026. ALPA, PRBA, and COSTHA 
provided comments in support of this revision.
    Paragraph (c)(4) contains provisions for exceptions for smaller 
lithium cells and batteries offered by air transportation. PHMSA is 
removing the exceptions applicable to small lithium cells and batteries 
when they are not packed with or contained in equipment. This change 
was also implemented on

[[Page 25455]]

January 1, 2022, by the International Air Transport Association (IATA), 
and authorization for the exceptions for smaller lithium cells and 
batteries were removed from Packing Instructions 965 and 968 in the 
2023-2024 Edition of the ICAO Technical Instructions. The exceptions in 
Sec.  173.185(c)(4) were originally developed to facilitate the global 
transport of small lithium cells and batteries. However, these 
exceptions removed many of the regulatory safeguards that provide for 
the safe transport of lithium batteries, including requirements for air 
operators to perform an acceptance check; information to be provided to 
the pilot-in-command; and package hazard communication. Furthermore, 
the exceptions for small lithium cells and batteries limit the ability 
of air operators to conduct the necessary safety risk assessments. The 
reduced hazard communication also increased the risk of small lithium 
cells and battery packages restricted for transport on cargo-only 
aircraft from being inadvertently loaded on a passenger aircraft. The 
removal of these exceptions increases the visibility of these shipments 
to operators who must perform an acceptance check to ensure proper 
packaging and hazard communication and ensure the information regarding 
the number and location of packages containing lithium batteries will 
be provided to the pilot-in-command. The changes do not apply to the 
exceptions for small lithium cells and batteries packed with or 
contained in equipment. Specifically, PHMSA is removing the following 
provisions:
     Paragraph (c)(4)(i) including Table 1, which specifies the 
number and net quantity of lithium batteries.
     Paragraph (c)(4)(ii), which specifies the limitation of 
one package per overpack.
     Paragraph (c)(4)(iii), which specifies the limitation of 
one package per consignment.
     Paragraph (c)(4)(v), which specifies that offering 
packages and overpacks to an operator must be done separately from 
cargo not subject to the HMR.
     Paragraph (c)(4)(viii), which limits packing cells and 
batteries with certain types of hazardous materials in the same package 
or overpack.
    As a consequence, the remaining provisions in paragraph (c)(4) 
applicable to lithium cells or batteries packed with, or contained in, 
equipment will be reorganized and renumbered. The paragraph (c)(4) 
introductory text is revised to read, ``Air transportation for smaller 
lithium cell or batteries packed with, or contained in, equipment.'' 
Further, consistent with the ICAO Technical Instructions, paragraph 
(c)(4)(ii), is revised to require that when placed into an overpack, 
packages must be secured within the overpack, and the intended function 
of each package must not be impaired by the overpack. The general 
provisions for overpacks in Part 5, 1.1 of the ICAO Technical 
Instructions require that packages must be secured within the overpack, 
and that the intended function of the package must not be impaired by 
the overpack. However, with the current construction of the provisions 
for small cells or batteries in Packing Instructions 966, 967, 969, and 
970, the general Part 5 overpack provisions do not apply, which could 
lead to packages being unsecured or even damaged by being unrestrained 
within an overpack. These overpack provisions from Part 5 were added to 
the respective packing instructions to ensure protection against damage 
of the packages and their contents; therefore, PHMSA is harmonizing 
this change in Sec.  173.185(c)(4)(ii).
    These amendments (i.e., hazard communication clarifications and 
revisions to lithium battery requirements for consistency) maintain the 
level of safety currently present in the HMR's high safety standard. 
Safety benefits will also be derived from improved compliance related 
to consistency amongst domestic and international regulations. PHMSA 
received a comment from MDTC in support of this revision.
    Section 173.185(c)(5), which corresponds to Packaging Instructions 
965 and 968 in Section IB of the ICAO Technical Instructions, provides 
an exception from specification packing requirements for smaller 
lithium cells and batteries, not exceeding the size prescribed in 
paragraph (c)(1) and subject to certain quantity limits. PHMSA is 
revising the paragraph (c)(5) introductory text to, ``Air 
transportation for smaller lithium cell and batteries.'' Combined with 
the revision to the (c)(4) introductory text, this will assist users of 
this section to understand that the requirements in this section apply 
to smaller lithium cells and batteries transported by air. PHMSA is 
also removing the references to paragraph (c)(4) limitations based on 
their removal, as described above. Additionally, PHMSA is moving the 
regulatory requirements of paragraph (c)(5) to a new paragraph 
(c)(5)(i), based on the addition of new paragraph (c)(5)(ii). As 
mentioned, PHMSA is adding a new paragraph (c)(5)(ii) to require 
packages to be capable of withstanding a three-meter stack test for a 
duration of 24 hours. Because lithium cells and batteries offered in 
accordance with paragraph (c)(5) are excepted from the specification 
package requirements, they are not presently subject to a stack test. 
However, the general requirements for limited quantity packages by air 
in Sec.  173.27(f)(2)(vi), which are also excepted from specification 
packaging requirements, requires that each package be capable of 
withstanding a three-meter stack test for a duration of 24 hours. In 
considering the packaging standards between limited quantity packages 
and those for smaller lithium cells and batteries, it was agreed by the 
DGP that packages must be capable of withstanding a stack test, in 
parallel with the requirement for limited quantity packages. PHMSA 
agrees with introducing a stack test as a preventative safety measure 
against potential damage to lithium battery packages from stacking of 
packages and is including a stack test requirement in new paragraph 
(c)(5)(ii). PHMSA received comments in response to the NPRM from PRBA, 
COSTHA, and DGAC in support of this revision.
    Lastly, consistent with corresponding revisions to international 
standards, PHMSA is making editorial revisions in paragraphs (e)(6) and 
(e)(7), where references to ``battery assemblies'' are removed and 
replaced with the phrase ``cells and batteries,'' as used throughout 
the section. Paragraph (a)(1) requires each lithium cell or battery to 
be of the type proven to meet the criteria in part III, sub-section 
38.3, of the UN Manual of Tests and Criteria. The 38.3.2.3 definition 
for ``battery'' states that:

``. . . Units that are commonly referred to as ``battery packs,'' 
``modules'' or ``battery assemblies'' having the primary function of 
providing a source of power to another piece of equipment are, for 
the purposes of the Model Regulations and this Manual, treated as 
batteries.''

    Use of ``battery assemblies'' may be a source of confusion, as the 
reader may understand it to have a separate meaning from ``battery,'' 
yet it is not specifically defined in the HMR. Further, based on the 
above requirements to comply with the UN Manual of Tests and Criteria 
and its associated meaning of ``battery assemblies,'' PHMSA considers 
that the use of the term ``battery assemblies'' is redundant with the 
term ``battery'' in the context of these transport requirements, and is 
revising the text to reduce confusion of the provisions in these 
paragraphs regarding applicability to the assembly or to the cells and 
batteries contained within an assembly. PHMSA expects that the changes 
to

[[Page 25456]]

Sec.  173.185 will provide clarity, thus enhancing the safety standard 
in the HMR for transportation of lithium batteries. PHMSA received 
comments in response to the NPRM from MDTC and COSTHA in support of 
this revision.
Section 173.224
    Section 173.224 establishes packaging, and control and emergency 
temperatures for self-reactive materials. The Self-Reactive Materials 
Table in paragraph (b) of this section specifies requirements for self-
reactive materials authorized for transportation that do not require 
prior approval for transportation by the Associate Administrator for 
Hazardous Materials Safety. As a result of new self-reactive materials 
formulations becoming commercially available, the 22nd revised edition 
of the UN Model Regulations includes updates to the list of specified 
self-reactive materials authorized for transportation without prior 
approval. To maintain consistency with the UN Model Regulations, PHMSA 
is updating the Self-Reactive Materials Table by adding a new entry for 
``(7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid.'' PHMSA also is 
correcting the name of one of the listed self-reactive substances on 
the self-reactive substances table. Currently, ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene 
diazonium zinc chloride'' is listed; however, this formulation name 
should be ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate.'' While 
reviewing the self-reactive table in the UN Model Regulations and ICAO 
Technical Instructions, PHMSA discovered that ``2-(N,N-
Methylaminoethylcarbonyl)-4-(3,4-dimethyl-phenylsulphonyl)benzene 
diazonium zinc chloride'' does not appear in any other international 
regulations but that ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethylphenylsulphonyl)benzenediazonium hydrogen sulphate'' does and 
includes identical packaging provisions. PHMSA does not believe there 
is any formulation called ``2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-
dimethyl-phenylsulphonyl)benzene diazonium zinc chloride'' that exists, 
and that this entry as it appears is the result of an editorial error 
in which two individual formulation names were inadvertently combined. 
Therefore, PHMSA is correcting the name associated with this 
formulation by removing the suffix ``benzene diazonium zinc chloride'' 
and replacing it with ``benzenediazonium hydrogen sulphate.''
    In addition, PHMSA is assigning a new ``Note 6'' to this entry 
among the list of notes following the table. ``Note 6'' will provide 
concentration limits of water and organic impurities for this new self-
reactive material. PHMSA expects that adding provisions for the 
transport of (7-Methoxy-5-methyl-benzothiophen-2-yl) boronic acid 
formulations will facilitate its transport while maintaining the HMR's 
safe standard for transportation of self-reactive hazardous materials.
    PHMSA is also revising Sec.  173.224(b)(4). In a previous final 
rule, HM-215O, PHMSA revised Sec.  173.224 to authorize self-reactive 
materials to be transported and packed in accordance with packing 
method OP8 where transport in IBCs or portable tanks is permitted in 
accordance with Sec.  173.225, provided that the control and emergency 
temperatures specified in the instructions are complied with. This 
change allowed materials that are authorized in bulk packagings to also 
be transported in appropriate non-bulk packagings. PHMSA is making an 
editorial correction to a reference to the formulations listed in Sec.  
173.225. In the course of adding this provision, PHMSA incorrectly 
directed users to the Organic Peroxide IBC Table by referencing 
173.225(f); however, the table is found in 173.225(e). Therefore, PHMSA 
is correcting that sentence to refer to 173.225(e).
Section 173.225
    Section 173.225 prescribes packaging requirements and other 
provisions for organic peroxides. As a result of new peroxide 
formulations becoming commercially available, the 22nd revised edition 
of the UN Model Regulations includes updates to the list of identified 
organic peroxides, which provides for formulations of these materials 
that are authorized for transportation without prior approval. To 
maintain consistency with the UN Model Regulations, PHMSA is updating 
the Organic Peroxide Table in Sec.  173.225(c) by adding new entries 
for ``tert-Butylperoxy isopropylcarbonate,'' ``tert-hexyl 
peroxypivalate,'' and ``acetyl acetone peroxide,'' and identifying them 
as ``UN3105, Organic peroxide type D, liquid;'' ``UN3117, Organic 
peroxide type E, liquid, temperature controlled;'' and ``UN3107, 
Organic peroxide type E, liquid,'' respectively. Additionally, PHMSA is 
adding a ``Note 32'' following the table, in association with the new 
entry for ``acetyl acetone peroxide,'' to indicate that the active 
oxygen concentration for this formulation is limited to concentrations 
of 4.15% active oxygen or less. PHMSA also is revising the Organic 
Peroxide Portable Tank Table in paragraph (g) to maintain alignment 
with the 22nd revised edition of UN Model Regulations by adding the new 
formulation ``tert-Butyl hydroperoxide, not more than 56% with diluent 
type B,'' identified by ``UN3109, Organic peroxide type F, liquid.'' 
This amendment will also include the addition of ``Note 2'' following 
the table to specify that diluent type B is tert-Butyl alcohol. PHMSA 
expects that adding provisions for the transport of these newly 
available peroxide formulations will facilitate transportation of these 
materials, while maintaining the HMR's safety standard for 
transportation of organic peroxide hazardous materials.
Section 173.232
    Section 173.232 outlines the packaging requirements for articles 
containing hazardous materials. For the purposes of this section, an 
``article'' means machinery, apparatus, or other device that contains 
one or more hazardous materials--or residues thereof--that are an 
integral element of the article, are necessary for its functioning, and 
cannot be removed for the purpose of transport. Currently, these 
articles are forbidden from transport on passenger and cargo-only 
aircraft, as specified in column (9) of the HMT. However, the 2023-2024 
ICAO Technical Instructions include new provisions permitting the 
transport of certain articles containing hazardous materials aboard 
passenger and cargo-only aircraft. These new provisions allow articles 
described and classified as ``UN3548, Articles containing miscellaneous 
dangerous goods, n.o.s., 9'' or ``UN 3538, Articles containing non-
flammable, non-toxic gas, n.o.s., 2.2'' to be transported by cargo-only 
and passenger aircraft under certain conditions. PHMSA is making 
changes consistent with those provisions by adding two new packaging 
provisions in Sec.  173.232, in addition to the new special provisions 
A224 and A225 discussed above in Section-by-Section Review of 
amendments for Sec.  172.102. Specifically, PHMSA is specifying in 
paragraph (h) that air transport is permitted for UN3548 when the 
articles: (1) do not have an existing proper shipping name; (2) contain 
only environmentally hazardous substances exceeding 5 L or 5 kg; and 
(3) all other conditions of Sec.  173.232 are met. In a new paragraph 
(h)(ii), the same requirements are added for articles transported under 
UN3538, which: (1) do not have an existing proper shipping name; (2) 
contain only

[[Page 25457]]

gases of Division 2.2 without a subsidiary hazard, except for 
refrigerated liquefied gases and other gases that are forbidden for 
transport on passenger aircraft, where the quantity of the Division 2.2 
gas exceeds the quantity limits for UN 3363, as prescribed in Sec.  
173.222; (3) the quantity of gas in the article does not exceed 75 kg 
when transported by passenger aircraft or 150 kg when transported by 
cargo-only aircraft; and (4) gas containing receptacles within the 
article must meet the requirements of Part 173 and Part 175, as 
appropriate., or meet a national or regionally recognized pressure 
receptacle standard.
    Additionally, both packaging provisions also permit the transport 
of these articles, containing lithium cells or batteries, provided that 
the batteries meet the requirements specified in Sec.  173.185(c). The 
aim of these new provisions is to facilitate the transport of large 
articles containing environmentally hazardous substances, such as 
aircraft landing gear struts filled with hydraulic fluid, and large 
articles containing a non-flammable, non-toxic gas, such as new types 
of magnetic resonance imaging (MRI) scanners, which often contain 
compressed helium, as well as lithium cells or batteries. As a 
participant on the DGP, PHMSA expects that the packaging provisions 
provide an appropriate level of safety to allow these items to be 
transported by air and are appropriate for incorporation in the HMR.
Section 173.301b
    Section 173.301b outlines additional general requirements when 
shipping gases in UN pressure receptacles (e.g., cylinders). The 22nd 
revised edition of the UN Model Regulations updated references of 
several authorized standards for ensuring proper valve protection. In 
order to maintain the current safety standard of the HMR for valve 
protection and harmonization with the requirements for UN pressure 
receptacles, PHMSA is also updating these references. Currently, 
paragraph (c)(1) requires that quick release cylinder valves for 
specification and type testing must conform to the requirements in ISO 
17871:2015(E), ``Gas cylinders--Quick-release cylinder valves--
Specification and type testing.'' ISO 17871, in conjunction with ISO 
10297 and ISO 14246, specifies design, type testing, marking, 
manufacturing tests, and examination requirements for quick-release 
cylinder valves, intended to be fitted to refillable transportable gas 
cylinders and pressure drums, and tubes used to transport compressed or 
liquefied gases or extinguishing agents charged with compressed gases 
to be used for fire-extinguishing, explosion protection, and rescue 
applications. As part of its regular review of its standards, ISO 
updated and published the second edition of ISO 17871 as ISO 
17871:2020(E). PHMSA is revising the valve requirements in this 
paragraph to require quick release cylinder valves for specification 
and type testing to conform to ISO 17871:2020(E). After December 31, 
2026, conformance with ISO 17871:2015(E) will no longer be authorized 
in the UN Model Regulations; therefore, for consistency, PHMSA is 
adding a phaseout date of December 31, 2026, for continued conformance 
with ISO 17871:2015(E). PHMSA clarified in the ``Section IV: Comment 
Discussion'' section of this final rule that the phaseout date of 
December 31, 2026, applies to the manufacturing of valves under ISO 
17871:2015(E). Valves manufactured before December 31, 2026, would 
still be authorized under the HMR. The second edition of this standard 
broadens the scope to include quick release valves for pressure drums 
and tubes, and specifically excludes the use of quick-release valves 
with flammable gases. Other notable changes include the addition of the 
valve burst test pressure; the deletion of the flame impingement test; 
and the deletion of the internal leak tightness test at -40 [deg]C for 
quick-release cylinder valves, used only for fixed firefighting systems 
installed in buildings. PHMSA expects that updating the requirements 
for conformance of UN pressure receptacles with this document will 
maintain the HMR safety standard for these packagings, and facilitate 
compliance with valve requirements domestically and internationally by 
aligning the HMR with changes adopted in the 22nd revised edition of 
the UN Model Regulations. PHMSA reviewed this edition as part of its 
regular participation in the review of amendments for the UN Model 
Regulations.
    PHMSA also is revising paragraph (c)(2), which requires UN pressure 
receptacles to have their valves protected from damage to prevent 
unintentional release of the contents of the receptacles. Various 
methods on how to achieve damage protection are provided, including 
equipping the container with a valve cap or guard that conforms to ISO 
11117:2008, ``Gas cylinders--Valve protection caps and guards--Design, 
construction and tests'' and the Technical Corrigendum 1, a 
complementary document to the standard. As part of its regular review 
of its existing standards, in 2019, ISO published an updated version of 
this standard, 11117:2019, which was adopted in the 22nd revised 
edition of the UN Model Regulations as a permitted conformance standard 
for valve protection. This document updates the 2008 version, currently 
authorized in paragraphs (c)(2)(ii) and (c)(2)(iii). In accordance with 
the UN Model Regulations, PHMSA also is authorizing the continued use 
of ISO 11117:2008, in conjunction with the Technical Corrigendum, until 
December 31, 2026. PHMSA clarified in the ``Section IV: Comment 
Discussion'' section of this final rule that the phaseout date of 
December 31, 2026, applies to the manufacturing of valve protection 
caps under ISO 11117:2008. Valves manufactured before December 31, 
2026, would still be authorized under the HMR. Similarly, for metal 
hydride storage systems, damage protection of the valve must be 
provided in accordance with ISO 16111:2008, ``Transportable gas storage 
devices--Hydrogen absorbed in reversible metal hydride.'' As part of 
its regular review of its existing standards, in 2018, ISO published an 
updated version of this standard, which was adopted in the 22nd revised 
edition of the UN Model Regulations as a permitted conformance standard 
for valve protection. Therefore, to maintain alignment with the UN 
Model Regulations' requirements for UN metal hydride storage systems, 
PHMSA is updating the required standard for protection of valves to ISO 
16111:2018 and including a phaseout date of December 31, 2026, for 
continued use of valve guards conforming to valve protection standards 
in ISO 16111:2008. PHMSA clarified in the ``Section IV: Comment 
Discussion'' section of this final rule that the phaseout date of 
December 31, 2026, applies to the manufacturing of valves under ISO 
16111:2008. Valves manufactured before December 31, 2026, would still 
be authorized under the HMR. PHMSA has reviewed the updated ISO 
standards as part of its regular participation in the review of 
amendments for the UN Model Regulations and has determined use of the 
update ISO 16111 will maintain the HMR safety standard for protection 
of valves used in UN metal hydride storage systems.
    Paragraph (d) requires that when the use of a valve is prescribed, 
the valve must conform to the requirements in ISO 11118:2015(E), ``Gas 
cylinders--Non-refillable metallic gas cylinders--Specification and 
test methods.'' ISO 11118:2015 specifies minimum requirements for the 
material, design,

