Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications, 55678-55697 [E7-19138]
Download as PDF
55678
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
Frequency (MHz)
Category
*
10,700–11,700 5 ....................
*
Maximum
beamwidth to 3
dB pts
*
A
B
*
[FR Doc. E7–19342 Filed 9–28–07; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 105, 106, 107, 110, 130,
171, 172, 173, 174, 175, 176, 178, 179
and 180
[Docket No. PHMSA–2007–29245 (HM–244)]
jlentini on PROD1PC65 with RULES
Hazardous Materials Regulations:
Minor Editorial Corrections and
Clarifications
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
17:12 Sep 28, 2007
Jkt 214001
5° to 10°
10° to 15°
*
25
17
38
33.5
*
*
*
*
*
(f) In the 10,700–11,700 MHz band, a
fixed station may employ transmitting
and receiving antennas meeting
performance standard B in any area. If
a Fixed Service or Fixed Satellite
Service licensee or applicant makes a
showing that it is likely to receive
interference from such fixed station and
that such interference would not exist if
the fixed station used an antenna
meeting performance standard A, the
fixed station licensee must modify its
use. Specifically, the fixed station
licensee must either substitute an
antenna meeting performance standard
A or operate its system with an EIRP
reduced so as not to radiate, in the
direction of the other licensee, an EIRP
in excess of that which would be
radiated by a station using a Category A
antenna and operating with the
maximum EIRP allowed by the rules. A
licensee or prior applicant using an
antenna that does not meet performance
Standard A may object to a prior
coordination notice based on
interference only if such interference
would be predicted to exist if the
licensee or prior applicant used an
antenna meeting performance standard
A.
RIN 2137–AE30
Minimum radiation suppression to angle in degrees
from centerline of main beam in decibels
*
2.2
3.5
*
VerDate Aug<31>2005
Minimum
antenna
Gain (dBi)
15° to 20°
*
Dirk
Der Kinderen, Office of Hazardous
Materials Standards, (202) 366–8553,
PHMSA, East Building, PHH–10, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
PHMSA annually reviews the
Hazardous Materials Regulations (HMR;
49 CFR parts 171–180) to identify
typographical and other errors, outdated
addresses or other contact information,
and similar errors. In this final rule, we
are correcting typographical errors;
incorrect CFR references and citations;
inaccurate office names; inconsistent
use of terminology; misstatements of
certain regulatory requirements; and
inadvertent omissions of information. In
addition, this final rule revises the
address for PHMSA to indicate the new
location for the headquarters office.
Because these amendments do not
impose new requirements, notice and
public comment procedures are
unnecessary. By making these
amendments effective without the
customary 30-day delay following
publication, the changes will appear in
the next revision of Title 49.
The following is a summary by
section of the major changes made in
this final rule. The summary does not
include minor editorial corrections such
as punctuation errors, or similar minor
revisions.
Fmt 4700
Sfmt 4700
100° to
140°
42
35
*
Effective date: October 1, 2007.
Frm 00024
*
36
32
33
28
FOR FURTHER INFORMATION CONTACT:
PO 00000
30° to 100°
*
29
24
SUMMARY: This final rule corrects
editorial errors, makes minor regulatory
changes and, in response to requests for
clarification, improves the clarity of
certain provisions in the Hazardous
Materials Regulations (HMR). The
intended effect of this rule is to enhance
the accuracy and reduce
misunderstandings of the regulations.
The amendments contained in this rule
are non-substantive changes that do not
impose new requirements.
DATES:
20° to 30°
*
140° to
180°
*
55
40
55
45
*
II. Section-by-Section Review
Part 107
Section 107.608
This section contains general
requirements for registration. In
paragraph (a), we are removing the
reference to § 107.616(d) for consistency
with revisions made in HM–208F (72 FR
24536; May 3, 2007). The HM–208F
final rule removed paragraph (d) of
§ 107.616.
Part 171
Section 171.6
This section lists approved collections
of information required under the HMR.
In the table in paragraph (b)(2), in the
third column for OMB control number
2137–0557, we are removing the
reference citations to §§ 178.270–3 and
178.270–13. Section 178.270–3 was
removed in an earlier rulemaking, and
we are removing § 178.270–13, which
addresses testing requirements for IM
101 and 102 specification portable tanks
in this final rule. As prescribed in
§ 173.32(c)(2), the manufacture of these
portable tanks is no longer authorized.
Section 171.7
This section lists material
incorporated by reference into the HMR.
In paragraph (a)(3), in the second
column of the table of material
incorporated by reference, for the entry
ASME Code, Sections II (Parts A and B),
V, VIII (Division 1), and IX, we are
removing the reference citations,
§§ 178.270–2 through 178.272–1, which
contain requirements applicable to the
manufacture of IM 101 and 102 portable
tanks, because the manufacture of these
portable tanks is no longer authorized.
Additionally, we are updating a
reference citation for the use of the UN
Recommendations.
Section 171.8
This section lists definitions for terms
used in the HMR. In the definition for
‘‘Administrator,’’ we are correcting the
office name ‘‘Research and Special
Programs Administration’’ to read
‘‘Pipeline and Hazardous Materials
Safety Administration.’’ In the
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
definition for ‘‘Shipping paper,’’ we are
removing the references to ‘‘§§ 172.202,
172.203 and 172.204’’ to clarify that
shipping papers must be prepared in
accordance with the requirements in
subpart C of part 172.
Section 171.14
This section provides transitional
provisions for recently adopted
regulatory changes. In paragraph (d)(6),
we are correcting the citation
‘‘172.202(a)(6)’’ to read ‘‘172.202(a)(7)’’
for consistency with revisions made to
§ 173.202(a) in a final rule published
under docket number HM–215I (71 FR
78596; December 29, 2006).
Section 171.15
This section contains telephonic
notification requirements for certain
hazardous materials transportation
incidents. In paragraph (b)(3), we are
correcting the telephone report
requirements for infectious substances
by removing the term ‘‘diagnostic
specimen’’ since that term no longer
appears in the HMR.
Section 171.23
This section contains requirements for
specific materials and packages
transported under the international
standards. In paragraph (b)(5), we are
correcting requirements by removing an
inaccurate exception for Class 7
(radioactive) materials included in a
final rule published under docket
number HM–215F (72 FR 25162; May 3,
2007).
jlentini on PROD1PC65 with RULES
Part 172
Section 172.101—The Hazardous
Materials Table (HMT)
We are removing the entries ‘‘Heliumoxygen mixture, see Rare gases and
oxygen mixtures,’’ ‘‘Nitrogen, mixtures
with rare gases, see Rare gases and
nitrogen mixtures,’’ and ‘‘Oxygen,
mixtures with rare gases, see Rare gases
and oxygen mixtures.’’ These entries are
being removed for consistency with
revisions made in the final rule
published under docket number HM–
215I.
We are correcting entries in the HMT
as follows:
• For the entries ‘‘Ammonia,
anhydrous,’’ Division 2.3, UN1005,
‘‘Ammonia solution, relative density
less than 0.880 at 15 degrees C in water,
with more than 50 percent ammonia,’’
Division 2.3, UN3318, and ‘‘Ammonia
solutions, relative density less than
0.880 at 15 degrees C in water, with
more than 35 percent but not more than
50 percent ammonia,’’ UN2073, we are
correcting Column (7) by adding ‘‘N87.’’
Special provision ‘‘N87’’ was
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
inadvertently omitted. This correction
appears as a ‘‘Remove/Add’’ in this
rulemaking.
• For the entry ‘‘Articles, explosive,
n.o.s.,’’ UN0353, in Column (6), we are
correcting the label code ‘‘1.4GD’’ to
read ‘‘1.4G.’’
• For the entry ‘‘Articles, explosive,
n.o.s.,’’ UN0467I, in Column (4), we are
correcting the identification number to
read ‘‘UN0467’’ and in Column (5), we
are correcting the packing group to read
‘‘II.’’ This correction appears as a
‘‘Remove/Add’’ in this rulemaking.
• For the entry ‘‘Caesium hydroxide
solution,’’ UN2681, PG III, in Column
(8B), we are correcting the section
reference to read ‘‘203.’’
• For the entry ‘‘Contrivances, wateractivated, with burster, expelling charge
or propelling charge,’’ UN0248, we are
correcting Column (1) by adding ‘‘G.’’
Symbol ‘‘G’’ was inadvertently omitted.
• For the entry ‘‘Contrivances, wateractivated, with burster, expelling charge
or propelling charge,’’ UN0249, we are
correcting Column (1) by adding ‘‘G.’’
Symbol ‘‘G’’ was inadvertently omitted.
• For the entry ‘‘Hydrazine, aqueous
solution, with more than 37%
hydrazine, by mass,’’ UN2030, PG III, in
Column (8A), we are correcting the
section reference to read ‘‘154.’’
• For the entry ‘‘Hydrogendifluorides,
solid, n.o.s.,’’ UN1740, PG II and III, the
proper shipping name is corrected to the
singular form to read
‘‘Hydrogendifluoride, solid, n.o.s.’’ This
correction appears as a ‘‘Remove/Add’’
in this rulemaking.
• For the entry ‘‘Hydrogen peroxide,
aqueous solutions with more than 40
percent but not more than 60 percent
hydrogen peroxide (stabilized as
necessary,) ’’ UN2014, we are correcting
Column (7) by adding ‘‘A60.’’ Special
provision ‘‘A60’’ was inadvertently
omitted.
• For the entry ‘‘Hydrogen peroxide,
aqueous solutions with not less than 8
percent but less than 20 percent
hydrogen peroxide (stabilized as
necessary,) ’’ UN2984, in Column (8C),
we are correcting the section reference
to read ‘‘241.’’
• For the entry ‘‘Nitrocellulose, with
not more than 12.6 percent nitrogen, by
dry mass, or Nitrocellulose mixture with
pigment or Nitrocellulose mixture with
plasticizer or Nitrocellulose mixture
with pigment and plasticizer,’’ UN2557,
we are revising the proper shipping
name in column (2) to read
‘‘Nitrocellulose, with not more than 12.6
percent, by dry mass mixture with or
without plasticizer, with or without
pigment.’’ This revision is being made
for consistency with the description for
UN2557 in the UN Recommendations,
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
55679
and appears as a ‘‘Remove/Add’’ in this
rulemaking.
• For the entry ‘‘4Nitrophenylhydrazine, with not less
than 30% water, by mass,’’ UN3376, in
Column (7) we are correcting Special
provision ‘‘164’’ to read ‘‘162.’’ Special
provision ‘‘164’’ was inadvertently
assigned in place of ‘‘162.’’ This
correction appears as a ‘‘Remove/Add’’
in this rulemaking.
• For the entry ‘‘Organoarsenic
compound, liquid, n.o.s.,’’ UN3280, PG
I, II, and III, the information in the
columns associated with PG I is
corrected by aligning the hazardous
material information with the
appropriate columns. This correction
appears as a ‘‘Remove/Add’’ in this
rulemaking.
• For the entry ‘‘Paint or Paint related
materials,’’ UN3066, PG II and III, the
proper shipping name is corrected to the
singular form to read ‘‘Paint or Paint
related material.’’ This correction
appears as a ‘‘Remove/Add’’ in this
rulemaking.
Section 172.202
Section 172.202 contains
requirements for shipping descriptions
on shipping papers. In paragraph
(a)(6)(vi), we are correcting the wording
‘‘except for UN2800, UN3072, and
UN3166’’ to read ‘‘except for UN2800,
UN2807, UN3072, UN3166 and
UN3171’’ for consistency with the
preamble discussion to § 172.202(a) in
the final rule published under docket
number HM–215I.
Section 172.302
This section establishes general
marking requirements for bulk
packaging. In paragraph (f), we are
revising the last sentence to clarify the
example illustrating a circumstance for
which a bulk packaging need not be
remarked to conform to revisions made
in the shipping name of the material it
contains.
Section 172.303
This section addresses prohibited
marking. In paragraph (a), we are adding
the clarifying language ‘‘or any other
markings indicating that the material is
hazardous (e.g., RQ, INHALATION
HAZARD)’’ for consistency with the
language used elsewhere in the HMR.
Section 172.505
This section sets forth requirements
for placarding for subsidiary hazards. In
paragraph (a), we are correcting the
reference ‘‘§ 172.203(m)(2)’’ to read
‘‘§ 172.203(m).’’ Paragraphs (m)(1) and
(m)(2) were combined into a single
paragraph (m) in a final rule published
E:\FR\FM\01OCR1.SGM
01OCR1
55680
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
under docket number HM–189Y (70 FR
56804; September 23, 2005).
Part 173
Section 173.6
This section establishes exceptions
from certain HMR requirements for
materials of trade. In paragraph (a)(4),
we are correcting the word ‘‘movement’’
to read ‘‘shifting’’ for consistency with
the language used in paragraphs (b)(1)
and (b)(3).
Section 173.22
This section sets forth general shipper
responsibilities. In paragraph (c)(2), we
are removing the acronym ‘‘PHMSA’’
following the wording ‘‘Associate
Administrator,’’ because it is
unnecessary. Section 171.8 defines the
term ‘‘Associate Administrator’’ to mean
the Associate Administrator for
Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety
Administration.
Section 173.31
This section establishes requirements
for the use of railroad tank cars.
Paragraph (g) of this section addresses
tank car loading and unloading
requirements. In paragraph (g)(1), we are
revising the wording ‘‘unloader’’ to read
‘‘each hazmat employee who is
responsible for loading or unloading’’ to
clarify that the requirements of this
section apply to both loading and
unloading operations. In addition, we
are correcting the wording ‘‘blocked’’ to
read ‘‘locked.’’ In paragraph (g)(2), we
are revising the language regarding the
design and display of caution signs for
consistency with the language used in
§ 174.67(a)(4).
jlentini on PROD1PC65 with RULES
Section 173.132
This section contains classification
criteria for Division 6.1 materials. In the
HM–215I final rule, we revised the
toxicity criteria for Division 6.1
materials in § 173.133 to be consistent
with the toxicity criteria adopted in the
United Nations Recommendations on
the Transport of Dangerous Goods (UN
Recommendations). However, the
Division 6.1 definition in § 173.132(a)
was overlooked. Therefore, in paragraph
(a), we are revising the definition of oral
toxicity and inhalation toxicity to be
consistent with our earlier amendments
to § 173.133. Also, in paragraph
(a)(1)(iii)(B), we are correcting the
measurement unit ‘‘mL/mm3 ’’ to read
‘‘mL/m3.’’
