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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules in accordance with the second edition was authorized until December 31, 2018
in 180.207d3. This date has since passed and, therefore, PHMSA proposes removing reference from this Section of the HMR. Consistent with this revision, the incorporation by reference of the second edition is removed from 171.7w of the HMR. Additionally, acetylene cylinders requalified in accordance with the second edition before December 31, 2018, must be subsequently requalified in accordance with referenced third edition. PHMSA
expects that these amendments will enhance safety by providing cylinder users with the necessary guidelines for the continued use of UN cylinders.
The proposed regulatory text references ISO 10462:2013E, which was previously approved for incorporation by reference in this section, and no changes are proposed for this standard.
VI. Regulatory Analyses and Notices
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A. Statutory/Legal Authority for This Rulemaking This NPRM is published under the authority of Federal hazardous materials transportation law. Section 5103b authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. Additionally, 49 U.S.C. 5120
authorizes the Secretary to consult with interested international authorities to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with the standards adopted
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by international authorities. The Secretary has delegated the authority granted in the Federal hazardous materials transportation law to the PHMSA Administrator at 49 CFR
1.97b.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures Executive Order 12866 Regulatory Planning and Review 33 requires agencies to regulate in the most costeffective manner, to make a reasoned determination that the benefits of the intended regulation justify its costs, and to develop regulations that impose the least burden on society. Similarly, DOT Order 2100.6A Policies and Procedures for Rulemakings requires that PHMSA rulemaking actions include an assessment of the potential benefits, costs, and other important impacts of the regulatory action, and to the extent practicable the benefits, costs, and any significant distributional impacts, including any environmental impacts.
Executive Order 12866 and DOT
Order 2100.6A require that PHMSA
submit significant regulatory actions to the Office of Management and Budget OMB for review. This rulemaking is not considered a significant regulatory action under section 3f of Executive Order 12866 and, therefore, was not formally reviewed by OMB. This rulemaking is also not considered a significant rule under DOT Order 2100.6A.
The following is a brief summary of costs, savings and net benefits of some of the amendments proposed in this 33 58

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notice. PHMSA has developed a more detailed analysis of these costs and benefits in the preliminary regulatory impact analysis PRIA, a copy of which has been placed in the docket. PHMSA
seeks public comment on its proposed revisions to the HMR and the preliminary cost and benefit analyses in the PRIA.
PHMSA proposes to amend the HMR
to maintain alignment with international regulations and standards, thereby maintaining the high safety standard currently achieved under the HMR, facilitating the safe transportation of critical vaccines and other medical materials associated with the response to the COVID19 public health emergency, and aligning HMR
requirements with anticipated increases in the volume of lithium batteries transported in interstate commerce from electrification of the transportation and other economic sectors. PHMSA
examined the likely impacts of finalizing and implementing the provisions proposed in the NPRM in order to assess the benefits and costs of these amendments. This analysis allowed PHMSA to quantitatively assess the material effects of three of the proposed amendments in the rulemaking. The effects of six remaining proposed amendments are not quantified but are assessed qualitatively.
PHMSA estimates that the annualized quantified net cost savings of this rulemaking, using a 7 percent discount rate, are approximately $23.5 to $28.5
million per year. The following table presents a summary of the monetized impacts that these proposed changes may have upon codification.

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