SUPPLEMENTARY INFORMATION:

A. Background

The 20th Revised Edition (2017) ^[1] of the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) was amended so that four Division 1.4S explosives ( i.e., UN0349, UN0367, UN0384, and UN0481) must now pass an additional test ( i.e., the UN 6(d) unconfined package test) to continue to maintain the 1.4S classification. This requirement was also implemented for international air transport in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air on January 1, 2019, and for international vessel transport in the International Maritime Dangerous Goods (IMDG) Code on January 1, 2020.

On May 11, 2020, PHMSA published a final rule titled, “Hazardous Materials: Harmonization with International Standards” [HM-215O; 85 FR 27810].^[2] As part of the HM-215O final rule, PHMSA amended the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to codify this amendment with a mandatory compliance date of May 10, 2021.

PHMSA identified 2,211 EX approvals assigned to the four UN identification numbers (UN ID numbers) (UN0349, UN0367, UN0384, and UN0481) impacted by the required UN 6(d) unconfined package test. These 2,211 EX approvals are held by approximately 145 separate holders. Because of the new UN 6(d) test requirement, existing approvals for the four affected UN ID numbers must be modified in accordance with 49 CFR 107.713(a)(1) to reflect whether EX approval holders have had this test successfully performed.

Approval holders must either show cause why their approvals should not be terminated or apply for a modification of their approval prior to the effective date to avoid termination. EX approval holders have until June 3, 2021, to provide a written response to PHMSA either to request that PHMSA modify their approval(s) or otherwise show cause as to why their approval(s) should not be terminated, as required by 49 CFR 107.713(c)(1). Approvals for which PHMSA does not receive a modification request by June 3, 2021, are subject to termination in a subsequent Federal Register notice.

PHMSA is providing the following options to current holders of an EX approval affected by this requirement. Affected EX approval-holders may:

(1) Request that PHMSA maintain their current classification based on successful completion and passing of the UN 6(d) test;

(2) Modify their EX approval to a higher classification; or

(3) Notify PHMSA that their EX approval is no longer in use and may be terminated.

Requests may be submitted to PHMSA via email at explo@dot.gov or the PHMSA EX Portal at https://portal.phmsa.dot.gov/​PHMSAPortal2.

This notice is primarily intended to reach EX approval holders that have yet to take action or that PHMSA has been unable to contact, and to serve as a Show Cause notice in accordance with 49 CFR 107.713(a)(1) and (c) for all EX approval holders who have not submitted a modification request. Holders of EX approvals who have yet to request a modification of their approval(s) are provided in Table 2. Table 2 below contains a list of EX approval holders by company name indicated in their approval and associated EX approval numbers and UN ID numbers. This table accurately reflects the population of holders from whom PHMSA has yet to receive a request to modify their approval(s) or we have been unable to contact as of March 31, 2021.

B. Requests To Maintain 1.4S Classification

Applicants should submit a request letter as described in 49 CFR 107.705 to PHMSA asking to maintain their EX approval classification as “1.4S.” The application should include a copy of the current EX approval and documentation, such as a report from a DOT-Approved Explosive Test Lab or Competent Authority Approval, that demonstrates completion and passing of the UN 6(d) test. The application will be evaluated, and if deemed satisfactory, the EX approval will be revised with an updated packaging note designating that the classification meets UN 6(d) test criteria.

C. Requests for Modification of EX Approval to a Higher Classification

Applicants should submit a request letter as described in 49 CFR 107.705 to PHMSA asking that the current 1.4S classification on their EX approval be voluntarily up-classed ( i.e., classification changing to a more appropriate classification in the absence of the UN 6(d) test) due to the UN 6(d) test requirement. The application should include a current copy of the EX approval and either the original class recommendation lab report or the Competent Authority Approval document upon which the 1.4S classification was based. The application will be evaluated, and if deemed satisfactory, the EX approval will then be modified to an appropriate classification. These approvals will be modified consistent with the classifications noted in Table 1 below. EX approvals that were issued for either UN0349 or UN0481 materials may also require additional information to determine the most appropriate compatibility group for the explosive or whether there is a more specific proper shipping name (PSN) that should be used.

D. Termination of EX Approval

For those affected EX approvals for which PHMSA receives no notification to maintain or modify the EX approval, they will be subject to termination effective June 3, 2021, in accordance ( printed page 23783) with 49 CFR 173.58(d) and 107.713(c)(2). EX approval holders may also voluntarily submit requests to terminate approvals that are no longer desired. The terminated EX approval may be reissued upon request to an appropriate classification as justified by testing and with a recommendation in accordance with 173.56 or modified to a higher classification.

86 FR 23782