Section 173.134
This section contains classification
criteria and establishes exceptions from
certain HMR requirements for Division
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
6.2 materials. In paragraph (a)(8), we are
correcting the wording ‘‘diagnostic
specimen’’ to read ‘‘patient specimen’’
for consistency with changes made in a
final rule published under docket
number HM–226A (71 FR 32244; July 6,
2006).
Sections 173.150, 173.151, 173.152, and
173.154
These sections establish exceptions
from certain HMR requirements for
Class 3, Class 4, Division 5.1, Division
5.2, and Class 8 materials. We are
revising the limited quantity provisions
in each of these sections to clarify that
the labeling exception is not granted to
materials with a Division 6.1 subsidiary
hazard. The amendments disallowing
the labeling exception for limited
quantities of Division 6.1 materials were
included in a final rule under docket
number HM–215G (69 FR 76044;
December 20, 2004), but were
inadvertently omitted when these
provisions were revised under HM–228
(71 FR 14586; March 22, 2006).
Additionally, in § 173.150(d)(2)
pertaining to the carriage of alcoholic
beverages as checked or carry-on
baggage, we are correcting the reference
‘‘175.10(a)(17)’’ to read ‘‘§ 175.10(a)(4).’’
Section 173.199
This section establishes packaging
requirements for Category B infectious
substances. In paragraph (a)
introductory text, we are correcting an
obsolete section reference.
Section 173.225
This section sets forth packaging
requirements for organic peroxides. In
paragraph (c), we are removing ‘‘≥’’ from
Note 17 of the Organic Peroxide Table
and adding ‘‘≤’’ to correct a
typographical error.
Section 173.244
This section sets forth bulk packaging
requirements for certain Division 4.2,
4.3, and 6.1 materials. We are adding a
sentence to the end of paragraph (c) to
clarify DOT 51 and UN portable tanks
used to transport Division 6.1 liquids,
Hazard Zone A or B, must be certified
and stamped to the ASME Code as
prescribed in § 178.273(b)(6).
Section 173.411
This section establishes requirements
for industrial packaging used to
transport Class 7 materials. In paragraph
(b)(5), we are removing the section
citations to §§ 178.270, 178.271, and
178.272 because the manufacture of
portable tanks to the IM 101 and 102
specifications is no longer authorized.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Part 174
Section 174.67
Section 174.67 prescribes procedures
for conducting transloading operations
involving railroad tank cars. In
paragraphs (a)(2), (a)(3), and (a)(4), we
are revising the wording ‘‘the unloader’’
to read ‘‘each hazmat employee who is
responsible for unloading’’ for clarity.
Also, in a final rule published under
docket number HM–223 (68 FR 61941;
October 30, 2003), we redesignated
paragraph (a)(4) containing precautions
when venting a tank car as paragraph
(a)(6) but failed to include the newly
redesignated paragraph in the regulatory
text. Paragraph (a)(6) is added in this
final rule.
Part 175
Section 175.8
This section contains exceptions from
certain HMR requirements for operator
equipment and replacement items
transported by aircraft. In paragraph
(a)(3)(ii), we are correcting the reference
‘‘§ 175.75(a)’’ to read ‘‘§ 175.75(c)’’.
Section 175.75
This section establishes cargo
limitation and stowage requirements for
hazardous materials transported by
aircraft. At the end of paragraph (e)(3),
we are removing the word ‘‘and’’ and
adding a period. The requirements in
paragraphs (e)(3) and (e)(4) are standalone requirements. Paragraph (e)(3),
which outlines conditions for hazardous
materials transported on board a cargo
aircraft, includes a requirement for
written approval by FAA. Paragraph
(e)(4), which outlines conditions for
hazardous materials transported on
board a small, single pilot, cargo
aircraft, does not include a requirement
for FAA approval.
Also, in paragraph (e)(5), we are
revising the ‘‘Quantity and Loading
Tables’’ to correct the formatting errors.
Part 176
Section 176.83
We are reprinting the ‘‘Segregation of
Cargo Transport Units on Board
Hatchless Container Ships’’ table in
§ 176.83(l) to correct formatting errors.
Part 178
Sections 178.270–12, 178.270–13, and
178.270–14
These sections establish requirements
for IM 101 and 102 portable tanks. Most
sections applicable to these portable
tanks were removed from the HMR in a
final rule under docket number HM–
189Z (71 FR 54388; September 14, 2006)
because the manufacture of IM portable
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
tanks is no longer authorized. These
sections were inadvertently not omitted
from that final rule.
Section 178.273
This section sets forth requirements
for approval of specification IM portable
tanks and UN portable tanks. We are
revising the section title and paragraph
(e)(1) to remove references to the IM
portable tanks because manufacture of
those tanks is no longer authorized.
Also, in paragraph (b)(7)(ii), we are
removing the wording ‘‘§ 178.270–14 of
this subchapter for IM portable tanks,
§ 178.245–6 for Specification 51 steel
portable tanks, or’’.
Section 178.274
This section contains specifications
for UN portable tanks. We are revising
paragraph (b)(1) to clarify that portable
tanks used for Zone A or B toxic by
inhalation liquids are required to have
an ASME certification and U stamp as
prescribed in § 178.273(b)(6).
Section 178.348–4
Part 180
Section 180.209
This section establishes
requalification requirements for
cylinders. In the table in paragraph
(i)(1), we are correcting ‘‘3 to 20 years’’
to read ‘‘5 to 20 years’’ for the initial
porous filler requalification of acetylene
cylinders manufactured on or after
January 1, 1991. The change from 3
years to 5 years, adopted in a final rule
published under docket number HM
218B, is correctly stated in footnote 2
following the table.
Section 180.212
This section specifies requirements
for repair of seamless DOT specification
and UN cylinders. In paragraph (b)(2),
we are revising the wording to clarify
that rethreading of cylinders may be
performed by a manufacturer of the type
of cylinder being rethreaded instead of
limiting the work to the original
manufacturer, who may no longer be in
business. This revised wording is
consistent with the wording used in
paragraph (b)(1).
This section specifies pressure relief
requirements for DOT 412 cargo tanks.
In paragraph (d)(3), we are removing a
reference to a formula in obsolete
§ 178.270–11(d)(3) and inserting the
formula, expressed in nonmetric units,
that had been contained in the
referenced section. Section 178.270–11
was removed in a final rule under
docket number HM–189Z.
Section 180.215
This section establishes reporting and
record-retention requirements related to
the qualification, maintenance, and use
of cylinders. We are correcting
paragraph (b) by adding the words ‘‘, if
present’’ after ‘‘manufacturer’s name or
symbol’’ to alleviate confusion by
cylinder requalifiers.
Section 178.606
III. Regulatory Analyses and Notices
This section establishes requirements
for performing the stacking test to
ensure that non-bulk packagings
conform to the performance standard
established in the HMR. In paragraph
(c)(2)(ii), in the stacking test
requirements for a packaging intended
for solids, we are correcting the formula
to include a constant of 2.2 (lbs/kg) to
convert the units on the right side of the
formula to pounds for consistency with
the units of variable ‘‘A’’ in the formula.
In addition, we are including
explanations of the multipliers ‘‘2.2’’
and ‘‘.98’’ in the formula for liquids.
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) of Executive Order 12866
and, therefore, was not reviewed by the
Office of Management and Budget. This
rule is not significant under the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034). This final rule does not impose
new or revised requirements for
hazardous materials shippers or carriers;
therefore, it is not necessary to prepare
a regulatory impact analysis.
Part 179
B. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria in Executive Order 13132
(‘‘Federalism’’). This final rule does not
adopt any regulation that: (1) Has
substantial direct effects 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; or (2) imposes
jlentini on PROD1PC65 with RULES
Section 179.300–19
This section addresses inspection
requirements for newly constructed rail
tank cars. In paragraph (a), we are
revising the wording ‘‘acceptable to the
Bureau of Explosives’’ to read ‘‘as
approved by the Associate
Administrator for Safety, FRA.’’ These
approvals are no longer handled by the
Bureau of Explosives.
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
55681
substantial direct compliance costs on
State and local governments. PHMSA is
not aware of any State, local or Indian
tribe requirements that would be
preempted by correcting editorial errors
and making minor regulatory changes.
This final rule does not have sufficient
federalism impacts to warrant the
preparation of a federalism assessment.
C. Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications, does not impose
substantial direct compliance costs on
Indian tribal governments, and does not
preempt tribal law, the funding and
consultation requirements of Executive
Order 13175 do not apply, and a tribal
summary impact statement is not
required.
D. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
I certify that this final rule will not
have a significant economic impact on
a substantial number of small entities.
This rule makes minor editorial changes
which will not impose any new
requirements on persons subject to the
HMR; thus, there are no direct or
indirect adverse economic impacts for
small units of government, businesses or
other organizations.
E. Unfunded Mandates Reform Act of
1995
This rule does not impose unfunded
mandates under the Unfunded
Mandates Reform Act of 1995. It does
not result in costs of $120.7 million or
more to either State, local, or tribal
governments, in the aggregate, or to the
private sector, and is the least
burdensome alternative that achieves
the objective of the rule.
F. Paperwork Reduction Act
There are no new information
collection requirements in this final
rule.
G. Environmental Impact Analysis
There are no environmental impacts
associated with this final rule.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
E:\FR\FM\01OCR1.SGM
01OCR1
55682
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
Reporting and recordkeeping
requirements.
List of Subjects
Hazardous materials transportation,
Motor vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
49 CFR Part 178
49 CFR Part 105
Administrative practice and
procedure, Hazardous materials
transportation.
and Approvals, U.S. Department of
Transportation, PHH–30, East Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001.
*
*
*
*
*
I 4. In § 105.35, paragraph (b)(3)(ii) is
revised to read as follows:
49 CFR Part 179
§ 105.35 Serving documents in PHMSA
proceedings.
49 CFR Part 106
Administrative practice and
procedure, Hazardous materials
transportation.
Hazardous materials transportation,
Packaging and containers, Railroad
safety, Reporting and recordkeeping
requirements.
*
49 CFR Part 107
Administrative practice and
procedure, Hazardous materials
transportation, Packaging and
containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 180
49 CFR Part 110
Disaster assistance, Education, Grants
program-environmental protection,
Grants program-Indians, Hazardous
materials transportation, Hazardous
substances, Indians, Reporting and
recordkeeping requirements.
I
Hazardous materials transportation,
Motor carriers, Motor vehicle safety,
Packaging and containers, Railroad
safety, Reporting and recordkeeping
requirements.
49 CFR Part 130
Oil pollution, Packaging and
containers, Reporting and recordkeeping
requirements, Transportation.
§§ 105.20, 105.25, and 105.40
[Amended]
Reviewing public documents.
*
49 CFR Part 174
Hazardous materials transportation,
Radioactive materials, Rail carriers,
Railroad safety, Reporting and
recordkeeping requirements.
jlentini on PROD1PC65 with RULES
Authority: 49 U.S.C. 5101–5128, 49 CFR
1.53.
§ 105.25
49 CFR Part 173
Hazardous materials transportation,
Packaging and containers, Radioactive
materials, Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 176
Hazardous materials transportation,
Maritime carriers, Radioactive materials,
Jkt 214001
1. The authority citation for part 105
continues to read as follows:
I
2. In part 105, remove the wording
‘‘400 7th Street, SW.’’ and add in its
place ‘‘East Building, 1200 New Jersey
Avenue, SE.’’ in the following places:
I a. Section 105.20(a)(4);
I b. Section 105.20(b)(3);
I c. Section 105.25(b)(4); and
I d. Section 105.40(d).
I 3. In § 105.25, paragraph (a)
introductory text and paragraph
(b)(2)(iv) are revised to read as follows:
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Packaging and containers,
Reporting and recordkeeping
requirements.
17:12 Sep 28, 2007
PART 105—HAZARDOUS MATERIALS
PROGRAM DEFINITIONS AND
GENERAL PROCEDURES
I
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Incorporated by reference, Imports,
Reporting and recordkeeping
requirements.
VerDate Aug<31>2005
In consideration of the foregoing, 49
CFR Chapter I is amended as follows:
*
*
*
*
(a) DOT Docket Management System.
Unless a particular document says
otherwise, the following documents are
available for public review and copying
at the Department of Transportation’s
Docket Management System, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001, or for
review and downloading through the
Internet at https://www.regulations.gov.
*
*
*
*
*
(b) * * *
(2) * * *
(iv) Applications for special permits
numbered below DOT–E or DOT–SP
11832 and related background
information are available for public
review and copying at the Office of
Hazardous Materials Safety, Office of
Hazardous Materials Special Permits
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
*
*
*
*
(b) * * *
(3) * * *
(ii) Serve documents electronically
through the Internet at https://
www.regulations.gov.
PART 106—RULEMAKING
PROCEDURES
5. The authority citation for part 106
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 49 CFR
1.53.
§§ 106.75, 106.85, and 106.125
[Amended]
6. In part 106, remove the wording
‘‘Room PL 401, 400 7th Street, SW.’’ and
add in its place ‘‘West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE.’’ in the following places:
I a. Section 106.75(d);
I b. Section 106.85(a); and
I c. Section 106.125.
I 7. In § 106.45, paragraph (a)(2)(i) and
(a)(2)(ii) are revised to read as follows:
I
§ 106.45
Tracking rulemaking actions.
*
*
*
*
*
(a) * * *
(2) * * *
(i) Visit the public docket room and
review and copy any docketed materials
during regular business hours. The DOT
Docket Management System is located
at the U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(ii) View and download docketed
materials through the Internet at
https://www.regulations.gov.
*
*
*
*
*
I 8. In § 106.70, paragraph (a)(1) and
(a)(2) are revised to read as follows:
§ 106.70 Where and when to file
comments.
(a) * * *
(1) By mail to: Docket Management
System, U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(2) Through the Internet at https://
www.regulations.gov.
*
*
*
*
*
E:\FR\FM\01OCR1.SGM
01OCR1
55683
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
§ 106.95
[Amended]
§ 107.127
9. In § 106.95, in paragraphs (a) and
(b), remove the wording ‘‘400 7th Street,
SW.’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue, SE.’’
in each place it appears.
I
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
10. The authority citation for part 107
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4 (28 U.S.C. 2461
note); Pub. L. 104–121 sections 212–213;
Pub. L. 104–134 section 31001; 49 CFR 1.45,
1.53.
§§ 107.105, 107.107, 107.109, and 107.705
[Amended]
11. In part 107, remove the wording
‘‘400 7th Street, SW.’’ and add in its
place ‘‘East Building, 1200 New Jersey
Avenue, SE.’’ in the following places:
I a. Section 107.105(a)(1);
I b. Section 107.107(b)(1);
I c. Section 107.109(a)(1); and
I d. Section 107.705(a)(1).
