[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Rules and Regulations]
[Pages 39570-39575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10098]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2021-0092 (HM-215Q)]
RIN 2137-AF57


Hazardous Materials: Harmonization With International Standards; 
Correction

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Pipeline and Hazardous Materials Safety Administration is 
correcting a final rule that was published in the Federal Register on 
April 10, 2024. The final rule was published to maintain alignment with 
international regulations and standards by adopting various amendments, 
including changes to proper shipping names, hazard classes, packing 
groups, special provisions, packaging authorizations, air transport 
quantity limitations, and vessel stowage requirements. The corrections 
address several errors to the hazardous material entries in the 
hazardous materials table.

DATES: This correction is effective May 10, 2024.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and 
Rulemaking, or Candace Casey, Standards and Rulemaking, at 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:

I. Background and Need for Technical Corrections

    On April 10, 2024, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA) published a final rule in the Federal Register 
entitled ``Hazardous Materials: Harmonization with International 
Standards.'' \1\ In the final rule, the amendatory instruction 19c for 
the revision of Table 4 to paragraph (g) in Sec.  173.225 should have 
read: ``In newly designated Table 4 to paragraph (g), under UN No. 
3109, and above ``tert-Butyl hydroperoxide, not more than 72% with 
water'' add an entry for ``tert-Butyl hydroperoxide, not more than 56% 
with diluent type B\2\'' and revise the Notes after newly designated 
table 4 to paragraph (g) to read as follows.'' The publication of this 
correction is needed to ensure that the final rule's amendment of Table 
4 to paragraph (g) of Sec.  173.225--which the amendment is effective 
May 10, 2024--will read as intended.
---------------------------------------------------------------------------

    \1\ 89 FR 25434 (Apr. 10, 2024).
---------------------------------------------------------------------------

    Additionally, changes in the final rule included numerous 
amendments to the Sec.  172.101 Hazardous Materials Table (HMT). 
Unfortunately, the amendments to a few of the table entries introduced 
new unintended errors that PHMSA is correcting in this notice. The 
unintended errors are summarized below.
     UN3548, Articles containing miscellaneous dangerous goods, 
n.o.s.: In HM-215Q, PHMSA revised the entry ``UN3548, Articles 
containing miscellaneous dangerous goods, n.o.s.'' to add Special 
Provision A224 to Column 7. Special Provision A224 allows for the 
transport of large articles containing a non-flammable, non-toxic gas 
or environmentally hazardous substances on both passenger aircraft and 
cargo aircraft only under certain conditions. As a part of this HM-215Q 
revision, PHMSA inadvertently removed label code ``9'' from Column 6. 
Label Code ``9'' in Column 6 is necessary to ensure Class 9 labels are 
placed on packages shipped under

[[Page 39571]]

