[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28544-28548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12067]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, and 173
[Docket No. PHMSA-2025-0093 (HM-268E)]
RIN 2137-AG07
Hazardous Materials: Remove Redundant List of U.S. EPA CERCLA
Hazardous Substances
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This NPRM proposes to revise the Hazardous Materials
Regulations (HMR) to remove redundant pages contained in an Appendix
that repeats references already listed in U.S. Environmental Protection
Agency (EPA) regulations.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0093 using any of the following methods:
E-Gov Web: https://www.regulations.gov. This site allows the public
to enter comments on any Federal Register notice issued by any agency.
Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Please include the docket number PHMSA-2025-0093 at
the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your comments, include a self-addressed stamped postcard.
Internet users may submit comments at https://www.regulations.gov.
Note: Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided. There
is a privacy statement published on https://www.regulations.gov.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments
[[Page 28545]]
from the public to inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public disclosure. It is important that you clearly designate the
comments submitted as CBI if: your comments responsive to this document
contain commercial or financial information that is customarily treated
as private; you actually treat such information as private; and your
comment is relevant or responsive to this notice. You may ask PHMSA to
provide confidential treatment to information you give to the agency by
taking the following steps: (1) mark each page of the original document
submission containing CBI as ``Confidential''; (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information that you are
submitting is CBI. Submissions containing CBI should be sent to Yul B.
Baker Jr., Office of Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, or by email at [email protected].
Any materials PHMSA receives that is not specifically designated as CBI
will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the docket. Alternatively, you may review
the documents in person at the street address listed above.
FOR FURTHER INFORMATION CONTACT: Yul B. Baker Jr., Transportation
Regulations Specialist, 1200 New Jersey Avenue SE, Washington, DC
20590, 202-366-8553, [email protected].
SUPPLEMENTARY INFORMATION:
I. General Discussion
To eliminate redundant and unnecessary requirements in the
hazardous materials regulations (HMR; 49 CFR parts 171-180), PHMSA is
proposing to remove Appendix A to Sec. 172.101--List of Hazardous
Substances and Reportable Quantities and insert a reference to the
Environmental Protection Agency's (EPA) list of hazardous substances
and reportable quantities in the definitions of ``hazardous substance''
and ``reportable quantity'' (see, 40 CFR 302.4). PHMSA is also
proposing a conforming revision to requirements for empty packagings to
remove reference to the now deleted Appendix A. Finally, PHMSA is
proposing an editorial change to rename Appendix B to Sec. 172.101--
List of Marine Pollutants to Appendix A and to revise the definition of
``marine pollutant'' to refer to Appendix A instead of Appendix B based
on these proposed changes. PHMSA does not expect that these proposed
revisions will have any adverse impact on safety.
The Comprehensive Environmental Response, Compensation, and
Liability Act, (CERCLA; 42 U.S.C. 9601 et seq.) provides that ``each
hazardous substance which is listed or designated as provided in
section 9601(14) . . . shall . . . be listed and regulated as a
hazardous material under chapter 51 of title 49.'' 42 U.S.C. 9656. EPA
codified the list of hazardous substances at 40 CFR 302.4 and
periodically updates the list to add, remove or revise entries. Even
though EPA's list of ``hazardous substances'' is effectively
incorporated into the HMR via the definitions that apply to the
transportation of ``hazardous materials'' in Sec. 171.8, PHMSA
nevertheless publishes a separate list of hazardous substances in
Appendix A to Sec. 172.101--List of Hazardous Substances and
Reportable Quantities.
The proposed revisions to the HMR in this NPRM will still satisfy
the intent of the CERCLA statute and improve clarity while also
improving efficiency. Under the current regulations, PHMSA must publish
a rulemaking periodically to update the list as a companion action to
EPA rulemakings that make changes to the 40 CFR 302.4 list. There is
often a time lag between when EPA updates its list through a rulemaking
and when PHMSA issues a corresponding rulemaking. During this delay,
stakeholders have expressed confusion whether a material that is listed
by EPA is regulated by PHMSA as a hazardous material. PHMSA also
receives similar inquiries when reportable quantities for certain
materials are adjusted. Removing the separate list of hazardous
substances in the HMR and referencing EPA's list of hazardous
substances at 40 CFR 302.4 will provide more regulatory certainty. When
a hazardous substance is listed, removed, or the applicable RQ adjusted
by EPA, the material is either subject to the HMR as hazardous
material, no longer subject to the HMR as hazardous material, or the
conditions for applicability have been revised, respectively. PHMSA
does not expect that these proposed revisions will have any adverse
impact on safety.