I
§§ 107.325 and 107.402
[Amended]
12. In part 107, remove the wording
‘‘400 Seventh Street, SW.’’ and add in
its place ‘‘East Building, 1200 New
Jersey Avenue, SE.’’ in the following
places:
I a. Section 107.325(a) and (b); and
I b. Section 107.402(a).
I
§§ 107.203 and 107.215
§ 107.502
*
2137–0557
jlentini on PROD1PC65 with RULES
*
[Amended]
19. In § 110.5, in paragraph (c),
remove the wording ‘‘400 Seventh
Street, SW.’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue,
SE.’’.
I
20. The authority citation for part 110
continues to read as follows:
I
Authority: 33 U.S.C. 1321.
§ 130.31
[Amended]
21. In § 130.31, in paragraph (b)(6),
remove the wording ‘‘400 Seventh
Street, SW’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue,
SE.’’.
I
§ 107.608 General registration
requirements.
(a) Each person subject to this subpart
must submit a complete and accurate
registration statement on DOT Form F
5800.2 not later than June 30 for each
registration year, or in time to comply
with paragraph (b) of this section,
whichever is later. Each registration
year begins on July 1 and ends on June
30 of the following year.
*
*
*
*
*
17. The authority citation for part 110
continues to read as follows:
Authority: 49 U.S.C. 5101–5128; 1.53.
§§ 110.30 and 110.120
§ 110.5
PART 130—OIL SPILL PREVENTION
AND RESPONSE PLANS
I
[Amended]
[Amended]
18. In part 110, remove the wording
‘‘400 7th Street, SW.’’ and add in its
place ‘‘East Building, 1200 New Jersey
Avenue, SE.’’ in the following places:
I
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
22. The authority citation for part 171
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub. L. 104–134
section 31001.
23. In § 171.6, in the table in
paragraph (b)(2), the entry for OMB
Control No. ‘‘2137–0557’’ is revised to
read as follows:
I
§ 171.6 Control numbers under the
Paperwork Reduction Act.
*
*
*
(b) * * *
(2) Table.
*
*
Title
Title 49 CFR part or section where identified and described
*
Approvals for Hazardous
Materials
*
*
*
*
*
§§ 107.402, 107.403, 107.405, 107.502, 107.503, 107.705, 107.713, 107.715, 107.717, 107.803,
107.805, 107.807, 110.30, 172.101, 172.102, Special Provisions 19, 26, 53, 55, 60, 105, 118, 121,
125, 129, 131, 133, 136, B45, B55, B61, B69, B77, B81, N10, N72, 173.2a, 173.4, 173.7, 173.21,
173.22, 173.24, 173.31, 173.38, 173.51, 173.56, 173.58, 173.59, 173.124, 173.128, 173.159,
173.166, 173.171, 173.214, 173.222, 173.224, 173.225, 173.245, 173.301, 173.305, 173.306,
173.314, 173.315, 173.316, 173.318, 173.334, 173.340, 173.411, 173.433, 173.457, 173.471,
173.472, 173.476, 174.50, 174.63, 175.8, 175.85, 175.701, 175.703, 176.168, 176.340, 176.704,
178.3, 178.35, 178.47, 178.53, 178.273, 178.274, 178.503, 178.509, 178.605, 178.606, 178.608,
178.801, 178.813, 180.213.
*
*
24. In § 171.7, make the following
changes:
I a. Revise paragraph (a)(2)(i);
I b. In the table in paragraph (a)(3),
under ‘‘American Petroleum Institute’’,
I
VerDate Aug<31>2005
[Amended]
15. In § 107.502, in paragraph (d),
remove the wording ‘‘Room 8310, 400
7th Street, SW’’ and add in its place
‘‘West Building, MC–ECH, 1200 New
Jersey Avenue, SE.’’.
I 16. In § 107.608, paragraph (a) is
revised to read as follows:
PART 110—HAZARDOUS MATERIALS
PUBLIC SECTOR TRAINING AND
PLANNING GRANTS
13. In part 107, remove the wording
‘‘400 7th Street, SW., Suite 8417’’ and
add in its place ‘‘East Building, PHC–1,
1200 New Jersey Avenue, SE.’’ in the
following places:
I a. Section 107.203(b)(1)(i); and
I b. Section 107.215(b)(1)(i).
a. Section 110.30(a) introductory text;
and
I b. Section 110.120.
I
I
I
Current OMB
Control No.
[Amended]
14. In § 107.127, in paragraph (a),
remove the wording ‘‘400 7th Street,
SW., Washington, DC 20590–0001,
Room 8102’’ and add in its place ‘‘East
Building, PHH–30, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001’’ and remove the wording ‘‘https://
dms.dot.gov.’’ and add in its place
‘‘https://www.regulations.gov.’’.
I
17:12 Sep 28, 2007
Jkt 214001
*
*
revise the entry ‘‘API Recommended
Practice Closures of Underground
Petroleum Storage Tanks, 3rd Edition,
March 1996’’;
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
*
*
c. In the table in paragraph (a)(3),
under ‘‘American Society of Mechanical
Engineers’’, revise the entry ‘‘ASME
Code, Sections II (Parts A and B), V, VIII
(Division 1), and IX of 1998 Edition of
I
E:\FR\FM\01OCR1.SGM
01OCR1
55684
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
American Society of Mechanical
Engineers Boiler and Pressure Vessel
Code’’;
I d. In the table in paragraph (a)(3)
under ‘‘International Organization for
Standardization’’, remove the entry
‘‘ISO 82–74(E) Steels Tensile Testing’’;
and
I e. In the table in paragraph (a)(3),
under ‘‘United Nations’’, for the entry
‘‘UN Recommendations on the
Transport of Dangerous Goods,
Fourteenth Revised Edition (2005),
Volumes I and II’’, in the second
column, remove reference citation
‘‘171.28’’ and add in its place ‘‘171.12’’.
The revisions read as follows:
§ 171.7
Reference material.
(a) * * *
(2) * * *
(i) The Office of Hazardous Materials
Safety, Office of Hazardous Materials
Standards, East Building, PHH–10, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001; and
*
*
*
*
*
(3) Table of material incorporated by
reference. * * *
Source and name of material
49 CFR reference
*
*
*
*
API Recommended Practice Closures of Underground Petroleum Stor- 172.102.
age Tanks, 3rd Edition, March 1996.
*
*
*
*
*
*
*
*
*
*
ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX of 172.102; 173.24b; 173.32; 173.306; 173.315; 173.318; 173.420;
1998 Edition of American Society of Mechanical Engineers Boiler
178.245–1; 178.245–3; 178.245–4; 178.245–6; 178.245–7; 178.255–
and Pressure Vessel Code.
1; 178.255–2; 178.255–14; 178.255–15; 178.273; 178.274; 178.276;
178.277; 178.320; 178.337–1; 178.337–2; 178.337–3; 178.337–4;
178.337–6; 178.337–16; 178.337–18; 178.338–1; 178.338–2;
178.338–3; 178.338–3; 178.338–4; 178.338–5; 178.338–6; 178.338–
13; 178.338–16; 178.338–18; 178.338–19; 178.345–1; 178.345–2;
178.345–3; 178.345–4; 178.345–7; 178.345–14; 178.345–15;
178.346–1; 178.347–1; 178.348–1; 179.400–3; 180.407.
*
*
*
*
*
*
*
UN Recommendations on the Transport of Dangerous Goods, Four- 171.8; 171.12; 172.202; 172.401; 172.502; 173.22; 173.24; 173.24b;
teenth Revised Edition (2005), Volumes I and II.
173.40; 173.56; 173.192; 173.197; 173.302b; 173.304b; 178.75;
178.274; 178.801.
*
*
*
25. In § 171.8, the definitions for
Administrator and Shipping paper are
revised to read as follows:
I
§ 171.8
Definitions and abbreviations.
*
*
*
*
*
Administrator means the
Administrator, Pipeline and Hazardous
Materials Safety Administration.
*
*
*
*
*
Shipping paper means a shipping
order, bill of lading, manifest or other
shipping document serving a similar
purpose and prepared in accordance
with subpart C of part 172 of this
chapter.
*
*
*
*
*
§ 171.14
[Amended]
*
*
§ 171.15 Immediate notice of certain
hazardous materials incidents.
*
*
*
*
*
(b) * * *
(3) Fire, breakage, spillage, or
suspected contamination occurs
involving an infectious substance other
than a regulated medical waste;
*
*
*
*
*
I 28. In § 171.22, the section heading is
revised to read as follows:
§ 171.22 Authorization and conditions for
the use of international standards and
regulations.
*
*
*
*
*
28a. In § 171.23, paragraph (b)(5)
introductory text is revised to read as
follows:
I
26. In § 171.14, in paragraph (d)(6),
the reference citation ‘‘172.202(a)(6)’’ is
revised to read ‘‘172.202(a)(7)’’.
§ 171.23 Requirements for specific
materials and packagings transported
under the ICAO Technical Instructions,
IMDG Code, Transport Canada TDG
Regulations, or the IAEA Regulations.
27. In § 171.15, paragraph (b)(3) is
revised to read as follows:
*
I
jlentini on PROD1PC65 with RULES
I
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
*
*
(b) * * *
PO 00000
Frm 00030
*
Fmt 4700
*
Sfmt 4700
*
*
(5) Hazardous substances. A material
meeting the definition of a hazardous
substance as defined in § 171.8, must
conform to the shipping paper
requirements in § 172.203(c) of this
subchapter and the marking
requirements in § 172.324 of this
subchapter:
*
*
*
*
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
29. The authority citation for part 172
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.53.
30. In § 172.101, the Hazardous
Materials Table is amended by
removing, adding and revising entries,
in the appropriate alphabetical
sequence, to read as follows:
I
E:\FR\FM\01OCR1.SGM
01OCR1
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
E:\FR\FM\01OCR1.SGM
D .................
I ...................
I ...................
I ...................
I ...................
D .................
D .................
(1)
Symbols
jlentini on PROD1PC65 with RULES
Ammonia, anhydrous
Ammonia solution,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 50 percent
ammonia.
Ammonia, anhydrous
Ammonia, anhydrous
Ammonia solution,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 50 percent
ammonia.
Ammonia solution,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 50 percent
ammonia.
Ammonia solutions,
relative density between 0.880 and
0.957 at 15 degrees C in water,
with more than 10
percent but not
more than 35 percent ammonia.
Ammonia solutions,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 35 percent
but not more than
50 percent ammonia.
Ammonia, anhydrous
[REMOVE].
(2)
Hazardous materials descriptions
and proper shipping names
*
(3)
2.2
2.3
2.3
2.2
8
2.3
2.3
2.2
2.2
Hazard
class or
division
UN1005 ....
UN3318 ....
UN1005 ....
UN2073 ....
UN2672 ....
UN3318 ....
UN1005 ....
UN1005 ....
UN3318 ....
(4)
Identification
numbers
*
...................
...................
...................
...................
III ..............
...................
...................
...................
...................
(5)
PG
2.2 ............................
2.3, 8 ........................
2.3, 8 ........................
2.2 ............................
8 ...............................
2.3, 8 ........................
*
2.3, 8 ........................
2.2 ............................
2.2 ............................
(6)
Label codes
4, N87,
T50.
13, T50 .....
4, N87,
T50.
...................
IB3, IP8,
T7, TP1.
4, T50 .......
*
4, T50 .......
13, T50 .....
13, T50 .....
(7)
Special
provisions
(§ 172.102)
None .........
None .........
None .........
306 ...........
154 ...........
None .........
*
None .........
None .........
None .........
(8A)
Exceptions
304 ...........
304 ...........
304 ...........
304 ...........
203 ...........
304 ...........
304 ...........
304 ...........
304 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101.—HAZARDOUS MATERIALS TABLE
314, 315 ...
314, 315 ...
314, 315 ...
314, 315 ...
241 ...........
314, 315 ...
*
314, 315 ...
314, 315 ...
314, 315 ...
(8C)
Bulk
Forbidden
Forbidden
Forbidden
Forbidden
5 L ............
Forbidden
*
Forbidden
Forbidden
Forbidden
(9A)
Passenger
aircraft/rail
Forbidden
Forbidden
Forbidden
150 kg ......
60 L ..........
Forbidden
Forbidden
Forbidden
Forbidden
(9B)
Cargo aircraft only
(9)
Quantity limitations
D ...............
D ...............
D ...............
E ...............
A ...............
D ...............
D ...............
D ...............
D ...............
(10A)
Location
40, 57
40, 57
40, 57
40, 52, 57
40, 52, 85
40, 52, 57
40, 52, 57
40, 52, 57
40, 52, 57
(10B)
Other
(10)
Vessel stowage
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
01OCR1
55685
VerDate Aug<31>2005
(2)
Hazardous materials descriptions
and proper shipping names
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Articles, explosive,
n.o.s.
I ...................
G .................
E:\FR\FM\01OCR1.SGM
01OCR1
Helium-oxygen mixture, see Rare
gases and oxygen
mixtures.
Crotonaldehyde or
Crotonaldehyde,
stabilized.
Ammonia solutions,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 35 percent
but not more than
50 percent ammonia.
Ammonia solutions,
relative density between 0.880 and
0.957 at 15 degrees C in water,
with more than 10
percent but not
more than 35 percent ammonia.
Ammonia solutions,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 35 percent
but not more than
50 percent ammonia.
(1)
Symbols
jlentini on PROD1PC65 with RULES
*
*
*
*
2.2
8
2.3
6.1
1.2D
(3)
Hazard
class or
division
UN1143 ....
UN0467I ...
UN2073 ....
UN2672 ....
UN3318 ....
(4)
Identification
numbers
*
*
*
*
I ................
I ................
...................
III ..............
...................
(5)
PG
*
*
6.1, 3 ........................
*
1.2D ..........................
2.2 ............................
8 ...............................
*
2.3, 8 ........................
(6)
Label codes
*
*
2, 175, B9,
B14,
B32,
B74,
B77,
T20,
TP2,
TP13,
TP38,
TP45.
*
...................
N87 ...........
IB3, IP8,
T7, TP1.
*
4, T50 .......
(7)
Special
provisions
(§ 172.102)
*
*
None .........
*
None .........
306 ...........
154 ...........
*
None .........
(8A)
Exceptions
227 ...........
62 .............
304 ...........
203 ...........
304 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101.—HAZARDOUS MATERIALS TABLE—Continued
*
*
244 ...........
*
None .........
314, 315 ...
241 ...........
*
314, 315 ...
(8C)
Bulk
*
*
Forbidden
*
Forbidden
Forbidden
5 L ............
*
Forbidden
(9A)
Passenger
aircraft/rail
Forbidden
Forbidden
150 kg ......