[[Page 25458]]

inspections, construction and workmanship, manufacturing processes, and 
tests at manufacture of non-refillable metallic gas cylinders of 
welded, brazed, or seamless construction for compressed and liquefied 
gases, including the requirements for their non-refillable sealing 
devices and their methods of testing. For consistency with the UN Model 
Regulations, PHMSA is revising the valve conformance requirements to 
include a reference to the 2019 amendment of ISO 11118, specifically, 
ISO 11118:2015/Amd 1:2019, which ISO published as a supplement to ISO 
11118:2015(E). This supplement corrects the references and numerous 
typographical errors. The amendment also includes updates to the 
marking requirements in the normative Annex A, which includes 
clarifications, corrections, and new testing requirements. 
Additionally, paragraph (d) currently indicates that the manufacture of 
valves to ISO 13340:2001(E) is authorized until December 31, 2020. 
Since this date has passed, PHMSA is removing reference to this expired 
authorization.
    Updating references to these documents will align the HMR with 
changes adopted in the 22nd revised edition of the UN Model Regulations 
pertaining to the design and construction of UN pressure drums. PHMSA 
has reviewed this edition as part of its regular participation in the 
review of amendments for the UN Model Regulations and does not expect 
any degradation of safety standards in association with its use.
    Lastly, paragraph (f) of this section requires that for the 
transportation of hydrogen bearing gases, a steel UN pressure 
receptacle bearing an ``H'' mark must be used. The ``H'' marking 
indicates that the receptacle is compatible with hydrogen embrittling 
gases. However, some hydrogen bearing gases may also be transported in 
composite pressure receptacles with steel liners as provided in Sec.  
173.311. Therefore, PHMSA is amending Sec.  173.301b(f) to clarify that 
these compatibility provisions apply to steel UN cylinders as well as 
composite pressure receptacles that include steel liners. PHMSA expects 
that this amendment will add an additional level of safety by ensuring 
that suitability of materials is considered when shippers opt to use 
composite cylinders for the transport of hydrogen bearing gases.
Section 173.302b
    In the NPRM, PHMSA proposed to add a new Special Provision 441, 
assigning it to ``UN1045, Fluorine, compressed.'' As previously 
discussed in ``Section IV: Comment Discussion'' section of this final 
rule, PHMSA is moving the regulatory language from the proposed special 
provision 441 into Sec.  173.302b(g). This new paragraph addresses gas 
mixtures containing fluorine and inert gases in UN pressure receptacles 
in accordance with changes adopted in the 22nd revised edition of the 
UN Model Regulations. Specifically, this change provides latitude with 
regard to the maximum allowable working pressure when fluorine is a 
part of a mixture, which contains less reactive gases, such as 
nitrogen, when the mixture is transported in UN pressure receptacles. 
As a strongly oxidizing gas, pure fluorine requires specific safety 
measures because it reacts spontaneously with many organic materials 
and metals. Additionally, because of its reactive properties, the UN 
Model Regulations limit the maximum allowable working pressure for pure 
fluorine in cylinders to 30 bar; a minimum test pressure of 200 bar is 
also required. However, prior to changes adopted in the 22nd revised 
edition of the UN Model Regulations, there was no guidance on the 
maximum allowable working pressure and minimum test pressure for 
mixtures of gases that contain fluorine. Commercially, these mixtures 
are often placed on the market and used in concentrations, which may 
include as little as one percent fluorine combined with noble gases, or 
10 to 20 percent fluorine mixed with nitrogen. Due to the lack of 
specific provisions addressing fluorine gas mixtures, such mixtures 
containing relatively inconsequential amounts of fluorine were subject 
to the same requirements (restrictive maximum allowable working 
pressures) as pure fluorine. Given that fluorine, in a mixture with 
inert gases or nitrogen, is less reactive towards materials than pure 
fluorine, the UNSCOE determined that gas mixtures containing less than 
35% fluorine by volume should no longer be treated like pure fluorine 
and may use a higher maximum allowable working pressure. The new 
packing provision added in the 22nd revised edition of the UN Model 
Regulations allows for pressure receptacles containing mixtures of 
fluorine and inert gases (including nitrogen) to have higher working 
pressures by allowing for consideration of the partial pressures 
exerted by the other constituents in the mixture, rather than limiting 
the pressure in the receptacle based on fluorine alone. Specifically, 
the provision permits mixtures of fluorine and nitrogen with a fluorine 
concentration below 35% by volume to be filled in pressure receptacles 
up to a maximum allowable working pressure for which the partial 
pressure of fluorine does not exceed 31 bar absolute. Additionally, for 
mixtures of true inert gases and fluorine, where the concentration of 
fluorine is below 35% by volume, pressure receptacles may be filled up 
to a maximum allowable working pressure for which the partial pressure 
of fluorine does not exceed 31 bar absolute, provided that when 
calculating the partial pressure, the coefficient of nitrogen 
equivalency is determined and accounted for in accordance with ISO 
10156:2017. Finally, the newly added provision for these two types of 
gas mixtures limits the working pressure to 200 bar or less, and 
requires that the minimum test pressure of pressure receptacles for 
these mixtures equals 1.5 times the working pressure or 200 bar, with 
the greater value to be applied. While PHMSA is not adding similar 
provisions for this type of mixture in DOT specification cylinders in 
this rulemaking, PHMSA has evaluated the rationale and methods for 
determining the pressure limits in UN pressure receptacles, and finds 
that they provide an equivalent level of safety. For this reason, PHMSA 
is adopting the packing instruction as drafted in the UN Model 
Regulations as a new paragraph to Sec.  173.302b of the HMR.
Section 173.302c
    Section 173.302c outlines additional requirements for the shipment 
of adsorbed gases in UN pressure receptacles. Currently paragraph (k) 
requires that filling of UN pressure receptacles with adsorbed gases be 
performed in accordance with Annex A of ISO 11513:2011, ``Gas 
cylinders--Refillable welded steel cylinders containing materials for 
sub-atmospheric gas packaging (excluding acetylene)--Design, 
construction, testing, use and periodic inspection.'' As part of its 
periodic review and updates of standards, ISO has developed an updated 
second edition (published in 2019). The updated ISO 11513 standard was 
adopted in the 22nd revised edition of the UN Model Regulations for use 
in cylinders filled with adsorbed gases. Similarly, PHMSA is requiring 
use of Annex A of ISO 11513:2019. Specifically, this amendment will 
require the use of the 2019 standard and provide a phaseout date for 
continued use of the ISO 11513:2011 until December 31, 2024. Updating 
references to this document will align the HMR with changes adopted in 
the 22nd revised edition of the UN Model Regulations pertaining to the 
shipment

[[Page 25459]]

of adsorbed gases in UN pressure receptacles. PHMSA has reviewed this 
edition as part of its regular participation in the review of 
amendments for the UN Model Regulations and does not expect any 
degradation of safety standards in association with its use.
Section 173.311
    Section 173.311 specifies requirements for transportable UN metal 
hydride storage systems (UN3468) that are comprised of pressure 
receptacles not exceeding 150 L (40 gallons) in water capacity, and 
having a maximum developed pressure not exceeding 25 MPa (145 psi). 
Currently, the HMR requires that these metal hydride storage systems be 
designed, constructed, initially inspected, and tested in accordance 
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride.'' However, the 22nd revised 
edition of the UN Model Regulations updated references to this standard 
to authorize the use of the updated 2018 version of ISO 16111, while 
allowing the 2008 version to remain authorized for use until December 
31, 2026. PHMSA clarified in the ``Section IV: Comment Discussion'' 
section of this final rule that the phaseout date of December 31, 2026, 
applies to the manufacturing of cylinders under ISO 16111:2008. 
Cylinders manufactured before December 31, 2026, would still be 
authorized under the HMR. Therefore, for consistency with the 
requirements for UN metal hydride storage systems, PHMSA is adopting 
changes made in the 22nd revised edition of the UN Model Regulations to 
authorize the use of ISO 16111:2018 and add a phaseout date of December 
31, 2026, for continued use of ISO 16111:2008. PHMSA has reviewed this 
edition as part of its regular participation in the review of 
amendments for the UN Model Regulations and has determined the updated 
edition of ISO 16111 will maintain the HMR safety standards for the 
design, construction, initial inspection, and testing of UN metal 
hydride storage systems.

D. Part 175

Section 175.1
    Section 175.1 outlines the purpose, scope, and applicability of the 
Part 175 requirements for the transport of hazardous materials by 
aircraft. Specifically, these requirements are in addition to other 
requirements contained in the HMR. The aircraft-level risk presented by 
hazardous materials depends on several factors, such as the total 
quantity and type, potential interactions, and existing risk mitigation 
measures. When accepting hazardous materials for transportation by 
aircraft, certain aircraft operators (i.e., air carriers) must also 
comply with the Federal Aviation Administration (FAA) Safety Management 
System (SMS) requirements in 14 CFR part 5--Safety Management Systems, 
which impacts how operators comply with requirements of the HMR.
    PHMSA is adding a new paragraph (e) to this sections that directs 
14 CFR part 121 certificate holders to the FAA's requirements to have 
an SMS in accordance with 14 CFR part 5. This action will not introduce 
new regulatory burden, as the SMS requirements for Part 121 certificate 
holders have been in place for several years. However, PHMSA expects 
that adding a reference to these requirements in the HMR will provide 
additional clarity for Part 121 aircraft operators, particularly with 
SMS applicability to the acceptance and transport of hazardous 
materials at the aircraft level. Finally, PHMSA notes that the FAA 
Advisory Circular (AC) 120-121 \29\ provides information relating to 
safety risk assessments (which is the process within the SMS composed 
of describing the system, identifying the hazards, and analyzing, 
assessing, and controlling risk) and potential mitigation strategies to 
items in the aircraft cargo compartment. When using this document, 
aircraft operators should refer to requisite ICAO documents; check the 
FAA website for additional information on cargo safety and mitigations 
relating to fire events; and consider safety enhancements developed and 
promoted by industry groups.
---------------------------------------------------------------------------

    \29\ https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-121.pdf.
---------------------------------------------------------------------------

Section 175.10
    Section 175.10 specifies the conditions under which passengers, 
crew members, or an air operator may carry hazardous materials aboard 
an aircraft. Consistent with revisions to the ICAO Technical 
Instructions, PHMSA is making revisions in paragraphs (a)(15) and 
(a)(17) applicable to the carriage of wheelchairs or other mobility 
aids powered by batteries. Specifically, in paragraphs (a)(15)(v)(A), 
(a)(15)(vi)(A) and (a)(17)(ii)(C), which currently require that the 
battery be securely attached to the wheelchair or mobility aid, PHMSA 
is adding the supplemental requirement that the battery is also 
adequately protected against damage by the design of the wheelchair or 
mobility aid. The revisions will enhance the safe carriage of these 
battery-powered items aboard passenger aircraft by requiring combined 
measures of protection against damage and securement of the batteries. 
Furthermore, the revisions will assist passengers traveling with 
battery-powered wheelchairs or mobility aids by providing better 
clarity on the required safety measures. Additionally, PHMSA is 
revising introductory text to paragraphs (a)(14) and (a)(26) to 
specifically state that each lithium battery must be of a type that 
meets the requirements of the UN Manual of Tests and Criteria, Part 
III, Subsection 38.3. Currently this requirement is outlined in every 
other subparagraph under paragraph (a) pertaining to lithium batteries 
but was inadvertently omitted in prior rulemakings for paragraphs 
(a)(14) and (a)(26). In its comment to the NPRM, COSTHA notes that 
PHMSA inadvertently left out the word ``lithium'' to clarify the 
testing requirements in this section apply to lithium batteries. PHMSA 
concurs with the COSTHA comment and is revising Sec.  175.10(a)(14) to 
clarify that the testing requirements in this section only apply to 
lithium powered batteries. Additionally, PHMSA received comments from 
ALPA, MDTC, and PRBA in support of this proposal. Therefore, for 
clarity and consistency with the ICAO Technical Instructions, PHMSA is 
making this editorial change and expects it will improve safety by 
ensuring it is understood that all lithium batteries transported under 
the provisions of that paragraph are subject to UN testing.
    PHMSA is revising paragraph (a)(18) regarding the carriage of 
portable electronic devices (e.g., watches, cell phones, etc.). 
Currently, the HMR allows these devices to be carried both in carry-on 
baggage and checked baggage. However, this paragraph stipulates that 
for lithium battery-powered devices carried in checked baggage, the 
devices must be completely switched off (i.e., not in sleep or 
hibernation mode). The requirement to turn off battery powered devices 
was added in the ICAO Technical Instructions and the HMR as a result of 
temporary security restrictions that prohibited the carriage of large 
portable electronic devices in the cabin on certain flights. In 
addition to the restriction of electronic devices in the aircraft 
cabin, a requirement to turn off all devices powered by lithium 
batteries when placed in checked baggage was added to prevent risks 
from overheating in those devices that might remain

[[Page 25460]]

active when not powered off (e.g., laptops). This requirement to turn 
devices off was applied to all devices powered by batteries or cells, 
regardless of their size and level of risk, primarily to simplify the 
regulations and facilitate its implementation. However, in light of the 
need for passengers to carry active devices powered by small cells in 
checked baggage (e.g., small tracking devices), PHMSA is providing some 
conditional relief from this requirement for passengers and crew by 
applying the provision to switch off the device to only those devices 
powered by lithium metal batteries exceeding 0.3 grams lithium content 
or lithium-ion batteries exceeding 2.7 Wh. This is consistent with 
paragraph (a)(26), which allows baggage equipped with lithium batteries 
to be carried as checked baggage if the batteries do not exceed 0.3 
grams of lithium content or 2.7 Wh, respectively. Based on similar 
battery size criteria in paragraph (a)(26), PHMSA does not expect a 
reduction in safety of transporting lithium battery-powered devices 
aboard passenger aircraft under the exception. Moreover, small lithium 
battery-powered devices are not known or expected to create heat in the 
same manner as portable electronic devices powered by much larger 
batteries. PHMSA expects this amendment will avoid unnecessary 
operational challenges for states, operators, and the travelling public 
without compromising safety. In response to the NPRM, PHMSA received 
comments from ALPA, COSTHA, MDTC, and PRBA in support of this revision.
    Additionally, PHMSA is adding clarification in paragraph (a) that 
the most appropriate exception from this section shall be selected when 
hazardous materials are carried by aircraft passengers or crewmembers. 
For example, paragraph (a)(19) specifies conditions for battery-powered 
smoking devices such that a person cannot opt to follow the more 
generalized portable electronic device conditions of paragraph (a)(18). 
PHMSA expects this clarification will support the safe transport of 
excepted hazardous materials by ensuring they will be transported in a 
manner that is most appropriate for the hazard they may pose.
    Finally, PHMSA is making a clarifying amendment to paragraph 
(a)(26) regarding baggage equipped with lithium batteries. Oftentimes, 
the baggage has built-in features that cannot be turned off, and the 
intent of paragraph (a)(26) is that the devices are not required to be 
turned off when the baggage is checked. Therefore, PHMSA is clarifying 
paragraph (a)(26) to state plainly that, under the conditions allowing 
baggage to be checked without removing the batteries, electronic 
features of the baggage do not have to be switched off if the lithium 
batteries meet the size limitations in paragraphs (a)(26)(i) and (ii). 
In response to the NPRM, COSTHA was supportive of this revision but 
proposes PHMSA add ``lithium'' to the sentence to clarify the 
requirement is for lithium batteries, i.e., ``Each lithium battery must 
be of a type which meets the requirements of each test in the UN Manual 
of Tests and Criteria, Part III, Subsection 38.3 . . .'' PHMSA concurs 
with COSTHA's comment and has revised paragraph (a)(26) as suggested. 
Additionally, ALPA, MDTC, and PRBA provided comments in support of this 
revision.
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. Currently, paragraph (a)(13)(iii) 
conditionally excepts lithium batteries \30\ that are prepared in 
accordance with the paragraph Sec.  173.185(c) exceptions for smaller 
cells and batteries from the requirement to be included with the 
information to be provided to the pilot-in-command. Since smaller 
lithium cells and batteries that are not packed with or contained in 
equipment (e.g., UN3480, Lithium ion batteries, and UN3090, Lithium 
metal batteries) are no longer provided relief from hazard 
communication requirements, such as shipping papers, PHMSA is making a 
conforming change to this section to also remove the exception for 
UN3480 and UN3090 from being excepted from the pilot-in-command 
requirement. This revision maintains the HMR standard of hazard 
communication for transportation of lithium cells and batteries by air. 
In response to the NPRM, PHMSA received comments from COSTHA and MDTC 
is support of this revision.
---------------------------------------------------------------------------

    \30\ UN3480, Lithium-ion batteries, UN3481, Lithium-ion 
batteries, contained in equipment or packed in equipment, UN3090, 
Lithium metal batteries, and UN3091, Lithium metal batteries 
contained in equipment or packed with equipment.
---------------------------------------------------------------------------

E. Part 178

Section 178.37
    Section 178.37 outlines the construction requirements for DOT 
specification 3AA and 3AAX seamless steel cylinders. As summarized in 
the Section IV. Section-by-Section Review discussion of changes to 
Sec.  171.7, PHMSA is incorporating by reference the revised third 
edition (published in 2019) of ISO 9809-1, ``Gas cylinders--Design, 
construction and testing of refillable seamless steel gas cylinders and 
tubes--Part 1: Quenched and tempered steel cylinders and tubes with 
tensile strength less than 1100 MPa.'' Currently, ISO 9809-1 is 
referenced in Sec.  178.37 as an approved methodology by which to 
perform bend tests, instead of the required flattening test specified 
in paragraph (j). As currently written, paragraph (j) does not specify 
which edition is authorized, yet multiple editions are incorporated by 
reference in Sec.  171.7. PHMSA aims to make the requirement clearer by 
authorizing use of the most current version of ISO 9809-1 only. PHMSA 
reviewed the 2019 version and concludes that the bend test provisions 
in the standard remain a suitable alternative for the flattening test 
provisions of paragraph (j). This clarification will improve compliance 
with the appropriate version of ISO 9809-1 and ensure an appropriate 
level of safety.
Section 178.71
    Section 178.71 prescribes specifications for UN pressure 
receptacles. Several updates to referenced standards pertaining to the 
design, construction, and maintenance of UN pressure receptacles were 
added in the 22nd revised edition of the UN Model Regulations. To 
maintain consistency with the UN Model Regulations, PHMSA is making 
similar updates to those ISO standards incorporated by reference in 
this section. In its comments to the NPRM, CGA suggests that PHMSA 
consider using the current method of stating the applicability of older 
editions of ISO standards that more specifically set the endpoint for 
use of the standard to the manufacture of the cylinders. CGA adds that 
using the word ``manufacture'' better aligns with the term ``applicable 
for manufacture'' used throughout section 6.2.2 in the 22nd edition of 
the UN Model Regulations. PHMSA agrees and is revising the language in 
this section to better reflect the intent in the UN Model Regulations, 
that the year of manufacture should be used to describe the phaseout of 
these ISO standards.
    Paragraph (f) outlines required conformance to ISO design and 
construction standards, as applicable, for UN refillable welded 
cylinders and UN pressure drums in addition to the general requirements 
of the section. ISO 21172-1:2015, ``Gas cylinders--Welded steel 
pressure drums up to 3,000 litres capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1,000 litres,'' is

[[Page 25461]]

currently included in paragraph (f)(4) and specifies the minimum 
requirements for the material, design, fabrication, construction and 
workmanship, inspection, and testing at manufacture of refillable 
welded steel pressure drums of volumes up to 1,000 L (264 gallons). The 
22nd revised edition of the UN Model Regulations includes an amendment 
to ISO 21172:2015--ISO 21172-1:2015/Amd1:2018, ``Gas cylinders--Welded 
steel pressure drums up to 3 000 litres capacity for the transport of 
gases--Design and construction--Part 1: Capacities up to 1 000 litres--
Amendment 1.'' ISO 21172-1:2015/Amd1:2018 is a short supplemental 
amendment to be used in conjunction with ISO 21172-1:2015. It removes 
the restriction on use of UN pressure drums for transportation of 
corrosive materials. In addition to adding a reference for use of this 
supplemental document, the UN Model Regulations added a phase out date 
of manufacture of December 31, 2026, until which ISO 21172-1:2015 UN 
pressure drums may continue to be manufactured without the supplement. 
Similarly, PHMSA is requiring conformance of UN pressure drums with ISO 
21172 used in combination with the supplemental amendment, and adding a 
phaseout date of December 31, 2026, for continued manufacture of UN 
pressure drums in conformance with ISO 21172-1:2015 without the 
supplemental amendment.
    Additionally, PHMSA is revising paragraphs (g), (k), and (n), which 
outline the design and construction requirements for UN refillable 
seamless steel cylinders, UN acetylene cylinders, and UN cylinders for 
the transportation of adsorbed gases, respectively. Currently this 
section requires that these UN cylinders conform to the second edition 
(published in 2010) of one or more of following ISO standards:
    (1) ISO 9809-1:2010 ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa.''
    (2) ISO 9809-2, ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa.''
    (3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders.''
    This series of ISO standards specifies minimum requirements for the 
material, design, construction and workmanship, manufacturing 
processes, examination, and testing at time of manufacture for 
refillable seamless steel gas cylinders and tubes with water capacities 
up to and including 450 L (119 gallons). PHMSA is modifying the design 
and construction requirements for UN cylinders by authorizing the use 
of the revised third edition of ISO 9809, Parts 1 through 3. 
Additionally, PHMSA is adding a phaseout date of December 31, 2026, for 
continued design, construction, and testing of UN cylinders conforming 
to the second edition. Finally, PHMSA is removing reference to the 
first edition of these standards as the authorized date (December 31, 
2018) for continued manufacture in accordance with this edition has 
expired. PHMSA has reviewed these updated standards as part of its 
regular participation in the review of amendments for the UN Model 
Regulations and expects their required use will maintain the HMR safety 
standard for manufacture of UN cylinders.
    Paragraph (i) outlines required conformance to ISO design and 
construction standards for UN non-refillable metal cylinders. PHMSA is 
removing reference to ISO 11118:1999 and adding a reference to a 
supplemental amendment, ISO 11118:2015/Amd 1:2019. Current paragraph 
(i) requires, in addition to the general requirements of the section, 
conformance with ISO 11118:2015, ``Gas cylinders--Non-refillable 
metallic gas cylinders--Specification and test methods.'' ISO 
11118:2015 specifies minimum requirements for the material, design, 
inspections, construction, workmanship, manufacturing processes, and 
tests for manufacture of non-refillable metallic gas cylinders of 
welded, brazed, or seamless construction for compressed and liquefied 
gases, including the requirements for their non-refillable sealing 
devices and their methods of testing. PHMSA is revising the valve 
conformance requirements to include a reference to the 2019 
supplemental amendment (ISO 11118:2015/Amd 1:2019), which ISO published 
to be used in conjunction with an ISO 11118:2015. Additionally, PHMSA 
is adding an end date of December 31, 2026, to the authorization to use 
ISO 11118:2015 when not used in conjunction with the supplemental 2019 
amendment, ISO 11118:2015 +Amd.1:2019. This supplemental amendment 
corrects the identity of referenced clauses and corrects numerous 
typographical errors. PHMSA has reviewed this supplemental amendment as 
part of its regular participation in the review of amendments for the 
UN Model Regulations and does not expect any degradation of safety 
standards in association with the use of these two documents.
    Paragraph (m) outlines required conformance to ISO standards for 
the design and construction requirements of UN metal hydride storage 
systems. Currently this paragraph requires that metal hydride storage 
systems conform to ISO 16111:2008, ``Transportable gas storage 
devices--Hydrogen absorbed in reversible metal hydride,'' in addition 
to the general requirements of this section. As part of its regular 
review of its existing standards, in 2018 ISO published an updated 
version of this standard, which was adopted in the 22nd revised edition 
of the UN Model Regulations. In addition to permitting construction in 
accordance with ISO 16111:2018, the 22nd revised edition of the UN 
Model Regulations added a December 31, 2026, phaseout date for the 
continued construction of UN metal hydride storage systems conforming 
to ISO 16111:2008. Therefore, to maintain alignment with the UN Model 
Regulations, PHMSA is adding the same phaseout date of December 31, 
2026.
    Paragraph (n) prescribes the design and construction requirements 
for UN cylinders for the transportation of adsorbed gases. In addition 
to updating reference for required conformance with ISO 9809-1:2019 as 
discussed above, PHMSA is requiring conformance to an updated version 
of ISO 11513, ``Gas cylinders--Refillable welded steel cylinders 
containing materials for sub-atmospheric gas packaging (excluding 
acetylene)--Design, construction, testing, use and periodic 
inspection.'' ISO 11513 specifies minimum requirements for the 
material, design, construction, workmanship, examination, and testing 
at manufacture of refillable welded steel cylinders for the sub-
atmospheric pressure storage of liquefied and compressed gases. The 
second edition has updated packing instructions and allows the use of 
ultrasonic testing as a nondestructive method for inspection of the 
cylinders. Currently the HMR requires that UN cylinders that are used 
for the transportation of adsorbed gases conform to either ISO 9809-
1:2010 or ISO 11513:2011. PHMSA is requiring conformance with the 
updated ISO 11513:2019 in addition to the option of the updated ISO 
9809-1:2019 edition. PHMSA also is adding a phaseout date of December 
31, 2026, to allow UN cylinders to continue to be built in conformance 
with ISO 11513:2011.
    Updating the reference to this standard aligns the HMR with changes

