Thursday, August 31, 2006 Part II Department of Transportation Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization’s Technical Instructions; Proposed Rule VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51894 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules DEPARTMENT OF TRANSPORTATION number or Regulatory Identification HM–215A, 59 FR 67390; HM–215B, 62 Number (RIN) for this notice. For FR 24690; HM–215C, 64 FR 10742; HM– Pipeline and Hazardous Materials detailed instructions on submitting 215D, 66 FR 33316; HM–215E, 68 FR Safety Administration comments and additional information 44992; and HM–215G, 69 FR 76044). on the rulemaking process, see the The rules provided additional 49 CFR Parts 171, 172, 173, 175, 176, Public Participation heading of the harmonization with international 178 and 180 Supplementary Information section of transportation requirements by more [Docket No. PHMSA–06–25476 (HM–215I)] this document. Note that all comments fully aligning the HMR with the received will be posted, without change, corresponding biennial updates of the RIN 2137–AE16 to http://dms.dot.gov including any UN Recommendations, the IMDG Code personal information provided. Please and the ICAO Technical Instructions. Hazardous Materials: Harmonization With the United Nations see the Privacy Act heading under The UN Recommendations are not Recommendations, International Regulatory Analyses and Notices. regulations, but rather are Docket: For access to the docket to Maritime Dangerous Goods Code, and recommendations issued by the UN read background documents or International Civil Aviation Committee of Experts on the Transport comments received, go to http:// Organization’s Technical Instructions of Dangerous Goods (TDG) and on the dms.dot.gov at any time or to the Docket Globally Harmonized System of AGENCY: Pipeline and Hazardous Management System (see ADDRESSES). Classification and Labelling of Materials Safety Administration FOR FURTHER INFORMATION CONTACT: Chemicals (GHS). These (PHMSA), DOT. Charles Betts, Office of Hazardous recommendations are amended and ACTION: Notice of proposed rulemaking Materials Standards, telephone (202) updated biennially by the UN (NPRM). 366–8553, or Shane Kelley, Committee of Experts. They serve as the International Standards, telephone (202) basis for national, regional, and SUMMARY: PHMSA proposes to amend 366–0656, Pipeline and Hazardous international modal regulations, the Hazardous Materials Regulations to Materials Safety Administration, U.S. including the International Maritime maintain alignment with international Department of Transportation, 400 Organization’s International Maritime standards by incorporating various Seventh Street, SW., Washington, DC Dangerous Goods Code (IMDG Code), amendments, including changes to 20590–0001. and the International Civil Aviation proper shipping names, hazard classes, SUPPLEMENTARY INFORMATION: Organization’s Technical Instructions packing groups, special provisions, for the Transport of Dangerous Goods by packaging authorizations, air transport Contents Air (ICAO Technical Instructions). quantity limitations and vessel stowage I. Background requirements. These revisions are II. Sunset Provision The harmonization of domestic and necessary to harmonize the Hazardous III. Overview of Proposed Changes in the international standards becomes Materials Regulations with recent NPRM increasingly important as the volume of changes to the International Maritime IV. Overview of Amendments Not Being hazardous materials transported in Dangerous Goods Code, the Considered for Adoption in This NPRM international commerce grows. V. Section-by-Section Harmonization serves to facilitate International Civil Aviation VI. Regulatory Analyses and Notices Organization’s Technical Instructions international transportation, while A. Statutory/Legal Authority for This maintaining appropriate protection of for the Safe Transport of Dangerous Rulemaking Goods by Air, and the United Nations B. Executive Order 12866 and DOT people, property, and the environment. Recommendations on the Transport of Regulatory Policies and Procedures Although the intent of the Dangerous Goods. C. Executive Order 13132 harmonization rulemakings is to align the HMR with international standards, DATES: Comments must be received by D. Executive Order 13175 October 16, 2006. E. Regulatory Flexibility Act, Executive we review and consider each Order 13272, and DOT Procedures and amendment on its own merit. Each ADDRESSES: You may