``UN3548, Articles containing miscellaneous dangerous goods, n.o.s.'' 
To meet the original intent of HM-215Q to harmonize with international 
standards, PHMSA is correcting this error in this notice. See ``Section 
III. Corrections.''
     UN3538, Articles containing non-flammable, non-toxic gas, 
n.o.s.: In HM-215Q, PHMSA revised the entry ``UN3538, Articles 
containing non-flammable, non-toxic gas, n.o.s.,'' to add Special 
Provision A225 to Column 7. Special Provision A225 allows for the 
transport of large articles containing a non-flammable, non-toxic gas 
or environmentally hazardous substances on both passenger aircraft and 
cargo aircraft only under certain conditions. As a part of this 
revision, PHMSA inadvertently removed the ``G'' from Column 1 of the 
``UN3538, Articles containing non-flammable, non-toxic gas, n.o.s.'' 
entry. The ``G'' in Column 1 identifies proper shipping names for which 
one or more technical names of the hazardous material must be entered 
in parentheses, in association with the basic description. To meet the 
original intent of HM-215Q to harmonize with international standards, 
PHMSA is correcting this error in this notice. See ``Section III. 
Corrections.''
     UN2922, Corrosive liquids, toxic, n.o.s.: In HM-215Q, 
PHMSA made a revision to the entry ``UN2922, Corrosive liquid, toxic, 
n.o.s.'' to add Special Provision A4 to Column 7. Special Provision A4 
addresses liquids and solids in PG I that also pose an inhalation 
toxicity hazard by limiting or prohibiting their transportation on 
aircraft. As written, the regulatory instructions in HM-215Q might 
inadvertently remove the PG II and III entries for ``UN2922, Corrosive 
liquid, toxic, n.o.s.'' Therefore, the regulatory instruction needs to 
be revised to ensure that PG II and III for ``UN2922, Corrosive liquid, 
toxic, n.o.s.'' are not deleted from the HMT. To meet the original 
intent of HM-215Q to harmonize with international standards, PHMSA is 
correcting this error in this notice. See ``Section III. Corrections.''
     UN2923, Corrosive solids, toxic, n.o.s.: In HM-215Q, PHMSA 
made a revision to the entry ``UN2923, Corrosive solids, toxic, 
n.o.s.'' to add Special Provision A5 to Column 7. Special Provision A5 
addresses liquids and solids in PG I that also pose an inhalation 
toxicity hazard by limiting or prohibiting their transportation on 
aircraft. As written, the regulatory instruction for the HMT might 
inadvertently remove the PG II and III entries for ``UN2923, Corrosive 
solids, toxic, n.o.s.'' Therefore, the regulatory instructions need to 
be revised to ensure that PG II and III for ``UN2923, Corrosive solids, 
toxic, n.o.s.'' are not deleted from the HMT. To meet the original 
intent of HM-215Q to harmonize with international standards, PHMSA is 
correcting this error in this notice. See ``Section III. Corrections.''
     UN0512, Detonators, electronic programmable for blasting: 
In HM-215Q, PHMSA made a revision to the entry ``UN0512, Detonators, 
electronic programmable for blasting.'' In the 2022 HM-215P final rule, 
PHMSA added three new entries for electronic detonators to distinguish 
them from electric detonators, which have different functioning 
characteristics but similar regulatory provisions for their transport 
and incorrectly assigned an obsolete special provision, Special 
Provision 103. In HM-215Q, PHMSA removed the reference to Special 
Provision 103 in Column 7 for UN0512 and replaced it with Special 
Provision 148 consistent with the entry of UN0255. However, in making 
this revision in HM-215Q, PHMSA inadvertently made the word 
``electronic'' in ``UN0512, Detonators, electronic programmable for 
blasting'' in italics. Proper shipping names listed in the HMT are 
limited to those shown in Roman type (not italics). To meet the 
original intent of HM-215Q to harmonize with international standards, 
PHMSA is correcting this error in this notice. See ``Section III. 
Corrections.''
     UN3148, Water-reactive liquid, n.o.s.: In HM-215Q, PHMSA 
made corrections to multiple HMT entries that were inadvertently 
modified in previous rulemakings. Specifically, for the PG II and III 
entries for ``UN3129, Water-reactive liquid, corrosive, n.o.s.'' and 
``UN3148, Water-reactive liquid, n.o.s.,'' the references to the 
exceptions in Sec.  173.151 in Column 8A were removed and replaced with 
the word ``None.'' In doing so however, PHMSA inadvertently made 
revisions to the PG II entry for ``UN3148, Water-reactive liquid, 
n.o.s.,'' that were not intended. This includes inadvertent revisions 
to columns 7, 8B, 8C, 9A, and 9B for the PG II entry for ``UN3148, 
Water-reactive liquid, n.o.s.'' To meet the original intent of HM-215Q 
to harmonize with international standards, PHMSA is correcting this 
error in this notice. See ``Section III. Corrections.''