[[Page 25462]]

adopted in the 22nd revised edition of the UN Model Regulations, 
pertaining to the design and construction of UN cylinders used for the 
transportation of adsorbed gases. PHMSA has reviewed this edition as 
part of its regular participation in the review of amendments for the 
UN Model Regulations and expects that the required use will maintain 
the HMR safety standard for the manufacture of UN cylinders.
Section 178.75
    Section 178.75 prescribes specifications for multiple-element gas 
containers (MEGCs), which are assemblies of UN cylinders, tubes, or 
bundles of cylinders interconnected by a manifold and assembled within 
a framework. PHMSA is revising paragraph (d)(3), which outlines the 
general design and construction requirements for MEGCs. In its comments 
to the NPRM, CGA suggests that PHMSA consider using the current method 
of stating the applicability of older editions of ISO standards that 
more specifically set the endpoint for use of the standard to the 
manufacture of the cylinders. CGA adds that using the word 
``manufacture'' better aligns with the term ``applicable for 
manufacture'' used throughout section 6.2.2 in the 22nd edition of the 
UN Model Regulations. PHMSA agrees and is revising the language in this 
section to better reflect the intent in the UN Model Regulations that 
the year of manufacture should be used to describe the phaseout of 
these ISO standards. Currently this paragraph requires that each 
pressure receptacle of a MEGC be of the same design type, seamless 
steel, and constructed and tested according to one of five ISO 
standards including the second editions of:
    (1) ISO 9809-1 ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa.''
    (2) ISO 9809-2, ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa.''
    (3) ISO 9809-3, ``Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders.''
    This series of ISO standards specifies minimum requirements for the 
material, design, construction, workmanship, manufacturing processes, 
examination, and testing at time of manufacture for refillable seamless 
steel gas cylinders and tubes with water capacities up to and including 
450 L (119 gallons). The standards were updated and revised, as 
discussed in the Section IV. Section-by-Section Review discussion of 
Sec.  171.7 changes. PHMSA is authorizing the use of the third edition 
of ISO 9809, Parts 1 through 3, and adding a phaseout date of December 
31, 2026, for continued manufacture of pressure receptacles using the 
second edition. Finally, PHMSA is removing reference to the first 
edition of these standards, as the authorization date (December 31, 
2018) for continued manufacture in accordance with this edition has 
expired. Authorizing the use of these updated references to this 
document will align the HMR with changes adopted in the 22nd revised 
edition of the UN Model Regulations pertaining to the design and 
construction of pressure vessels, including MEGCs, while maintaining 
the HMR safety standard for use of MEGCs.
Section 178.609
    Section 178.609 provides test requirements for packagings intended 
for transport of infectious substances. PHMSA is making an editorial 
change in paragraph (d) to clarify the drop testing requirements for 
these packagings. In rule HM-215P,\31\ PHMSA made editorial changes in 
paragraph (g) to clarify the performance requirements for packagings 
intended to also contain dry ice consistent with changes to the 21st 
revised edition of UN Model Regulations. However, some additional 
editorial changes regarding the drop test requirements for these 
packagings were later added to the UN Model Regulations that were not 
reflected in HM-215P. Therefore, in this final rule, PHMSA is making 
additional editorial corrections to this section pertaining to the drop 
test requirements in paragraph (d). Currently, paragraph (d)(2) states 
that where the samples are in the shape of a drum, three samples must 
be dropped, in three different orientations. However, during the course 
of the finalization of these changes in the UN Model Regulations, an 
additional precision was made regarding the word ``chime,'' which was 
removed from these testing requirements and replaced with the word 
``edge.'' The wording was changed so as not to specify which direction 
the package should be dropped. PHMSA does not consider this change to 
be technical, but editorial, with the intent of conveying the testing 
protocol, as it was designed, more clearly. For that reason, PHMSA 
expects this change to maintain the current level of safety for 
packagings intended to contain infectious substances. This change will 
simply result in a packaging being tested in line with the design of 
the original packaging test method. PHMSA received a comment from MDTC 
in support of this revision.
---------------------------------------------------------------------------

    \31\ 87 FR 44944 (July 26, 2022).
---------------------------------------------------------------------------

Section 178.706
    Section 178.706 prescribes construction standards for rigid plastic 
IBCs. PHMSA is revising paragraph (c)(3) to allow the use of recycled 
plastic (i.e., used material) in the construction of rigid plastic IBCs 
with the approval of the Associate Administrator consistent with a 
similar change adopted in the 22nd revised edition of the UN Model 
Regulations and international standards. PHMSA is including a slight 
variation from the international provision by requiring prior approval 
of the Associate Administrator for use of recycled plastics in the 
construction of rigid plastic IBCs. This approach is consistent with 
current requirements for the construction of plastic drums and 
jerricans in Sec.  178.509(b)(1) that restrict use of ``used material'' 
unless approved by the Associate Administrator. The UN Model 
Regulations incorporate quality assurance program requirements that 
require recognition by a governing body. By requiring approval of the 
Associate Administrator, PHMSA is able to maintain oversight of 
procedures, such as batch testing, that manufacturers will use to 
ensure the quality of recycled plastics used in the construction of 
rigid plastic IBCs. This action will facilitate environmentally 
friendly processes in the construction of rigid plastic IBCs while 
maintaining the high safety standards in the production of these 
packagings for use in transportation of hazardous materials. RIBCA and 
RIPA provided comments in support of allowing the manufacturing of 
rigid plastic IBCs from recycled plastics.
Section 178.707
    Section 178.707 prescribes construction standards for composite 
IBCs. PHMSA is revising paragraph (c)(3)(iii) to allow the use of 
recycled plastic (i.e., used material) in the construction of inner 
receptacles of composite IBCs, with the approval of the Associate 
Administrator, consistent with a similar change adopted in the 22nd 
revised edition of the UN Model Regulations and the modal international 
standards. PHMSA is including a slight variation from the international 
provision by requiring prior approval by the Associate Administrator to 
use recycled plastics in the construction of inner plastic receptacles 
of composite

[[Page 25463]]

IBCs. This approach is consistent with current requirements for 
construction of plastic drums and jerricans in Sec.  178.509(b)(1), 
which restrict use of ``used material,'' unless approved by the 
Associate Administrator. The UN Model Regulations incorporate quality 
assurance program requirements that require recognition by a governing 
body. By requiring approval of the Associate Administrator, PHMSA is 
able to maintain oversight of procedures, such as batch testing, that 
manufacturers will use to ensure the quality of recycled plastics used 
in the construction of inner plastic receptacles of composite IBCs. 
This action will facilitate environmentally friendly processes in the 
construction of composite IBCs while maintaining the high safety 
standards in the production of these packagings for use in 
transportation of hazardous materials. RIBCA and RIPA provided comments 
in support of allowing the manufacturing of composite IBCs from 
recycled plastics.

F. Part 180

Section 180.207
    Section 180.207 outlines the requirements for requalification of UN 
pressure receptacles. The 22nd revised edition of the UN Model 
Regulations includes numerous updates to referenced standards for 
inspection and maintenance of UN pressure receptacles. PHMSA is 
adopting similar amendments in the HMR to maintain consistency with the 
UN Model Regulations. To that end, PHMSA is revising paragraph (d), 
which specifies the requalification procedures and conformance 
standards for specific procedures. Specifically, paragraph (d)(3) 
currently requires that dissolved acetylene UN cylinders be requalified 
in accordance with ISO 10462:2013, ``Gas cylinders--Acetylene 
cylinders--Periodic inspection and maintenance.'' ISO 10462:2013 
specifies requirements for the periodic inspection and maintenance of 
acetylene cylinders. It applies to acetylene cylinders with and without 
solvent, and with a maximum nominal water capacity of 150 L. As part of 
a periodic review of its standards, the ISO reviewed this standard, and 
in June 2019 published a short supplemental amendment, ISO 10462:2013/
Amd 1:2019. The supplemental document provides amendments that simplify 
the marking of rejected cylinders to render them unserviceable. This 
supplemental document is intended for use in conjunction with ISO 
10462:2013 for the periodic inspection and maintenance of dissolved 
acetylene UN cylinders. As such, PHMSA is adding a reference to ISO 
10462:2013/Amd 1:2019 in Sec.  180.207(d)(3) where ISO 10462:2013 is 
currently required, and adding a phaseout date of December 31, 2024, 
for authorized use of ISO 10462:2013 without the supplemental 
amendment.
    PHMSA is revising paragraph (d)(5) which requires that UN cylinders 
used for adsorbed gases be inspected and tested in accordance with 
Sec.  173.302c and ISO 11513:2011. ISO 11513 specifies minimum 
requirements for the material, design, construction, workmanship, 
examination, and testing at manufacture of refillable welded steel 
cylinders for the sub-atmospheric pressure storage of liquefied and 
compressed gases. The 22nd revised edition of the UN Model Regulations 
updated references to ISO 11513 to authorize the use of the second 
edition, ISO 11513:2019. This second edition has been updated to amend 
packing instructions and remove the prohibition on the use of 
ultrasonic testing during periodic inspection. PHMSA is authorizing the 
use of ISO 11513:2019 and adding a sunset date of December 31, 2024, 
until which the current edition of ISO 11513 may continue to be used.
    Lastly, PHMSA is adding paragraph (d)(8) to reference ISO 
23088:2020, ``Gas cylinders--Periodic inspection and testing of welded 
steel pressure drums--Capacities up to 1 000 L,'' to provide a 
requalification standard for UN pressure drums because requalification 
procedures may differ for pressure drums versus other UN pressure 
receptacles. The ISO 23088:2020 standard complements the design and 
construction standard ISO 21172-1, ``Gas cylinders--Welded steel 
pressure drums up to 3,000 litre capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1,000 litres,'' 
referenced in Sec.  178.71 for UN pressure drums. ISO 21172-1:2015 was 
added in the HMR in rule HM-215O. PHMSA expects that incorporating by 
reference a safety standard for requalification will reduce business 
costs and environmental effects by allowing existing UN pressure drums 
to be reintroduced into service for continued use for an extended 
period of time.
    These revisions will align the HMR with changes adopted in the 22nd 
revised edition of the UN Model Regulations pertaining to industry 
consensus standards for requalification and maintenance procedures for 
UN pressure receptacles. PHMSA has reviewed this edition as part of its 
regular participation in the review of amendments for the UN Model 
Regulations and does not expect any degradation of safety standards in 
association with its use. PHMSA expects that these amendments will 
enhance safety by providing cylinder and pressure drum users with the 
necessary guidelines for the continued use of UN pressure receptacles.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of Federal 
Hazardous Materials Transportation Law (49 U.S.C. 5101 et seq.). 
Section 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. 
Additionally, 49 U.S.C. 5120 authorizes the Secretary to consult with 
interested international authorities to ensure that, to the extent 
practicable, regulations governing the transportation of hazardous 
materials in commerce are consistent with the standards adopted by 
international authorities. The Secretary has delegated the authority 
granted in the Federal Hazardous Materials Transportation Law to the 
PHMSA Administrator at 49 CFR 1.97(b).

B. Executive Orders 12866 and 14094, and DOT Regulatory Policies and 
Procedures

    Executive Order 12866 (``Regulatory Planning and Review''),\32\ as 
amended by Executive Order 14094 (``Modernizing Regulatory 
Review''),\33\ requires that agencies ``should assess all costs and 
benefits of available regulatory alternatives, including the 
alternative of not regulating.'' Agencies should consider quantifiable 
measures and qualitative measures of costs and benefits that are 
difficult to quantify. Further, Executive Order 12866 requires that 
``agencies should select those [regulatory] approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety, and other advantages; distributive impacts; and 
equity), unless a statute requires another regulatory approach.'' 
Similarly, DOT Order

[[Page 25464]]

2100.6A (``Rulemaking and Guidance Procedures'') requires that 
regulations issued by PHMSA and other DOT Operating Administrations 
should consider an assessment of the potential benefits, costs, and 
other important impacts of the proposed action, and should quantify (to 
the extent practicable) the benefits, costs, and any significant 
distributional impacts, including any environmental impacts. Executive 
Order 12866 and DOT Order 2100.6A require that PHMSA submit 
``significant regulatory actions'' to the Office of Management and 
Budget (OMB) for review. This rulemaking is not considered a 
significant regulatory action under section 3(f) of Executive Order 
12866 and, therefore, was not formally reviewed by OMB. This rulemaking 
is also not considered a significant rule under DOT Order 2100.6A.
---------------------------------------------------------------------------

    \32\ 58 FR 51735 (Oct. 4, 1993).
    \33\ 88 FR 21879 (April 11, 2023). PHMSA acknowledges that a 
recent update to Circular A-4 contemplates that agencies will use a 
different discount rate than those employed in the discussion below 
and the RIA beginning in January 2025. However, PHMSA notes that 
that update to Circular A-4 permits the use of those historical 
discount rates based on the Federal Register publication date of 
this final rule. See OMB, Circular A-4, ``Regulatory Analysis'' at 
93 (Nov. 9, 2023).
---------------------------------------------------------------------------

    The following is a brief summary of costs, savings, and net 
benefits of some of the amendments in this final rule. PHMSA has 
developed a more detailed analysis of these costs and benefits in the 
RIA, a copy of which has been placed in the docket.
    PHMSA is amending the HMR to maintain alignment with international 
regulations and standards, thereby maintaining the high safety standard 
currently achieved under the HMR; facilitating the safe transportation 
of; and aligning HMR requirements with anticipated increases in the 
volume of lithium batteries transported by interstate commerce from 
electrification of the transportation and other economic sectors. PHMSA 
examined the likely impacts of finalizing and implementing the 
provisions in the final rule in order to assess the benefits and costs 
of these amendments. This analysis allowed PHMSA to quantitatively 
assess the material effects of four of the amendments in the 
rulemaking. The effects of six remaining amendments are not quantified 
but are assessed qualitatively.
    PHMSA estimates that the net annualized quantified net cost savings 
of this rulemaking, using a 2% discount rate, are between $6.3 million 
and $14.7 million per year. The following table presents a summary of 
the monetized impacts that these changes may have.

                                          Summary of Net Regulatory Cost Savings, Discount Rate = 2%, 2023-2032
                                                                    [Millions, 2022$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10 Year costs     10 Year cost    10 Year net cost    Annual costs       Annual cost     Annual net cost
                                             ------------------      savings           savings     ------------------      savings           savings
                  Amendment                                    ------------------------------------                  -----------------------------------
                                                Low      High     Low      High     Low      High     Low      High     Low      High     Low      High
--------------------------------------------------------------------------------------------------------------------------------------------------------
1: Incorporation by reference...............     $9.2       $9       $0       $0     $(9)     $(9)       $1       $1       $0       $0     $(1)     $(1)
2: HMT additions............................      0.1      0.1        0        0    (0.1)    (0.1)     0.01     0.01        0        0   (0.01)   (0.01)
3: Self-reactive materials and organic              0        0     0.01     0.05     0.01     0.05        0        0    0.001    0.005    0.001    0.005
 peroxides..................................
5: Lithium battery changes..................        5        9       76      147       66      142      0.6        1      8.4       16      7.4       16
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................     14.6     18.7     75.6    146.9     56.8    132.3      1.6      2.1      8.4     16.4      6.3     14.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Values in parenthesis in net cost savings columns indicate costs. Low net cost savings for each amendment are determined by subtracting the
  highest costs from the lowest cost savings. High net cost savings are determined by subtracting the lowest costs from the highest cost savings.

    The safety and environmental benefits of the final rule have not 
been quantified. However, PHMSA expects the amendments will help to 
improve public safety and reduce the risk of environmental harm by 
maintaining consistency between these international regulations and the 
HMR. Harmonization of the HMR with international consensus standards 
could reduce delays and interruptions of hazardous materials during 
transportation, thereby lowering GHG emissions and safety risks to 
communities (including minority, low income, underserved, and other 
disadvantaged populations and communities) in the vicinity of interim 
storage sites and transportation arteries and hubs.

C. Executive Order 13132

    PHMSA analyzed this rulemaking in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism'') \34\ 
and the Presidential memorandum (``Preemption'') that was published in 
the Federal Register on May 22, 2009.\35\ Executive Order 13132 
requires agencies to assure meaningful and timely input by state and 
local officials in the development of regulatory policies that may have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.''
---------------------------------------------------------------------------

    \34\ 64 FR 43255 (Aug. 10, 1999).
    \35\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    The rulemaking may preempt state, local, and Native American tribe 
requirements, but does not amend 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. The Federal 
Hazardous Materials Transportation Law contains an express preemption 
provision at 49 U.S.C. 5125(b) that preempts state, local, and tribal 
requirements on certain covered subjects, unless the non-federal 
requirements are ``substantively the same'' as the federal 
requirements, including the following:
    (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.
    (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 will preempt state, local, and tribal requirements 
not meeting the ``substantively the same'' standard. In this instance, 
the preemptive effect of the final rule is limited to the minimum level 
necessary to achieve the objectives of the hazardous materials 
transportation law under which the final rule is promulgated. 
Therefore, the consultation and funding requirements of Executive Order 
13132 do not apply.

[[Page 25465]]

D. Executive Order 13175

    PHMSA analyzed this rulemaking in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \36\ and DOT Order 
5301.1A (``Department of Transportation Tribal Consultation Policy and 
Procedures''). Executive Order 13175 and DOT Order 5301.1A require DOT 
Operating Administrations to assure meaningful and timely input from 
Native American tribal government representatives in the development of 
rules that significantly or uniquely affect tribal communities by 
imposing ``substantial direct compliance costs'' or ``substantial 
direct effects'' on such communities, or the relationship and 
distribution of power between the Federal Government and Native 
American tribes.
---------------------------------------------------------------------------

    \36\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------

    PHMSA assessed the impact of the rulemaking and determined that it 
will not significantly or uniquely affect tribal communities or Native 
American tribal governments. The changes to the HMR in this final rule 
are facially neutral and will have broad, national scope; it will 
neither significantly nor uniquely affect tribal communities, much less 
impose substantial compliance costs on Native American tribal 
governments or mandate tribal action. And because the rulemaking will 
not adversely affect the safe transportation of hazardous materials 
generally, it will not entail disproportionately high adverse risks for 
tribal communities. For these reasons, PHMSA finds that the funding and 
consultation requirements of Executive Order 13175 and DOT Order 
5301.1A to apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) requires 
agencies to review regulations to assess their impact on small 
entities, unless the agency head certifies that a rulemaking will not 
have a significant economic impact on a substantial number of small 
entities, including small businesses; not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields; and governmental jurisdictions with populations under 50,000. 
The Regulatory Flexibility Act directs agencies to establish exceptions 
and differing compliance standards for small businesses, where possible 
to do so and still meet the objectives of applicable regulatory 
statutes. Executive Order 13272 (``Proper Consideration of Small 
Entities in Agency Rulemaking'') \37\ requires agencies to establish 
procedures and policies to promote compliance with the Regulatory 
Flexibility Act and to ``thoroughly review draft rules to assess and 
take appropriate account of the potential impact'' of the rules on 
small businesses, governmental jurisdictions, and small organizations. 
The DOT posts its implementing guidance on a dedicated web page.\38\
---------------------------------------------------------------------------

    \37\ 67 FR 53461 (Aug. 16, 2002).
    \38\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities.
---------------------------------------------------------------------------

    As discussed at length in the RIA, this rulemaking has been 
developed in accordance with Executive Order 13272 and with 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. This final rule facilitates the 
transportation of hazardous materials in international commerce by 
providing consistency with international standards. It applies to 
offerors and carriers of hazardous materials, some of whom are small 
entities, such as chemical manufacturers, users, suppliers, packaging 
manufacturers, distributors, and training companies. As discussed at 
length in the RIA found in the rulemaking docket, the amendments in 
this final rule will result in net cost savings that will ease the 
regulatory compliance burden for those and other entities engaged in 
domestic and international commerce, including trans-border shipments 
within North America. Additionally, the changes in 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, PHMSA certifies that these amendments will not 
have a significant economic impact on a substantial number of small 
entities.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et 
seq.), no person is required to respond to an information collection 
unless it has been approved by OMB and displays a valid OMB control 
number. Pursuant to 44 U.S.C. 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA 
must provide interested members of the public and affected agencies 
with an opportunity to comment on information collection and 
recordkeeping requests.
    PHMSA has analyzed this final rule in accordance with the Paperwork 
Reduction Act. PHMSA currently accounts for shipping paper burdens 
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping 
Papers and Emergency Response Information.'' PHMSA asserts that some 
amendments may impact OMB Control Number 2137-0034, such as the 
requirement to indicate the use of Special Provisions A54 on the 
shipping papers; however, PHMSA expects the overall impact to annual 
paperwork burden is negligible in relation to the number of burden 
hours currently associated with this information collection. While 
PHMSA expects this amendment to reduce the burden associated with this 
information collection, PHMSA anticipates the reduction is negligible 
in relation to the total burden hours associated with special permit 
applications.
    Additionally, PHMSA is revising Sec.  173.185(c)(4) to require that 
shippers and carriers of small lithium batteries not contained in 
equipment have shipping papers and perform NOPIC checks when 
transported by air. PHMSA estimates that 45 domestic airlines 
transporting 4,044 shipments of affected lithium batteries may be 
affected by this provision. PHMSA estimates a burden increase of 16 
minutes per shipment, or 64,704 minutes (1,078 hours), in the first 
year. PHMSA estimates the increased burden for this information 
collection as follows:
OMB Control No. 2137-0034: Hazardous Materials Shipping Papers & 
Emergency Response Information
    Annual increase in number of respondents: 45.
    Annual increase in number of responses: 4,044.
    Annual increase in burden hours: 1,078.
    Increase in Annual Burden Cost: $0.
    PHMSA accounts for the burden from approval applications in OMB 
Control Number 2137-0557, ``Approvals for Hazardous Materials.'' PHMSA 
also is adding new entries to the Sec.  173.224 Self Reactives Table 
and Sec.  173.225 Organic Peroxide Table, which PHMSA expects estimates 
will decrease the number of annual approval applicants. However, PHMSA 
expects that these changes are negligible to the overall impact of the 
total burden, in relation to the number of burden hours associated with 
this information collection. Based on estimates provided in the RIA, 
PHMSA estimates that this final rule will reduce the number of 
approvals by one annually. PHMSA estimates the reduction in this 
information collection as follows:

[[Page 25466]]

OMB Control No. 2137-0557: Approvals for Hazardous Materials
    Decrease in Annual Number of Respondents: 1.
    Decrease in Annual Responses: 1.
    Decrease in Annual Burden Hours: 4.75.
    Decrease in Annual Burden Cost: $0.

G. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501, et 
seq.) requires agencies to assess the effects of federal regulatory 
actions on state, local, and tribal governments, and the private 
sector. For any NPRM or final rule that includes a federal mandate that 
may result in the expenditure by state, local, and tribal governments, 
or by the private sector, of $100 million or more in 1996 dollars in 
any given year, the agency must prepare, amongst other things, a 
written statement that qualitatively and quantitatively assesses the 
costs and benefits of the federal mandate.
    As explained in the RIA, this rulemaking does not impose unfunded 
mandates under the UMRA. It will not result in costs of $100 million or 
more in 1996 dollars to either state, local, or tribal governments, or 
to the private sector, in any one year. A copy of the RIA is available 
for review in the docket.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 
4321, et seq.), requires that federal agencies analyze actions to 
determine if the action would have a significant impact on the human 
environment. The Council on Environmental Quality implementing 
regulations (40 CFR, parts 1500-1508) 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. DOT Order 5610.1C 
(``Procedures for Considering Environmental Impacts'') establishes 
departmental procedures for evaluation of environmental impacts under 
NEPA and its implementing regulations. This Environmental Assessment 
incorporates by reference the analysis discussing safety impacts that 
is included in the preamble language above.
1. Purpose and Need
    This final rule amends the HMR to maintain alignment with 
international consensus standards by incorporating into the HMR various 
amendments, including changes to proper shipping names, hazard classes, 
packing groups, special provisions, packaging authorizations, air 
transport quantity limitations, and vessel stowage requirements. PHMSA 
notes that the amendments in this final rule are intended to result in 
cost savings and reduced regulatory burden for shippers engaged in 
domestic and international commerce, including trans-border shipments 
within North America. Absent adoption of the amendments in the final 
rule, U.S. companies--including numerous small entities competing in 
foreign markets--may be at an economic disadvantage because of their 
need to comply with a dual system of regulations. Further, among the 
HMR amendments introduced in this rulemaking are those aligning HMR 
requirements with anticipated increases in the volume of lithium 
batteries transported in interstate commerce, from electrification of 
the transportation and other economic sectors.
    As explained at greater length above in the preamble of this final 
and in the RIA (each of which is incorporated by reference in this 
discussion of the environmental impacts of the Final Action 
Alternative), PHMSA finds that the adoption of the regulatory 
amendments in this final rule maintains the high safety standard 
currently achieved under the HMR. PHMSA has evaluated the safety of 
each of the amendments in this final rule on its own merit, as well as 
the aggregate impact on transportation safety from adoption of those 
amendments.
2. Alternatives
    In this rulemaking, PHMSA considered the following alternatives:
No Action Alternative
    If PHMSA were to select the No Action Alternative, current 
regulations remain in place and no provisions are amended or added.
Final Action Alternative
    This alternative is the current amendments as they appear in this 
final rule, applying to transport of hazardous materials by various 
transport modes (highway, rail, vessel, and aircraft). The amendments 
included in this alternative are more fully discussed in the preamble 
and regulatory text sections of this final rule.
3. Reasonably Foreseeable Environmental Impacts of the Alternatives
No Action Alternative
    If PHMSA were to select the No Action Alternative, the HMR remains 
unchanged, and no provisions would be amended or added. However, any 
economic benefits gained through harmonization of the HMR with updated 
international consensus standards (including, but not limited to, the 
22nd revised edition of the UN Model Regulations, the 2023-2024 ICAO 
Technical Instructions, and amendment 41-22 of the IMDG Code) governing 
shipping of hazardous materials would not be realized.
    Additionally, the No Action Alternative would not adopt enhanced 
and clarified regulatory requirements expected to maintain the high 
level of safety in transportation of hazardous materials provided by 
the HMR. As explained in the preamble to the final rule, consistency 
between the HMR and current international standards can enhance safety 
by:
    (1) Ensuring the HMR is informed by the latest best practices and 
lessons learned.
    (2) Improving understanding of, and compliance with, pertinent 
requirements.
    (3) Enabling consistent emergency response procedures in the event 
of a hazardous materials incident.
    (4) Facilitating the smooth flow of hazardous materials from their 
points of origin to their points of destination, thereby avoiding risks 
to the public and the environment from release of hazardous materials 
from delays or interruptions in the transportation of those materials.
    PHMSA would not capture those benefits if it were to pass on 
incorporating updated international standards into the HMR under the No 
Action Alternative.
    PHMSA expects that the No Action Alternative could have a modest 
impact on GHG emissions. Because PHMSA expects that the differences 
between the HMR and international standards for transportation of 
hazardous materials could result in transportation delays or 
interruptions, PHMSA anticipates that there could be modestly higher 
GHG emissions from some combination of transfer of delayed hazardous 
materials to and from interim storage, return of improperly shipped 
materials to their point of origin, and reshipment of returned 
materials. PHMSA notes that it is unable to quantify such GHG emissions 
because of the difficulty in identifying the precise quantity or 
characteristics of such interim storage or returns/re-shipments. PHMSA 
also submits that, as explained at greater length in Section IV.J., to 
the extent that there are any delays arising from inconsistencies 
between the HMR and recently updated international

[[Page 25467]]

standards, there could also be adverse impacts from the No Action 
Alternative for minority populations, low-income populations, or other 
underserved and other disadvantaged communities.
4. Environmental Justice
    Executive Order 12898 (``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations''),\39\ and 
DOT Order 5610.2C (``Department of Transportation Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations'') directs federal agencies to take appropriate and 
necessary steps to identify and address disproportionately high and 
adverse effects of federal actions on the health or environment of 
minority and low-income populations ``[t]o the greatest extent 
practicable and permitted by law.'' DOT Order 5610.2C (``U.S. 
Department of Transportation Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations'') establishes 
departmental procedures for effectuating E.O. 12898 promoting the 
principles of environmental justice through full consideration of 
environmental justice principles throughout planning and decision-
making processes in the development of programs, policies, and 
activities--including PHMSA rulemaking.
---------------------------------------------------------------------------

    \39\ 59 FR 7629 (Feb. 16, 1994).
---------------------------------------------------------------------------

    PHMSA has evaluated this final rule under the above Executive Order 
and DOT Order 5610.2C. PHMSA finds the final rule will not cause 
disproportionately high and adverse human health and environmental 
effects on minority, low-income, underserved, and other disadvantaged 
populations and communities. The rulemaking is facially neutral and 
national in scope; it is neither directed toward a particular 
population, region, or community, nor is it expected to adversely 
impact any particular population, region, or community. And because the 
rulemaking will not adversely affect the safe transportation of 
hazardous materials generally, its revisions will not entail 
disproportionately high adverse risks for minority populations, low-
income populations, or other underserved and other disadvantaged 
communities.
    PHMSA submits that the final rule will in fact reduce risks to 
minority populations, low-income populations, or other underserved and 
other disadvantaged communities. Because the HMR amendments could avoid 
the release of hazardous materials, and reduce the frequency of delays 
and returned/resubmitted shipments of hazardous materials resulting 
from conflict between the current HMR and updated international 
standards, the final rule will reduce risks to populations and 
communities--including any minority, low-income, underserved, and other 
disadvantaged populations and communities--in the vicinity of interim 
storage sites and transportation arteries and hubs. Additionally, as 
explained in the above discussion of NEPA, PHMSA expects that these HMR 
amendments will yield modest GHG emissions reductions, thereby reducing 
the risks posed by anthropogenic climate change to minority, low-
income, underserved, and other disadvantaged populations and 
communities.
5. Final Action Alternative
    As explained further in the discussions in each of the No Action 
Alternative above, the preamble, and the RIA, PHMSA finds the changes 
under the Final Action Alternative will maintain the high safety 
standards currently achieved under the HMR. Harmonization of the HMR 
with updated international consensus standards is also expected to 
capture economic efficiencies gained from avoiding shipping delays and 
compliance costs associated with having to comply with divergent U.S. 
and international regulatory regimes for transportation of hazardous 
materials. Further, PHMSA expects revision of the HMR in the final rule 
will accommodate safe transportation of emerging technologies (in 
particular components of lithium battery technologies) and facilitate 
safe shipment of hazardous materials.
    PHMSA expects that the Final Action Alternative could realize 
modest reductions in GHG emissions. Because PHMSA expects that the 
differences between the HMR and international standards for 
transportation of hazardous materials could result in delays or 
interruptions, PHMSA anticipates that the No Action Alternative could 
result in modestly higher GHG emissions from some combination of 
transfer of delayed hazardous materials to and from interim storage, 
return of improperly shipped materials to their point of origin, or 
reshipment of returned materials. The Final Action Alternative avoids 
those risks resulting from divergence of the HMR from updated 
international standards. PHMSA notes, however, that it is unable to 
quantify any GHG emissions benefits because of the difficulty in 
identifying the precise quantity or characteristics of such interim 
storage or returns/re-shipments. Lastly, PHMSA also submits that, as 
explained at greater length in Section IV.J., the Final Action 
Alternative would avoid any delayed or interrupted shipments arising 
from the divergence of the HMR from updated international standards 
under the No Action Alternative that could result in adverse impacts 
for minority populations, low-income populations, or other underserved 
and other disadvantaged communities.
6. Agencies Consulted
    PHMSA has coordinated with FAA, FMCSA, FRA, and USCG in the 
development of this final rule.
7. Finding of No Significant Impact
    PHMSA finds the adoption of the Final Action Alternative's 
regulatory amendments will maintain the HMR's current high level of 
safety for shipments of hazardous materials transported by highway, 
rail, aircraft, and vessel, and as such finds the HMR amendments in the 
final rule will have no significant impact on the human environment. 
PHMSA finds that the Final Action Alternative will avoid adverse 
safety, environmental justice, and GHG emissions impacts of the No 
Action Alternative. Furthermore, based on PHMSA's analysis of these 
provisions described above, PHMSA finds that codification and 
implementation of this rule will not result in a significant impact to 
the human environment. This finding is consistent with Executive Order 
14096 (``Revitalizing Our Nation's Commitment to Environmental Justice 
for All'') \40\ by achieving several goals, including continuing to 
deepen the Biden-Harris Administration's whole of government approach 
to environmental justice and to better protect overburdened communities 
from pollution and environmental harms.
---------------------------------------------------------------------------

    \40\ 88 FR 25251 (April 26, 2023).
---------------------------------------------------------------------------

I. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit and including any personal information that the 
commenter includes, in the system of records notice. DOT's complete 
Privacy Act Statement is in the Federal Register published on April 11, 
2000,\41\ or on DOT's website at http://www.dot.gov/privacy.
---------------------------------------------------------------------------

    \41\ 65 FR 19477 (Apr. 11, 2000).

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[[Page 25468]]

J. Executive Order 13609 and International Trade Analysis

    Executive Order 13609 (``Promoting International Regulatory 
Cooperation'') \42\ requires that agencies consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
---------------------------------------------------------------------------

    \42\ 77 FR 26413 (May. 4, 2012).
---------------------------------------------------------------------------

    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465) (as 
amended, the Trade Agreements Act), prohibits agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to the Trade Agreements Act, the establishment of 
standards is not considered an unnecessary obstacle to the foreign 
commerce of the United States, so long as the standards have a 
legitimate domestic objective--such as providing for safety--and do not 
operate to exclude imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
to protect the safety of the American public, and it has assessed the 
effects of the final rule to ensure that it does not cause unnecessary 
obstacles to foreign trade. In fact, the final rule is expected to 
facilitate international trade by harmonizing U.S. and international 
requirements for the transportation of hazardous materials so as to 
reduce regulatory burdens and minimize delays arising from having to 
comply with divergent regulatory requirements. Accordingly, this 
rulemaking is consistent with Executive Order 13609 and PHMSA's 
obligations under the Trade Agreements Act.

K. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs federal agencies to use voluntary consensus 
standards in their regulatory activities, unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specification of 
materials, test methods, or performance requirements) that are 
developed or adopted by voluntary consensus standard bodies. This 
rulemaking involves multiple voluntary consensus standards, which are 
discussed at length in the discussion on Sec.  171.7. See Section 171.7 
of the Section-by-Section Review for further details.

L. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'') \43\ 
requires federal agencies to prepare a Statement of Energy Effects for 
any ``significant energy action.'' Executive Order 13211 defines a 
``significant energy action'' as any action by an agency (normally 
published in the Federal Register) that promulgates, or is expected to 
lead to the promulgation of, a final rule or regulation that (1)(i) is 
a significant regulatory action under Executive Order 12866 or any 
successor order, and (ii) is likely to have a significant adverse 
effect on the supply, distribution, or use of energy (including a 
shortfall in supply, price increases, and increased use of foreign 
supplies); or (2) is designated by the Administrator of the Office of 
Information and Regulatory Affairs (OIRA) as a significant energy 
action.
---------------------------------------------------------------------------

    \43\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    This final rule is not a significant action under Executive Order 
12866, nor is it expected to have an annual effect on the economy of 
$100 million. Further, this final rule will not have a significant 
adverse effect on the supply, distribution, or use of energy in the 
United States. The Administrator of OIRA has not designated the final 
rule as a significant energy action. For additional discussion of the 
anticipated economic impact of this rulemaking, please review the RIA 
posted in the rulemaking docket.

M. Cybersecurity and Executive Order 14028

    Executive Order 14028 (``Improving the Nation's Cybersecurity'') 
\44\ directed the federal government to improve its efforts to 
identify, deter, and respond to ``persistent and increasingly 
sophisticated malicious cyber campaigns.'' PHMSA has considered the 
effects of the final rule and determined that its regulatory amendments 
will not materially affect the cybersecurity risk profile for 
transportation of hazardous materials.
---------------------------------------------------------------------------

    \44\ 86 FR 26633 (May 17, 2021).
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N. Severability

    The purpose of this final rule is to operate holistically and, in 
concert with existing HMR requirements, provide defense-in-depth to 
ensure safe transportation of hazardous materials. However, PHMSA 
recognizes that certain provisions focus on unique topics. Therefore, 
PHMSA finds that the various provisions of this final rule are 
severable and able to operate functionally if severed from each other. 
In the event a court were to invalidate one or more of the unique 
provisions of this final rule, the remaining provisions should stand, 
thus allowing their continued effect.

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, 
Incorporation by reference, Labeling, Markings, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping requirements.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Incorporation by 
reference, Radioactive materials, Reporting and recordkeeping 
requirements.

49 CFR Part 176

    Cargo vessels, Hazardous materials transportation, Incorporation by 
reference, Maritime carriers, Radioactive materials, Reporting and 
recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and

[[Page 25469]]

containers, Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Incorporation by reference, 
Motor carriers, Motor vehicle safety, Packaging and containers, 
Reporting and recordkeeping requirements.

    In consideration of the foregoing, PHMSA is amending 49 CFR chapter 
I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.


0
2. In Sec.  171.7:
0
a. Revise paragraphs (t)(1), (v)(2), and (w)(32) through (81);
0
b. Add paragraphs (w)(82) through (92); and
0
c. Revise paragraphs (aa)(3) and (dd)(1) through (4).
    The revisions and additions read as follows:


Sec.  171.7  Reference material.

* * * * *
    (t) * * *
    (1) ICAO Doc 9284 Technical Instructions for the Safe Transport of 
Dangerous Goods by Air, 2023-2024 Edition, 2022; into Sec. Sec.  171.8; 
171.22 through 171.24; 172.101; 172.202; 172.401; 172.407; 172.512; 
172.519; 172.602; 173.56; 173.320; 175.10, 175.33; 178.3.
* * * * *
    (v) * * *
    (2) International Maritime Dangerous Goods Code (IMDG Code), 
Incorporating Amendment 41-22 (English Edition), 2022 Edition; 2022; 
into Sec. Sec.  171.22; 171.23; 171.25; 172.101; 172.202; 172.203; 
172.401; 172.407; 172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 
176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 
176.906; 178.3; 178.274.
    (i) Volume 1, Incorporating Amendment 41-22 (Vol. 1).
    (ii) Volume 2, Incorporating Amendment 41-22 (Vol. 2).
    (w) * * *
    (32) ISO 9809-1:2019(E), Gas cylinders--Design, construction and 
testing of refillable seamless steel gas cylinders and tubes--Part 1: 
Quenched and tempered steel cylinders and tubes with tensile strength 
less than 1100 MPa, Third edition, 2019-08; into Sec. Sec.  178.37; 
178.71; 178.75.
    (33) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1 100 MPa., First edition, June 2000; into Sec. Sec.  178.71; 178.75.
    (34) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa., Second edition, 2010-04; into Sec. Sec.  178.71; 178.75.
    (35) ISO 9809-2:2019(E): Gas cylinders--Design, construction and 
testing of refillable seamless steel gas cylinders and tubes--Part 2: 
Quenched and tempered steel cylinders and tubes with tensile strength 
greater than or equal to 1100 MPa, Third edition, 2019-08; into 
Sec. Sec.  178.71; 178.75.
    (36) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 3: Normalized 
steel cylinders, First edition, December 2000; into Sec. Sec.  178.71; 
178.75.
    (37) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 3: Normalized 
steel cylinders, Second edition, 2010-04; into Sec. Sec.  178.71; 
178.75.
    (38) ISO 9809-3:2019(E), Gas cylinders--Design, construction and 
testing of refillable seamless steel gas cylinders and tubes--Part 3: 
Normalized steel cylinders and tubes, Third edition, 2019-08; into 
Sec. Sec.  178.71; 178.75
    (39) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction, and testing--Part 4: Stainless 
steel cylinders with an Rm value of less than 1 100 MPa, First edition, 
2014-07; into Sec. Sec.  178.71; 178.75.
    (40) ISO 9978:1992(E), Radiation protection--Sealed radioactive 
sources--Leakage test methods. First edition, (February 15, 1992); into 
Sec.  173.469.
    (41) ISO 10156:2017(E), Gas cylinders--Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection 
of cylinder valve outlets, Fourth edition, 2017-07; into Sec.  173.115.
    (42) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder 
valves--Specification and type testing, First edition, 1995-05; into 
Sec. Sec.  173.301b; 178.71.
    (43) ISO 10297:2006(E), Transportable gas cylinders--Cylinder 
valves--Specification and type testing, Second edition, 2006-01; into 
Sec. Sec.  173.301b; 178.71.
    (44) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third edition, 2014-07; into Sec. Sec.  
173.301b; 178.71.
    (45) ISO 10297:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Specification and type testing--Amendment 1: Pressure drums and tubes, 
Third edition, 2017-03; into Sec. Sec.  173.301b; 178.71.
    (46) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas 
cylinders--Periodic inspection and testing, Second Edition, 2005-02 and 
Amendment 1, 2006-07; into Sec.  180.207.
    (47) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12-15; into 
Sec.  180.207.
    (48) ISO 10462:2013/Amd 1:2019(E), ``Gas cylinders--Acetylene 
cylinders--Periodic inspection and maintenance, Third edition, 2013-12-
15, Amendment 1, 2019-06; into Sec.  180.207.
    (49) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve 
connections for use in the micro-electronics industry--Part 2: 
Specification and type testing for valve to cylinder connections, First 
edition, 2001-08; into Sec. Sec.  173.40; 173.302c.
    (50) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 1: Metallic materials, 
Second edition, 2012-03; into Sec. Sec.  172.102; 173.301b; 178.71.
    (51) ISO 11114-1:2012/Amd 1:2017(E), Gas cylinders--Compatibility 
of cylinder and valve materials with gas contents--Part 1: Metallic 
materials--Amendment 1, Second edition, 2017-01; into Sec. Sec.  
172.102, 173.301b, 178.71.
    (52) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 2: Non-metallic materials, 
Second edition, 2013-04; into Sec. Sec.  173.301b; 178.71.
    (53) ISO 11117:1998(E): Gas cylinders--Valve protection caps and 
valve guards for industrial and medical gas cylinders--Design, 
construction, and tests, First edition, 1998-08-01; into Sec.  
173.301b.
    (54) ISO 11117:2008(E): Gas cylinders--Valve protection caps and 
valve guards--Design, construction, and tests, Second edition, 2008-09; 
into Sec.  173.301b.
    (55) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection 
caps and valve guards--Design, construction, and tests, Technical 
Corrigendum 1, 2009-05; into Sec.  173.301b.
    (56) ISO 11117:2019(E), ``Gas cylinders--Valve protection caps and

