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Billing Code - PHMSA - Department of Transportation

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FBCs. A righting test is used to measure a packaging’s ability to withstand lifting from a<br />

lying position at a given rate <strong>of</strong> speed and is used to determine if a package is suitable to<br />

transport hazardous materials. Thus, <strong>PHMSA</strong> is adding new § 178.1065 entitled “Righting<br />

test.” This section prescribes the preparation <strong>of</strong> test samples, test methods authorized, and<br />

criteria for passing the righting test.<br />

Section 178.1070<br />

In this final rule, <strong>PHMSA</strong> is adopting requirements for tear tests conducted on<br />

FBCs. A tear test is used to measure a packaging’s ability to withstand shearing and<br />

tearing that may be encountered during transportation, such as loading and unloading, and<br />

is used to determine if a package is suitable to transport hazardous materials. Thus,<br />

<strong>PHMSA</strong> is adding new § 178.1070 entitled “Tear test.” This section prescribes the<br />

preparation <strong>of</strong> test samples, test methods authorized, and criteria for passing the tear test.<br />

V. Regulatory Analyses and Notices<br />

A. Statutory/Legal Authority for this Rulemaking<br />

This final rule is published under the following statutory authorities:<br />

1. 49 U.S.C. 5103(b) authorizes the Secretary <strong>of</strong> <strong>Transportation</strong> to prescribe<br />

regulations for the safe transportation, including security, <strong>of</strong> hazardous materials in<br />

intrastate, interstate, and foreign commerce. This final rule amends regulations to maintain<br />

alignment with international standards by incorporating various amendments, including<br />

changes to proper shipping names, hazard classes, packing groups, special provisions,<br />

packaging authorizations, air transport quantity limitations and vessel stowage<br />

requirements. To this end, this final rule amends the HMR to more fully align with the<br />

biennial updates <strong>of</strong> the UN Model Regulations, the IMDG <strong>Code</strong>, and the ICAO Technical<br />

127

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