II. Regulatory Analysis and Notices
A. Legal Authority
This proposed rule is published under the authority of the
Secretary of Transportation set forth in the Federal Hazardous
Materials Transportation laws (49 U.S.C. 5101 et seq.) and delegated to
the PHMSA Administrator pursuant to 49 CFR 1.97.
B. Executive Order 12866, Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and
Review''),\1\ as implemented by DOT Order 2100.6B (``Policies and
Procedures for Rulemaking''), requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.'' DOT
Order 2100.6B specifies that regulations should generally ``not be
issued unless their benefits are expected to exceed their costs.'' In
arriving at those conclusions, E.O. 12866 requires that agencies should
consider ``both quantifiable measures . . . and qualitative measures of
costs and benefits that are difficult to quantify'' and ``maximize net
benefits . . . unless a statute requires another regulatory approach.''
E.O. 12866 also requires that ``agencies should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' DOT Order 2100.6B directs that PHMSA
and other Operating Administrations must generally choose the ``least
costly regulatory alternative that achieves the relevant objectives''
unless required by law or compelling safety need.
---------------------------------------------------------------------------
\1\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------
E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
proposed rule is a not significant regulatory action pursuant to E.O.
12866; it also has not designated this rule as a ``major rule'' as
defined by the Congressional Review Act (5 U.S.C. 801 et seq.).
[[Page 28546]]
PHMSA has complied with the requirements in E.O. 12866 as
implemented by DOT Order 2100.6B and made a preliminary determination
that this proposed rule would result in cost savings to the government
by streamlining regulations and eliminating redundancy. The proposed
rule would also benefit the regulated public by clarifying
applicability and reducing confusion.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.\2\ PHMSA seeks data that would be
helpful to generate an estimate of the cost savings from this rule.
PHMSA's initial estimates are that the total costs of the rule on the
regulated community will be less than zero. Nor does this proposed rule
does implicate any of the factors identified in section 2(a) of E.O.
14219 indicative of a regulation that is ``unlawful . . . [or] that
undermine[s] the national interest.'' \3\
---------------------------------------------------------------------------
\2\ 90 FR 9065 (Jan. 31, 2025).
\3\ 90 FR 10583 (Feb. 19, 2025).
---------------------------------------------------------------------------
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency'') \4\ a national emergency to address the United
States's inadequate energy development production, transportation,
refining, and generation capacity. Similarly, E.O. 14154 (``Unleashing
American Energy'') \5\ asserts a Federal policy to unleash American
energy by ensuing access to abundant supplies of reliable, affordable
energy from (inter alia) the removal of ``undue burden[s]'' on the
identification, development, or use of domestic energy resources. PHMSA
preliminarily finds this proposed rule is consistent with each of E.O.
14156 and E.O. 14154. The proposed regulatory amendments merely
reference U.S. EPA regulations to reduce the size of the HMR and do not
impact energy transportation, development, or use.
---------------------------------------------------------------------------
\4\ 90 FR 8353 (Jan. 29, 2025).
\5\ 90 FR 8353 (Jan. 29, 2025).
---------------------------------------------------------------------------
This proposed rule is not a ``significant energy action'' under
E.O. 13211 (``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use''),\6\ which requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' Because this proposed rule is not a significant action
under E.O. 12866, it will not have a significant adverse effect on
supply, distribution, or energy use; and OIRA has therefore not
designated this proposed rule as a significant energy action.
Therefore, the consultation and funding requirements of E.O. 13132 do
not apply.