[[Page 25470]]

guards--Design, construction and tests, 2019-11; into Sec.  173.301b
    (57) ISO 11118(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, First edition, October 1999; 
into Sec.  178.71.
    (58) ISO 11118:2015(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, Second edition, 2015-09; 
into Sec. Sec.  173.301b; 178.71.
    (59) ISO 11118:2015/Amd 1:2019(E), Gas cylinders--Non-refillable 
metallic gas cylinders--Specification and test methods, Second edition, 
2015-09-15--Amendment 1, 2019-10; into Sec. Sec.  173.301b; 178.71.
    (60) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 1: Hoop-wrapped 
composite gas cylinders, First edition, May 2002, into Sec.  178.71.
    (61) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction, and testing--Part 1: Hoop 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 L, 
Second edition, 2012-08; into Sec. Sec.  178.71; 178.75.
    (62) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 2: Fully wrapped 
fibre reinforced composite gas cylinders with load-sharing metal 
liners, First edition, May 2002; into Sec.  178.71.
    (63) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction, and testing--Part 2: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with load-sharing metal liners, Second edition, 2012-07; into 
Sec. Sec.  178.71; 178.75.
    (64) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable 
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and 
tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014-08; 
into Sec. Sec.  178.71; 178.75.
    (65) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load-sharing metallic or non-metallic 
liners, First edition, September 2002; into Sec.  178.71.
    (66) ISO 11119-3:2013(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 3: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with non-load-sharing metallic or non-metallic liners, Second edition, 
2013-04; into Sec. Sec.  178.71; 178.75.
    (67) ISO 11119-4:2016(E), Gas cylinders--Refillable composite gas 
cylinders--Design, construction, and testing--Part 4: Fully wrapped 
fibre reinforced composite gas cylinders up to 150 l with load-sharing 
welded metallic liners, First edition, 2016-02; into Sec.  178.71; 
178.75.
    (68) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes 
of water capacity between 150 l and 3000 l--Design, construction, and 
testing, First Edition, 1999-03; into Sec. Sec.  178.71; 178.75.
    (69) ISO 11120:2015(E), Gas cylinders--Refillable seamless steel 
tubes of water capacity between 150 l and 3000 l--Design, construction, 
and testing, Second edition, 2015-02; into Sec. Sec.  178.71; 178.75.
    (70) ISO 11513:2011(E), Gas cylinders--Refillable welded steel 
cylinders containing materials for sub-atmospheric gas packaging 
(excluding acetylene)--Design, construction, testing, use, and periodic 
inspection, First edition, 2011-09; into Sec. Sec.  173.302c; 178.71; 
180.207.
    (71) ISO 11513:2019(E), Gas cylinders--Refillable welded steel 
cylinders containing materials for sub-atmospheric gas packaging 
(excluding acetylene)--Design, construction, testing, use, and periodic 
inspection, Second edition, 2019-09; into Sec. Sec.  173.302c; 178.71; 
180.207.
    (72) ISO 11621(E), Gas cylinders--Procedures for change of gas 
service, First edition, April 1997; into Sec. Sec.  173.302, 173.336, 
173.337.
    (73) ISO 11623(E), Transportable gas cylinders--Periodic inspection 
and testing of composite gas cylinders, First edition, March 2002; into 
Sec.  180.207.
    (74) ISO 11623:2015(E), Gas cylinders--Composite construction--
Periodic inspection and testing, Second edition, 2015-12; into Sec.  
180.207.
    (75) ISO 13340:2001(E), Transportable gas cylinders--Cylinder 
valves for non-refillable cylinders--Specification and prototype 
testing, First edition, 2004-04; into Sec.  178.71.
    (76) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09; into Sec.  173.120.
    (77) ISO 14246:2014(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examination, Second Edition, 2014-06; into 
Sec.  178.71.
    (78) ISO 14246:2014/Amd 1:2017(E), Gas cylinders--Cylinder valves--
Manufacturing tests and examinations--Amendment 1, Second edition, 
2017-06; into Sec.  178.71.
    (79) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride, First edition, 2008-11; into 
Sec. Sec.  173.301b; 173.311; 178.71.
    (80) ISO 16111:2018(E), Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride, Second edition, 2018-08; into 
Sec. Sec.  173.301b; 173.311; 178.71.
    (81) ISO 16148:2016(E), Gas cylinders--Refillable seamless steel 
gas cylinders and tubes--Acoustic emission examination (AT) and follow-
up ultrasonic examination (UT) for periodic inspection and testing, 
Second edition, 2016-04; into Sec.  180.207.
    (82) ISO 17871:2015(E), Gas cylinders--Quick-release cylinder 
valves--Specification and type testing, First edition, 2015-08; into 
Sec.  173.301b.
    (83) ISO 17871:2020(E), Gas cylinders--Quick-release cylinder 
valves--Specification and type testing, Second edition, 2020-07; into 
Sec.  173.301b.
    (84) ISO 17879:2017(E), Gas cylinders--Self-closing cylinder 
valves--Specification and type testing, First edition, 2017-07; into 
Sec. Sec.  173.301b; 178.71.
    (85) ISO 18172-1:2007(E), Gas cylinders--Refillable welded 
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First 
Edition, 2007-03-01; into Sec.  178.71.
    (86) ISO 20475:2018(E), Gas cylinders--Cylinder bundles--Periodic 
inspection and testing, First edition, 2018-02; into Sec.  180.207.
    (87) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction, and testing, First Edition, 
2006-05; into Sec.  178.71.
    (88) ISO 21172-1:2015(E), Gas cylinders--Welded steel pressure 
drums up to 3,000 litres capacity for the transport of gases--Design 
and construction--Part 1: Capacities up to 1000 litres, First edition, 
2015-04; into Sec.  178.71.
    (89) ISO 21172-1:2015/Amd 1:2018(E), Gas cylinders--Welded steel 
pressure drums up to 3000 litres capacity for the transport of gases--
Design and construction--Part 1: Capacities up to 1000 litres, First 
edition, 2015-04-01, Amendment 1,2018-11; into Sec.  178.71.
    (90) ISO 22434:2006(E), Transportable gas cylinders--Inspection and 
maintenance of cylinder valves, First edition, 2006-09; into Sec.  
180.207.
    (91) ISO 23088:2020, Gas cylinders--Periodic inspection and testing 
of welded steel pressure drums--Capacities up to 1000 l, First edition, 
2020-02; into Sec.  180.207.

[[Page 25471]]

    (92) ISO/TR 11364:2012(E), Gas cylinders--Compilation of national 
and international valve stem/gas cylinder neck threads and their 
identification and marking system, First edition, 2012-12; into Sec.  
178.71.
* * * * *
    (aa) * * *
    (3) Test No. 439: In Vitro Skin Irritation: Reconstructed Human 
Epidermis (RHE) Test Method, OECD Guidelines for the Testing of 
Chemicals, 29 July 2015; into Sec.  173.137.
* * * * *
    (dd) * * *
    (1) UN Recommendations on the Transport of Dangerous Goods, Model 
Regulations (UN Recommendations), 22nd revised edition, (2021); into 
Sec. Sec.  171.8; 171.12; 172.202; 172.401; 172.407; 172.502; 172.519; 
173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b; 
178.75; 178.274 as follows:
    (i) Volume I, ST/SG/AC.10/1/Rev.22 (Vol. I).
    (ii) Volume II, ST/SG/AC.10/1/Rev.22 (Vol. II).
    (2) Manual of Tests and Criteria; into Sec. Sec.  171.24, 172.102; 
173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 
173.127; 173.128; 173.137; 173.185; 173.220; 173.221; 173.224; 173.225; 
173.232; part 173, appendix H; 175.10; 176.905; 178.274 as follows:
    (i) Seventh revised edition (2019).
    (ii) Seventh Revised Edition, Amendment 1 (2021).
    (3) Globally Harmonized System of Classification and Labelling of 
Chemicals (GHS), 9th Revised Edition, ST/SG/AC.10/30/Rev.9 (2021); into 
Sec.  172.401.
    (4) Agreement concerning the International Carriage of Dangerous 
Goods by Road (ADR), copyright 2020; into Sec. Sec.  171.8; 171.23 as 
follows:
    (i) Volume I, ECE/TRANS/300 (Vol. I).
    (ii) Volume II, ECE/TRANS/300 (Vol. II).
    (iii) Corrigendum, ECE/TRANS/300 (Corr. 1).
* * * * *

0
3. In Sec.  171.12, revise paragraph (a)(4)(iii) to read as follows:


Sec.  171.12  North American Shipments.

* * * * *
    (a) * * *
    (4) * * *
    (iii) Authorized CRC, BTC, CTC, or TC specification cylinders that 
correspond with a DOT specification cylinder are as follows:

                     Table 1 to Paragraph (a)(4)(iii): Corresponding Specification Cylinders
----------------------------------------------------------------------------------------------------------------
                                             DOT (some or all of these            CTC (some or all of these
                  TC                       specifications may instead be        specifications may instead be
                                            marked with the prefix ICC)       marked with the prefix BTC or CRC)
----------------------------------------------------------------------------------------------------------------
TC-3AM................................                           DOT-3A [ICC-3]                                CTC-3A
TC-3AAM...............................                             DOT-3AA                                     CTC-3AA
TC-3ANM...............................                             DOT-3BN                                     CTC-3BN
TC-3EM................................                              DOT-3E                                     CTC-3E
TC-3HTM...............................                             DOT-3HT                                     CTC-3HT
TC-3ALM...............................                             DOT-3AL                                     CTC-3AL
                                                                    DOT-3B                                     CTC-3B
TC-3AXM...............................                             DOT-3AX                                     CTC-3AX
TC-3AAXM..............................                            DOT-3AAX                                     CTC-3AAX
                                                                DOT-3A480X                                     CTC-3A480X
TC-3TM................................                              DOT-3T   ...................................
TC-4AAM33.............................                          DOT-4AA480                                     CTC-4AA480
TC-4BM................................                              DOT-4B                                     CTC-4B
TC-4BM17ET............................                         DOT-4B240ET                                     CTC-4B240ET
TC-4BAM...............................                             DOT-4BA                                     CTC-4BA
TC-4BWM...............................                             DOT-4BW                                     CTC-4BW
TC-4DM................................                              DOT-4D                                     CTC-4D
TC-4DAM...............................                             DOT-4DA                                     CTC-4DA
TC-4DSM...............................                             DOT-4DS                                     CTC-4DS
TC-4EM................................                              DOT-4E                                     CTC-4E
TC-39M................................                              DOT-39                                     CTC-39
TC-4LM................................                              DOT-4L                                     CTC-4L
TC-8WM................................                               DOT-8                                     CTC-8
TC-8WAM...............................                             DOT-8AL                                     CTC-8AL
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. In Sec.  171.23, revise paragraph (a)(3) to read as follows:


Sec.  171.23  Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

    (a) * * *
    (3) Pi-marked cylinders. Cylinders with a water capacity not 
exceeding 150 L and that are marked with a pi mark, in accordance with 
the European Directive 2010/35/EU (IBR, see Sec.  171.7), on 
transportable pressure equipment (TPED), and that comply with the 
requirements of Packing Instruction P200 or P208, and 6.2 of the 
Agreement Concerning the International Carriage of Dangerous Goods by 
Road (ADR) (IBR, see Sec.  171.7), concerning pressure relief device 
use, test period, filling ratios, test pressure, maximum working 
pressure, and material compatibility for the lading contained or gas 
being filled, are authorized as follows:
    (i) Filled cylinders imported for intermediate storage, transport 
to point of use, discharge, and export without further filling; and
    (ii) Cylinders imported or domestically sourced for the purpose of 
filling, intermediate storage, and export.
    (iii) The bill of lading or other shipping paper must identify the 
cylinder and include the following certification: ``This cylinder 
(These cylinders) conform(s) to the requirements for pi-marked 
cylinders found in Sec.  171.23(a)(3).''
* * * * *

0
5. In Sec.  171.25:
0
a. Revise paragraphs (c)(3) and (4); and
0
b. Add paragraph (c)(5).

[[Page 25472]]

    To read as follows:


Sec.  171.25  Additional requirements for the use of the IMDG Code.

* * * * *
    (c) * * *
    (3) Except as specified in this subpart, for a material poisonous 
(toxic) by inhalation, the T Codes specified in Column 13 of the 
Dangerous Goods List in the IMDG Code may be applied to the 
transportation of those materials in IM, IMO, and DOT Specification 51 
portable tanks, when these portable tanks are authorized in accordance 
with the requirements of this subchapter;
    (4) No person may offer an IM or UN portable tank containing liquid 
hazardous materials of Class 3, PG I or II, or PG III with a flash 
point less than 100 [deg]F (38 [deg]C); Division 5.1, PG I or II; or 
Division 6.1, PG I or II, for unloading while it remains on a transport 
vehicle with the motive power unit attached, unless it conforms to the 
requirements in Sec.  177.834(o) of this subchapter; and
    (5) No person may offer a UN fiber-reinforced plastic portable tank 
meeting the provisions of Chapter 6.10 of the IMDG Code (IBR, see Sec.  
171.7), except for transportation falling within the single port area 
criteria in paragraph (d) of this section.
* * * * *

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

0
6. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.


0
7. In Sec.  172.101:
0
a. Revise the section heading and paragraph (c)(12)(ii); and
0
b. In the Hazardous Materials Table, remove the entries under 
``[REMOVE]'', add the entries under ``[ADD]'', and revise entries under 
``[REVISE]'' in the appropriate alphabetical sequence.
    The additions and revisions read as follows:


Sec.  172.101  Purpose and use of the hazardous materials table.

* * * * *
    (c) * * *
    (12) * * *
    (ii) Generic or n.o.s. descriptions. If an appropriate technical 
name is not shown in the Table, selection of a proper shipping name 
shall be made from the generic or n.o.s. descriptions corresponding to 
the specific hazard class, packing group, hazard zone, or subsidiary 
hazard, if any, for the material. The name that most appropriately 
describes the material shall be used, e.g., an alcohol not listed by 
its technical name in the Table shall be described as ``Alcohol, 
n.o.s.'' rather than ``Flammable liquid, n.o.s.'' Some mixtures may be 
more appropriately described according to their application, such as 
``Coating solution'' or ``Extracts, liquid, for flavor or aroma,'' 
rather than by an n.o.s. entry, such as ``Flammable liquid, n.o.s.'' It 
should be noted, however, that an n.o.s. description as a proper 
shipping name may not provide sufficient information for shipping 
papers and package markings. Under the provisions of subparts C and D 
of this part, the technical name of one or more constituents that makes 
the product a hazardous material may be required in association with 
the proper shipping name.
* * * * *


Sec.  172.101  Hazardous Materials Table

BILLING CODE 4910-60-P

[[Page 25473]]

[GRAPHIC] [TIFF OMITTED] TR10AP24.010


[[Page 25474]]


[GRAPHIC] [TIFF OMITTED] TR10AP24.011


[[Page 25475]]


[GRAPHIC] [TIFF OMITTED] TR10AP24.012

[GRAPHIC] [TIFF OMITTED] TR10AP24.013

BILLING CODE 4910-60-C
* * * * *

0
8. In Sec.  172.102:
    In paragraph (c)(1):
0
a. Revise special provisions 78, 156, and 387;
0
b. Add special provisions 396 and 398;
0
c. Remove and reserve special provision 421.
    In paragraph (c)(2):
0
d. Revise special provision A54; and
0
e. Add special provisions A224 and A225.
    In paragraph (c)(4):
0
f. In Table 2--IP Codes, revise special provision IP15 and add special 
provision IP22 in numerical order.
    The additions and revisions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    78 Mixtures of nitrogen and oxygen containing not less than 19.5% 
and not more than 23.5% oxygen by volume may be transported under this 
entry when no other oxidizing gases are present. A Division 5.1 
subsidiary hazard label is not required for any concentrations within 
this limit. Compressed air containing greater than 23.5% oxygen by 
volume must be shipped using the description

[[Page 25476]]

``Compressed gas, oxidizing, n.o.s., UN3156.''
* * * * *
    156 Asbestos that is immersed or fixed in a natural or artificial 
binder material, such as cement, plastic, asphalt, resins, or mineral 
ore, or contained in manufactured products, is not subject to the 
requirements of this subchapter, except that when transported by air, 
an indication of compliance with this special provision must be 
provided by including the words ``not restricted'' on a shipping paper, 
such as an air waybill accompanying the shipment.
* * * * *
    387 When materials are stabilized by temperature control, the 
provisions of Sec.  173.21(f) of this subchapter apply. When chemical 
stabilization is employed, the person offering the material for 
transport shall ensure that the level of stabilization is sufficient to 
prevent the material as packaged from dangerous polymerization at 50 
[deg]C (122 [deg]F). If chemical stabilization becomes ineffective at 
lower temperatures within the anticipated duration of transport, 
temperature control is required in which case transportation is 
forbidden by aircraft. In making this determination factors to be taken 
into consideration include, but are not limited to, the capacity and 
geometry of the packaging and the effect of any insulation present; the 
temperature of the material when offered for transport; the duration of 
the journey and the ambient temperature conditions typically 
encountered in the journey (considering also the season of year); the 
effectiveness and other properties of the stabilizer employed; 
applicable operational controls imposed by regulation (e.g., 
requirements to protect from sources of heat, including other cargo 
carried at a temperature above ambient); and any other relevant 
factors.
* * * * *
    396 Large and robust articles may be transported with connected gas 
cylinders with the valves open regardless of Sec.  173.24(b)(1), 
provided:
    a. The gas cylinders contain nitrogen of UN 1066 or compressed gas 
of UN 1956 or compressed air of UN1002;
    b. The gas cylinders are connected to the article through pressure 
regulators and fixed piping in such a way that the pressure of the gas 
(gauge pressure) in the article does not exceed 35 kPa (0.35 bar);
    c. The gas cylinders are properly secured so that they cannot shift 
in relation to the article and are fitted with strong and pressure 
resistant hoses and pipes;
    d. The gas cylinders, pressure regulators, piping, and other 
components are protected from damage and impacts during transport by 
wooden crates or other suitable means;
    e. The shipping paper must include the following statement: 
``Transport in accordance with special provision 396''; and
    f. Cargo transport units containing articles transported with 
cylinders with open valves containing a gas presenting a risk of 
asphyxiation are well ventilated.
    398 This entry applies to 1-butylene, cis-2-butylene and trans-2-
butylene, and mixtures of butylenes. For isobutylene, see UN 1055.
* * * * *
    421 [Reserved]
* * * * *
    (2) * * *
    A54 Irrespective of the quantity limits in Column 9B of the Sec.  
172.101 table, a lithium battery, including a lithium battery packed 
with, or contained in, equipment that otherwise meets the applicable 
requirements of Sec.  173.185, may have a mass exceeding 35 kg if 
approved by the Associate Administrator prior to shipment. When 
approved by the Associate Administrator and shipped in accordance with 
this special provision, the special provision must be noted on the 
shipping paper.
* * * * *
    A224 UN3548, Articles containing miscellaneous dangerous goods, 
n.o.s. may be transported on passenger and cargo-only aircraft, 
irrespective of the indication of ``forbidden'' in Columns (9A) and 
(9B) of the Hazardous Materials Table, provided: (a) with the exception 
of lithium cells or batteries that comply with Sec.  173.185(c), as 
applicable, the only hazardous materials contained in the article is an 
environmentally hazardous substance; (b) the articles are packed in 
accordance with Sec.  173.232; and (c) reference to Special Provision 
A224 is made on the shipping paper.
    A225 UN3538, Articles containing non-flammable, non-toxic gas, 
n.o.s. may be transported on passenger and cargo-only aircraft 
irrespective of the indication of ``forbidden'' in Columns (9A) and 
(9B) of the Hazardous Materials Table, provided: (a) with the exception 
of lithium cells or batteries that comply with Sec.  173.185(c), as 
applicable, the only dangerous good contained in the article is a 
Division 2.2 gas without a subsidiary hazard, but excluding 
refrigerated liquefied gases and gases forbidden for transport on 
passenger aircraft; (b) the articles are packed in accordance with 
Sec.  173.232(h); and (c) reference to Special Provision A225 is made 
on the shipping paper.
* * * * *
    (4) * * *
    IP15 For UN2031 with more than 55% nitric acid, the permitted use 
of rigid plastic IBCs, and the inner receptacle of composite IBCs with 
rigid plastics, shall be two years from their date of manufacture.
* * * * *
    IP22 UN3550 may be transported in flexible IBCs (13H3 or 13H4) with 
sift-proof liners to prevent any egress of dust during transport.
* * * * *

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

0
9. The authority citation for part 173 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.


0
10. In Sec.  173.4b, revise paragraph (b)(1) to read as follows:


Sec.  173.4b  De minimis exceptions.

* * * * *
    (b) * * *
    (1) The specimens are:
    (i) Wrapped in a paper towel or cheesecloth moistened with alcohol, 
an alcohol solution, or a formaldehyde solution and placed in a plastic 
bag that is heat-sealed. Any free liquid in the bag must not exceed 30 
mL; or
    (ii) Placed in vials or other rigid containers with no more than 30 
mL of alcohol, an alcohol solution, or a formaldehyde solution. The 
containers are placed in a plastic bag that is heat-sealed;
* * * * *

0
11. In Sec.  173.21, revise paragraphs (f) introductory text, (f)(1), 
and (f)(2) to read as follows:


Sec.  173.21  Forbidden materials and packages.

* * * * *
    (f) A package containing a material which is likely to decompose 
with a self-accelerated decomposition temperature (SADT) or polymerize 
with a self-accelerated polymerization temperature (SAPT) of 50 [deg]C 
(122 [deg]F) or less, or 45 [deg]C (113 [deg]F) or less when offered 
for transportation in portable tanks, with an evolution of a dangerous 
quantity of heat or gas when decomposing or polymerizing, unless the 
material is stabilized or inhibited in a manner to preclude such 
evolution.

[[Page 25477]]

For organic peroxides, see paragraph (f)(2) of this section. The SADT 
and SAPT may be determined by any of the test methods described in Part 
II of the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter).
    (1) A package meeting the criteria of paragraph (f) of this section 
may be required to be shipped under controlled temperature conditions. 
The control temperature and emergency temperature for a package shall 
be as specified in Table 1 in this paragraph based upon the SADT or 
SAPT of the material. The control temperature is the temperature above 
which a package of the material may not be offered for transportation 
or transported. The emergency temperature is the temperature at which, 
due to imminent danger, emergency measures must be initiated.

