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  • 60970 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules

    DEPARTMENT OF TRANSPORTATION

    Pipeline and Hazardous Materials Safety Administration

    49 CFR Parts 171, 172, 173, 175, 176, 178 and 180

    [Docket No. PHMSA–2017–0108 (HM–215O)]

    RIN 2137–AF32

    Hazardous Materials: Harmonization With International Standards

    AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM).

    SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that would allow for increased alignment with the Transport Canada, Transportation of Dangerous Goods (TDG) Regulations. DATES: Comments must be received by January 28, 2019. ADDRESSES: You may submit comments by any of the following methods:

    • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments.

    • Fax: 1–202–493–2251. • Mail: Docket Management System;

    U.S. Department of Transportation, Docket Operations, M–30, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001.

    • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Instructions: Include the agency name and docket number PHMSA–2017–0108 (HM–215O)] or RIN 2137–AF32 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self- addressed stamped postcard.

    Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http:// www.regulations.gov.

    Docket: You may view the public docket through the internet at http:// www.regulations.gov or in person at the Docket Operations office at the above address (See ADDRESSES). FOR FURTHER INFORMATION CONTACT: Steven Webb, International Program or Aaron Wiener, International Program, telephone (202) 366–8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION:

    Table of Contents

    I. Executive Summary II. Background III. Incorporation by Reference Discussion

    Under 1 CFR part 51 IV. Harmonization Proposals in This NPRM V. Amendments Not Being Considered for

    Adoption in This NPRM VI. Section-by-Section Review VII. Regulatory Analyses and Notices

    A. Statutory/Legal Authority for This Rulemaking

    B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures

    C. Executive Order 13771 D. Executive Order 13132 E. Executive Order 13175 F. Regulatory Flexibility Act, Executive

    Order 13272, and DOT Policies and Procedures

    G. Paperwork Reduction Act H. Regulation Identifier Number (RIN) I. Unfunded Mandates Reform Act of 1995 J. Environment Assessment K. Privacy Act L. Executive Order 13609 and International

    Trade Analysis

    M. National Technology Transfer and Advancement Act

    List of Subjects

    I. Executive Summary The Pipeline and Hazardous Materials

    Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This rulemaking project is part of our ongoing biennial process to harmonize the HMR with international regulations and standards.

    In this NPRM, PHMSA proposes to amend the HMR to maintain alignment with various international standards. The following are some of the more noteworthy proposals set forth in this NPRM:

    • Incorporation by Reference: PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials (hazmat) standards, including: The 2019–2020 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 39–18 to the International Maritime Dangerous Goods Code (IMDG Code); the 20th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); Amendment 1 to the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 7th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). Additionally, we propose to update our incorporation by reference of the Transport Canada TDG Regulations to include: SOR/2016–95 published June 1, 2016; SOR/2017–137 published July 12, 2017; and SOR/2017–253 published December 13, 2017. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards.

    • Hazardous Materials Table: PHMSA proposes amendments to the Hazardous Materials Table (HMT; § 172.101) consistent with recent changes in the Dangerous Goods List of the 20th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. Specifically, we propose amendments to the HMT to add, revise, or remove certain proper shipping names, hazard

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  • 60971 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules

    1 HM–215A [59 FR 67390]; HM–215B [62 FR 24690]; HM–215C [64 FR 10742]; HM–215D [66 FR 33316]; HM–215E [68 FR 44992]; HM–215G [69 FR 76044]; HM–215I [71 FR 78595]; HM–215J [74 FR 2200]; HM–215K [76 FR 3308]; HM–215L [78 FR 987]; HM–215M [80 FR 1075]; and HM–215N [82 FR 15796].

    classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.

    • Articles containing dangerous goods: PHMSA proposes to add a classification system for articles containing hazardous materials that do not already have a proper shipping name. This proposal would address situations in which hazardous materials or hazardous materials residues are present in articles, and authorize a safe method to transport articles that may be too large to fit into typical packages. Absent these provisions to package and transport these materials safely, these articles may be offered for transport under provisions that do not adequately account for the physical and chemical properties of the substances and may require the issuance of an approval by PHMSA’s Associate Administrator for Hazardous Materials Safety.

    • Lithium Battery Test Summary: PHMSA proposes the inclusion of a lithium battery test summary requirement. The HMR require lithium battery manufacturers to subject their batteries to appropriate UN design tests to ensure they are classified correctly for transport, and develop records of successful test completion. The proposed test summary would include a standardized set of elements that provide traceability and accountability, thereby ensuring that lithium cell and battery designs offered for transport meet the appropriate UN tests.

    • Baggage Equipped with Lithium Batteries: PHMSA proposes to amend the aircraft passenger provisions for carriage of baggage equipped with lithium batteries intended to power features such as location tracking, battery charging, digital weighing, or motors (sometimes referred to as ‘‘smart luggage’’). Specifically, baggage equipped with a

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