---------------------------------------------------------------------------
\6\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
E. Executive Order 13132: Federalism
PHMSA analyzed this proposed rule in accordance with the principles
and criteria contained in E.O. 13132 (``Federalism'') \7\ and the
Presidential Memorandum (``Preemption'') published in the Federal
Register on May 22, 2009.\8\ E.O. 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.'' The Federal
Hazardous Materials Transportation Laws contain 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:
---------------------------------------------------------------------------
\7\ 64 FR 43255 (Aug. 10, 1999).
\8\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This proposed rule addresses covered subject items (1) above and
would preempt state, local, and Tribal requirements not meeting the
``substantively the same'' standard. While the proposed rule may
operate to preempt some State requirements, it would not impose 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 preemptive effect of the regulatory amendments in this
proposed rule is limited to the minimum level necessary to achieve the
objectives of the Federal Hazardous Materials Transportation Laws.
Therefore, the consultation and funding requirements of E.O. 13132 do
not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct an Initial Regulatory Flexibility Analysis
(IRFA) for a proposed rule subject to notice-and-comment rulemaking
under the APA unless the agency head certifies that the proposed rule
in the rulemaking will not have a significant economic impact on a
substantial number of small entities. E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \9\ obliges
agencies to establish procedures promoting compliance with the
Regulatory Flexibility Act. DOT posts its implementing guidance on a
dedicated web page.\10\ This proposed rule was developed in accordance
with E.O. 13272 and DOT implementing guidance to ensure compliance with
the Regulatory Flexibility Act. The proposed rule is expected to reduce
burdens. Therefore, PHMSA certifies the proposed rule does not have a
significant impact on a substantial number of small entities.
---------------------------------------------------------------------------
\9\ 67 FR 53461 (Aug. 16, 2002).
\10\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed Sept 3, 2024).
---------------------------------------------------------------------------
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (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 proposed rule that includes a Federal mandate that may result in
the expenditure by state, local, and Tribal governments, in the
aggregate 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.
This proposed rule does not impose unfunded mandates under UMRA
because it does not result in costs of $100 million or more (in 1996
dollars) per year for either State, local, or Tribal governments, or to
the private sector.
[[Page 28547]]
H. National Environmental Policy Act
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et
seq.) requires that Federal agencies assess and consider the impact of
major Federal actions on the human and natural environment.
PHMSA analyzed this proposed rule in accordance with NEPA and has
preliminarily determined that the rulemaking does not adversely affect
safety and, therefore, will not significantly affect the quality of the
human and natural environment. The public is invited to comment on the
impact of the proposed action.
I. Executive Order 13175
PHMSA analyzed this proposed rule according to the principles and
criteria in E.O. 13175 (``Consultation and Coordination with Indian
Tribal Governments'') \11\ and DOT Order 5301.1A (``Department of
Transportation Tribal Consultation Policies and Procedures''). E.O.
13175 requires agencies to assure meaningful and timely input from
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 or distribution of
power between the Federal government and Tribes.
---------------------------------------------------------------------------
\11\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------
PHMSA assessed the impact of the proposed rule and determined that
it does not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's regulatory amendments have
a broad, national scope; therefore, this proposed rule does not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Native American Tribal governments or
mandate Tribal action. For these reasons, PHMSA has concluded that the
funding and consultation requirements of E.O. 13175 and DOT Order
5301.1A do not apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. This proposed rule does not create, amend, or rescind any
existing information collections.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation'')
\12\ requires 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.
---------------------------------------------------------------------------
\12\ 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),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, 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 engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of this proposed rule and has determined that its regulatory
amendments do not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (``Improving the Nation's Cybersecurity'') \13\ 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 this proposed rule and
has determined that its regulatory amendments would not materially
affect the cybersecurity risk profile for affected entities.
---------------------------------------------------------------------------
\13\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------
List of Subjects
49 CFR Part 171
Definitions, Exports, Hazardous materials transportation, Hazardous
waste, Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, 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.