60 L ..........
Forbidden
(9B)
Cargo aircraft only
(9)
Quantity limitations
B ...............
07.
E ...............
A ...............
D ...............
(10A)
Location
40
40, 57
40, 85
40, 57
(10B)
Other
(10)
Vessel stowage
55686
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
G .................
jlentini on PROD1PC65 with RULES
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
Nitrophenylhydrazine, with not less
than 30% water, by
mass.
E:\FR\FM\01OCR1.SGM
Oxygen, mixtures
with rare gases,
see Rare gases
and oxygen mixtures.
Paint or Paint related
materials.
Organoarsenic compound, liquid, n.o.s.
4-
Nitrogen, mixtures
with rare gases,
see Rare gases
and nitrogen mixtures.
Nitrocellulose, with
not more than 12.6
percent nitrogen,
by dry mass, or Nitrocellulose mixture
with pigment or Nitrocellulose mixture
with plasticizer or
Nitrocellulose mixture with pigment
and plasticizer.
Hydrogendifluorides,
solid, n.o.s.
*
*
*
*
*
*
*
8
6.1
4.1
4.1
8
UN3066 ....
UN3280 ....
UN3376 ....
UN2557 ....
UN1740 ....
*
*
*
*
*
*
*
*
8 ...............................
*
4.1 ............................
*
5, T14, TP2, TP13,
TP27.
6.1 ............................
01OCR1
III ..............
II ...............
III ..............
*
8 ...............................
8 ...............................
*
6.1 ............................
II ...............
I ................
I ................
*
*
4.1 ............................
III ..............
II ...............
8 ...............................
II ...............
*
*
151 ...........
*
B52, IB3,
T4, TP1,
TP29.
B2, IB2,
T7, TP2,
TP28.
*
IB2, T11,
TP2,
TP27.
IB3, T7,
TP1,
TP28.
*
None .........
*
154 ...........
154 ...........
*
153 ...........
153 ...........
*
201 ...........
*
*
164, A8,
None .........
A19,
A20, N41.
*
*
44 .............
*
*
IB8, IP2,
None .........
IP4, N3,
N34, T3,
TP33.
IB8, IP3,
154 ...........
N3, N34,
T1, TP33.
173 ...........
173 ...........
203 ...........
202 ...........
242 ...........
211 ...........
212 ...........
213 ...........
212 ...........
*
241 ...........
242 ...........
*
241 ...........
242 ...........
*
1 L ............
*
None .........
*
*
None .........
240 ...........
*
240 ...........
*
5 L ............
1 L ............
*
60 L ..........
5 L ............
*
30 L ..........
*
Forbidden
*
*
1 kg ..........
25 kg ........
*
15 kg ........
60 L ..........
30 L ..........
220 L ........
60 L ..........
B ...............
15 kg ........
15 kg ........
100 kg ......
50 kg ........
A.
A.
A.
B.
6.1.
E ...............
D ...............
A ...............
A ...............
36
28
25, 40, 52
25, 40, 52
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
55687
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
D .................
D .................
I ...................
I ...................
(1)
Symbols
jlentini on PROD1PC65 with RULES
Ammonia, anhydrous
Ammonia solution,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 50 percent
ammonia.
Ammonia solution,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 50 percent
ammonia.
Ammonia solutions,
relative density
less than 0.880 at
15 degrees C in
water, with more
than 35 percent
but not more than
50 percent ammonia.
Ammonia, anhydrous
[ADD].
Paint related material, flammable,
corrosive (including
paint thinning or
reducing compound.
(2)
Hazardous materials descriptions
and proper shipping names
*
*
*
*
(3)
3
E:\FR\FM\01OCR1.SGM
2.2
2.2
2.2
2.3
2.3
Hazard
class or
division
UN2073 ....
UN3318 ....
UN1005 ....
UN3318 ....
UN1005 ....
UN3469 ....
(4)
Identification
numbers
*
*
*
*
*
3, 8 ...........................
*
3, 8 ...........................
(6)
Label codes
...................
...................
...................
...................
...................
III ..............
2.2 ............................
2.2 ............................
2.2 ............................
2.3, 8 ........................
*
2.3, 8 ........................
*
3, 8 ...........................
II ...............
I ................
(5)
PG
N87 ...........
13, T50 .....
*
4, N87,
T50.
13, T50 .....
4, N87,
T50.
*
*
IB2, T7,
TP2,
TP8,
TP28.
IB3, T4,
TP1,
TP29.
*
T11, TP2,
TP27.
(7)
Special
provisions
(§ 172.102)
306 ...........
None .........
None .........
None .........
*
None .........
*
150 ...........
*
150 ...........
*
None .........
(8A)
Exceptions
304 ...........
304 ...........
304 ...........
304 ...........
304 ...........
203 ...........
202 ...........
201 ...........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101.—HAZARDOUS MATERIALS TABLE—Continued
314, 315 ...
314, 315 ...
314, 315 ...
314, 315 ...
*
314, 315 ...
*
242 ...........
*
243 ...........
*
243 ...........
(8C)
Bulk
Forbidden
Forbidden
Forbidden
Forbidden
*
Forbidden
*
5 L ............
*
1 L ............
*
0.5 L .........
(9A)
Passenger
aircraft/rail
150 kg ......
Forbidden
Forbidden
Forbidden
Forbidden
60 L ..........
5 L ............
2.5 L .........
(9B)
Cargo aircraft only
(9)
Quantity limitations
E ...............
D ...............
D ...............
D ...............
D ...............
A ...............
B ...............
E ...............
(10A)
Location
40, 52, 57
40, 52, 57
40, 52, 57
40, 52, 57
40, 52, 57
40
40
40
(10B)
Other
(10)
Vessel stowage
55688
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
01OCR1
VerDate Aug<31>2005
17:12 Sep 28, 2007
G .................
G .................
jlentini on PROD1PC65 with RULES
Jkt 214001
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
E:\FR\FM\01OCR1.SGM
01OCR1
Nitrophenylhydrazine, with not less
than 30 percent
water, by mass.
Organoarsenic compound, liquid,
n.o.s..
4-
Nitrocellulose, with
not more than 12.6
percent, by dry
mass mixture with
or without plasticizer, with or without pigment.
Hydrogendifluoride,
solid, n.o.s.
Crotonaldehyde or
Crotonaldehyde,
stabilized.
Articles, explosive,
n.o.s.
Ammonia solution,
relative density between 0.880 and
0.957 at 15 degrees C in water,
with more than 10
percent but not
more than 35 percent ammonia.
*
*
*
*
*
*
6.1
4.1
4.1
8
6.1
1.2D
8
UN3280 ....
UN3376 ....
UN2557 ....
UN1740 ....
UN1143 ....
UN0467 ....
UN2672 ....
*
*
*
*
*
*
*
6.1 ............................
*
4.1 ............................
*
4.1 ............................
8 ...............................
*
8 ...............................
*
6.1, 3 ........................
*
1.2D ..........................
8 ...............................
6.1 ............................
6.1 ............................
I ................
I ................
II ...............
III ..............
II ...............
I ................
II ...............
III ..............
II ...............
III ..............
*
None .........
*
None .........
154 ...........
*
151 ...........
*
5, T14,
TP2,
TP13,
TP27.
IB2, T11,
TP2,
TP27.
IB3, T7,
TP1,
TP28.
153 ...........
153 ...........
*
None .........
*
*
162, A8,
None .........
A19,
A20, N41.
*
44 .............
*
*
IB8, IP2,
None .........
IP4, N3,
N34, T3,
TP33.
IB8, IP3,
154 ...........
N3, N34,
T1, TP33.
*
2, 175, B9,
B14,
B32,
B74,
B77,
T20,
TP2,
TP13,
TP38,
TP45.
*
...................
IB3, IP8,
T7, TP1.
203 ...........
202 ...........
201 ...........
211 ...........
212 ...........
213 ...........
212 ...........
227 ...........
62 .............
203 ...........
241 ...........
242 ...........
*
242 ...........
*
None .........
*
None .........
240 ...........
*
240 ...........
*
244 ...........
*
None .........
241 ...........
60 L ..........
5 L ............
*
1 L ............
*
Forbidden
*
1 kg ..........
25 kg ........
*
15 kg ........
*
Forbidden
*
Forbidden
5 L ............
220 L ........
60 L ..........
30 L ..........
15 kg ........
15 kg ........
100 kg ......
50 kg ........
Forbidden
Forbidden
60 L ..........
A.
B.
B.
E ...............
D ...............
A ...............
A ...............
B ...............
07.
A ...............
36
28
25, 40, 52
25, 40, 52
40
40, 52, 85
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
55689
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
E:\FR\FM\01OCR1.SGM
01OCR1
G .................
G .................
Symbols
jlentini on PROD1PC65 with RULES
Contrivances, wateractivated, with
burster, expelling
charge or propelling charge.
Caesium hydroxide
solution.
Articles, explosive,
n.o.s.
Alcohols, n.o.s. .........
[REVISE].
Paint related material, flammable,
corrosive (including
paint thinning or
reducing compound).
Paint or Paint related
material.
Hazardous materials descriptions
and proper shipping names
*
*
*
*
*
*
*
3
3
8
1.2L
8
1.4G
Hazard
class or
division
UN0248 ....
UN2681 ....
UN0353 ....
UN1987 ....
UN3469 ....
UN3066 ....
Identification
numbers
*
*
*
*
*
*
*
*
8 ...............................
Label codes
3 ...............................
*
3 ...............................
*
3, 8 ...........................
3, 8 ...........................
*
1.2L ..........................
8 ...............................
III ..............
II ...............
*
8 ...............................
II ...............
*
1.4G ..........................
III ..............
II ...............
3 ...............................
II ...............
I ................
III ..............
II ...............
*
3, 8 ...........................
III ..............
I ................
8 ...............................
II ...............
PG
*
None .........
*
B2, IB2,
T7, TP2.
IB3, T4,
TP1.
*
...................
*
172, T11,
TP1,
TP8,
TP27.
172, IB2,
T7, TP1,
TP8,
TP28.
172, B1,
IB3, T4,
TP1,
TP29.
*
IB2, T7,
TP2,
TP8,
TP28.
IB3, T4,
TP1,
TP29.
*
T11, TP2,
TP27.
*
B2, IB2,
T7, TP2,
TP28.
B52, IB3,
T4, TP1,
TP29.
Special
provisions
(§ 172.102)
*
62 .............
154 ...........
*
154 ...........
*
None .........
150 ...........
150 ...........
*
None .........
*
150 ...........
150 ...........
*
None .........
154 ...........
*
154 ...........
Exceptions
None .........
203 ...........
202 ...........
62 .............
203 ...........
202 ...........
201 ...........
203 ...........
202 ...........
201 ...........
173 ...........
173 ...........
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101.—HAZARDOUS MATERIALS TABLE—Continued
*
Forbidden
241 ...........
*
242 ...........
*
None .........
242 ...........
242 ...........
*
243 ...........
*
242 ...........
243 ...........
*
243 ...........
241 ...........
*
242 ...........
Bulk
*
Forbidden
5 L ............
*
1 L ............
*
Forbidden
60 L ..........
5 L ............
*
1 L ............
*
5 L ............
1 L ............
*
0.5L ..........
5 L ............
*
1 L ............
Passenger
aircraft/rail
08 .............
60 L ..........
30 L ..........
75 kg ........
220 L ........
60 L ..........
30 L ..........
60 L ..........
5 L ............
2.5 L .........
60 L ..........
30 L ..........
Cargo aircraft only
(9)
Quantity limitations
8E, 14E,
15E, 17E.
A ...............
A ...............
06.
A..
B.
E.
A ...............
B ...............
E ...............
A.
A.
Location
29, 52
29, 52
40
40
40
Other
(10)
Vessel stowage
55690
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
G .................
jlentini on PROD1PC65 with RULES
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00037
Hydrogen, peroxide,
aqueous solutions
with not less than
8 percent but less
than 20 percent
hydrogen peroxide
(stabilized as necessary).
Hydrogen, peroxide,
aqueous solutions
with more than 40
percent but not
more than 60 percent hydrogen peroxide (stabilized as
necessary).
Hydrazine, aqueous
solution, with more
than 37% hydrazine, by mass.
Contrivances, wateractivated, with
burster, expelling
charge or propelling charge.
Fmt 4700
*
*
*
*
5.1
5.1
8
1.3L
UN2984 ....
UN2014 ....
UN2030 ....
UN0249 ....
*
*
*
*
III ..............
II ...............
Sfmt 4700
*
*
5.1 ............................
*
5.1, 8 ........................
8, 6.1 ........................
8, 6.1 ........................
II ...............
III ..............
*
8, 6.1 ........................
1.3L ..........................
I ................
II ...............
*
*
A1, IB2,
IP5, T4,
TP1,
TP6,
TP24,
TP37.
*
12, A60,
B53,
B80,
B81,
B85, IB2,
IP5, T7,
TP2,
TP6,
TP24,
TP37.
*
B16, B53,
T10,
TP2,
TP13.
B16, B53,
IB2, T7,
TP2,
TP13.
B16, B53,
IB3, T4,
TP2.
...................
*
*
152 ...........
*
None .........
154 ...........
None .........
*
None .........
None .........
203 ...........
202 ...........
203 ...........
202 ...........
201 ...........
62 .............
*
*
241 ...........
*
243 ...........
241 ...........
243 ...........
*
243 ...........
None .........
*
*
2.5 L .........
*
Forbidden
5 L ............
Forbidden
*
Forbidden
Forbidden
30 L ..........
Forbidden
60 L ..........
30 L ..........
2.5 L .........
Forbidden
B ...............
D ...............
D ...............
D ...............
D ...............
08 .............
25, 66, 75
25, 66, 75
40, 52
40, 52
40, 52
8E, 14E,
15E, 17E
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
E:\FR\FM\01OCR1.SGM
01OCR1
55691
55692
*
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
*
*
§ 172.202
*
*
Street, SW.’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue,
SE.’’.
I 39. In § 173.31, paragraphs (g)(1) and
(g)(2) are revised to read as follows:
[Amended]
31. In § 172.202, in paragraph
(a)(6)(vi), the wording ‘‘except for
UN2800, UN3072, and UN3166’’ is
removed and ‘‘except for UN2800,
UN2807, UN3072, UN3166 and
UN3171’’ is added in its place.
I 32. In § 172.302, the last sentence in
paragraph (f) is revised to read as
follows:
I
§ 173.31
*
§ 172.302 General marking requirements
for bulk packagings.
*
*
*
*
*
(f) * * * For example, a tank car
marked ‘‘NITRIC OXIDE’’ need not be
remarked ‘‘NITRIC OXIDE,
COMPRESSED’’.
