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Vol. 76 Wednesday No. 12 January 19, 2011 Part III Department of Transportation 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air; Final Rule VerDate Mar 15 2010 20:13 Jan 18, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 7217 Sfmt 7217 E:\FR\FM\PARTS3.XXX PARTS3 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS NARA.EPS FR.EPS 3308 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations DEPARTMENT OF TRANSPORTATION I. Background 215D (66 FR 8644, February 1, 2001); II. Primary Topics of Concern Discussed in HM–215E (68 FR 1013, January 8, 2003); Pipeline and Hazardous Materials the ANPRM HM–215G (69 FR 76044, December 20, Safety Administration III. Comments Submitted in Response to 2004); HM–215I (71 FR 78596, Noteworthy Harmonization Amendments Proposed in the August 24, December 29, 2006); and HM–215J (74 49 CFR Parts 171, 172, 173, 175, 176, 2010 NPRM; the Final Rule FR 2200, January 14, 2009)) based on 178, and 180 A. Harmonization Amendments Adopted the corresponding biennial updates of [Docket Nos. PHMSA–2009–0126 (HM– in This Final Rule the UN Model Regulations, the IMDG 215K)] B. Harmonization Amendments Not Code, and the ICAO Technical Considered for Adoption in This Final Instructions. RIN 2137–AE45 Rule To maintain alignment of the HMR IV. Section-by-Section Review with international requirements, in this Hazardous Materials: Harmonization V. Regulatory Analyses and Notices A. Statutory/Legal Authority for the final rule, we are incorporating changes With the United Nations based on the sixteenth revised edition of Recommendations, International Rulemaking B. Executive Order 12866 and DOT the UN Model Regulations, Amendment Maritime Dangerous Goods Code, and Regulatory Policies and Procedures 35–10 to the IMDG Code, and the 2011– the International Civil Aviation C. Executive Order 13132 2012 ICAO TI, which becomes effective Organization Technical Instructions for D. Executive Order 13175 January 1, 2011 (the IMDG Code is the Safe Transport of Dangerous E. Regulatory Flexibility Act, Executive effective January 1, 2012). Goods by Air Order 13272, and DOT Procedures and Federal law and policy strongly favor Policies the harmonization of domestic and AGENCY: Pipeline and Hazardous F. Paperwork Reduction Act Materials Safety Administration G. Regulatory Identifier Number (RIN) international standards for hazardous (PHMSA), DOT. H. Unfunded Mandates Reform Act materials transportation. The Federal I. Environmental Assessment hazardous materials transportation law ACTION: Final rule. J. Privacy Act (Federal hazmat law; 49 U.S.C. 5101 et SUMMARY: PHMSA is amending the K. International Trade Analysis seq.) permits PHMSA to depart from Hazardous Materials Regulations to I. Background international standards in order to maintain alignment with international promote safety or other overriding In a final rule published under Docket standards by incorporating various public interest, but otherwise requires HM–181 (55 FR 52402, December 21, amendments, including changes to PHMSA to align the HMR with 1990), the Research and Special proper shipping names, hazard classes, international transport standards and Programs Administration (RSPA), the requirements to the extent practicable packing groups, special provisions, predecessor agency to the Pipeline and packaging authorizations, air transport (see 49 U.S.C. 5120). Harmonization Hazardous Materials Safety enhances international trade by limited quantities, and vessel stowage Administration (PHMSA), requirements. These revisions are minimizing the costs and other burdens comprehensively revised the Hazardous of complying with multiple or necessary to harmonize the Hazardous Materials Regulations (HMR; 49 CFR Materials Regulations with recent inconsistent safety requirements for Parts 171 to 180) to harmonize U.S. transportation of hazardous materials to changes made to the International hazardous materials transportation Maritime Dangerous Goods Code, the and from the United States. This requirements with the United Nations becomes increasingly important as the International Civil Aviation Recommendations on the Transport of Organization’s Technical Instructions volume of international hazardous Dangerous Goods (UN Model materials shipments grows. for the Safe Transport of Dangerous Regulations). The UN Model Goods by Air, and the United Nations Harmonization also enhances safety for Regulations are not regulations, but international movements, but only if the Recommendations on the Transport of rather are recommendations issued by Dangerous Goods—Model