In consideration of the foregoing, PHMSA proposes to amend 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. 171.8, revise the definitions for ``hazardous substance,''
``marine pollutant,'' and ``reportable quantity'' in alphabetic order
to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Hazardous substance for the purposes of this subchapter, means a
material, including its mixtures and solutions, that--
(1) Is listed in 40 CFR 302.4;
(2) Is in a quantity, in one package, which equals or exceeds the
reportable quantity (RQ) listed in the 40 CFR 302.4; and
(3) When in a mixture or solution--
(i) For radionuclides, the following requirements shall be used in
determining if a package contains an RQ of a hazardous substance: (a)
if the identity and quantity (in curies or terabecquerels) of each
radionuclide in a mixture or solution is known, the ratio between the
quantity per package (in curies or terabecquerels) and the RQ for the
radionuclide must be determined for each radionuclide. A package
contains an RQ of a hazardous substance when the sum of the ratios for
the radionuclides in the mixture or solution is equal to or greater
than one; (b) if the identity of each radionuclide in a mixture or
solution is known but the quantity per package (in curies or
[[Page 28548]]
terabecquerels) of one or more of the radionuclides is unknown, an RQ
of a hazardous substance is present in a package when the total
quantity (in curies or terabecquerels) of the mixture or solution is
equal to or greater than the lowest RQ of any individual radionuclide
in the mixture or solution; and (c) if the identity of one or more
radionuclides in a mixture or solution is unknown (or if the identity
of a radionuclide by itself is unknown), an RQ of a hazardous substance
is present when the total quantity (in curies or terabecquerels) in a
package is equal to or greater than either one curie or the lowest RQ
of any known individual radionuclide in the mixture or solution,
whichever is lower.
(ii) For other than radionuclides, is in a concentration by weight
which equals or exceeds the concentration corresponding to the RQ of
the material, as shown in the following table:
------------------------------------------------------------------------
Concentration by weight
RQ pounds (kilograms) -------------------------------
Percent PPM
------------------------------------------------------------------------
5,000 (2,270)........................... 10 100,000
1,000 (454)............................. 2 20,000
100 (45.4).............................. 0.2 2,000
10 (4.54)............................... 0.02 200
1 (0.454)............................... 0.002 20
------------------------------------------------------------------------
The term does not include petroleum, including crude oil or any
fraction thereof which is not otherwise specifically listed or
designated as a hazardous substance in 40 CFR 302.4, and the term does
not include natural gas, natural gas liquids, liquefied natural gas, or
synthetic gas usable for fuel (or mixtures of natural gas and such
synthetic gas).
* * * * *
Marine pollutant means a material which is listed in Appendix A to
Sec. 172.101 of this subchapter (also see Sec. 171.4) and, when in a
solution or mixture of one or more marine pollutants, is packaged in a
concentration which equals or exceeds:
(1) Ten percent by weight of the solution or mixture for materials
listed in the appendix; or
(2) One percent by weight of the solution or mixture for materials
that are identified as severe marine pollutants in the appendix.
* * * * *
Reportable quantity (RQ) for the purposes of this subchapter, means
the final RQ quantity specified for any material identified in 40 CFR
302.4.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
3. 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.
Sec. 172.101 [Amended]
0
4. Amend Sec. 172.101 to:
0
a. Delete current ``Appendix A to Sec. 172.101--List of Hazardous
Substances and Reportable Quantities'' including Table 1 to Appendix
A--Hazardous Substances Other Than Radionuclides and Table 2 to
Appendix A--Radionuclides; and
0
b. Revise ``Appendix B to Sec. 172.101--List of Marine Pollutants'' by
renaming it ``Appendix A to Sec. 172.101--List of Marine Pollutants''.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
5. 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
6. In Sec. 173.29, revise paragraph (h) to read as follows:
Sec. 173.29 Empty packagings.
* * * * *
(h) A package that contains a residue of a hazardous substance,
Class 9, that does not meet the definition of another hazard class and
is not a hazardous waste or marine pollutant, may remain marked,
labeled and, if applicable, placarded in the same manner as when it
contained a greater quantity of the material even though it no longer
meets the definition in Sec. 171.8 of this subchapter for a hazardous
substance.
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12067 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P