*
*
*
*
*
I 33. In § 172.303, paragraph (a) is
revised to read as follows:
§ 172.303
Prohibited marking.
(a) No person may offer for
transportation or transport a package
which is marked with the proper
shipping name, the identification
number of a hazardous material or any
other markings indicating that the
material is hazardous (e.g., RQ,
INHALATION HAZARD) unless the
package contains the identified
hazardous material or its residue.
*
*
*
*
*
§ 172.505
[Amended]
34. In § 172.505, in paragraph (a),
revise the reference citation
‘‘§ 172.203(m)(2)’’ to read
‘‘§ 172.203(m)’’.
I
*
35. The authority citation for part 173
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
[Amended]
36. In § 173.6, in the last sentence in
paragraph (a)(4) introductory text, revise
the word ‘‘movement’’ to read
‘‘shifting’’.
I 37. In § 173.22, paragraph (c)(2) is
revised to read as follows:
I
§ 173.22
Shipper’s Responsibility.
jlentini on PROD1PC65 with RULES
*
*
*
*
*
(c) * * *
(2) Equivalent requirements approved
by the Associate Administrator.
§ 173.22a
[Amended]
38. In § 173.22a, in paragraph (b),
remove the wording ‘‘400 Seventh
I
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
*
*
*
*
(g) * * *
(1) Each hazmat employee who is
responsible for loading or unloading a
tank car must secure access to the track
to prevent entry by other rail
equipment, including motorized service
vehicles. Derails, lined and locked
switches, portable bumper blocks, or
other equipment that provides an
equivalent level of security may be used
to satisfy this requirement.
(2) Caution signs must be displayed
on the track or on the tank cars to warn
persons approaching the cars from the
open end of the track and must be left
up until after all closures are secured
and the cars are in proper condition for
transportation. The caution signs must
be of metal or other durable material,
rectangular, at 30.48 cm (12 inches) high
by 38.10 cm (15 inches) wide, and bear
the word ‘‘STOP.’’ The word ‘‘STOP’’
must appear in letters at least 10.16 cm
(4 inches) high. The letters must be
white on a blue background. Additional
words, such as ‘‘Tank Car Connected’’
or ‘‘Crew at Work,’’ may also appear in
white letters under the word ‘‘STOP.’’
*
*
*
*
*
I 40. In § 173.132, paragraphs (a)(1)(i)
and (a)(1)(iii) are revised to read as
follows:
§ 173.132 Class 6, Division 6.1—
Definitions.
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
§ 173.6
Use of tank cars.
*
*
*
*
(a) * * *
(1) * * *
(i) Oral Toxicity. A liquid or solid
with an LD50 for acute oral toxicity of
not more than 300 mg/kg.
(ii) * * *
(iii) Inhalation Toxicity. (A) A dust or
mist with an LC50 for acute toxicity on
inhalation of not more than 4 mg/L; or
(B) A material with a saturated vapor
concentration in air at 20 °C (68 °F)
greater than or equal to one-fifth of the
LC50 for acute toxicity on inhalation of
vapors and with an LC50 for acute
toxicity on inhalation of vapors of not
more than 5000 mL/m3; or
*
*
*
*
*
§ 173.134
[Amended]
41. In § 173.134, in paragraph (a)(8),
the wording ‘‘diagnostic specimen’’ is
revised to read ‘‘patient specimen’’.
I 42. In § 173.150, the first sentence of
paragraph (b) introductory text and
I
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
paragraph (d)(2) are revised to read as
follows:
§ 173.150 Exceptions for Class 3
(flammable and combustible liquids).
*
*
*
*
*
(b) Limited quantities. Limited
quantities of flammable liquids (Class 3)
and combustible liquids are excepted
from labeling requirements, unless the
material also meets the definition of
Division 6.1 or is offered for
transportation or transported by aircraft,
and the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. * * *
*
*
*
*
*
(d) * * *
(2) Is in an inner packaging of 5 L (1.3
gallons) or less, and for transportation
on passenger-carrying aircraft conforms
to § 175.10(a)(4) of this subchapter as
checked or carry-on baggage; or
*
*
*
*
*
I 43. In § 173.151, the first sentence of
paragraph (b) introductory text and the
first sentence of paragraph (d)
introductory text are revised to read as
follows:
§ 173.151
Exceptions for Class 4.
*
*
*
*
*
(b) Limited quantities of Division 4.1.
Limited quantities of flammable solids
(Division 4.1) in Packing Group II or III
are excepted from labeling
requirements, unless the material also
meets the definition of Division 6.1 or
is offered for transportation or
transported by aircraft, and the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. * * *
*
*
*
*
*
(d) Limited quantities of Division 4.3.
Limited quantities of Division 4.3
(dangerous when wet) solids in Packing
Group II or III are excepted from
labeling requirements, unless the
material also meets the definition of
Division 6.1 or is offered for
transportation or transported by aircraft,
and the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. * * *
*
*
*
*
*
I 44. In § 173.152, the first sentence of
paragraph (b) introductory text is
revised to read as follows:
§ 173.152 Exceptions for Division 5.1
(oxidizers) and Division 5.2 (organic
peroxides).
*
*
*
*
*
(b) Limited quantities. Limited
quantities of oxidizers (Division 5.1) in
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
Packing Group II and III and organic
peroxides (Division 5.2) are excepted
from labeling requirements, unless the
material also meets the definition of
Division 6.1 or is offered for
transportation or transported by aircraft,
and the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. * * *
*
*
*
*
*
I 45. In § 173.154, the first sentence of
paragraph (b) introductory text is
revised to read as follows:
§ 173.154 Exceptions for Class 8
(corrosive materials).
*
*
*
*
*
(b) Limited quantities. Limited
quantities of corrosive materials (Class
8) in Packing Group II and III are
excepted from labeling requirements,
unless the material also meets the
definition of Division 6.1 or is offered
for transportation or transported by
aircraft, and the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. * * *
*
*
*
*
*
§ 173.199
[Amended]
46. In § 173.199, in paragraph (a)
introductory text, the reference
‘‘§ 175.85’’ is revised to read
‘‘§ 175.75(b)’’.
I
§ 173.225
47. In § 173.225, in paragraph (c), in
Note 17 following the Organic Peroxide
Table, remove the phrase ‘‘≥’’ and add
‘‘≤’’ in its place.
I 48. In § 173.244, paragraph (c) is
revised to read as follows:
§ 173.244 Bulk packaging for certain
pyrophoric liquids (Division 4.2), dangerous
when wet (Division 4.3) materials, and
poisonous liquids with inhalation hazards
(Division 6.1).
jlentini on PROD1PC65 with RULES
*
*
*
*
(c) Portable tanks: DOT 51 portable
tanks and UN portable tanks that meet
the requirements of this subchapter,
when a T code is specified in Column
(7) of the § 172.101 Table of this
subchapter for the specific hazardous
material, are authorized. Additionally, a
DOT 51 or UN portable tank used for
Division 6.1 liquids, Hazard Zone A or
B, must be certified and stamped to the
ASME Code as specified in
§ 178.273(b)(6) of this subchapter.
I 49. In § 173.411, paragraph (b)(5) is
revised to read as follows:
*
Industrial packagings.
*
*
(b) * * *
VerDate Aug<31>2005
*
*
17:12 Sep 28, 2007
Jkt 214001
[Amended]
50. In § 173.471, in paragraphs (d) and
(e), remove the wording ‘‘400 Seventh
Street, SW.’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue,
SE.’’.
I
PART 174—CARRIAGE BY RAIL
51. The authority citation for part 174
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
52. In § 174.67, make the following
changes:
I a. Revise paragraphs (a)(2), (a)(3), and
(a)(4).
I b. Add paragraph (a)(6).
The revisions and addition read as
follows:
I
Tank car unloading.
*
I
§ 173.411
§ 173.471
§ 174.67
[Amended]
*
(5) Tanks, other than tank containers,
including DOT Specification IM 101 or
IM 102 steel portable tanks, may be used
as Industrial package Types 2 or 3 (Type
IP–2) or (Type IP–3) for transporting
LSA–I and LSA–II liquids and gases as
prescribed in Table 6, provided that
they conform to standards at least
equivalent to those prescribed in
paragraph (b)(4) of this section.
*
*
*
*
*
*
*
*
*
(a) * * *
(2) Each hazmat employee who is
responsible for unloading must apply
the handbrake and block at least one
wheel to prevent movement in any
direction. If multiple tank cars are
coupled together, sufficient hand brakes
must be set and wheels blocked to
prevent movement in both directions.
(3) Each hazmat employee who is
responsible for unloading must secure
access to the track to prevent entry by
other rail equipment, including
motorized service vehicles. This
requirement may be satisfied by lining
each switch providing access to the
unloading area against movement and
securing each switch with an effective
locking device, or by using derails,
portable bumper blocks, or other
equipment that provides and equivalent
level of safety.
(4) Each hazmat employee who is
responsible for unloading must display
caution signs on the track or on the tank
cars to warn persons approaching the
cars from the open end of the track and
must be left up until after all closures
are secured and the cars are in proper
condition for transportation. The
caution signs must be of metal or other
durable material, rectangular, at 30.48
cm (12 inches) high by 38.10 cm (15
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
55693
inches) wide, and bear the word
‘‘STOP.’’ The word ‘‘STOP’’ must
appear in letters at least 10.16 cm (4
inches) high. The letters must be white
on a blue background. Additional
words, such as ‘‘Tank Car Connected’’
or ‘‘Crew at Work,’’ may also appear in
white letters under the word ‘‘STOP.’’
*
*
*
*
*
(6) Before a manhole cover or outlet
valve cap is removed form a tank car,
the car must be relieved of all interior
pressure by cooling the tank with water
or by venting the tank by raising the
safety valve or opening the dome vent
at short intervals. However, if venting to
relieve pressure will cause a dangerous
amount of vapor to collect outside the
car, venting and unloading must be
deferred until the pressure is reduced by
allowing the car to stand overnight or
otherwise cooling the contents. These
precautions are not necessary when the
car is equipped with a manhole cover
which hinges inward or with an inner
manhole cover which does not have to
be removed to unload the car, and when
pressure is relieved by piping vapor into
a condenser or storage tank.
*
*
*
*
*
PART 175—CARRIAGE BY AIRCRAFT
53. The authority citation for part 175
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
§ 175.8
[Amended]
54. In § 175.8, in paragraph (a)(3)(ii),
the reference ‘‘§ 175.75(a)’’ is revised to
read ‘‘§ 175.75(c)’’.
I 55. In § 175.75, make the following
changes:
I a. Revise paragraph (e)(3); and
I b. In paragraph (e)(5), the ‘‘Section
175.75 Quantity and Loading Tables’’
are revised.
The revisions read as follows:
I
§ 175.75 Quantity limitations and cargo
location.
*
*
*
*
*
(e) * * *
(3) Packages of hazardous materials
transported aboard a cargo aircraft,
when other means of transportation are
impracticable or not available, in
accordance with procedures approved
in writing by the FAA Regional or Field
Security Office in the region where the
operator is located.
*
*
*
*
*
(5) * * *
Section 175.75
Tables
E:\FR\FM\01OCR1.SGM
01OCR1
Quantity and Loading
55694
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
PASSENGER AIRCRAFT
Packages Authorized for Transport Onboard a Passenger Aircraft
In an accessible cargo compartment
If packages are accessible
If packages are inaccessible
If packages are in a freight container
No limit ...............................................................
25 kg per compartment plus an additional 75
kg of Division 2.2 material. (see Note 1).
25 kg per container plus an additional 75 kg
of Division 2.2 material. (see Note 1).
In an inaccessible cargo compartment
If packages are not in a freight container
If packages are in a freight container
25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1).
25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1).
CARGO ONLY AIRCRAFT
Packages Authorized for Transport Onboard a Passenger Aircraft
In an accessible cargo compartment
If packages are accessible
If packages are inaccessible
If packages are in a freight container
No limit ...............................................................
25 kg per compartment plus an additional 75
kg of Division 2.2 material. (see Note 1).
25 kg per container plus an additional 75 kg
of Division 2.2 material. (see Note 1).
In an inaccessible cargo compartment
If packages are not in a freight container
If packages are in a freight container
25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1).
25 kg per compartment plus an additional 75 kg of Division 2.2 material. (see Note 1).
Packages Only Authorized for Transport Aboard a Cargo Aircraft
In an accessible cargo compartment
If packages are accessible
If packages are inaccessible
If packages are in a freight container and are
accessible
If packages are in a
freight container and
are inaccessible
No limit ........................
Forbidden. (see Note 1) ..................................
No Limit ...........................................................
Forbidden. (see Note
1).
In an inaccessible cargo compartment
If packages are not in a freight container
If packages are in a freight container
Forbidden. (see Note 1) ...........................................................................
Forbidden. (see Note 1).
Note 1: The following materials are not subject to this restriction:
a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class).
b. Class 6 (unless also labeled as a flammable liquid).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
PART 176—CARRIAGE BY VESSEL
56. The authority citation for part 176
continues to read as follows:
I
57. In § 176.83, in paragraph (l), Table
176.83(l)(3) is revised to read as follows:
I
§ 176.83
Segregation.
*
*
*
(l) * * *
*
*
*
*
*
*
*
TABLE § 176.83(L)(3).—SEGREGATION OF CARGO TRANSPORT UNITS ON BOARD HATCHLESS CONTAINER SHIPS
Vertical
Segregation requirement
jlentini on PROD1PC65 with RULES
1. ‘‘Away from’’ ..............
VerDate Aug<31>2005
Closed
versus
closed
Closed
versus
open
On top of
Open on
the other
top of
permitted.
closed
permitted.
17:12 Sep 28, 2007
Jkt 214001
Horizontal
Open
versus
open
..................
PO 00000
Closed versus closed
Closed versus open
On deck
Fore and
aft.
Frm 00040
Fmt 4700
Under deck
On deck
Under deck
No restriction.
No restriction.
No restriction.
No restriction.
Sfmt 4700
E:\FR\FM\01OCR1.SGM
01OCR1
Open versus open
On deck
Under deck
One container
space.
One container
space or
one bulkhead.
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
55695
TABLE § 176.83(L)(3).—SEGREGATION OF CARGO TRANSPORT UNITS ON BOARD HATCHLESS CONTAINER SHIPS—
Continued
Vertical
Segregation requirement
Horizontal
3. ‘‘Separated by a complete compartment or
hold from’’.
Closed
versus
open
Open
versus
open
..................
..................
Otherwise
as for
‘‘Open
versus
open’’.
..................
Not in the
same
vertical
line.
2. ‘‘Separated from’’ ......