                  Table 1 to Paragraph (f)(1)--Derivation of Control and Emergency Temperature
----------------------------------------------------------------------------------------------------------------
          Type of receptacle                SADT/SAPT \1\         Control temperatures    Emergency temperature
----------------------------------------------------------------------------------------------------------------
Single packagings and IBCs...........  SADT/SAPT <=20 [deg]C    20 [deg]C (36 [deg]F)    10 [deg]C (18 [deg]F)
                                        (68 [deg]F).             below SADT/SAPT.         below SADT/SAPT.
Single packagings and IBCs...........  20 [deg]C (68 [deg]F)    15 [deg]C (27 [deg]F)    10 [deg]C (18 [deg]F)
                                        =88 + <=12...........................        OP8             -10               0  .......
 +Diisopropylperoxydicarbonate.
2,5-Dimethoxy-4-(4-                                     3236  79....................................        OP7             +40             +45  .......
 methylphenylsulphony)benzenediazonium zinc
 chloride.
4-Dimethylamino-6-(2-                                   3236  100...................................        OP7             +40             +45  .......
 dimethylaminoethoxy)toluene-2-diazonium
 zinc chloride.
4-(Dimethylamino)-benzenediazonium                      3228  100...................................        OP8  ..............  ..............  .......
 trichlorozincate (-1).
N,N'-Dinitroso-N, N'-dimethyl-                          3224  72....................................        OP6  ..............  ..............  .......
 terephthalamide, as a paste.
N,N'-Dinitrosopentamethylenetetramine.......            3224  82....................................        OP6  ..............  ..............        2
Diphenyloxide-4,4'-disulphohydrazide........            3226  100...................................        OP7  ..............  ..............  .......
Diphenyloxide-4,4'-disulphonylhydrazide.....            3226  100...................................        OP7  ..............  ..............  .......
4-Dipropylaminobenzenediazonium zinc                    3226  100...................................        OP7  ..............  ..............  .......
 chloride.
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy-            3236  63-92.................................        OP7             +40             +45  .......
 4-(N-methyl-N-
 cyclohexylamino)benzenediazonium zinc
 chloride.
2-(N,N-Ethoxycarbonylphenylamino)-3-methoxy-            3236  62....................................        OP7             +35             +40  .......
 4-(N-methyl-N-
 cyclohexylamino)benzenediazonium zinc
 chloride.
N-Formyl-2-(nitromethylene)-1,3-                        3236  100...................................        OP7             +45             +50  .......
 perhydrothiazine.
2-(2-Hydroxyethoxy)-1-(pyrrolidin-1-                    3236  100...................................        OP7             +45             +50  .......
 yl)benzene-4-diazonium zinc chloride.
3-(2-Hydroxyethoxy)-4-(pyrrolidin-1-                    3236  100...................................        OP7             +40             +45  .......
 yl)benzenediazonium zinc chloride.
7-Methoxy-5-methyl-benzothiophen-2-yl                   3230  88-100................................  .........  ..............  ..............        6
 boronic acid''.
2-(N,N-Methylaminoethylcarbonyl)-4-(3,4-                3236  96....................................        OP7             +45             +50  .......
 dimethyl-phenylsulphonyl) benzenediazonium
 hydrogen sulphate.
4-Methylbenzenesulphonylhydrazide...........            3226  100...................................        OP7  ..............  ..............  .......
3-Methyl-4-(pyrrolidin-1-yl)benzenediazonium            3234  95....................................        OP6             +45             +50  .......
 tetrafluoroborate.
4-Nitrosophenol.............................            3236  100...................................        OP7             +35             +40  .......
Phosphorothioic acid, O-[(cyanophenyl                   3227  82-91 (Z isomer)......................        OP8  ..............  ..............        5
 methylene) azanyl] O,O-diethyl ester.
Self-reactive liquid, sample................            3223  ......................................        OP2  ..............  ..............        3
Self-reactive liquid, sample, temperature               3233  ......................................        OP2  ..............  ..............        3
 control.
Self-reactive solid, sample.................            3224  ......................................        OP2  ..............  ..............        3
Self-reactive solid, sample, temperature                3234  ......................................        OP2  ..............  ..............        3
 control.
Sodium 2-diazo-1-naphthol-4-sulphonate......            3226  100...................................        OP7  ..............  ..............  .......
Sodium 2-diazo-1-naphthol-5-sulphonate......            3226  100...................................        OP7  ..............  ..............  .......
Tetramine palladium (II) nitrate............            3234  100...................................        OP6             +30             +35  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. The emergency and control temperatures must be determined in accordance with Sec.   173.21(f).
2. With a compatible diluent having a boiling point of not less than 150 [deg]C.
3. Samples may only be offered for transportation under the provisions of paragraph (c)(3) of this section.
4. This entry applies to mixtures of esters of 2-diazo-1-naphthol-4-sulphonic acid and 2-diazo-1-naphthol-5-sulphonic acid.
5. This entry applies to the technical mixture in n-butanol within the specified concentration limits of the (Z) isomer.
6. The technical compound with the specified concentration limits may contain up to 12% water and up to 1% organic impurities.

* * * * *

0
19. In Sec.  173.225:
0
a. Revise table 1 to paragraph (c);
0
b. Designate the tables immediately following paragraph (d) and 
immediately following paragraph (g) as table 2 to paragraph (d) and 
table 4 to paragraph (g), respectively; and
0
c. Revise newly designated table 4 to paragraph (g).


Sec.  173.225  Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (c) * * *

                                                    Table 1 to Paragraph (c)--Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Diluent  (mass %)                             Temperature
                                                                          ------------------------   Water    Packing        ([deg]C)
           Technical name             ID No.     Concentration (mass %)                            (mass %)   method  ----------------------    Notes
                                                                              A       B       I                         Control   Emergency
(1)                                       (2)  (3).......................    (4a)    (4b)    (4c)       (5)       (6)      (7a)        (7b)          (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetyl acetone peroxide............    UN3105  <=42......................    >=48  ......  ......       >=8       OP7  ........  ..........            2
Acetyl acetone peroxide............    UN3107  <=35......................  ......  ......  ......       >=8       OP8  ........  ..........           32
Acetyl acetone peroxide [as a          UN3106  <=32......................  ......  ......  ......  ........       OP7  ........  ..........           21
 paste].
Acetyl cyclohexanesulfonyl peroxide    UN3112  <=82......................  ......  ......  ......      >=12       OP4       -10           0  ...........
Acetyl cyclohexanesulfonyl peroxide    UN3115  <=32......................  ......    >=68  ......  ........       OP7       -10           0  ...........
tert-Amyl hydroperoxide............    UN3107  <=88......................     >=6  ......  ......       >=6       OP8  ........  ..........  ...........
tert-Amyl peroxyacetate............    UN3105  <=62......................    >=38  ......  ......  ........       OP7  ........  ..........  ...........
tert-Amyl peroxybenzoate...........    UN3103  <=100.....................  ......  ......  ......  ........       OP5  ........  ..........  ...........
tert-Amyl peroxy-2-ethylhexanoate..    UN3115  <=100.....................  ......  ......  ......  ........       OP7        20          25  ...........
tert-Amyl peroxy-2-ethylhexyl          UN3105  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 carbonate.
tert-Amyl peroxy isopropyl             UN3103  <=77......................    >=23  ......  ......  ........       OP5  ........  ..........  ...........
 carbonate.
tert-Amyl peroxyneodecanoate.......    UN3115  <=77......................  ......    >=23  ......  ........       OP7         0          10  ...........
tert-Amyl peroxyneodecanoate.......    UN3119  <=47......................    >=53  ......  ......  ........       OP8         0          10  ...........

[[Page 25482]]

 
tert-Amyl peroxypivalate...........    UN3113  <=77......................  ......    >=23  ......  ........       OP5        10          15  ...........
tert-Amyl peroxypivalate...........    UN3119  <=32......................    >=68  ......  ......  ........       OP8        10          15  ...........
tert-Amyl peroxy-3,5,5-                UN3105  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 trimethylhexanoate.
tert-Butyl cumyl peroxide..........    UN3109  >42-100...................  ......  ......  ......  ........       OP8  ........  ..........            9
tert-Butyl cumyl peroxide..........    UN3108  <=52......................  ......  ......    >=48  ........       OP8  ........  ..........            9
n-Butyl-4,4-di-(tert-                  UN3103  >52-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxy)valerate.
n-Butyl-4,4-di-(tert-                  UN3108  <=52......................  ......  ......    >=48  ........       OP8  ........  ..........  ...........
 butylperoxy)valerate.
tert-Butyl hydroperoxide...........    UN3103  >79-90....................  ......  ......  ......      >=10       OP5  ........  ..........           13
tert-Butyl hydroperoxide...........    UN3105  <=80......................    >=20  ......  ......  ........       OP7  ........  ..........        4, 13
tert-Butyl hydroperoxide...........    UN3107  <=79......................  ......  ......  ......       >14       OP8  ........  ..........       13, 16
tert-Butyl hydroperoxide...........    UN3109  <=72......................  ......  ......  ......      >=28       OP8  ........  ..........           13
tert-Butyl hydroperoxide [and] Di-     UN3103  <82 + >9..................  ......  ......  ......       >=7       OP5  ........  ..........           13
 tert-butylperoxide.
tert-Butyl monoperoxymaleate.......    UN3102  >52-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
tert-Butyl monoperoxymaleate.......    UN3103  <=52......................    >=48  ......  ......  ........       OP6  ........  ..........  ...........
tert-Butyl monoperoxymaleate.......    UN3108  <=52......................  ......  ......    >=48  ........       OP8  ........  ..........  ...........
tert-Butyl monoperoxymaleate [as a     UN3108  <=52......................  ......  ......  ......  ........       OP8  ........  ..........  ...........
 paste].
tert-Butyl peroxyacetate...........    UN3101  >52-77....................    >=23  ......  ......  ........       OP5  ........  ..........  ...........
tert-Butyl peroxyacetate...........    UN3103  >32-52....................    >=48  ......  ......  ........       OP6  ........  ..........  ...........
tert-Butyl peroxyacetate...........    UN3109  <=32......................  ......    >=68  ......  ........       OP8  ........  ..........  ...........
tert-Butyl peroxybenzoate..........    UN3103  >77-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
tert-Butyl peroxybenzoate..........    UN3105  >52-77....................    >=23  ......  ......  ........       OP7  ........  ..........            1
tert-Butyl peroxybenzoate..........    UN3106  <=52......................  ......  ......    >=48  ........       OP7  ........  ..........  ...........
tert-Butyl peroxybenzoate..........    UN3109  <=32......................    >=68  ......  ......  ........       OP8  ........  ..........  ...........
tert-Butyl peroxybutyl fumarate....    UN3105  <=52......................    >=48  ......  ......  ........       OP7  ........  ..........  ...........
tert-Butyl peroxycrotonate.........    UN3105  <=77......................    >=23  ......  ......  ........       OP7  ........  ..........  ...........
tert-Butyl peroxydiethylacetate....    UN3113  <=100.....................  ......  ......  ......  ........       OP5        20          25  ...........
tert-Butyl peroxy-2-ethylhexanoate.    UN3113  >52-100...................  ......  ......  ......  ........       OP6        20          25  ...........
tert-Butyl peroxy-2-ethylhexanoate.    UN3117  >32-52....................  ......    >=48  ......  ........       OP8        30          35  ...........
tert-Butyl peroxy-2-ethylhexanoate.    UN3118  <=52......................  ......  ......    >=48  ........       OP8        20          25  ...........
tert-Butyl peroxy-2-ethylhexanoate.    UN3119  <=32......................  ......    >=68  ......  ........       OP8        40          45  ...........
tert-Butyl peroxy-2-ethylhexanoate     UN3106  <=12 + <=14...............    >=14  ......    >=60  ........       OP7  ........  ..........  ...........
 [and] 2,2-di-(tert-
 Butylperoxy)butane.
tert-Butyl peroxy-2-ethylhexanoate     UN3115  <=31 + <=36...............  ......    >=33  ......  ........       OP7        35          40  ...........
 [and] 2,2-di-(tert-
 Butylperoxy)butane.
tert-Butyl peroxy-2-                   UN3105  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 ethylhexylcarbonate.
tert-Butyl peroxyisobutyrate.......    UN3111  >52-77....................  ......    >=23  ......  ........       OP5        15          20  ...........
tert-Butyl peroxyisobutyrate.......    UN3115  <=52......................  ......    >=48  ......  ........       OP7        15          20  ...........
tert-Butylperoxy isopropylcarbonate    UN3103  <=77......................    >=23  ......  ......  ........       OP5  ........  ..........  ...........
tert-Butylperoxy isopropylcarbonate    UN3105  <=62......................  ......    >=38  ......  ........       OP7  ........  ..........  ...........
1-(2-tert-Butylperoxy isopropyl)-3-    UN3105  <=77......................    >=23  ......  ......  ........       OP7  ........  ..........  ...........
 isopropenylbenzene.
1-(2-tert-Butylperoxy isopropyl)-3-    UN3108  <=42......................  ......  ......    >=58  ........       OP8  ........  ..........  ...........
 isopropenylbenzene.
tert-Butyl peroxy-2-methylbenzoate.    UN3103  <=100.....................  ......  ......  ......  ........       OP5  ........  ..........  ...........
tert-Butyl peroxyneodecanoate......    UN3115  >77-100...................  ......  ......  ......  ........       OP7        -5           5  ...........
tert-Butyl peroxyneodecanoate......    UN3115  <=77......................  ......    >=23  ......  ........       OP7         0          10  ...........
tert-Butyl peroxyneodecanoate [as a    UN3119  <=52......................  ......  ......  ......  ........       OP8         0          10  ...........
 stable dispersion in water].
tert-Butyl peroxyneodecanoate [as a    UN3118  <=42......................  ......  ......  ......  ........       OP8         0          10  ...........
 stable dispersion in water
 (frozen)].
tert-Butyl peroxyneodecanoate......    UN3119  <=32......................    >=68  ......  ......  ........       OP8         0          10  ...........
tert-Butyl peroxyneoheptanoate.....    UN3115  <=77......................    >=23  ......  ......  ........       OP7         0          10  ...........
tert-Butyl peroxyneoheptanoate [as     UN3117  <=42......................  ......  ......  ......  ........       OP8         0          10  ...........
 a stable dispersion in water].
tert-Butyl peroxypivalate..........    UN3113  >67-77....................    >=23  ......  ......  ........       OP5         0          10  ...........
tert-Butyl peroxypivalate..........    UN3115  >27-67....................  ......    >=33  ......  ........       OP7         0          10  ...........
tert-Butyl peroxypivalate..........    UN3119  <=27......................  ......    >=73  ......  ........       OP8        30          35  ...........
tert-Butylperoxy stearylcarbonate..    UN3106  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
tert-Butyl peroxy-3,5,5-               UN3105  >37-100...................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 trimethylhexanoate.
tert-Butyl peroxy-3,5,5-               UN3106  <=42......................  ......  ......    >=58  ........       OP7  ........  ..........  ...........
 trimethlyhexanoate.
tert-Butyl peroxy-3,5,5-               UN3109  <=37......................  ......    >=63  ......  ........       OP8  ........  ..........  ...........
 trimethylhexanoate.
3-Chloroperoxybenzoic acid.........    UN3102  >57-86....................  ......  ......    >=14  ........       OP1  ........  ..........  ...........
3-Chloroperoxybenzoic acid.........    UN3106  <=57......................  ......  ......     >=3      >=40       OP7  ........  ..........  ...........
3-Chloroperoxybenzoic acid.........    UN3106  <=77......................  ......  ......     >=6      >=17       OP7  ........  ..........  ...........
Cumyl hydroperoxide................    UN3107  >90-98....................    <=10  ......  ......  ........       OP8  ........  ..........           13
Cumyl hydroperoxide................    UN3109  <=90......................    >=10  ......  ......  ........       OP8  ........  ..........       13, 15
Cumyl peroxyneodecanoate...........    UN3115  <=87......................    >=13  ......  ......  ........       OP7       -10           0  ...........
Cumyl peroxyneodecanoate...........    UN3115  <=77......................  ......    >=23  ......  ........       OP7       -10           0  ...........
Cumyl peroxyneodecanoate [as a         UN3119  <=52......................  ......  ......  ......  ........       OP8       -10           0  ...........
 stable dispersion in water].
Cumyl peroxyneoheptanoate..........    UN3115  <=77......................    >=23  ......  ......  ........       OP7       -10           0  ...........
Cumyl peroxypivalate...............    UN3115  <=77......................  ......    >=23  ......  ........       OP7        -5           5  ...........
Cyclohexanone peroxide(s)..........    UN3104  <=91......................  ......  ......  ......       >=9       OP6  ........  ..........           13
Cyclohexanone peroxide(s)..........    UN3105  <=72......................    >=28  ......  ......  ........       OP7  ........  ..........            5
Cyclohexanone peroxide(s) [as a        UN3106  <=72......................  ......  ......  ......  ........       OP7  ........  ..........        5, 21
 paste].
Cyclohexanone peroxide(s)..........    Exempt  <=32......................  ......     >68  ......  ........    Exempt  ........  ..........           29

[[Page 25483]]

 
Diacetone alcohol peroxides........    UN3115  <=57......................  ......    >=26  ......       >=8       OP7        40          45            5
Diacetyl peroxide..................    UN3115  <=27......................  ......    >=73  ......  ........       OP7        20          25        8, 13
Di-tert-amyl peroxide..............    UN3107  <=100.....................  ......  ......  ......  ........       OP8  ........  ..........  ...........
([3R- (3R, 5aS, 6S, 8aS, 9R, 10R,      UN3106  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 12S, 12aR**)]-Decahydro-10-methoxy-
 3, 6, 9-trimethyl-3, 12-epoxy-12H-
 pyrano [4, 3- j]-1, 2-
 benzodioxepin).
2,2-Di-(tert-amylperoxy)-butane....    UN3105  <=57......................    >=43  ......  ......  ........       OP7  ........  ..........  ...........
1,1-Di-(tert-amylperoxy)cyclohexane    UN3103  <=82......................    >=18  ......  ......  ........       OP6  ........  ..........  ...........
Dibenzoyl peroxide.................    UN3102  >52-100...................  ......  ......    <=48  ........       OP2  ........  ..........            3
Dibenzoyl peroxide.................    UN3102  >77-94....................  ......  ......  ......       >=6       OP4  ........  ..........            3
Dibenzoyl peroxide.................    UN3104  <=77......................  ......  ......  ......      >=23       OP6  ........  ..........  ...........
Dibenzoyl peroxide.................    UN3106  <=62......................  ......  ......    >=28      >=10       OP7  ........  ..........  ...........
Dibenzoyl peroxide [as a paste]....    UN3106  >52-62....................  ......  ......  ......  ........       OP7  ........  ..........           21
Dibenzoyl peroxide.................    UN3106  >35-52....................  ......  ......    >=48  ........       OP7  ........  ..........  ...........
Dibenzoyl peroxide.................    UN3107  >36-42....................    >=18  ......  ......      <=40       OP8  ........  ..........  ...........
Dibenzoyl peroxide [as a paste]....    UN3108  <=56.5....................  ......  ......  ......      >=15       OP8  ........  ..........  ...........
Dibenzoyl peroxide [as a paste]....    UN3108  <=52......................  ......  ......  ......  ........       OP8  ........  ..........           21
Dibenzoyl peroxide [as a stable        UN3109  <=42......................  ......  ......  ......  ........       OP8  ........  ..........  ...........
 dispersion in water].
Dibenzoyl peroxide.................    Exempt  <=35......................  ......  ......    >=65  ........    Exempt  ........  ..........           29
Di-(4-tert-                            UN3114  <=100.....................  ......  ......  ......  ........       OP6        30          35  ...........
 butylcyclohexyl)peroxydicarbonate.
Di-(4-tert-                            UN3119  <=42......................  ......  ......  ......  ........       OP8        30          35  ...........
 butylcyclohexyl)peroxydicarbonate
 [as a stable dispersion in water].
Di-(4-tert-                            UN3118  <=42......................  ......  ......  ......  ........       OP8        35          40  ...........
 butylcyclohexyl)peroxydicarbonate
 [as a paste].
Di-tert-butyl peroxide.............    UN3107  >52-100...................  ......  ......  ......  ........       OP8  ........  ..........  ...........
Di-tert-butyl peroxide.............    UN3109  <=52......................  ......    >=48  ......  ........       OP8  ........  ..........           24
Di-tert-butyl peroxyazelate........    UN3105  <=52......................    >=48  ......  ......  ........       OP7  ........  ..........  ...........
2,2-Di-(tert-butylperoxy)butane....    UN3103  <=52......................    >=48  ......  ......  ........       OP6  ........  ..........  ...........
1,6-Di-(tert-                          UN3103  <=72......................    >=28  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxycarbonyloxy)hexane.
1,1-Di-(tert-                          UN3101  >80-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                          UN3103  >52-80....................    >=20  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxy)cyclohexane.
1,1-Di-(tert-butylperoxy)-             UN3103  <=72......................  ......    >=28  ......  ........       OP5  ........  ..........           30
 cyclohexane.
1,1-Di-(tert-                          UN3105  >42-52....................    >=48  ......  ......  ........       OP7  ........  ..........  ...........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                          UN3106  <=42......................    >=13  ......    >=45  ........       OP7  ........  ..........  ...........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                          UN3107  <=27......................    >=25  ......  ......  ........       OP8  ........  ..........           22
 butylperoxy)cyclohexane.
1,1-Di-(tert-                          UN3109  <=42......................    >=58  ......  ......  ........       OP8  ........  ..........  ...........
 butylperoxy)cyclohexane.
1,1-Di-(tert-Butylperoxy)              UN3109  <=37......................    >=63  ......  ......  ........       OP8  ........  ..........  ...........
 cyclohexane.
1,1-Di-(tert-                          UN3109  <=25......................    >=25    >=50  ......  ........       OP8  ........  ..........  ...........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                          UN3109  <=13......................    >=13    >=74  ......  ........       OP8  ........  ..........  ...........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                          UN3105  <=43+<=16.................    >=41  ......  ......  ........       OP7  ........  ..........  ...........
 butylperoxy)cyclohexane + tert-
 Butyl peroxy-2-ethylhexanoate.
Di-n-butyl peroxydicarbonate.......    UN3115  >27-52....................  ......    >=48  ......  ........       OP7       -15          -5  ...........
Di-n-butyl peroxydicarbonate.......    UN3117  <=27......................  ......    >=73  ......  ........       OP8       -10           0  ...........
Di-n-butyl peroxydicarbonate [as a     UN3118  <=42......................  ......  ......  ......  ........       OP8       -15          -5  ...........
 stable dispersion in water
 (frozen)].
Di-sec-butyl peroxydicarbonate.....    UN3113  >52-100...................  ......  ......  ......  ........       OP4       -20         -10            6
Di-sec-butyl peroxydicarbonate.....    UN3115  <=52......................  ......    >=48  ......  ........       OP7       -15          -5  ...........
Di-(tert-butylperoxyisopropyl)         UN3106  >42-100...................  ......  ......    <=57  ........       OP7  ........  ..........         1, 9
 benzene(s).
Di-(tert-butylperoxyisopropyl)         Exempt  <=42......................  ......  ......    >=58  ........    Exempt  ........  ..........  ...........
 benzene(s).
Di-(tert-butylperoxy)phthalate.....    UN3105  >42-52....................    >=48  ......  ......  ........       OP7  ........  ..........  ...........
Di-(tert-butylperoxy)phthalate [as     UN3106  <=52......................  ......  ......  ......  ........       OP7  ........  ..........           21
 a paste].
Di-(tert-butylperoxy)phthalate.....    UN3107  <=42......................    >=58  ......  ......  ........       OP8  ........  ..........  ...........
2,2-Di-(tert-butylperoxy)propane...    UN3105  <=52......................    >=48  ......  ......  ........       OP7  ........  ..........  ...........
2,2-Di-(tert-butylperoxy)propane...    UN3106  <=42......................    >=13  ......    >=45  ........       OP7  ........  ..........  ...........
1,1-Di-(tert-butylperoxy)-3,3,5-       UN3101  >90-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5-       UN3103  >57-90....................    >=10  ......  ......  ........       OP5  ........  ..........  ...........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5-       UN3103  <=77......................  ......    >=23  ......  ........       OP5  ........  ..........  ...........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5-       UN3103  <=90......................  ......    >=10  ......  ........       OP5  ........  ..........           30
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5-       UN3110  <=57......................  ......  ......    >=43  ........       OP8  ........  ..........  ...........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5-       UN3107  <=57......................    >=43  ......  ......  ........       OP8  ........  ..........  ...........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5-       UN3107  <=32......................    >=26    >=42  ......  ........       OP8  ........  ..........  ...........
 trimethylcyclohexane.
Dicetyl peroxydicarbonate..........    UN3120  <=100.....................  ......  ......  ......  ........       OP8        30          35  ...........
Dicetyl peroxydicarbonate [as a        UN3119  <=42......................  ......  ......  ......  ........       OP8        30          35  ...........
 stable dispersion in water].
Di-4-chlorobenzoyl peroxide........    UN3102  <=77......................  ......  ......  ......      >=23       OP5  ........  ..........  ...........
Di-4-chlorobenzoyl peroxide........    Exempt  <=32......................  ......  ......    >=68  ........    Exempt  ........  ..........           29
Di-2,4-dichlorobenzoyl peroxide [as    UN3118  <=52......................  ......  ......  ......  ........       OP8        20          25  ...........
 a paste].
Di-4-chlorobenzoyl peroxide [as a      UN3106  <=52......................  ......  ......  ......  ........       OP7  ........  ..........           21
 paste].