Regulations. international standards themselves the UN Committee of Experts on the provide an appropriate level of safety. DATES: Effective date: January 19, 2011. Transport of Dangerous Goods PHMSA actively participates in the Voluntary compliance date: PHMSA (UNSCOE) and the Globally development of international standards is authorizing voluntary compliance Harmonized System of Classification for the transportation of hazardous beginning January 1, 2011. and Labeling of Chemicals (GHS). These Delayed compliance date: materials, frequently advocating the Model Regulations are amended and adoption in international standards of Compliance with the amendments updated biennially by the UNSCOE and adopted in this final rule is required particular HMR requirements. serve as the basis for national, regional, When considering the adoption of beginning January 1, 2012. and international modal regulations, international standards under the HMR, Incorporation by reference date: The including the International Maritime we review and evaluate each incorporation by reference of certain Organization’s International Maritime amendment on its own merit, on the publications listed in this rule is Dangerous Goods Code (IMDG Code) basis of its overall impact on approved by the Director of the Federal and International Civil Aviation transportation safety, and the economic Register as of January 19, 2011. Organization’s Technical Instructions implications associated with its FOR FURTHER INFORMATION CONTACT: for the Safe Transport of Dangerous adoption into the HMR. Our goal is to Michael Stevens, telephone (202) 366– Goods by Air (ICAO Technical harmonize without diminishing the 8553, or Shane Kelley, telephone (202) Instructions). level of safety currently provided by the 366–0656, Standards and Rulemaking Since publication of the 1990 rule, we HMR and not impose undue burdens on Division, Pipeline and Hazardous have issued eight additional the regulated public. Materials Safety Administration, U.S. international harmonization rules Department of Transportation, 1200 (Dockets HM–215A (59 FR 67390, II. Primary Topics of Concern New Jersey Avenue, SE., 2nd Floor, December 29, 1994); HM–215B (62 FR Discussed in the ANPRM Washington, DC 20590–0001. 24690, December 16, 1996); HM–215C PHMSA published an advance notice SUPPLEMENTARY INFORMATION: (63 FR 57929, October 29, 1998); HM– of proposed rulemaking (ANPRM) (74 VerDate Mar<15>2010 18:10 Jan 18, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19JAR3.SGM 19JAR3 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3309 FR 53982, October 21, 2009) supporting adoption of the UN Model to Compatibility Group S indicates that highlighting issues under consideration Regulation limited quantity provisions hazardous effects from accidental for harmonization with international into the HMR. The commenters urged functioning are limited to the extent the standards and requesting comments as PHMSA to move forward and adopt the article or substance does not to whether the HMR should be amended limited quantity provisions as significantly hinder or prohibit fire to incorporate specific international prescribed in the sixteenth revised fighting or emergency response efforts standards and the potential benefits and edition of the UN Model Regulations. in the immediate vicinity of a package costs of doing so. However, several commenters expressed containing the material. The test is Comments on specific harmonization concern that this should not be done at designed to be performed on a single issues covered in the ANPRM are the expense of the ORM–D provisions package containing an explosive article discussed in brief below. Please review currently in the HMR. Some altogether or explosive substance to determine if the notice of proposed rulemaking opposed the elimination of the existing the package is capable of containing any (NPRM) (75 FR 52070, August 24, 2010) provisions for ORM–D materials as part hazardous effects in the event of an for a complete discussion of comments of HM–215K and recommended that any accidental functioning of its contents. to the ANPRM. changes to the requirements be made The amendment is supplemented by A. Limited Quantities and Consumer through a separate rulemaking. revisions to the explosives testing In the NPRM (75 FR 52070, August Commodities standards in the UN Manual of Tests 24, 2010), PHMSA outlined its and Criteria as well as the adoption of PHMSA has long recognized the need determination, partially based on our to authorize limited exceptions for the a new special provision that would perception of favorable comments authorize the