submit comments Policies amendment is considered on the basis identified by the docket number F. Paperwork Reduction Act of its overall impact on transportation (PHMSA–06–25476) by any of the G. Regulatory Identifier Number (RIN) safety and the economic implications following methods: H. Unfunded Mandates Reform Act • Federal eRulemaking Portal: http:// I. Environmental Assessment associated with its adoption into the www.regulations.gov. Follow the online J. Privacy Act HMR. Our goal is to harmonize without diminishing the level of safety currently instructions for submitting comments. I. Background • Web Site: http://dms.dot.gov. provided by the HMR and without Follow the instructions for submitting On December 21, 1990, the Research imposing undue burdens on the comments on the DOT electronic docket and Special Programs Administration regulated public. In our efforts to site. (RSPA), the predecessor agency to the continue aligning the HMR with • Fax: 1–202–493–2251. Pipeline and Hazardous Materials Safety international requirements, in this • Mail: Docket Management System; Administration (PHMSA, we) published NPRM, we are proposing to incorporate U.S. Department of Transportation, 400 a final rule (Docket HM–181; 55 FR changes into the HMR based on the Seventh Street, SW., Nassif Building, 52402) based on the UN Fourteenth revised edition of the UN PL–402, Washington, DC 20590–0001. Recommendations on the Transport of Recommendations, Amendment 33 to • Hand Delivery: PL–402 on the plaza Dangerous Goods, to comprehensively the IMDG Code, and the 2007–2008 level of the Nassif Building, 400 revise the Hazardous Materials ICAO Technical Instructions which Seventh Street, SW., Washington, DC Regulations (HMR), 49 CFR parts 171 to become effective January 1, 2007. We between 9 a.m. and 5 p.m., Monday 180, for harmonization with the are also addressing petitions for through Friday, except Federal international standards. Since rulemaking concerning harmonization Holidays. publication of the 1990 final rule, we with international standards and Instructions: All submissions must have issued six additional international additional measures to facilitate include the agency name and docket harmonization final rules, (Dockets international transportation. VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51895 II. Sunset Provision • Revision of the classification regulations that we are not proposing to criteria for PG III flammable liquids. adopt in this NPRM with a brief To assure the HMR account for new • technologies and updated business Revision of the classification explanation of why the amendment was practices, PHMSA is considering criteria and packing group assignment not included: • whether certain requirements proposed for Division 6.1 materials. Environmentally hazardous • Requirements for the transportation in this NPRM should be afforded a substances. The UN Recommendations of fuel cells containing flammable ‘‘sunset’’ provision. If we adopt such a have not yet been adopted by ICAO and liquid. IMO. These changes will be considered provision, certain amendments adopted • Adoption of a one-packet limit for through this rulemaking would expire in a separate rulemaking proceeding. matches carried by airline passengers or • Hazardous materials security. Like after a fixed amount of time (e.g., 10 crew members. years) from the publication date of the the HMR, the UN Recommendations final rule. IV. Overview of International require carriers, consignors and others Harmonizing the HMR with Standards Not Being Considered for engaged in the transport of ‘‘high international transportation Adoption in This NPRM consequence’’ dangerous goods to requirements facilitates the This NPRM proposes changes to the adopt, implement and comply with a transportation of hazardous materials in HMR based on amendments to the security plan that addresses the international commerce by eliminating Fourteenth revised edition of the UN transportation risks associated with the need for shippers and carriers to Recommendations, Amendment 33 to these materials. A major difference comply with two different sets of the IMDG Code, and the 2007–2008 between the HMR and the UN regulations. Certain standards that we ICAO Technical Instructions, which Recommendations is the quantity of are proposing to adopt by reference become effective January 1, 2007. hazardous material that triggers the likely will be updated periodically in However, we are not proposing to adopt requirement for a security plan.