Closed
versus
closed
..................
Closed versus closed
Open versus open
Under deck
On deck
Under deck
Athwart
ships.
No restriction.
No restriction.
No restriction.
No restriction.
One container
space.
One container
space.
Not in the
same
vertical
line.
Fore and
aft.
One container
space.
One container
space or
one bulkhead.
One container
space.
One container
space or
one bulkhead.
One bulkhead.
As for
‘‘Open
versus
open’’.
..................
Athwart
ships.
One container
space.
One container
space.
Two container
spaces.
Two container
spaces.
..................
..................
Fore and
aft.
One container
space
and not
in or
above
same
hold.
Two container
spaces
and not
in or
above
same
hold.
Minimum
horizontal
distance
of 24 m
and not
in or
above
same
hold.
Prohibited
One bulkhead.
One container
space
and not
in or
above
same
hold.
Two container
spaces
and not
in or
above
same
hold.
Minimum
horizontal
distance
of 24 m
and not
in or
above
same
hold.
Prohibited
One bulkhead.
One container
space
and not
in or
above
same
hold.
Two container
spaces
and not
in or
above
same
hold.
Two container
spaces
and not
in or
above
same
hold.
Three container
spaces
and not
in or
above
same
hold.
Minimum
horizontal
distance
of 24 m
and not
in or
above
same
hold.
Prohibited
Athwart
ships.
4. ‘‘Separated longituProhibited
dinally by an intervening complete compartment or hold from’’.
Closed versus open
On deck
Prohibited
..................
Fore and
aft.
Athwart
ships.
One bulkhead.
One bulkhead and
minimum
horizontal
distance
of 24 m*.
Prohibited
One bulkhead.
Two bulkheads.
Prohibited
On deck
Under deck
One bulkhead.
Two bulkheads.
Two bulkheads.
Two bulkheads.
Prohibited.
* Containers not less than 6 m (20 feet) from intervening bulkhead.
Note: All bulkheads and decks must be resistant to fire and liquid.
*
*
*
*
*
b. Revise the second sentence in
paragraph (b)(7)(ii); and
I c. Revise paragraph (e)(1).
The revisions read as follows:
I
PART 178—SPECIFICATIONS FOR
PACKAGINGS
I
58. The authority citation for part 178
continues to read as follows:
§ 178.273 Approval of Specification UN
portable tanks.
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
*
jlentini on PROD1PC65 with RULES
§§ 178.270–12, 178.270–13, 178.270–14
[Removed]
59. Remove §§ 178.270–12, 178.270–
13, 178.270–14.
I 60. In § 178.273, make the following
changes.
I a. Revise the section heading;
I
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
*
*
*
*
(b) * * *
(7) * * *
(ii) * * * The approval certificate
must include all the information
required to be displayed on the metal
identification plate required by
§ 178.274(i). * * *
*
*
*
*
*
(e) * * *
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
(1) Prior to modification of any UN
portable tank which may affect
conformance and the safe use of the
portable tank, which may involve a
change to the design type or which may
affect its ability to retain hazardous
material in transportation, the person
desiring to make such modification
shall inform the approval agency that
issued the initial approval of the
portable tank (or if unavailable, another
approval agency) of the nature of the
modification and request approval of
the modification. The person desiring to
modify the tank must supply the
approval agency with three sets of all
revised drawings, calculations, and test
E:\FR\FM\01OCR1.SGM
01OCR1
55696
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
data relative to the intended
modification.
*
*
*
*
*
I 61. In § 178.274, the sixth sentence in
paragraph (b)(1) is revised to read as
follows:
§ 178.274
tanks.
Specifications for UN portable
*
*
*
*
*
(b) * * *
(1) * * * Portable tanks must have an
ASME certification and U stamp when
used for Hazard Zone A or B toxic by
inhalation liquids, or when used for
non-refrigerated or refrigerated liquefied
compressed gases. * * *
*
*
*
*
*
I 62. In § 178.348–4, paragraph (d)(3) is
revised to read as follows:
§ 178.348–4
Pressure relief.
*
*
*
*
*
(d) * * *
(3) Cargo tanks used in dedicated
service for materials classed as corrosive
material, with no secondary hazard,
may have a total venting capacity which
is less than required by § 178.345–10(e).
The minimum total venting capacity for
these cargo tanks must be determined in
accordance with the following formula
(use of approximate values given for the
formula is acceptable):
Formula in Nonmetric Units
Q = 37,980,000 A0.82 (ZT)0.5 / (LC)(M0.5)
Where:
Q = The total required venting capacity, in
cubic meters of air per hour at standard
conditions of 15.6 °C and 1 atm (cubic
feet of air per hour at standard
conditions of 60 °F and 14.7 psia);
T = The absolute temperature of the vapor at
the venting conditions—degrees Kelvin
(°C+273) [degrees Rankine (°F+460)];
A = The exposed surface area of tank shell—
square meters (square feet);
L = The latent heat of vaporization of the
lading—calories per gram (BTU/lb);
Z = The compressibility factor for the vapor
(if this factor is unknown, let Z equal
1.0);
M = The molecular weight of vapor;
C = A constant derived from (K), the ratio of
specific heats of the vapor. If (K) is
unknown, let C = 315.
jlentini on PROD1PC65 with RULES
62a. In § 178.606, paragraph (c)(2)(ii)
is revised to read as follows:
I
§ 178.606
Stacking test.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) The packaging may be tested using
a dynamic compression testing
machine. The test must be conducted at
room temperature on an empty,
unsealed packaging. The test sample
must be centered on the bottom platen
of the testing machine. The top platen
must be lowered until it comes in
contact with the test sample.
Compression must be applied end to
end. The speed of the compression
tester must be one-half inch plus or
minus one-fourth inch per minute. An
initial preload of 50 pounds must be
applied to ensure a definite contact
between the test sample and the platens.
The distance between the platens at this
time must be recorded as zero
deformation. The force A to then be
applied must be calculated using the
formula:
Liquids: A = (n¥1) [w + (s × v × 8.3 ×
.98)] × 1.5;
Solids: A = (n¥1) (m × 2.2 × 1.5)
Where:
A = applied load in pounds
m = the certified maximum gross mass for the
container in kilograms.
n = minimum number of containers that,
when stacked, reach a height of 3 meters.
s = specific gravity of lading.
w = maximum weight of one empty container
in pounds.
v = actual capacity of container (rated
capacity + outage) in gallons.
And:
8.3 corresponds to the weight in pounds of
1.0 gallon of water.
.98 corresponds to the minimum filling
percentage of the maximum capacity for
liquids.
Shell (visual inspection) requalification
Date of cylinder manufacture
Before January 1, 1991 .....
On or after January 1,
1991.
C = 520[K(2/(K+1))[(K+1)/(K–1)]]0.5
Where:
K = Cp / Cv
Cp = The specific heat at constant pressure,
in -calories per gram degree centigrade
(BTU/lb °F.); and
Cv = The specific heat at constant volume, in
-calories per gram degree centigrade
(BTU/lb °F.).
1.5 is a compensation factor that converts the
static load of the stacking test into a load
suitable for dynamic compression
testing.
2.2 is the conversion factor for kilograms to
pounds.
*
*
*
63. The authority citation for part 179
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
§ 179.18
[Amended]
64. In § 179.18, in paragraph (c),
remove the wording ‘‘400 Seventh
Street, SW.’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue,
SE.’’.
I
I 65. In § 179.300–19, paragraph (a) is
revised to read as follows:
§ 179.300–19
Inspection.
(a) Tank shall be inspected within the
United States and Canada by a
competent and impartial inspector as
approved by the Associate
Administrator of Safety, FRA. For tanks
made outside the United States or
Canada, the specified inspection shall
be made within the United States.
*
*
*
*
*
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
66. The authority citation for part 180
continues to read as follows:
I
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
67. In § 180.209, the table in
paragraph (i)(1) and Notes 1 and 2
following the table are revised to read as
follows:
I
§ 180.209 Requirements for requalification
of specification cylinders.
*
*
*
(i) * * *
(1) * * *
Initial
Subsequent
Intial
Before January 1, 2001 ....
10 years 1 ..........................
10 years ............................
10 years ............................
Before January 1, 2011 ....
5 to 20 years 2 ...................
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
*
*
Porous filler requalification
Subsequent
from the date of cylinder manufacture.
sooner than 5 years, and no later than 20 years from the date of manufacture.
VerDate Aug<31>2005
*
PART 179—SPECIFICATIONS FOR
TANK CARS
1 Years
2 No
*
E:\FR\FM\01OCR1.SGM
01OCR1
Not required.
Not required.
Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
*
*
§ 180.212
*
*
*
ACTION:
[Amended]
68. In § 180.212, in paragraph (b)(2),
the wording ‘‘by the original
manufacturer of the cylinder’’ is revised
to read: ‘‘by a cylinder manufacturer of
these types of cylinders’’.
I 69. In § 180.215, paragraph (b)
introductory text is revised to read as
follows:
I
§ 180.215 Reporting and record retention
requirements.
*
*
*
*
*
(b) Requalification records. Daily
records of visual inspection, pressure
test, and ultrasonic examination if
permitted under a special permit, as
applicable, must be maintained by the
person who performs the requalification
until either the expiration of the
requalification period or until the
cylinder is again requalified, whichever
occurs first. A single date may be used
for each test sheet, provided each test on
the sheet was conducted on that date.
Ditto marks or a solid vertical line may
be used to indicate repetition of the
preceding entry for the following entries
only: date; actual dimensions;
manufacturer’s name or symbol, if
present; owner’s name or symbol, if
present; and test operator. Blank spaces
may not be used to indicate repetition
of a prior entry. The records must
include the following information:
*
*
*
*
*
§ 180.409
[Amended]
70. In § 180.409, in paragraph (d)(2),
remove the wording ‘‘400 Seventh
Street, SW.’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue,
SE.’’.
I
Issued in Washington, DC, on September
24, 2007, under authority delegated in 49
CFR part 1.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7–19138 Filed 9–28–07; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 365, 369, 381, 382, 383,
384, 385, 386, 387, 388, 389, 390, 391,
392, 393, 395, and 397
jlentini on PROD1PC65 with RULES
RIN 2126–AB13
Technical Amendments to Federal
Motor Carrier Safety Regulations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
Final rule.
SUMMARY: This final rule makes
technical corrections throughout 49
Code of Federal Regulations subtitle B,
chapter III. In 2007, the FMCSA moved
to 1200 New Jersey Avenue, SE.,
Washington, DC 20590. This rule
changes obsolete references to the old
address. In addition, we are making
minor editorial changes to correct errors
and omissions and improve clarity. This
rule does not make any substantive
changes to the affected parts of the
Federal Motor Carrier Safety
Regulations.
DATES:
Effective October 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Jason Hartman, Regulatory Development
Division, (202) 366–5043,
jason.hartman@dot.gov. Office hours are
from 8 a.m. to 4:30 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
The provisions of the Federal Motor
Carrier Safety Regulations (FMCSRs)
amended by this rule are based on many
different statutes. The legal authority for
each of those provisions was explained
when the requirement was originally
adopted and is summarized at the
beginning of each part in title 49, Code
of Federal Regulations (CFR). No further
analysis is required here.
A few of the amendments made by
this rule are required by the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), Public Law 109–
59, August 10, 2005. Because the
SAFETEA–LU mandates left the Federal
Motor Carrier Administration (FMCSA)
no discretion, the changes (described
later in the preamble) are appropriate
for a technical amendment.
Title 49 CFR, subtitle B, chapter III
contains all the FMCSRs.
Background
In 2007, FMCSA moved its
headquarters from 400 Seventh Street,
SW., Washington, DC 20590 to 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001. The move makes it
necessary to amend the CFR to change
references to our address wherever they
occur in the regulations.
This document also makes editorial
changes to correct inaccurate references
and citations, improve clarity, and fix
errors. These minor editorial changes
are set out below, in a section-by-section
description of the changes.
Changes in SAFETEA–LU affected the
financial responsibility requirements of
both property and passenger carriers.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
55697
Section 4120(b)(1) of SAFETEA–LU
amended the reach of the financial
responsibility statute for property
carriers from ‘‘transportation of property
for compensation by motor vehicle
* * *’’ [49 U.S.C. 31139(b)(1)] to
‘‘transportation of property by
commercial motor vehicle * * *’’
Section 4120(a)(1) changed the reach of
the financial responsibility statute from
‘‘transportation of passengers for
compensation by motor vehicle* * *’’
[49 U.S.C. 31138(a)] to ‘‘transportation
of passengers by commercial motor
vehicle * * *’’
A commercial motor vehicle, for these
purposes, means a self-propelled or
towed vehicle used on the highways in
interstate commerce to transport
passengers or property, if the vehicle—
(A) Has a gross vehicle weight rating or
gross vehicle weight of at least 10,001
pounds, whichever is greater;
(B) Is designed or used to transport more
than 8 passengers (including the driver) for
compensation;
(C) Is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for
compensation * * * [49 U.S.C. 31132(1)(A)–
(C)].
Part 387 of 49 CFR has to be changed
to reflect these modifications to
FMCSA’s authority to set insurance
standards.
As a result of the change by section
4120(b)(1), the FMCSA no longer has
the authority to set insurance standards
for small freight vehicles with a GVW/
GVR under 10,001 pounds (unless they
are hauling placardable quantities of
hazardous materials). We are deleting
§ 387.303(b)(1)(i) to remove the
reference to those small freight vehicles.
In addition, section 4120(a)(1) modified
FMCSA’s authority to set insurance
standards for passenger carriers. At or
below the 15-passenger threshold,
FMCSA’s authority is limited to
passenger vehicles ‘‘designed or used to
transport more than 8 passengers
(including the driver) for
compensation.’’ We are removing the
reference in § 387.303 (b)(1)(ii) to ‘‘Any
vehicle with a seating capacity of 15
passengers or less.’’ We are adding,
instead, a reference to ‘‘Any vehicle
designed or used to transport more than
8 passengers (including the driver) for
compensation.’’
These amendments do not impose any
new requirements and make no
substantive changes to the CFR. Notice
and comment are unnecessary.
Section by Section
Section 381.315. Paragraph (d)(2) is
amended by replacing the old uniform
resource locator (URL) for the DOT
E:\FR\FM\01OCR1.SGM
01OCR1
Agencies
[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55678-55697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19138]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 105, 106, 107, 110, 130, 171, 172, 173, 174, 175, 176,
178, 179 and 180
[Docket No. PHMSA-2007-29245 (HM-244)]
RIN 2137-AE30
Hazardous Materials Regulations: Minor Editorial Corrections and
Clarifications
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations (HMR). The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the regulations. The
amendments contained in this rule are non-substantive changes that do
not impose new requirements.
