Vol. 80 Thursday, No. 5 January 8, 2015 Part II Department of Transportation Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Harmonization With International Standards (RRR); Final Rule VerDate Sep<11>2014 19:02 Jan 07, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08JAR2.SGM 08JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 1076 Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Rules and Regulations DEPARTMENT OF TRANSPORTATION III. Incorporation by Reference Discussion reduces regulatory compliance costs and Under 1 CFR Part 51 helps to avoid costly frustrations of Pipeline and Hazardous Materials IV. Comment Discussion international shipments. PHMSA’s Safety Administration V. Section-by-Section Review continued leadership in maintaining VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for the consistency with international 49 CFR Parts 171, 172, 173, 175, 176, Rulemaking regulations enhances the hazardous 178 and 180 B. Executive Orders 12866 and 13563 and materials safety program and assists in DOT Regulatory Policies and Procedures maintaining a favorable trade balance. [Docket Nos. PHMSA–2013–0260 (HM– C. Executive Order 13132 215M)] D. Executive Order 13175 II. Background E. Regulatory Flexibility Act, Executive RIN 2137–AF05 PHMSA published a notice of Order 13272, and DOT Policies and proposed rulemaking (NPRM) under Procedures Docket HM–215M (79 FR 50741, August Hazardous Materials: Harmonization F. Paperwork Reduction Act With International Standards (RRR) G. Regulatory Identifier Number (RIN) 25, 2014) to incorporate various H. Unfunded Mandates Reform Act amendments to harmonize the HMR AGENCY: Pipeline and Hazardous I. Environment Assessment with recent changes to the UN Model Materials Safety Administration J. Privacy Act Regulations, the IMDG Code, and the (PHMSA), DOT. K. Executive Order 13609 and International ICAO Technical Instructions. When ACTION: Final rule. Trade Analysis considering alignment of the HMR with I. Executive Summary international standards, we review and SUMMARY: PHMSA is amending the evaluate each amendment on its own Hazardous Materials Regulations to In this final rule, PHMSA is amending merit, on the basis of its overall impact maintain alignment with international the Hazardous Materials Regulations on transportation safety, and on the standards by incorporating various (HMR; 49 CFR parts 171–180) to basis of the economic implications amendments, including changes to incorporate changes adopted in the associated with its adoption into the proper shipping names, hazard classes, IMDG Code, the ICAO Technical HMR. Our goal is to harmonize without packing groups, special provisions, Instructions, and the UN Model diminishing the level of safety currently packaging authorizations, air transport Regulations, effective January 1, 2015. provided by the HMR or imposing quantity limitations, and vessel stowage These changes ensure the domestic undue burdens on the regulated requirements. These revisions are hazard classification, hazard community. necessary to harmonize the Hazardous communication and packaging Based on this review and evaluation, Materials Regulations with recent requirements are consistent with those in this final rule, PHMSA is amending changes made to the International employed throughout the world. the HMR to incorporate changes from Maritime Dangerous Goods (IMDG) Federal law and policy strongly favor the 18th Revised Edition of the UN Code, the International Civil Aviation the harmonization of domestic and Model Regulations, Amendment 37–14 Organization’s Technical Instructions international standards for hazardous to the IMDG Code, and the 2015–2016 (ICAO TI) for the Safe Transport of materials transportation. The Federal ICAO Technical Instructions, which Dangerous Goods by Air, the United hazardous materials transportation law become effective January 1, 2015 (The Nations Recommendations on the (Federal hazmat law; 49 U.S.C. 5101 et IMDG Code is effective January 1, 2015; Transport of Dangerous Goods (UN seq.) directs PHMSA to participate in however, Amendment 36–12 may Model Regulations) and subsequently relevant international standard-setting continue to be used until January 1, address three petitions for rulemaking. bodies and encourages alignment of the 2016). Notable amendments to the HMR DATES: Effective Date: January 1, 2015. HMR with international transport in this final rule include the following: • Voluntary compliance date: PHMSA standards to the extent practicable while Updating references to international is authorizing voluntary compliance recognizing that deviations may at times regulations including the ICAO beginning January 1, 2015. be necessary to be consistent with the Technical Instructions, the IMDG Code, Delayed compliance date: Unless public interest (see 49 U.S.C. 5120). the UN Model Regulations, the UN otherwise specified, compliance with Harmonization facilitates international Manual of Tests and Criteria the the amendments adopted in this final trade by minimizing the costs and other Canadian Transportation of Dangerous rule is required beginning January 1, burdens of complying with multiple or Goods Regulations and various inconsistent safety requirements for technical standards. 