[[Page 25484]]

 
Dicumyl peroxide...................    UN3110  >52-100...................  ......  ......    <=48  ........       OP8  ........  ..........            9
Dicumyl peroxide...................    Exempt  <=52......................  ......  ......    >=48  ........    Exempt  ........  ..........           29
Dicyclohexyl peroxydicarbonate.....    UN3112  >91-100...................  ......  ......  ......  ........       OP3        10          15  ...........
Dicyclohexyl peroxydicarbonate.....    UN3114  <=91......................  ......  ......  ......       >=9       OP5        10          15  ...........
Dicyclohexyl peroxydicarbonate [as     UN3119  <=42......................  ......  ......  ......  ........       OP8        15          20  ...........
 a stable dispersion in water].
Didecanoyl peroxide................    UN3114  <=100.....................  ......  ......  ......  ........       OP6        30          35  ...........
2,2-Di-(4,4-di(tert-                   UN3106  <=42......................  ......  ......    >=58  ........       OP7  ........  ..........  ...........
 butylperoxy)cyclohexyl)propane.
2,2-Di-(4,4-di(tert-                   UN3107  <=22......................  ......    >=78  ......  ........       OP8  ........  ..........  ...........
 butylperoxy)cyclohexyl)propane.
Di-2,4-dichlorobenzoyl peroxide....    UN3102  <=77......................  ......  ......  ......      >=23       OP5  ........  ..........  ...........
Di-2,4-dichlorobenzoyl peroxide [as    UN3106  <=52......................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 a paste with silicone oil].
Di-(2-ethoxyethyl)                     UN3115  <=52......................  ......    >=48  ......  ........       OP7       -10           0  ...........
 peroxydicarbonate.
Di-(2-ethylhexyl) peroxydicarbonate    UN3113  >77-100...................  ......  ......  ......  ........       OP5       -20         -10  ...........
Di-(2-ethylhexyl) peroxydicarbonate    UN3115  <=77......................  ......    >=23  ......  ........       OP7       -15          -5  ...........
Di-(2-ethylhexyl) peroxydicarbonate    UN3119  <=62......................  ......  ......  ......  ........       OP8       -15          -5  ...........
 [as a stable dispersion in water].
Di-(2-ethylhexyl) peroxydicarbonate    UN3119  <=52......................  ......  ......  ......  ........       OP8       -15          -5  ...........
 [as a stable dispersion in water].
Di-(2-ethylhexyl) peroxydicarbonate    UN3120  <=52......................  ......  ......  ......  ........       OP8       -15          -5  ...........
 [as a stable dispersion in water
 (frozen)].
2,2-Dihydroperoxypropane...........    UN3102  <=27......................  ......  ......    >=73  ........       OP5  ........  ..........  ...........
Di-(1-hydroxycyclohexyl)peroxide...    UN3106  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
Diisobutyryl peroxide..............    UN3111  >32-52....................  ......    >=48  ......  ........       OP5       -20         -10  ...........
Diisobutyryl peroxide [as a stable     UN3119  <=42......................  ......  ......  ......  ........       OP8       -20         -10  ...........
 dispersion in water].
Diisobutyryl peroxide..............    UN3115  <=32......................  ......    >=68  ......  ........       OP7       -20         -10  ...........
Diisopropylbenzene dihydroperoxide.    UN3106  <=82......................     >=5  ......  ......       >=5       OP7  ........  ..........           17
Diisopropyl peroxydicarbonate......    UN3112  >52-100...................  ......  ......  ......  ........       OP2       -15          -5  ...........
Diisopropyl peroxydicarbonate......    UN3115  <=52......................  ......    >=48  ......  ........       OP7       -20         -10  ...........
Diisopropyl peroxydicarbonate......    UN3115  <=32......................    >=68  ......  ......  ........       OP7       -15          -5  ...........
Dilauroyl peroxide.................    UN3106  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
Dilauroyl peroxide [as a stable        UN3109  <=42......................  ......  ......  ......  ........       OP8  ........  ..........  ...........
 dispersion in water].
Di-(3-methoxybutyl)                    UN3115  <=52......................  ......    >=48  ......  ........       OP7        -5           5  ...........
 peroxydicarbonate.
Di-(2-methylbenzoyl)peroxide.......    UN3112  <=87......................  ......  ......  ......      >=13       OP5        30          35  ...........
Di-(4-methylbenzoyl)peroxide [as a     UN3106  <=52......................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 paste with silicone oil].
Di-(3-methylbenzoyl) peroxide +        UN3115  <=20 + <=18 + <=4.........  ......    >=58  ......  ........       OP7        35          40  ...........
 Benzoyl (3-methylbenzoyl) peroxide
 + Dibenzoyl peroxide.
2,5-Dimethyl-2,5-di-                   UN3102  >82-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 (benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-                   UN3106  <=82......................  ......  ......    >=18  ........       OP7  ........  ..........  ...........
 (benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-                   UN3104  <=82......................  ......  ......  ......      >=18       OP5  ........  ..........  ...........
 (benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-             UN3103  >90-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-             UN3105  >52-90....................    >=10  ......  ......  ........       OP7  ........  ..........  ...........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-             UN3108  <=77......................  ......  ......    >=23  ........       OP8  ........  ..........  ...........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-             UN3109  <=52......................    >=48  ......  ......  ........       OP8  ........  ..........  ...........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-             UN3108  <=47......................  ......  ......  ......  ........       OP8  ........  ..........  ...........
 butylperoxy)hexane [as a paste].
2,5-Dimethyl-2,5-di-(tert-             UN3101  >86-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert-             UN3103  >52-86....................    >=14  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert-             UN3106  <=52......................  ......  ......    >=48  ........       OP7  ........  ..........  ...........
 butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(2-                UN3113  <=100.....................  ......  ......  ......  ........       OP5        20          25  ...........
 ethylhexanoylperoxy)hexane.
2,5-Dimethyl-2,5-                      UN3104  <=82......................  ......  ......  ......      >=18       OP6  ........  ..........  ...........
 dihydroperoxyhexane.
2,5-Dimethyl-2,5-di-(3,5,5-            UN3105  <=77......................    >=23  ......  ......  ........       OP7  ........  ..........  ...........
 trimethylhexanoylperoxy)hexane.
1,1-Dimethyl-3-                        UN3117  <=52......................    >=48  ......  ......  ........       OP8         0          10  ...........
 hydroxybutylperoxyneoheptanoate.
Dimyristyl peroxydicarbonate.......    UN3116  <=100.....................  ......  ......  ......  ........       OP7        20          25  ...........
Dimyristyl peroxydicarbonate [as a     UN3119  <=42......................  ......  ......  ......  ........       OP8        20          25  ...........
 stable dispersion in water].
Di-(2-                                 UN3115  <=52......................    >=48  ......  ......  ........       OP7       -10           0  ...........
 neodecanoylperoxyisopropyl)benzene.
Di-(2-neodecanoyl-peroxyisopropyl)     UN3119  <=42......................  ......  ......  ......  ........       OP8       -15          -5  ...........
 benzene, as stable dispersion in
 water.
Di-n-nonanoyl peroxide.............    UN3116  <=100.....................  ......  ......  ......  ........       OP7         0          10  ...........
Di-n-octanoyl peroxide.............    UN3114  <=100.....................  ......  ......  ......  ........       OP5        10          15  ...........
Di-(2-                                 UN3102  >85-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 phenoxyethyl)peroxydicarbonate.
Di-(2-                                 UN3106  <=85......................  ......  ......  ......      >=15       OP7  ........  ..........  ...........
 phenoxyethyl)peroxydicarbonate.
Dipropionyl peroxide...............    UN3117  <=27......................  ......    >=73  ......  ........       OP8        15          20  ...........
Di-n-propyl peroxydicarbonate......    UN3113  <=100.....................  ......  ......  ......  ........       OP3       -25         -15  ...........

[[Page 25485]]

 
Di-n-propyl peroxydicarbonate......    UN3113  <=77......................  ......    >=23  ......  ........       OP5       -20         -10  ...........
Disuccinic acid peroxide...........    UN3102  >72-100...................  ......  ......  ......  ........       OP4  ........  ..........           18
Disuccinic acid peroxide...........    UN3116  <=72......................  ......  ......  ......      >=28       OP7        10          15  ...........
Di-(3,5,5-trimethylhexanoyl)           UN3115  >52-82....................    >=18  ......  ......  ........       OP7         0          10  ...........
 peroxide.
Di-(3,5,5-                             UN3119  <=52......................  ......  ......  ......  ........       OP8        10          15  ...........
 trimethylhexanoyl)peroxide [as a
 stable dispersion in water].
Di-(3,5,5-trimethylhexanoyl)           UN3119  >38-52....................    >=48  ......  ......  ........       OP8        10          15  ...........
 peroxide.
Di-(3,5,5-                             UN3119  <=38......................    >=62  ......  ......  ........       OP8        20          25  ...........
 trimethylhexanoyl)peroxide.
Ethyl 3,3-di-(tert-                    UN3105  <=67......................    >=33  ......  ......  ........       OP7  ........  ..........  ...........
 amylperoxy)butyrate.
Ethyl 3,3-di-(tert-                    UN3103  >77-100...................  ......  ......  ......  ........       OP5  ........  ..........  ...........
 butylperoxy)butyrate.
Ethyl 3,3-di-(tert-                    UN3105  <=77......................    >=23  ......  ......  ........       OP7  ........  ..........  ...........
 butylperoxy)butyrate.
Ethyl 3,3-di-(tert-                    UN3106  <=52......................  ......  ......    >=48  ........       OP7  ........  ..........  ...........
 butylperoxy)butyrate.
1-(2-ethylhexanoylperoxy)-1,3-         UN3115  <=52......................    >=45    >=10  ......  ........       OP7       -20         -10  ...........
 Dimethylbutyl peroxypivalate.
tert-Hexyl peroxyneodecanoate......    UN3115  <=71......................    >=29  ......  ......  ........       OP7         0          10  ...........
tert-Hexyl peroxypivalate..........    UN3115  <=72......................  ......    >=28  ......  ........       OP7        10          15  ...........
tert-Hexyl peroxypivalate..........    UN3117  <=52 as a stable            ......  ......  ......  ........       OP8       +15         +20  ...........
                                                dispersion in water.
3-Hydroxy-1,1-dimethylbutyl            UN3115  <=77......................    >=23  ......  ......  ........       OP7        -5           5  ...........
 peroxyneodecanoate.
3-Hydroxy-1,1-dimethylbutyl            UN3119  <=52......................  ......  ......  ......  ........       OP8        -5           5  ...........
 peroxyneodecanoate [as a stable
 dispersion in water].
3-Hydroxy-1,1-dimethylbutyl            UN3117  <=52......................    >=48  ......  ......  ........       OP8        -5           5  ...........
 peroxyneodecanoate.
Isopropyl sec-butyl                    UN3111  <=52 + <=28 + <=22........  ......  ......  ......  ........       OP5       -20         -10  ...........
 peroxydicarbonat + Di-sec-butyl
 peroxydicarbonate + Di-isopropyl
 peroxydicarbonate.
Isopropyl sec-butyl                    UN3115  <=32 + <=15 -18 + <=12 -15    >=38  ......  ......  ........       OP7       -20         -10  ...........
 peroxydicarbonate + Di-sec-butyl
 peroxydicarbonate + Di-isopropyl
 peroxydicarbonate.
Isopropylcumyl hydroperoxide.......    UN3109  <=72......................    >=28  ......  ......  ........       OP8  ........  ..........           13
p-Menthyl hydroperoxide............    UN3105  >72-100...................  ......  ......  ......  ........       OP7  ........  ..........           13
p-Menthyl hydroperoxide............    UN3109  <=72......................    >=28  ......  ......  ........       OP8  ........  ..........  ...........
Methylcyclohexanone peroxide(s)....    UN3115  <=67......................  ......    >=33  ......  ........       OP7        35          40  ...........
Methyl ethyl ketone peroxide(s)....    UN3101  <=52......................    >=48  ......  ......  ........       OP5  ........  ..........        5, 13
Methyl ethyl ketone peroxide(s)....    UN3105  <=45......................    >=55  ......  ......  ........       OP7  ........  ..........            5
Methyl ethyl ketone peroxide(s)....    UN3107  <=40......................    >=60  ......  ......  ........       OP8  ........  ..........            7
Methyl isobutyl ketone peroxide(s).    UN3105  <=62......................    >=19  ......  ......  ........       OP7  ........  ..........        5, 23
Methyl isopropyl ketone peroxide(s)    UN3109  (See remark 31)...........    >=70  ......  ......  ........       OP8  ........  ..........           31
Organic peroxide, liquid, sample...    UN3103  ..........................  ......  ......  ......  ........       OP2  ........  ..........           12
Organic peroxide, liquid, sample,      UN3113  ..........................  ......  ......  ......  ........       OP2  ........  ..........           12
 temperature controlled.
Organic peroxide, solid, sample....    UN3104  ..........................  ......  ......  ......  ........       OP2  ........  ..........           12
Organic peroxide, solid, sample,       UN3114  ..........................  ......  ......  ......  ........       OP2  ........  ..........           12
 temperature controlled.
3,3,5,7,7-Pentamethyl-1,2,4-           UN3107  <=100.....................  ......  ......  ......  ........       OP8  ........  ..........  ...........
 Trioxepane.
Peroxyacetic acid, type D,             UN3105  <=43......................  ......  ......  ......  ........       OP7  ........  ..........       13, 20
 stabilized.
Peroxyacetic acid, type E,             UN3107  <=43......................  ......  ......  ......  ........       OP8  ........  ..........       13, 20
 stabilized.
Peroxyacetic acid, type F,             UN3109  <=43......................  ......  ......  ......  ........       OP8  ........  ..........   13, 20, 28
 stabilized.
Peroxyacetic acid or peracetic acid    UN3107  <=36......................  ......  ......  ......      >=15       OP8  ........  ..........   13, 20, 28
 [with not more than 7% hydrogen
 peroxide].
Peroxyacetic acid or peracetic acid    Exempt  <=6.......................  ......  ......  ......      >=60    Exempt  ........  ..........           28
 [with not more than 20% hydrogen
 peroxide].
Peroxyacetic acid or peracetic acid    UN3109  <=17......................  ......  ......  ......  ........       OP8  ........  ..........   13, 20, 28
 [with not more than 26% hydrogen
 peroxide].
Peroxylauric acid..................    UN3118  <=100.....................  ......  ......  ......  ........       OP8        35          40  ...........
1-Phenylethyl hydroperoxide........    UN3109  <=38......................  ......    >=62  ......  ........       OP8  ........  ..........  ...........
Pinanyl hydroperoxide..............    UN3105  >56-100...................  ......  ......  ......  ........       OP7  ........  ..........           13
Pinanyl hydroperoxide..............    UN3109  <=56......................    >=44  ......  ......  ........       OP8  ........  ..........  ...........
Polyether poly-tert-                   UN3107  <=52......................  ......    >=48  ......  ........       OP8  ........  ..........  ...........
 butylperoxycarbonate.
Tetrahydronaphthyl hydroperoxide...    UN3106  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
1,1,3,3-Tetramethylbutyl               UN3105  <=100.....................  ......  ......  ......  ........       OP7  ........  ..........  ...........
 hydroperoxide.
1,1,3,3-Tetramethylbutyl peroxy-2-     UN3115  <=100.....................  ......  ......  ......  ........       OP7        15          20  ...........
 ethylhexanoate.
1,1,3,3-Tetramethylbutyl               UN3115  <=72......................  ......    >=28  ......  ........       OP7        -5           5  ...........
 peroxyneodecanoate.
1,1,3,3-Tetramethylbutyl               UN3119  <=52......................  ......  ......  ......  ........       OP8        -5           5  ...........
 peroxyneodecanoate [as a stable
 dispersion in water].
1,1,3,3-tetramethylbutyl               UN3115  <=77......................    >=23  ......  ......  ........       OP7         0          10  ...........
 peroxypivalate.
3,6,9-Triethyl-3,6,9-trimethyl-        UN3110  <=17......................    >=18  ......    >=65  ........       OP8  ........  ..........  ...........
 1,4,7-triperoxonane.

[[Page 25486]]

 
3,6,9-Triethyl-3,6,9-trimethyl-        UN3105  <=42......................    >=58  ......  ......  ........       OP7  ........  ..........           26
 1,4,7-triperoxonane.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. For domestic shipments, OP8 is authorized.
2. Available oxygen must be <4.7%.
3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum
  package size is OP2.
4. The diluent may be replaced by di-tert-butyl peroxide.
5. Available oxygen must be <=9% with or without water.
6. For domestic shipments, OP5 is authorized.
7. Available oxygen must be <=8.2% with or without water.
8. Only non-metallic packagings are authorized.
9. For domestic shipments this material may be transported under the provisions of paragraph (h)(3)(xii) of this section.
10. [Reserved]
11. [Reserved]
12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section.
13. ``Corrosive'' subsidiary risk label is required.
14. [Reserved]
15. No ``Corrosive'' subsidiary risk label is required for concentrations below 80%.
16. With <6% di-tert-butyl peroxide.
17. With <=8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene.
18. Addition of water to this organic peroxide will decrease its thermal stability.
19. [Reserved]
20. Mixtures with hydrogen peroxide, water, and acid(s).
21. With diluent type A, with or without water.
22. With >=36%% diluent type A by mass, and in addition ethylbenzene.
23. With >=19% diluent type A by mass, and in addition methyl isobutyl ketone.
24. Diluent type B with boiling point >100 C.
25. No ``Corrosive'' subsidiary risk label is required for concentrations below 56%.
26. Available oxygen must be <=7.6%.
27. Formulations derived from distillation of peroxyacetic acid originating from peroxyacetic acid in a concentration of not more than 41% with water,
  total active oxygen less than or equal to 9.5% (peroxyacetic acid plus hydrogen peroxide).
28. For the purposes of this section, the names ``Peroxyacetic acid'' and ``Peracetic acid'' are synonymous.
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point >130 [deg]C (266 [deg]F).
31. Available oxygen <=6.7%.
32. Active oxygen concentration <=4.15%.

* * * * *
    (g) * * *

                                                                 Table 4 to Paragraph (g)--Organic Peroxide Portable Tank Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Minimum shell
                                                                 Minimum test    thickness  (mm-     Bottom opening    Pressure-relief                                Control        Emergency
                UN No.                    Hazardous material       pressure      reference steel)   requirements See   requirements See       Filling limits        temperature     temperature
                                                                     (bar)          See . . .            . . .              . . .
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3109.................................  ORGANIC PEROXIDE, TYPE
                                        F, LIQUID.
 
                                                                                          * * * * * * *
                                       tert-Butyl                            4               Sec.               Sec.               Sec.  Not more than 90% at 59
                                        hydroperoxide, not                          178.274(d)(2)      178.275(d)(3)      178.275(g)(1)   [deg]F (15 [deg]C).
                                        more than 56% with
                                        diluent type B \2\.
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. ``Corrosive'' subsidiary risk placard is required.
2. Diluent type B is tert-Butyl alcohol.

* * * * *

0
20. In Sec.  173.232, add paragraph (h) to read as follows:


Sec.  173.232  Articles containing hazardous materials, n.o.s.

