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Federal Register/Vol. 83, No. 228/Tuesday, November 27, 2018/Proposed Rules

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Federal Register/Vol. 83, No. 228/Tuesday, November 27, 2018/Proposed Rules 60970 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules DEPARTMENT OF TRANSPORTATION Instructions: Include the agency name M. National Technology Transfer and and docket number PHMSA–2017–0108 Advancement Act Pipeline and Hazardous Materials (HM–215O)] or RIN 2137–AF32 for this List of Subjects Safety Administration rulemaking at the beginning of your I. Executive Summary comment. Note that all comments The Pipeline and Hazardous Materials 49 CFR Parts 171, 172, 173, 175, 176, received will be posted without change 178 and 180 Safety Administration (PHMSA) to http://www.regulations.gov including proposes to amend the Hazardous [Docket No. PHMSA–2017–0108 (HM–215O)] any personal information provided. If Materials Regulations (HMR; 49 CFR sent by mail, comments must be RIN 2137–AF32 parts 171 to 180) to maintain alignment submitted in duplicate. Persons wishing with international regulations and to receive confirmation of receipt of Hazardous Materials: Harmonization standards by incorporating various their comments must include a self- With International Standards amendments, including changes to addressed stamped postcard. proper shipping names, hazard classes, AGENCY: Pipeline and Hazardous Privacy Act: Anyone is able to search packing groups, special provisions, Materials Safety Administration the electronic form of any written packaging authorizations, air transport (PHMSA), Department of Transportation communications and comments quantity limitations, and vessel stowage (DOT). received into any of our dockets by the requirements. This rulemaking project is ACTION: Notice of proposed rulemaking name of the individual submitting the part of our ongoing biennial process to (NPRM). document (or signing the document, if harmonize the HMR with international submitted on behalf of an association, regulations and standards. SUMMARY: The Pipeline and Hazardous business, labor union, etc.). You may In this NPRM, PHMSA proposes to Materials Safety Administration review DOT’s complete Privacy Act amend the HMR to maintain alignment (PHMSA) proposes to amend the Statement in the Federal Register with various international standards. Hazardous Materials Regulations (HMR) published on April 11, 2000 (65 FR The following are some of the more to maintain alignment with 19477), or you may visit http:// noteworthy proposals set forth in this international regulations and standards www.regulations.gov. NPRM: by incorporating various amendments, Docket: You may view the public • Incorporation by Reference: including changes to proper shipping docket through the internet at http:// PHMSA proposes to incorporate by names, hazard classes, packing groups, www.regulations.gov or in person at the reference the newest versions of various special provisions, packaging Docket Operations office at the above international hazardous materials authorizations, air transport quantity address (See ADDRESSES). (hazmat) standards, including: The limitations, and vessel stowage FOR FURTHER INFORMATION CONTACT: 2019–2020 Edition of the International requirements. These revisions are Civil Aviation Organization Technical necessary to harmonize the HMR with Steven Webb, International Program or Aaron Wiener, International Program, Instructions for the Safe Transport of recent changes made to the International Dangerous Goods by Air (ICAO Maritime Dangerous Goods Code, the telephone (202) 366–8553, Pipeline and Hazardous Materials Safety Technical Instructions); Amendment International Civil Aviation 39–18 to the International Maritime Organization’s Technical Instructions Administration, U.S. Department of Transportation, 1200 New Jersey Dangerous Goods Code (IMDG Code); for the Safe Transport of Dangerous the 20th Revised Edition of the United Goods by Air, and the United Nations Avenue SE, East Building, 2nd Floor, Washington, DC 20590–0001. Nations Recommendations on the Recommendations on the Transport of Transport of Dangerous Goods (UN Dangerous Goods—Model Regulations. SUPPLEMENTARY INFORMATION: Model Regulations); Amendment 1 to Additionally, PHMSA proposes several Table of Contents the 6th Revised Edition of the UN amendments to the HMR that would Manual of Tests and Criteria; and the allow for increased alignment with the I. Executive Summary II. Background 7th Revised Edition of the Globally Transport Canada, Transportation of Harmonized System of Classification Dangerous Goods (TDG) Regulations. III. Incorporation by Reference Discussion Under 1 CFR part 51 and Labelling of Chemicals (GHS). DATES: Comments must be received by IV. Harmonization Proposals in This NPRM Additionally, we propose to update