Billing Code - PHMSA - Department of Transportation

commerce are consistent with standards adopted by international authorities. This final
rule is amending the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of hazardous material in
international commerce. To this end, as discussed in detail above, PHMSA is
incorporating changes into the HMR based on the 17th Revised Edition of the UN Model
Regulations, Amendment 36-12 to the IMDG Code, and the 2013-2014 ICAO Technical
Instructions, which become effective January 1, 2013. The large volume of hazardous
materials transported in international commerce warrants the harmonization of domestic
and international requirements to the greatest extent possible.
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures.
This final rule is not considered a significant regulatory action under section 3(f) of
Executive Order 12866 (“Regulatory Planning and Review”) and, therefore, was not
reviewed by the Office of Management and Budget. This final rule is not considered a
significant rule under the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034). Additionally, E.O. 13563 (“Improving Regulation and
Regulatory Review”) supplements and reaffirms E.O. 12866, stressing that, to the extent
permitted by law, an agency rulemaking action must be based on benefits that justify its
costs, impose the least burden, consider cumulative burdens, maximize benefits, use
performance objectives, and assess available alternatives.
Economic Benefits to Harmonization. In this final rule, PHMSA is incorporating
by reference the most recent versions of various international hazardous materials
standards, including the 2013-2014 ICAO Technical Instructions, Amendment 36-12 to the
IMDG Code, and the 17 th Revised Edition of the UN Model Regulations. Additionally,
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