2016. • Incorporation by reference date: The transportation of hazardous materials. Adding, revising, or removing incorporation by reference of certain Harmonization has also become certain proper shipping names, hazard publications listed in this rule is increasingly important as the volume of classes, packing groups, special approved by the Director of the Federal hazardous materials transported in provisions, packaging authorizations, Register as of January 1, 2015. international commerce grows. Safety is bulk packaging requirements, and often enhanced by creating a uniform passenger and cargo aircraft maximum FOR FURTHER INFORMATION CONTACT: framework for compliance. PHMSA quantity limits from the Hazardous Steven Webb, Office of Hazardous actively participates in relevant Materials Table (HMT). Materials Standards or Vincent Babich, international standard-setting bodies • Adopting an exception from the International Standards, telephone (202) and promotes the adoption of standards HMR for marine pollutants up to 5 L 366–8553, Pipeline and Hazardous consistent with the high safety (1.3 gal) for liquids or 5 kg (11 lbs.) for Materials Safety Administration, U.S. standards set by the HMR. solids when these materials are Department of Transportation, 1200 The foreign trade of chemicals is a packaged in accordance with the general New Jersey Avenue SE., 2nd Floor, large segment of the United States packaging requirements of §§ 173.24 Washington, DC 20590–0001. economy. In 2000, U.S. foreign trade in and 173.24a. These exceptions are SUPPLEMENTARY INFORMATION: chemicals totaled $154 billion and consistent with the UN Model I. Executive Summary generated a $6 billion positive trade Regulations, the IMDG Code, and the II. Background balance. The consistency of regulations ICAO TI. VerDate Sep<11>2014 19:02 Jan 07, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08JAR2.SGM 08JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 5 / Thursday, January 8, 2015 / Rules and Regulations 1077 • Modifying the list of marine IV. Comment Discussion general support from the commenters on pollutants in Appendix B to § 172.101. In response to PHMSA’s August 25, the principle of harmonizing the U.S. • Adding minimum sizes for the 2014 NPRM (79 FR 50741), PHMSA regulations with international transport OVERPACK and SALVAGE markings. received comments from the following and technical standards. We did not • Revising and adding vessel stowage receive any comments that opposed our codes listed in column 10B of the HMT organizations and individuals: • Aaron Adamczyk proposals to incorporate these standards and segregation requirements in • Alaska Airlines and will adopt them in this final rule. § 176.83 consistent with the IMDG • American Chemistry Council (ACC) Code. Exceptions for Marine Pollutants • American Society of Travel Agents • Adsorbed gases: Adopting new In the NPRM, PHMSA proposed to • Anonymous entries into the HMR; adding a add a new exception from the HMR to • Autoliv definition; authorizing packagings; and • Carla Clark § 171.4 for marine pollutants up to 5 L adding safety requirements including • The Council on Safe Transportation (1.3 gallons) for liquids or 5 kg (11 lbs) quantity limitations and filling limits. of Hazardous Articles, Inc. (COSTHA) for solids when these materials are • Harmonizing with the latest version • The Dangerous Goods Advisory packaged in accordance with the general of the ICAO TI to ensure that the Council (DGAC) packaging requirements of §§ 173.24 information currently authorized by the • Dow Chemical and 173.24a. HMR to be provided by means of an • Edward Altemos PHMSA received comments from alternative document be included on a • Entegris Gregory Sutherland, DGAC, IVODGA, shipping paper for batteries transported • Gregory Sutherland and COSTHA concerning our proposed under the provisions of • The Institute of Makers of amendments to this section. General § 173.185(c)(4)(v) equivalent to Section Explosives (IME) support for the harmonization effort was IB of ICAO TI Packing Instructions 965 • International Vessel Operators provided by COSTHA, IVODGA, and and 968. PHMSA is also harmonizing