DATES: Effective date: October 1, 2007.
FOR FURTHER INFORMATION CONTACT: Dirk Der Kinderen, Office of Hazardous
Materials Standards, (202) 366-8553, PHMSA, East Building, PHH-10, 1200
New Jersey Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
PHMSA annually reviews the Hazardous Materials Regulations (HMR; 49
CFR parts 171-180) to identify typographical and other errors, outdated
addresses or other contact information, and similar errors. In this
final rule, we are correcting typographical errors; incorrect CFR
references and citations; inaccurate office names; inconsistent use of
terminology; misstatements of certain regulatory requirements; and
inadvertent omissions of information. In addition, this final rule
revises the address for PHMSA to indicate the new location for the
headquarters office.
Because these amendments do not impose new requirements, notice and
public comment procedures are unnecessary. By making these amendments
effective without the customary 30-day delay following publication, the
changes will appear in the next revision of Title 49.
The following is a summary by section of the major changes made in
this final rule. The summary does not include minor editorial
corrections such as punctuation errors, or similar minor revisions.
II. Section-by-Section Review
Part 107
Section 107.608
This section contains general requirements for registration. In
paragraph (a), we are removing the reference to Sec. 107.616(d) for
consistency with revisions made in HM-208F (72 FR 24536; May 3, 2007).
The HM-208F final rule removed paragraph (d) of Sec. 107.616.
Part 171
Section 171.6
This section lists approved collections of information required
under the HMR. In the table in paragraph (b)(2), in the third column
for OMB control number 2137-0557, we are removing the reference
citations to Sec. Sec. 178.270-3 and 178.270-13. Section 178.270-3 was
removed in an earlier rulemaking, and we are removing Sec. 178.270-13,
which addresses testing requirements for IM 101 and 102 specification
portable tanks in this final rule. As prescribed in Sec. 173.32(c)(2),
the manufacture of these portable tanks is no longer authorized.
Section 171.7
This section lists material incorporated by reference into the HMR.
In paragraph (a)(3), in the second column of the table of material
incorporated by reference, for the entry ASME Code, Sections II (Parts
A and B), V, VIII (Division 1), and IX, we are removing the reference
citations, Sec. Sec. 178.270-2 through 178.272-1, which contain
requirements applicable to the manufacture of IM 101 and 102 portable
tanks, because the manufacture of these portable tanks is no longer
authorized. Additionally, we are updating a reference citation for the
use of the UN Recommendations.
Section 171.8
This section lists definitions for terms used in the HMR. In the
definition for ``Administrator,'' we are correcting the office name
``Research and Special Programs Administration'' to read ``Pipeline and
Hazardous Materials Safety Administration.'' In the
[[Page 55679]]
definition for ``Shipping paper,'' we are removing the references to
``Sec. Sec. 172.202, 172.203 and 172.204'' to clarify that shipping
papers must be prepared in accordance with the requirements in subpart
C of part 172.
Section 171.14
This section provides transitional provisions for recently adopted
regulatory changes. In paragraph (d)(6), we are correcting the citation
``172.202(a)(6)'' to read ``172.202(a)(7)'' for consistency with
revisions made to Sec. 173.202(a) in a final rule published under
docket number HM-215I (71 FR 78596; December 29, 2006).
Section 171.15
This section contains telephonic notification requirements for
certain hazardous materials transportation incidents. In paragraph
(b)(3), we are correcting the telephone report requirements for
infectious substances by removing the term ``diagnostic specimen''
since that term no longer appears in the HMR.
Section 171.23
This section contains requirements for specific materials and
packages transported under the international standards. In paragraph
(b)(5), we are correcting requirements by removing an inaccurate
exception for Class 7 (radioactive) materials included in a final rule
published under docket number HM-215F (72 FR 25162; May 3, 2007).
Part 172
Section 172.101--The Hazardous Materials Table (HMT)
We are removing the entries ``Helium-oxygen mixture, see Rare gases
and oxygen mixtures,'' ``Nitrogen, mixtures with rare gases, see Rare
gases and nitrogen mixtures,'' and ``Oxygen, mixtures with rare gases,
see Rare gases and oxygen mixtures.'' These entries are being removed
for consistency with revisions made in the final rule published under
docket number HM-215I.
We are correcting entries in the HMT as follows:
For the entries ``Ammonia, anhydrous,'' Division 2.3,
UN1005, ``Ammonia solution, relative density less than 0.880 at 15
degrees C in water, with more than 50 percent ammonia,'' Division 2.3,
UN3318, and ``Ammonia solutions, relative density less than 0.880 at 15
degrees C in water, with more than 35 percent but not more than 50
percent ammonia,'' UN2073, we are correcting Column (7) by adding
``N87.'' Special provision ``N87'' was inadvertently omitted. This
correction appears as a ``Remove/Add'' in this rulemaking.
For the entry ``Articles, explosive, n.o.s.,'' UN0353, in
Column (6), we are correcting the label code ``1.4GD'' to read
``1.4G.''
For the entry ``Articles, explosive, n.o.s.,'' UN0467I, in
Column (4), we are correcting the identification number to read
``UN0467'' and in Column (5), we are correcting the packing group to
read ``II.'' This correction appears as a ``Remove/Add'' in this
rulemaking.
For the entry ``Caesium hydroxide solution,'' UN2681, PG
III, in Column (8B), we are correcting the section reference to read
``203.''
For the entry ``Contrivances, water-activated, with
burster, expelling charge or propelling charge,'' UN0248, we are
correcting Column (1) by adding ``G.'' Symbol ``G'' was inadvertently
omitted.
For the entry ``Contrivances, water-activated, with
burster, expelling charge or propelling charge,'' UN0249, we are
correcting Column (1) by adding ``G.'' Symbol ``G'' was inadvertently
omitted.
For the entry ``Hydrazine, aqueous solution, with more
than 37% hydrazine, by mass,'' UN2030, PG III, in Column (8A), we are
correcting the section reference to read ``154.''
For the entry ``Hydrogendifluorides, solid, n.o.s.,''
UN1740, PG II and III, the proper shipping name is corrected to the
singular form to read ``Hydrogendifluoride, solid, n.o.s.'' This
correction appears as a ``Remove/Add'' in this rulemaking.
For the entry ``Hydrogen peroxide, aqueous solutions with
more than 40 percent but not more than 60 percent hydrogen peroxide
(stabilized as necessary,) '' UN2014, we are correcting Column (7) by
adding ``A60.'' Special provision ``A60'' was inadvertently omitted.
For the entry ``Hydrogen peroxide, aqueous solutions with
not less than 8 percent but less than 20 percent hydrogen peroxide
(stabilized as necessary,) '' UN2984, in Column (8C), we are correcting
the section reference to read ``241.''
For the entry ``Nitrocellulose, with not more than 12.6
percent nitrogen, by dry mass, or Nitrocellulose mixture with pigment
or Nitrocellulose mixture with plasticizer or Nitrocellulose mixture
with pigment and plasticizer,'' UN2557, we are revising the proper
shipping name in column (2) to read ``Nitrocellulose, with not more
than 12.6 percent, by dry mass mixture with or without plasticizer,
with or without pigment.'' This revision is being made for consistency
with the description for UN2557 in the UN Recommendations, and appears
as a ``Remove/Add'' in this rulemaking.
For the entry ``4-Nitrophenylhydrazine, with not less than
30% water, by mass,'' UN3376, in Column (7) we are correcting Special
provision ``164'' to read ``162.'' Special provision ``164'' was
inadvertently assigned in place of ``162.'' This correction appears as
a ``Remove/Add'' in this rulemaking.
For the entry ``Organoarsenic compound, liquid, n.o.s.,''
UN3280, PG I, II, and III, the information in the columns associated
with PG I is corrected by aligning the hazardous material information
with the appropriate columns. This correction appears as a ``Remove/
Add'' in this rulemaking.
For the entry ``Paint or Paint related materials,''
UN3066, PG II and III, the proper shipping name is corrected to the
singular form to read ``Paint or Paint related material.'' This
correction appears as a ``Remove/Add'' in this rulemaking.
Section 172.202
Section 172.202 contains requirements for shipping descriptions on
shipping papers. In paragraph (a)(6)(vi), we are correcting the wording
``except for UN2800, UN3072, and UN3166'' to read ``except for UN2800,
UN2807, UN3072, UN3166 and UN3171'' for consistency with the preamble
discussion to Sec. 172.202(a) in the final rule published under docket
number HM-215I.
Section 172.302
This section establishes general marking requirements for bulk
packaging. In paragraph (f), we are revising the last sentence to
clarify the example illustrating a circumstance for which a bulk
packaging need not be remarked to conform to revisions made in the
shipping name of the material it contains.
Section 172.303
This section addresses prohibited marking. In paragraph (a), we are
adding the clarifying language ``or any other markings indicating that
the material is hazardous (e.g., RQ, INHALATION HAZARD)'' for
consistency with the language used elsewhere in the HMR.
Section 172.505
This section sets forth requirements for placarding for subsidiary
hazards. In paragraph (a), we are correcting the reference ``Sec.
172.203(m)(2)'' to read ``Sec. 172.203(m).'' Paragraphs (m)(1) and
(m)(2) were combined into a single paragraph (m) in a final rule
published
[[Page 55680]]
under docket number HM-189Y (70 FR 56804; September 23, 2005).
Part 173
Section 173.6
This section establishes exceptions from certain HMR requirements
for materials of trade. In paragraph (a)(4), we are correcting the word
``movement'' to read ``shifting'' for consistency with the language
used in paragraphs (b)(1) and (b)(3).
Section 173.22
This section sets forth general shipper responsibilities. In
paragraph (c)(2), we are removing the acronym ``PHMSA'' following the
wording ``Associate Administrator,'' because it is unnecessary. Section
171.8 defines the term ``Associate Administrator'' to mean the
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
Section 173.31
This section establishes requirements for the use of railroad tank
cars. Paragraph (g) of this section addresses tank car loading and
unloading requirements. In paragraph (g)(1), we are revising the
wording ``unloader'' to read ``each hazmat employee who is responsible
for loading or unloading'' to clarify that the requirements of this
section apply to both loading and unloading operations. In addition, we
are correcting the wording ``blocked'' to read ``locked.'' In paragraph
(g)(2), we are revising the language regarding the design and display
of caution signs for consistency with the language used in Sec.
174.67(a)(4).
Section 173.132
This section contains classification criteria for Division 6.1
materials. In the HM-215I final rule, we revised the toxicity criteria
for Division 6.1 materials in Sec. 173.133 to be consistent with the
toxicity criteria adopted in the United Nations Recommendations on the
Transport of Dangerous Goods (UN Recommendations). However, the
Division 6.1 definition in Sec. 173.132(a) was overlooked. Therefore,
in paragraph (a), we are revising the definition of oral toxicity and
inhalation toxicity to be consistent with our earlier amendments to
Sec. 173.133. Also, in paragraph (a)(1)(iii)(B), we are correcting the
measurement unit ``mL/mm\3\ '' to read ``mL/m\3\.''
Section 173.134
This section contains classification criteria and establishes
exceptions from certain HMR requirements for Division 6.2 materials. In
paragraph (a)(8), we are correcting the wording ``diagnostic specimen''
to read ``patient specimen'' for consistency with changes made in a
final rule published under docket number HM-226A (71 FR 32244; July 6,
2006).
Sections 173.150, 173.151, 173.152, and 173.154
These sections establish exceptions from certain HMR requirements
for Class 3, Class 4, Division 5.1, Division 5.2, and Class 8
materials. We are revising the limited quantity provisions in each of
these sections to clarify that the labeling exception is not granted to
materials with a Division 6.1 subsidiary hazard. The amendments
disallowing the labeling exception for limited quantities of Division
6.1 materials were included in a final rule under docket number HM-215G
(69 FR 76044; December 20, 2004), but were inadvertently omitted when
these provisions were revised under HM-228 (71 FR 14586; March 22,
2006).
Additionally, in Sec. 173.150(d)(2) pertaining to the carriage of
alcoholic beverages as checked or carry-on baggage, we are correcting
the reference ``175.10(a)(17)'' to read ``Sec. 175.10(a)(4).''
Section 173.199
This section establishes packaging requirements for Category B
infectious substances. In paragraph (a) introductory text, we are
correcting an obsolete section reference.
Section 173.225
This section sets forth packaging requirements for organic
peroxides. In paragraph (c), we are removing ``>='' from Note 17 of the
Organic Peroxide Table and adding ``<='' to correct a typographical
error.
Section 173.244
This section sets forth bulk packaging requirements for certain
Division 4.2, 4.3, and 6.1 materials. We are adding a sentence to the
end of paragraph (c) to clarify DOT 51 and UN portable tanks used to
transport Division 6.1 liquids, Hazard Zone A or B, must be certified
and stamped to the ASME Code as prescribed in Sec. 178.273(b)(6).
Section 173.411
This section establishes requirements for industrial packaging used
to transport Class 7 materials. In paragraph (b)(5), we are removing
the section citations to Sec. Sec. 178.270, 178.271, and 178.272
because the manufacture of portable tanks to the IM 101 and 102
specifications is no longer authorized.
Part 174
Section 174.67
Section 174.67 prescribes procedures for conducting transloading
operations involving railroad tank cars. In paragraphs (a)(2), (a)(3),
and (a)(4), we are revising the wording ``the unloader'' to read ``each
hazmat employee who is responsible for unloading'' for clarity. Also,
in a final rule published under docket number HM-223 (68 FR 61941;
October 30, 2003), we redesignated paragraph (a)(4) containing
precautions when venting a tank car as paragraph (a)(6) but failed to
include the newly redesignated paragraph in the regulatory text.
Paragraph (a)(6) is added in this final rule.
Part 175
Section 175.8
This section contains exceptions from certain HMR requirements for
operator equipment and replacement items transported by aircraft. In
paragraph (a)(3)(ii), we are correcting the reference ``Sec.
175.75(a)'' to read ``Sec. 175.75(c)''.
Section 175.75
This section establishes cargo limitation and stowage requirements
for hazardous materials transported by aircraft. At the end of
paragraph (e)(3), we are removing the word ``and'' and adding a period.
The requirements in paragraphs (e)(3) and (e)(4) are stand-alone
requirements. Paragraph (e)(3), which outlines conditions for hazardous
materials transported on board a cargo aircraft, includes a requirement
for written approval by FAA. Paragraph (e)(4), which outlines
conditions for hazardous materials transported on board a small, single
pilot, cargo aircraft, does not include a requirement for FAA approval.