our January 28, 2019. V. Amendments Not Being Considered for incorporation by reference of the ADDRESSES: You may submit comments Adoption in This NPRM Transport Canada TDG Regulations to by any of the following methods: VI. Section-by-Section Review include: SOR/2016–95 published June • Federal Rulemaking Portal: http:// VII. Regulatory Analyses and Notices 1, 2016; SOR/2017–137 published July www.regulations.gov. Follow the online A. Statutory/Legal Authority for This 12, 2017; and SOR/2017–253 published Rulemaking instructions for submitting comments. B. Executive Order 12866, Executive Order December 13, 2017. Finally, in this • Fax: 1–202–493–2251. NPRM, PHMSA proposes the adoption • 13563, and DOT Regulatory Policies and Mail: Docket Management System; Procedures of updated International Organization U.S. Department of Transportation, C. Executive Order 13771 for Standardization (ISO) standards. Docket Operations, M–30, Ground D. Executive Order 13132 • Hazardous Materials Table: Floor, Room W12–140, 1200 New Jersey E. Executive Order 13175 PHMSA proposes amendments to the Avenue SE, Washington, DC 20590– F. Regulatory Flexibility Act, Executive Hazardous Materials Table (HMT; 0001. Order 13272, and DOT Policies and § 172.101) consistent with recent • Hand Delivery: U.S. Department of Procedures changes in the Dangerous Goods List of Transportation, Docket Operations, M– G. Paperwork Reduction Act the 20th Revised Edition of the UN H. Regulation Identifier Number (RIN) 30, Ground Floor, Room W12–140, 1200 I. Unfunded Mandates Reform Act of 1995 Model Regulations, the IMDG Code, and New Jersey Avenue SE, Washington, DC J. Environment Assessment the ICAO Technical Instructions. 20590–0001 between 9 a.m. and 5 p.m., K. Privacy Act Specifically, we propose amendments to Monday through Friday, except Federal L. Executive Order 13609 and International the HMT to add, revise, or remove holidays. Trade Analysis certain proper shipping names, hazard VerDate Sep<11>2014 18:40 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27NOP2.SGM 27NOP2 amozie on DSK3GDR082PROD with PROPOSALS2 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules 60971 classes, packing groups, special crew. The investigation report cited as benefits of the amendments proposed in provisions, packaging authorizations, a contributing factor the flammable this NPRM justify their aggregate costs. bulk packaging requirements, and materials and lithium ion batteries that Nonetheless, PHMSA solicits comment passenger and cargo aircraft maximum were loaded together either in the same on specific changes (i.e., greater quantity limits. or adjacent pallets. flexibility with regard to a particular • Articles containing dangerous • Alternative criteria for classification amendment) that might improve the goods: PHMSA proposes to add a of corrosive materials: PHMSA proposes rule. classification system for articles to include non-testing alternatives for containing hazardous materials that do classifying corrosive mixtures that uses II. Background not already have a proper shipping existing data on their chemical Federal law and policy strongly favor name. This proposal would address properties. Currently the HMR require the harmonization of domestic and situations in which hazardous materials offerors to classify Class 8 corrosive international standards for hazardous or hazardous materials residues are material and assign a packing group materials transportation. The Federal present in articles, and authorize a safe based on test data. The HMR authorize hazardous materials law (49 U.S.C. 5101 method to transport articles that may be a skin corrosion test and various in vitro et seq.) directs PHMSA to participate in too large to fit into typical packages. test methods that do not involve animal relevant international standard-setting Absent these provisions to package and testing. However, data obtained from bodies and requires alignment of the transport these materials safely, these testing is currently the only data HMR with international transport articles may be offered for transport acceptable for classification and standards to the extent practicable. under provisions that do not adequately assigning a packing group. These Although Federal hazmat law permits account for the physical and chemical alternatives would afford offerors the PHMSA to depart from international properties of the substances and may ability to make a classification and standards to promote safety or other require the issuance of an approval by packing group assignment without the overriding public interest, it otherwise PHMSA’s Associate Administrator for need to conduct physical tests. encourages domestic and international Hazardous Materials Safety. • Provisions for Polymerizing harmonization (see 49 U.S.C. 5120). • Lithium Battery Test
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