* * * * *
    (h) For transport by aircraft, the following additional 
requirements apply:
    (1) Articles transported under UN3548, which do not have an 
existing proper shipping name, and which contain only environmentally 
hazardous substances where the quantity of the environmentally 
hazardous substance in the article exceeds 5 L or 5 kg, must be 
prepared for transport in accordance with this section for transport by 
air. In addition to the environmentally hazardous substance, the 
article may also contain lithium cells or batteries that comply with 
Sec.  173.185(c)(4).
    (2) Articles transported under UN3538, which do not have an 
existing proper shipping name, and which contain only gases of Division 
2.2 without a subsidiary hazard, but excluding refrigerated liquefied 
gases and gases forbidden for transport on

[[Page 25487]]

passenger aircraft, where the quantity of the Division 2.2 gas exceeds 
the quantity limits for UN 3363, as prescribed in Sec.  173.222 must be 
prepared for transport in accordance with this section. Articles 
transported under this provision are limited to a maximum net quantity 
of gas of 75 kg by passenger aircraft and 150 kg by cargo-only 
aircraft. In addition to the Division 2.2 gas, the article may also 
contain lithium cells or batteries that comply with Sec.  
173.185(c)(4).

0
21. In Sec.  173.301b, revise paragraphs (c)(1), (c)(2)(ii) through 
(iv), (d)(1), and (f) to read as follows:


Sec.  173.301b  Additional general requirements for shipment of UN 
pressure receptacles.

* * * * *
    (c) * * *
    (1) When the use of a valve is prescribed, the valve must conform 
to the requirements in ISO 10297:2014(E) and ISO 10297:2014/Amd 1:2017 
(IBR, see Sec.  171.7 of this subchapter). Quick release cylinder 
valves for specification and type testing must conform to the 
requirements in ISO 17871:2020 or, until December 31, 2026, ISO 
17871:2015(E) (IBR, see Sec.  171.7 of this subchapter). Until December 
31, 2026, a quick release valve conforming to the requirements in ISO 
17871:2015(E) (IBR, see Sec.  171.7 of this subchapter) continues to be 
authorized for use.
    (2) * * *
    (ii) By equipping the UN pressure receptacle with a valve cap 
conforming to the requirements of ISO 11117:1998(E), ISO 11117:2008(E) 
and Technical Corrigendum 1, or ISO 11117:2019(E) (IBR, see Sec.  171.7 
of this subchapter). Until December 31, 2026, the manufacture of a 
valve cap conforming to the requirements ISO 11117:2008(E) and 
Technical Corrigendum 1 (IBR, see Sec.  171.7 of this subchapter) is 
authorized. Until December 31, 2014, the manufacture of a valve cap 
conforming to the requirements in ISO 11117:1998(E) (IBR, see Sec.  
171.7 of this subchapter) was authorized. The cap must have vent holes 
of sufficient cross-sectional area to evacuate the gas if leakage 
occurs at the valve.
    (iii) By protecting the valves with shrouds or guards conforming to 
the requirements in ISO 11117:2019 (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2026, the valves may continue to be 
protected by shrouds or guards conforming to the requirements in ISO 
11117:2008 and Technical Corrigendum 1 (IBR, see Sec.  171.7 of this 
subchapter). For metal hydride storage systems, by protecting the 
valves in accordance with the requirements in ISO 16111:2018(E) or, 
until December 31, 2026, in accordance with ISO 16111:2008(E) (IBR, see 
Sec.  171.7 of this subchapter).
    (iv) By using valves designed and constructed with sufficient 
inherent strength to withstand damage, in accordance with Annex B of 
ISO 10297:2014(E)/Amd. 1:2017 (IBR, see Sec.  171.7 of this 
subchapter);
* * * * *
    (d) Non-refillable UN pressure receptacles. (1) When the use of a 
valve is prescribed, the valve must conform to the requirements in ISO 
11118:2015(E) and ISO 11118:2015/Amd 1:2019 until further notice. 
Conformance with ISO 11118:2015 without the supplemental amendment is 
authorized until December 31, 2026 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *
    (f) Hydrogen bearing gases. A steel UN pressure receptacle or a UN 
composite pressure receptacle with a steel liner bearing an ``H'' mark 
must be used for hydrogen bearing gases or other embrittling gases that 
have the potential of causing hydrogen embrittlement.
* * * * *

0
22. In Sec.  173.302b, add paragraph (g) to read as follows:


Sec.  173.302b  Additional requirements for shipment of non-liquefied 
(permanent) compressed gases in UN pressure receptacles.

* * * * *
    (g) Mixtures of Fluorine with Nitrogen. Mixtures of fluorine and 
nitrogen with a fluorine concentration below 35% by volume may be 
filled in pressure receptacles up to a maximum allowable working 
pressure for which the partial pressure of fluorine does not exceed 31 
bar (abs.).
[GRAPHIC] [TIFF OMITTED] TR10AP24.015

in which Xf = fluorine concentration in % by volume/100.

    Mixtures of fluorine and inert gases with a fluorine concentration 
below 35% by volume may be filled in pressure receptacles up to a 
maximum allowable working pressure for which the partial pressure of 
fluorine does not exceed 31 bar (abs.), additionally taking the 
coefficient of nitrogen equivalency in accordance with ISO 10156:2017 
into account when calculating the partial pressure.
[GRAPHIC] [TIFF OMITTED] TR10AP24.016

in which Xf = fluorine concentration in % by volume/100.
Kk = coefficient of equivalency of an inert gas relative 
to nitrogen (coefficient of nitrogen equivalency)
 Xk = inert gas concentration in % by volume/100

    However, the working pressure for mixtures of fluorine and inert 
gases shall not exceed 200 bar. The minimum test pressure of pressure 
receptacles for mixtures of fluorine and inert gases equals 1.5 times 
the working pressure or 200 bar, with the greater value to be applied.
* * * * *

0
23. In Sec.  173.302c, revise paragraph (k) to read as follows:


Sec.  173.302c  Additional requirements for the shipment of adsorbed 
gases in UN pressure receptacles.

* * * * *
    (k) The filling procedure must be in accordance with Annex A of ISO 
11513:2019 (IBR, see Sec.  171.7 of this subchapter). Until December 
31, 2026, filling may instead be in accordance with Annex A of ISO 
11513:2011(E) (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
24. Revise Sec.  173.311 to read as follows:


Sec.  173.311  Metal Hydride Storage Systems.

    The following packing instruction is applicable to transportable UN 
Metal hydride storage systems (UN3468) with pressure receptacles not 
exceeding 150 liters (40 gallons) in water capacity, and having a 
maximum developed pressure not exceeding 25 MPa. UN Metal hydride 
storage systems must be designed, constructed, initially inspected, and 
tested in accordance with ISO 16111:2018 (IBR, see Sec.  171.7 of this 
subchapter), consistent with Sec.  178.71(m) of this subchapter. Until 
December 31, 2026, UN Metal hydride storage systems may instead conform 
to ISO 16111:2008(E) (IBR, see Sec.  171.7 of this subchapter). Steel 
pressure receptacles or composite pressure receptacles with steel 
liners must be marked in accordance with

[[Page 25488]]

Sec.  173.301b(f), which specifies that a steel UN pressure receptacle 
displaying an ``H'' mark must be used for hydrogen-bearing gases or 
other gases that may cause hydrogen embrittlement. Requalification 
intervals must be no more than every five years, as specified in Sec.  
180.207 of this subchapter, in accordance with the requalification 
procedures prescribed in ISO 16111:2018 or ISO 16111:2008.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
25. The authority citation for part 175 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.

0
26. In Sec.  175.1, add paragraph (e) to read as follows:


Sec.  175.1  Purpose, scope, and applicability.

* * * * *
    (e) In addition to the requirements of this part, air carriers that 
are certificate holders authorized to conduct operations in accordance 
with 14 CFR part 121 are also required to have a Safety Management 
System that meets the conditions of 14 CFR part 5 and is acceptable to 
the Federal Aviation Administration (FAA) Administrator.
0
27. In Sec.  175.10, revise paragraph (a) introductory text, (a)(14) 
introductory text, (a)(15)(v)(A), (a)(15)(vi)(A), (a)(17)(ii)(C), 
(a)(18) introductory text, and (a)(26) introductory text to read as 
follows:


Sec.  175.10  Exceptions for passengers, crewmembers, and air 
operators.

* * * * *
    (a) This subchapter does not apply to the following hazardous 
materials when carried by aircraft passengers or crewmembers provided 
the requirements of Sec. Sec.  171.15 and 171.16 of this subchapter 
(see paragraph (c) of this section) and the requirements of this 
section are met. The most appropriate description of the hazardous 
material item or article must be selected and the associated conditions 
for exception must be followed:
* * * * *
    (14) Battery powered heat-producing devices (e.g., battery-operated 
equipment such as diving lamps and soldering equipment) as checked or 
carry-on baggage and with the approval of the operator of the aircraft. 
The heating element, the battery, or other component (e.g., fuse) must 
be isolated to prevent unintentional activation during transport. Any 
battery that is removed must be carried in accordance with the 
provisions for spare batteries in paragraph (a)(18) of this section. 
Each lithium battery must be of a type that meets the requirements of 
each test in the UN Manual of Tests and Criteria, Part III, Subsection 
38.3 (IBR, see Sec.  171.7 of this subchapter), and each installed or 
spare lithium battery:
* * * * *
    (15) * * *
    (v) * * *
    (A) Adequately protected against damage by design of the wheelchair 
or mobility aid and securely attached to the wheelchair or mobility 
aid; or
* * * * *
    (vi) * * *
    (A) Adequately protected against damage by design of the wheelchair 
or mobility aid and securely attached to the wheelchair or mobility 
aid; or
* * * * *
    (17) * * *
    (ii) * * *
    (C) The battery is adequately protected against damage by design of 
the wheelchair or mobility aid and securely attached to the wheelchair 
or other mobility aid; and
* * * * *
    (18) Except as provided in Sec.  173.21 of this subchapter, 
portable electronic devices (e.g., watches, calculating machines, 
cameras, cellular phones, laptop and notebook computers, camcorders, 
medical devices, etc.), containing dry cells or dry batteries 
(including lithium cells or batteries) and spare dry cells or batteries 
for these devices, when carried by passengers or crew members for 
personal use. Portable electronic devices powered by lithium batteries 
may be carried in either checked or carry-on baggage. When carried in 
checked baggage, portable electronic devices powered by lithium 
batteries must be completely switched off (i.e., not in sleep or 
hibernation mode) and protected to prevent unintentional activation or 
damage, except portable electronic devices powered by lithium batteries 
with lithium content not exceeding 0.3 grams for lithium metal 
batteries and 2.7 Wh for lithium ion batteries are not required to be 
switched off. Spare lithium batteries must be carried in carry-on 
baggage only. Each installed or spare lithium battery must be of a type 
proven to meet the requirements of each test in the UN Manual of Tests 
and Criteria, Part III, Sub-section 38.3, and each spare lithium 
battery must be individually protected so as to prevent short circuits 
(e.g., by placement in original retail packaging, by otherwise 
insulating terminals by taping over exposed terminals, or placing each 
battery in a separate plastic bag or protective pouch). In addition, 
each installed or spare lithium battery:
* * * * *
    (26) Baggage equipped with lithium batteries must be carried as 
carry-on baggage unless the lithium batteries are removed from the 
baggage. Each lithium battery must be of a type which meets the 
requirements of each test in the UN Manual of Tests and Criteria, Part 
III, Subsection 38.3 (IBR, see Sec.  171.7 of this subchapter). 
Additionally, removed batteries must be carried in accordance with the 
provision for spare batteries prescribed in paragraph (a)(18) of this 
section. Baggage equipped with lithium batteries may be carried as 
checked baggage and electronic features may remain active if the 
batteries do not exceed:
* * * * *

0
28. In Sec.  175.33, revise paragraph (a)(13)(iii) to read as follows:


Sec.  175.33  Shipping paper and information to the pilot-in-command.

    (a) * * *
    (13) * * *
    (iii) UN3481 and UN3091 are not required to appear on the 
information provided to the pilot-in-command when prepared in 
accordance with Sec.  173.185(c).
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
29. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
30. In Sec.  178.37, revise paragraph (j) to read as follows:


Sec.  178.37  Specification 3AA and 3AAX seamless steel cylinders.

* * * * *
    (j) Flattening test. A flattening test must be performed on one 
cylinder, taken at random out of each lot of 200 or fewer, by placing 
the cylinder between wedge shaped knife edges, having a 60-degree 
included angle, rounded to \1/2\-inch radius. The longitudinal axis of 
the cylinder must be at a 90-degree angle to the knife edges during the 
test. For lots of 30 or fewer, flattening tests are authorized to be 
made on a ring at least eight (8) inches long, cut from each cylinder 
and subjected to the same heat treatment as the finished cylinder. 
Cylinders may be subjected to a bend test in lieu of the flattening 
test. Two bend test specimens must be taken in accordance with ISO 
9809-1:2019(E) or ASTM E290 (IBR, see Sec.  171.7 of this subchapter), 
and must be

[[Page 25489]]

subjected to the bend test specified therein.
* * * * *

0
31. In Sec.  178.71, revise paragraphs (f)(4), (g), (i), (k)(1)(i) and 
(ii), (m), and (n) to read as follows:


Sec.  178.71  Specifications for UN pressure receptacles.

* * * * *
    (f) * * *
    (4) ISO 21172-1:2015(E) Gas cylinders--Welded steel pressure drums 
up to 3,000 litres capacity for the transport of gases--Design and 
construction--Part 1: Capacities up-to 1,000 litres (IBR, see Sec.  
171.7 of this subchapter) in combination with ISO 21172-1:2015/Amd 
1:2018(E)--Gas Cylinders--Welded steel pressure drums up to 3,000 
litres capacity for the transport of gases--Design and construction--
Part 1: Capacities up--to 1,000 litres--Amendment 1 (IBR, see Sec.  
171.7 of this subchapter). Until December 31, 2026, the use of ISO 
21172-1:2015 (IBR, see Sec.  171.7 of this subchapter) without the 
supplemental amendment is authorized.
* * * * *
    (g) Design and construction requirements for UN refillable seamless 
steel cylinders. In addition to the general requirements of this 
section, UN refillable seamless steel cylinders must conform to the 
following ISO standards, as applicable:
    (1) ISO 9809-1:2019(E), Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction, and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa (IBR, 
see Sec.  171.7 of this subchapter). Until December 31, 2026, the 
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec.  171.7 of this subchapter) is authorized.
    (2) ISO 9809-2:2019(E), Gas cylinders--Design, construction, and 
testing of refillable seamless steel gas cylinders and tubes--Part 2: 
Quenched and tempered steel cylinders and tubes with tensile strength 
greater than or equal to 1100 MPa (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2026, the manufacture of a cylinder 
conforming to the requirements in ISO 9809-2:2010 (IBR, see Sec.  171.7 
of this subchapter) is authorized.
    (3) ISO 9809-3:2019(E), Gas cylinders--Design, construction, and 
testing of refillable seamless steel gas cylinders and tubes--Part 3: 
Normalized steel cylinders and tubes. (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2026, a cylinder may instead conform to 
ISO 9809-3:2010(E) (IBR, see Sec.  171.7 of this subchapter).
    (4) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction, and testing--Part 4: Stainless 
steel cylinders with an Rm value of less than 1,100 MPa (IBR, see Sec.  
171.7 of this subchapter).
* * * * *
    (i) Design and construction requirements for UN non-refillable 
metal cylinders. In addition to the general requirements of this 
section, UN non-refillable metal cylinders must conform to ISO 
11118:2015(E) Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods, in combination with ISO 11118:2015/Amd 
1:2019 Gas cylinders--Non-refillable metallic gas cylinders--
Specification and test methods--Amendment 1. (IBR, see Sec.  171.7 of 
this subchapter). Until December 31, 2026, the use of ISO 11118:2015 
(IBR, see Sec.  171.7 of this subchapter) without the supplemental 
amendment is authorized.
* * * * *
    (k) * * *
    (1) * * *
    (i) ISO 9809-1:2019(E) Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction, and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa (IBR, 
see Sec.  171.7 of this subchapter). Until December 31, 2026, the 
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec.  171.7 of this subchapter) is authorized.
    (ii) ISO 9809-3:2019(E) Gas cylinders--Design, construction, and 
testing of refillable seamless steel gas cylinders and tubes--Part 3: 
Normalized steel cylinders and tubes (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2026, the manufacture of a cylinder 
conforming to the requirements in ISO 9809-3:2010(E) (IBR, see Sec.  
171.7 of this subchapter) is authorized.
* * * * *
    (m) Design and construction requirements for UN metal hydride 
storage systems. In addition to the general requirements of this 
section, metal hydride storage systems must conform to ISO 
16111:2018(E) Transportable gas storage devices--Hydrogen absorbed in 
reversible metal hydride (IBR, see Sec.  171.7 of this subchapter). 
Until December 31, 2026, the manufacture of a UN metal hydride storage 
system conforming to the requirements in ISO 16111:2008 (IBR, see Sec.  
171.7 of this subchapter) is authorized.
    (n) Design and construction requirements for UN cylinders for the 
transportation of adsorbed gases. In addition to the general 
requirements of this section, UN cylinders for the transportation of 
adsorbed gases must conform to the following ISO standards, as 
applicable:
    (1) ISO 11513:2019, Gas cylinders--Refillable welded steel 
cylinders containing materials for sub-atmospheric gas packaging 
(excluding acetylene)--Design, construction, testing, use and periodic 
inspection (IBR, see Sec.  171.7 of this subchapter). Until December 
31, 2026, the manufacture of a cylinder conforming to the requirements 
in ISO 11513:2011(E) (IBR, see Sec.  171.7 of this subchapter) is 
authorized.
    (2) ISO 9809-1:2019(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction, and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa (IBR, 
see Sec.  171.7 of this subchapter). Until December 31, 2026, the 
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec.  171.7 of this subchapter is authorized.
* * * * *

0
32. In Sec.  178.75, revise paragraph (d)(3) introductory text and 
paragraphs (d)(3)(i) through (iii) to read as follows:


Sec.  178.75  Specifications for MEGCs.

* * * * *
    (d) * * *
    (3) Each pressure receptacle of a MEGC must be of the same design 
type, seamless steel, or composite, and constructed and tested 
according to one of the following ISO standards:
    (i) ISO 9809-1:2019(E), Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction, and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa (IBR, 
see Sec.  171.7 of this subchapter). Until December 31, 2026, the 
manufacture of a cylinder conforming to the requirements in ISO 9809-
1:2010(E) (IBR, see Sec.  171.7 of this subchapter) is authorized.
    (ii) ISO 9809-2:2019(E), Gas cylinders--Design, construction and 
testing of refillable seamless steel gas cylinders and tubes--Part 2: 
Quenched and tempered steel cylinders and tubes with tensile strength 
greater than or equal to 1100 MPa (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2026, the manufacture of a cylinder 
conforming to the requirements in \ ISO 9809-2:2010(E) (IBR, see Sec.  
171.7 of this subchapter) is authorized.
    (iii) ISO 9809-3:2019(E), Gas cylinders--Design, construction, and

[[Page 25490]]

testing of refillable seamless steel gas cylinders and tubes--Part 3: 
Normalized steel cylinders and tubes (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2026, the manufacture of a cylinder 
conforming to the requirements in ISO 9809-3:2010(E) (IBR, see Sec.  
171.7 of this subchapter) is authorized.
* * * * *

0
33. In Sec.  178.609, revise paragraph (d)(2) to read as follows:


Sec.  178.609  Test requirements for packagings for infectious 
substances.

* * * * *
    (d) * * *
    (2) Where the samples are in the shape of a drum or jerrican, three 
samples must be dropped, one in each of the following orientations:
    (i) Diagonally on the top edge, with the center of gravity directly 
above the point of impact;
    (ii) Diagonally on the base edge; and
    (iii) Flat on the body or side.
* * * * *

0
34. In Sec.  178.706, revise paragraph (c)(3) to read as follows:


Sec.  178.706  Standards for rigid plastic IBCs.

* * * * *
    (c) * * *
    (3) No used material other than production residues or regrind from 
the same manufacturing process may be used in the manufacture of rigid 
plastic IBCs unless approved by the Associate Administrator.
* * * * *

0
35. In Sec.  178.707, revise paragraph (c)(3)(iii) to read as follows:


Sec.  178.707  Standards for composite IBCs.

* * * * *
    (c) * * *
    (3) * * *
    (iii) No used material, other than production residues or regrind 
from the same manufacturing process, may be used in the manufacture of 
inner receptacles unless approved by the Associate Administrator.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
36. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
37. In Sec.  180.207, revise paragraphs (d)(3) and (5) and add 
paragraph (d)(8) to read as follows:


Sec.  180.207  Requirements for requalification of UN pressure 
receptacles.

* * * * *
    (d) * * *
    (3) Dissolved acetylene UN cylinders: Each dissolved acetylene 
cylinder must be requalified in accordance with ISO 10462:2013(E)/Amd 
1:2019 (IBR, see Sec.  171.7 of this subchapter). However, a cylinder 
may continue to be requalified in accordance with ISO 10462:2013(E) 
(IBR, see Sec.  171.7 of this subchapter) without the supplemental 
amendment until December 31, 2024. Further, a cylinder requalified in 
accordance with ISO 10462:2013(E) until December 31, 2018, may continue 
to be used until its next required requalification. The porous mass and 
the shell must be requalified no sooner than three (3) years, six (6) 
months, from the date of manufacture. Thereafter, subsequent 
requalifications of the porous mass and shell must be performed at 
least once every 10 years.
* * * * *
    (5) UN cylinders for adsorbed gases: Each UN cylinder for adsorbed 
gases must be inspected and tested in accordance with Sec.  173.302c of 
this subchapter and ISO 11513:2019(E) (IBR, see Sec.  171.7 of this 
subchapter). However, a UN cylinder may continue to be requalified in 
accordance with ISO 11513:2011(E) (IBR, see Sec.  171.7 of this 
subchapter) until December 31, 2024.
* * * * *
    (8) UN pressure drums: UN pressure drums must be inspected and 
tested in accordance with ISO 23088:2020 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

    Issued in Washington, DC, on March 28, 2024, under authority 
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2024-06956 Filed 4-9-24; 8:45 am]
BILLING CODE 4910-60-P