II. Regulatory Analyses and Notices

A. Statutory/Legal Authority

    Statutory authority for this notice's corrections to the final 
rule, as with the final rule itself, is provided by the Federal 
hazardous materials transportation law (49 U.S.C. 5101 et seq.). The 
Secretary delegated the authority granted in the Federal hazardous 
materials transportation law to the PHMSA Administrator at 49 CFR 
1.97(b).
    PHMSA finds it has good cause to make the technical corrections 
herein without notice and comment pursuant to Section 553(b) of the 
Administrative Procedure Act (APA, 5 U.S.C. 551, et seq.). Section 
553(b)(B) of the APA provides that, when an agency for good cause finds 
that notice and public procedure are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. As explained 
above, the corrections here consists of technical correction to amend 
the amendatory instruction 19c. to Sec.  173.225 which (as published in 
the Federal Register) inadvertently would not make a necessary revision 
to an entry in Table 4 to paragraph (g), as well as cure inadvertent 
omissions of current HMT fields. The publication of these corrections 
are needed to ensure that Sec.  173.225 and the HMT continue to read as 
intended; these technical corrections make no substantive changes to 
the final rule but merely facilitate its implementation. Because the 
final rule is the product of an extensive administrative record with 
numerous opportunities--including through written comments--for public 
comment, PHMSA finds that additional comment on the technical 
corrections herein is unnecessary.
    The May 10, 2024, effective date of the corrections contained in 
this notice is authorized under both Section 553(d)(1) and (3) of the 
APA. Section 553(d)(1) provides that a rule should take effect ``not 
less than 30 days'' after publication in the Federal Register except 
for ``a substantive rule which grants or recognizes an exemption or 
relieves a restriction,'' while Section 553(d)(3) allows for earlier 
effectiveness for good cause found by the agency and published within 
the rule. 5 U.S.C. 553(d)(1), (3). ``The purpose of the thirty-day 
waiting period is to give affected parties a reasonable time to adjust 
their behavior before the final rule takes effect.'' Omnipoint Corp. v. 
F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996). Since this final rule has 
not yet taken effect, the impact on affected parties is minimal and 
such parties will not be adversely impacted by the shortened period 
before the corrections become effective. The correction of amendatory 
instruction 19c. ensures that the intended regulatory language at Table 
4 to paragraph (g) in Sec.  173.225 will be codified in regulation, and 
other

[[Page 39572]]

corrections restore HMT fields that could be inadvertently deleted by 
the final rule; in accordance with 5 U.S.C. 553(d)(1), those 
corrections will be effective May 10, 2024. Moreover, PHMSA finds that 
good cause under Section 553(d)(3) supports making the revisions 
effective May 10, 2024, because the corrections contained in this 
notice are entirely consistent with the final rule--which itself was 
published in April 2024--and help promote timely compliance with the 
final rule's requirements before its May 10, 2024, effective date.

B. Executive Order 12866 and 14094, and DOT Regulatory Policies and 
Procedures

    These corrections have been evaluated in accordance with existing 
policies and procedures and are not considered significant under 
Executive Order 12866 (``Regulatory Planning and Review''),\2\ 
Executive Order 14094 (``Modernizing Regulatory Review''),\3\ and DOT 
Order 2100.6A (``Rulemaking and Guidance Procedures''); therefore, this 
notice has not been reviewed by the Office of Management and Budget 
(OMB) under Executive Order 12866. PHMSA finds that the technical 
corrections herein (in all respects consistent with the final rule) 
neither impose incremental compliance costs nor adversely affect 
safety. Overall, PHMSA expects any impacts on the expected costs and 
benefits of the final rule will be negligible.
---------------------------------------------------------------------------

    \2\ 58 FR 51735 (Oct. 4, 1993).
    \3\ 88 FR 21879 (April 11, 2023).
---------------------------------------------------------------------------

C. Executive Order 13132

    PHMSA has analyzed these corrections in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism'') \4\ and the Presidential memorandum (``Preemption'') 
that was published in the Federal Register on May 22, 2009.\5\ 
Executive Order 13132 requires agencies to assure meaningful and timely 
input by state and local officials in the development of regulatory 
policies that may have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.'' The technical corrections herein are consistent with, 
and merely facilitate compliance with, the final rule, and do not have 
any substantial direct effect on the states, the relationship between 
the national government and the States, or the distribution of power 
and responsibilities among the various levels of government beyond what 
was accounted for in the final rule. This notice does not contain any 
provision that imposes any substantial direct compliance costs on state 
and local governments, nor any new provision that preempts state law. 
Therefore, the consultation and funding requirements of Executive Order 
13132 do not apply.
---------------------------------------------------------------------------

    \4\ 64 FR 43255 (Aug. 10, 1999).
    \5\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

D. Executive Order 13175

    These corrections were analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \6\ and DOT Order 
5301.1A (``Department of Transportation Tribal Consultation Policies 
and Procedures''). Executive Order 13175 and DOT Order 5301.1A require 
DOT Operating Administrations to assure meaningful and timely input 
from Native American tribal government representatives in the 
development of rules that significantly or uniquely affect tribal 
communities by imposing ``substantial direct compliance costs'' or 
``substantial direct effects'' on such communities, or the relationship 
and distribution of power between the Federal Government and Native 
American tribes. Because the technical corrections herein do not have 
Tribal implications or impose substantial direct compliance costs on 
Indian Tribal governments, the funding and consultation requirements of 
Executive Order 13175 do not apply.
---------------------------------------------------------------------------

    \6\ 65 FR 67249 (Nov. 9, 2000).
---------------------------------------------------------------------------

E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies 
and Procedures

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
agencies to review regulations to assess their impact on small entities 
unless the agency head certifies that a rulemaking will not have a 
significant economic impact on a substantial number of small entities 
including small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations under 50,000. The 
Regulatory Flexibility Act directs agencies to establish exceptions and 
differing compliance standards for small businesses, where possible to 
do so and still meet the objectives of applicable regulatory statutes. 
Executive Order 13272 (``Proper Consideration of Small Entities in 
Agency Rulemaking'') \7\ requires agencies to establish procedures and 
policies to promote compliance with the Regulatory Flexibility Act and 
to ``thoroughly review draft rules to assess and take appropriate 
account of the potential impact'' of the rules on small businesses, 
governmental jurisdictions, and small organizations. The DOT posts its 
implementing guidance on a dedicated web page.\8\
---------------------------------------------------------------------------

    \7\ 67 FR 53461 (Aug. 16, 2002).
    \8\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
---------------------------------------------------------------------------

    This corrections document was--like the final rule--developed in 
accordance with Executive Order 13272 and with DOT's procedures and 
policies to promote compliance with the Regulatory Flexibility Act to 
ensure that potential impacts of draft rules on small entities are 
properly considered. These corrections--like the final rule--facilitate 
the transportation of hazardous materials in international commerce by 
providing consistency with international standards. Those corrections 
apply to offerors and carriers of hazardous materials, some of whom are 
small entities, such as chemical manufacturers, users, and suppliers; 
and packaging manufacturers, distributors, and training companies. As 
discussed at length in the regulatory impact analysis (RIA) that 
accompanied the final rule and was posted in the rulemaking docket, the 
amendments in the final rule should result in net cost savings that 
will ease the regulatory compliance burden for those and other entities 
engaged in domestic and international commerce, including trans-border 
shipments within North America. Additionally, the changes in the final 
rule will relieve U.S. companies--including small entities competing in 
foreign markets--from the burden of complying with a dual system of 
regulations. Therefore, PHMSA expects that these corrections--like the 
amendments in the final rule--will not have a significant economic 
impact on a substantial number of small entities. Because the technical 
corrections herein will impose no new incremental compliance costs, 
PHMSA understands the analysis in the RIA remains unchanged.

F. Paperwork Reduction Act

    The corrections in this notice impose no new or revised information 
collection requirements beyond those discussed in the final rule.

G. Unfunded Mandates Reform Act of 1995

    PHMSA analyzed the corrections in this notice under the factors in 
the

[[Page 39573]]

Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) and 
determined that the corrections to the final rule herein do not impose 
enforceable duties on state, local, or tribal governments or on the 
private sector of $100 million or more, adjusted for inflation, in any 
one year. PHMSA prepared an analysis of the UMRA considerations in the 
final RIA for the final rule, which is available in the docket for the 
rulemaking. Because the corrections herein will impose no new 
incremental compliance costs, PHMSA understands the analysis in that 
UMRA discussion for the final rule remains unchanged.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 
et seq.) requires federal agencies to prepare a detailed statement on 
major Federal actions significantly affecting the quality of the human 
environment. PHMSA analyzed the final rule in accordance with NEPA, 
implementing Council on Environmental Quality regulations (40 CFR parts 
1500-1508), and DOT implementing policies (DOT Order 5610.1C, 
``Procedures for Considering Environmental Impacts'') and determined 
the final rule would have not significantly impact on the human 
environment. The corrections to the final rule in this notice have no 
effect on PHMSA's earlier NEPA analysis as they are consistent, and 
merely facilitate compliance with, the final rule.

I. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to inform its rulemaking process. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

J. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609 (``Promoting International Regulatory 
Cooperation''),\9\ agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements. The 
corrections to the final rule in this notice do not impact 
international trade.
---------------------------------------------------------------------------

    \9\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

K. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs federal agencies to use voluntary consensus 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specification of 
materials, test methods, or performance requirements) that are 
developed or adopted by voluntary consensus standard bodies. The final 
rule involved multiple voluntary consensus standards which were 
discussed at length in the discussion on Sec.  171.7. The corrections 
herein do not change the final rule's analysis.

L. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'') \10\ 
requires federal agencies to prepare a Statement of Energy Effects for 
any ``significant energy action.'' The corrections herein do not invoke 
any issues under Executive Order 13211.
---------------------------------------------------------------------------

    \10\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

M. Cybersecurity and Executive Order 14028

    Executive Order 14028 (``Improving the Nation's Cybersecurity'') 
\11\ directed the federal government to improve its efforts to 
identify, deter, and respond to ``persistent and increasingly 
sophisticated malicious cyber campaigns.'' The corrections herein do 
not invoke any cybersecurity issues.
---------------------------------------------------------------------------

    \11\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------

N. Severability

    These corrections do not present any issues with severability.

III. Corrections

    PHMSA makes corrections to the regulatory text of the final rule 
document. PHMSA is correctly revising the Sec.  172.101 HMT entries for 
the hazardous materials discussed above in Section I. Additionally, 
PHMSA is correcting the amendatory instruction 19c.

0
In FR Doc. 2024-06956, appearing on page 25434 in the Federal Register 
of Wednesday, April 10, 2024, the following corrections are made:
0
a. On page 25474, revise the entry for ``Articles containing 
miscellaneous dangerous goods, n.o.s.'';
0
b. On page 25474, revise the entry for ``Articles containing non-
flammable, non-toxic gas, n.o.s.'';
0
c. On page 25474, revise the entry for ``Corrosive liquids, toxic, 
n.o.s.'';
0
d. On page 25474, add seven stars in between the ``Corrosive liquids, 
toxic, n.o.s.'' entry and the ``Corrosive solids, toxic, n.o.s.'' 
entry;
0
e. On page 25474, revise the entry for ``Corrosive solids, toxic, 
n.o.s.'';
0
f. On page 25474, revise the entry for ``Detonators, electronic 
programmable for blasting''; and
0
g. On page 25475, revise the entry for ``Water-reactive liquid, 
n.o.s.''.
    The corrections read as follows:


Sec.  172.101  [Corrected]

* * * * *


Sec.  172.101  Hazardous Materials Table

BILLING CODE 4910-60-P

[[Page 39574]]

[GRAPHIC] [TIFF OMITTED] TR09MY24.065


[[Page 39575]]




Sec.  173.225  [Corrected]

0
2. On page 25481, in part 173, in amendment 19c., the instruction 
``Revise newly designated table 4 to paragraph (g).:'' is corrected to 
read ``In newly designated table 4 to paragraph (g), under UN No. 3109, 
and above ``tert-Butyl hydroperoxide, not more than 72% with water'' 
add an entry for ``tert-Butyl hydroperoxide, not more than 56% with 
diluent type B\2\'' and revise the Notes after newly designated table 4 
to paragraph (g) to read as follows''.

    Issued in Washington, DC, on May 3, 2024, under authority 
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2024-10098 Filed 5-8-24; 8:45 am]
BILLING CODE 4910-60-C