Also, in paragraph (e)(5), we are revising the ``Quantity and
Loading Tables'' to correct the formatting errors.
Part 176
Section 176.83
We are reprinting the ``Segregation of Cargo Transport Units on
Board Hatchless Container Ships'' table in Sec. 176.83(l) to correct
formatting errors.
Part 178
Sections 178.270-12, 178.270-13, and 178.270-14
These sections establish requirements for IM 101 and 102 portable
tanks. Most sections applicable to these portable tanks were removed
from the HMR in a final rule under docket number HM-189Z (71 FR 54388;
September 14, 2006) because the manufacture of IM portable
[[Page 55681]]
tanks is no longer authorized. These sections were inadvertently not
omitted from that final rule.
Section 178.273
This section sets forth requirements for approval of specification
IM portable tanks and UN portable tanks. We are revising the section
title and paragraph (e)(1) to remove references to the IM portable
tanks because manufacture of those tanks is no longer authorized. Also,
in paragraph (b)(7)(ii), we are removing the wording ``Sec. 178.270-14
of this subchapter for IM portable tanks, Sec. 178.245-6 for
Specification 51 steel portable tanks, or''.
Section 178.274
This section contains specifications for UN portable tanks. We are
revising paragraph (b)(1) to clarify that portable tanks used for Zone
A or B toxic by inhalation liquids are required to have an ASME
certification and U stamp as prescribed in Sec. 178.273(b)(6).
Section 178.348-4
This section specifies pressure relief requirements for DOT 412
cargo tanks. In paragraph (d)(3), we are removing a reference to a
formula in obsolete Sec. 178.270-11(d)(3) and inserting the formula,
expressed in nonmetric units, that had been contained in the referenced
section. Section 178.270-11 was removed in a final rule under docket
number HM-189Z.
Section 178.606
This section establishes requirements for performing the stacking
test to ensure that non-bulk packagings conform to the performance
standard established in the HMR. In paragraph (c)(2)(ii), in the
stacking test requirements for a packaging intended for solids, we are
correcting the formula to include a constant of 2.2 (lbs/kg) to convert
the units on the right side of the formula to pounds for consistency
with the units of variable ``A'' in the formula. In addition, we are
including explanations of the multipliers ``2.2'' and ``.98'' in the
formula for liquids.
Part 179
Section 179.300-19
This section addresses inspection requirements for newly
constructed rail tank cars. In paragraph (a), we are revising the
wording ``acceptable to the Bureau of Explosives'' to read ``as
approved by the Associate Administrator for Safety, FRA.'' These
approvals are no longer handled by the Bureau of Explosives.
Part 180
Section 180.209
This section establishes requalification requirements for
cylinders. In the table in paragraph (i)(1), we are correcting ``3 to
20 years'' to read ``5 to 20 years'' for the initial porous filler
requalification of acetylene cylinders manufactured on or after January
1, 1991. The change from 3 years to 5 years, adopted in a final rule
published under docket number HM 218B, is correctly stated in footnote
2 following the table.
Section 180.212
This section specifies requirements for repair of seamless DOT
specification and UN cylinders. In paragraph (b)(2), we are revising
the wording to clarify that rethreading of cylinders may be performed
by a manufacturer of the type of cylinder being rethreaded instead of
limiting the work to the original manufacturer, who may no longer be in
business. This revised wording is consistent with the wording used in
paragraph (b)(1).
Section 180.215
This section establishes reporting and record-retention
requirements related to the qualification, maintenance, and use of
cylinders. We are correcting paragraph (b) by adding the words ``, if
present'' after ``manufacturer's name or symbol'' to alleviate
confusion by cylinder requalifiers.
III. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This final rule does not
impose new or revised requirements for hazardous materials shippers or
carriers; therefore, it is not necessary to prepare a regulatory impact
analysis.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
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; or (2) imposes substantial direct
compliance costs on State and local governments. PHMSA is not aware of
any State, local or Indian tribe requirements that would be preempted
by correcting editorial errors and making minor regulatory changes.
This final rule does not have sufficient federalism impacts to warrant
the preparation of a federalism assessment.
C. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses or other
organizations.
E. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $120.7
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
F. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
G. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
H. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the
[[Page 55682]]
heading of this document can be used to cross-reference this action
with the Unified Agenda.
List of Subjects
49 CFR Part 105
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 110
Disaster assistance, Education, Grants program-environmental
protection, Grants program-Indians, Hazardous materials transportation,
Hazardous substances, Indians, Reporting and recordkeeping
requirements.
49 CFR Part 130
Oil pollution, Packaging and containers, Reporting and
recordkeeping requirements, Transportation.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Incorporated by reference, Imports, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Rail
carriers, Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Packaging and containers,
Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL
PROCEDURES
0
1. The authority citation for part 105 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 49 CFR 1.53.
Sec. Sec. 105.20, 105.25, and 105.40 [Amended]
0
2. In part 105, remove the wording ``400 7th Street, SW.'' and add in
its place ``East Building, 1200 New Jersey Avenue, SE.'' in the
following places:
0
a. Section 105.20(a)(4);
0
b. Section 105.20(b)(3);
0
c. Section 105.25(b)(4); and
0
d. Section 105.40(d).
0
3. In Sec. 105.25, paragraph (a) introductory text and paragraph
(b)(2)(iv) are revised to read as follows:
Sec. 105.25 Reviewing public documents.
* * * * *
(a) DOT Docket Management System. Unless a particular document says
otherwise, the following documents are available for public review and
copying at the Department of Transportation's Docket Management System,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001, or for review and downloading through the
Internet at https://www.regulations.gov.
* * * * *
(b) * * *
(2) * * *
(iv) Applications for special permits numbered below DOT-E or DOT-
SP 11832 and related background information are available for public
review and copying at the Office of Hazardous Materials Safety, Office
of Hazardous Materials Special Permits and Approvals, U.S. Department
of Transportation, PHH-30, East Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001.
* * * * *
0
4. In Sec. 105.35, paragraph (b)(3)(ii) is revised to read as follows:
Sec. 105.35 Serving documents in PHMSA proceedings.
* * * * *
(b) * * *
(3) * * *
(ii) Serve documents electronically through the Internet at https://
www.regulations.gov.
PART 106--RULEMAKING PROCEDURES
0
5. The authority citation for part 106 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 49 CFR 1.53.
Sec. Sec. 106.75, 106.85, and 106.125 [Amended]
0
6. In part 106, remove the wording ``Room PL 401, 400 7th Street, SW.''
and add in its place ``West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE.'' in the following places:
0
a. Section 106.75(d);
0
b. Section 106.85(a); and
0
c. Section 106.125.
0
7. In Sec. 106.45, paragraph (a)(2)(i) and (a)(2)(ii) are revised to
read as follows:
Sec. 106.45 Tracking rulemaking actions.
* * * * *
(a) * * *
(2) * * *
(i) Visit the public docket room and review and copy any docketed
materials during regular business hours. The DOT Docket Management
System is located at the U.S. Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001.
(ii) View and download docketed materials through the Internet at
https://www.regulations.gov.
* * * * *
0
8. In Sec. 106.70, paragraph (a)(1) and (a)(2) are revised to read as
follows:
Sec. 106.70 Where and when to file comments.
(a) * * *
(1) By mail to: Docket Management System, U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(2) Through the Internet at https://www.regulations.gov.
* * * * *
[[Page 55683]]
Sec. 106.95 [Amended]
0
9. In Sec. 106.95, in paragraphs (a) and (b), remove the wording ``400
7th Street, SW.'' and add in its place ``East Building, 1200 New Jersey
Avenue, SE.'' in each place it appears.
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
10. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
Sec. Sec. 107.105, 107.107, 107.109, and 107.705 [Amended]
0
11. In part 107, remove the wording ``400 7th Street, SW.'' and add in
its place ``East Building, 1200 New Jersey Avenue, SE.'' in the
following places:
0
a. Section 107.105(a)(1);
0
b. Section 107.107(b)(1);
0
c. Section 107.109(a)(1); and
0
d. Section 107.705(a)(1).
Sec. Sec. 107.325 and 107.402 [Amended]
0
12. In part 107, remove the wording ``400 Seventh Street, SW.'' and add
in its place ``East Building, 1200 New Jersey Avenue, SE.'' in the
following places:
0
a. Section 107.325(a) and (b); and
0
b. Section 107.402(a).
Sec. Sec. 107.203 and 107.215 [Amended]
0
13. In part 107, remove the wording ``400 7th Street, SW., Suite 8417''
and add in its place ``East Building, PHC-1, 1200 New Jersey Avenue,
SE.'' in the following places:
0
a. Section 107.203(b)(1)(i); and
0
b. Section 107.215(b)(1)(i).
Sec. 107.127 [Amended]
0
14. In Sec. 107.127, in paragraph (a), remove the wording ``400 7th
Street, SW., Washington, DC 20590-0001, Room 8102'' and add in its
place ``East Building, PHH-30, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001'' and remove the wording ``https://dms.dot.gov.'' and add
in its place ``https://www.regulations.gov.''.
Sec. 107.502 [Amended]
0
15. In Sec. 107.502, in paragraph (d), remove the wording ``Room 8310,
400 7th Street, SW'' and add in its place ``West Building, MC-ECH, 1200
New Jersey Avenue, SE.''.
0
16. In Sec. 107.608, paragraph (a) is revised to read as follows:
Sec. 107.608 General registration requirements.
(a) Each person subject to this subpart must submit a complete and
accurate registration statement on DOT Form F 5800.2 not later than
June 30 for each registration year, or in time to comply with paragraph
(b) of this section, whichever is later. Each registration year begins
on July 1 and ends on June 30 of the following year.
* * * * *
PART 110--HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING
GRANTS
0
17. The authority citation for part 110 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 1.53.
Sec. Sec. 110.30 and 110.120 [Amended]
0
18. In part 110, remove the wording ``400 7th Street, SW.'' and add in
its place ``East Building, 1200 New Jersey Avenue, SE.'' in the
following places:
0
a. Section 110.30(a) introductory text; and
0
b. Section 110.120.
Sec. 110.5 [Amended]
0
19. In Sec. 110.5, in paragraph (c), remove the wording ``400 Seventh
Street, SW.'' and add in its place ``East Building, 1200 New Jersey
Avenue, SE.''.
PART 130--OIL SPILL PREVENTION AND RESPONSE PLANS
0
20. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 1321.
Sec. 130.31 [Amended]
0
21. In Sec. 130.31, in paragraph (b)(6), remove the wording ``400
Seventh Street, SW'' and add in its place ``East Building, 1200 New
Jersey Avenue, SE.''.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
22. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
23. In Sec. 171.6, in the table in paragraph (b)(2), the entry for OMB
Control No. ``2137-0557'' is revised to read as follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table.
----------------------------------------------------------------------------------------------------------------
Title 49 CFR part or section where identified
Current OMB Control No. Title and described
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2137-0557 Approvals for Hazardous Sec. Sec. 107.402, 107.403, 107.405, 107.502,
Materials 107.503, 107.705, 107.713, 107.715, 107.717,
107.803, 107.805, 107.807, 110.30, 172.101,
172.102, Special Provisions 19, 26, 53, 55, 60,
105, 118, 121, 125, 129, 131, 133, 136, B45,
B55, B61, B69, B77, B81, N10, N72, 173.2a,
173.4, 173.7, 173.21, 173.22, 173.24, 173.31,
173.38, 173.51, 173.56, 173.58, 173.59,
173.124, 173.128, 173.159, 173.166, 173.171,
173.214, 173.222, 173.224, 173.225, 173.245,
173.301, 173.305, 173.306, 173.314, 173.315,
173.316, 173.318, 173.334, 173.340, 173.411,
173.433, 173.457, 173.471, 173.472, 173.476,
174.50, 174.63, 175.8, 175.85, 175.701,
175.703, 176.168, 176.340, 176.704, 178.3,
178.35, 178.47, 178.53, 178.273, 178.274,
178.503, 178.509, 178.605, 178.606, 178.608,
178.801, 178.813, 180.213.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
24. In Sec. 171.7, make the following changes:
0
a. Revise paragraph (a)(2)(i);
0
b. In the table in paragraph (a)(3), under ``American Petroleum
Institute'', revise the entry ``API Recommended Practice Closures of
Underground Petroleum Storage Tanks, 3rd Edition, March 1996'';
0
c. In the table in paragraph (a)(3), under ``American Society of
Mechanical Engineers'', revise the entry ``ASME Code, Sections II
(Parts A and B), V, VIII (Division 1), and IX of 1998 Edition of
[[Page 55684]]
American Society of Mechanical Engineers Boiler and Pressure Vessel
Code'';
0
d. In the table in paragraph (a)(3) under ``International Organization
for Standardization'', remove the entry ``ISO 82-74(E) Steels Tensile
Testing''; and
0
e. In the table in paragraph (a)(3), under ``United Nations'', for the
entry ``UN Recommendations on the Transport of Dangerous Goods,
Fourteenth Revised Edition (2005), Volumes I and II'', in the second
column, remove reference citation ``171.28'' and add in its place
``171.12''.
The revisions read as follows:
Sec. 171.7 Reference material.
(a) * * *
(2) * * *
(i) The Office of Hazardous Materials Safety, Office of Hazardous
Materials Standards, East Building, PHH-10, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001; and
* * * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
API Recommended Practice Closures of 172.102.
Underground Petroleum Storage Tanks,
3rd Edition, March 1996.
* * * * * * *
ASME Code, Sections II (Parts A and B), 172.102; 173.24b; 173.32;
V, VIII (Division 1), and IX of 1998 173.306; 173.315; 173.318;
Edition of American Society of 173.420; 178.245-1; 178.245-3;
Mechanical Engineers Boiler and 178.245-4; 178.245-6; 178.245-
Pressure Vessel Code. 7; 178.255-1; 178.255-2;
178.255-14; 178.255-15;
178.273; 178.274; 178.276;
178.277; 178.320; 178.337-1;
178.337-2; 178.337-3; 178.337-
4; 178.337-6; 178.337-16;
178.337-18; 178.338-1; 178.338-
2; 178.338-3; 178.338-3;
178.338-4; 178.338-5; 178.338-
6; 178.338-13; 178.338-16;
178.338-18; 178.338-19;
178.345-1; 178.345-2; 178.345-
3; 178.345-4; 178.345-7;
178.345-14; 178.345-15;
178.346-1; 178.347-1; 178.348-
1; 179.400-3; 180.407.
* * * * * * *
UN Recommendations on the Transport of 171.8; 171.12; 172.202;
Dangerous Goods, Fourteenth Revised 172.401; 172.502; 173.22;
Edition (2005), Volumes I and II. 173.24; 173.24b; 173.40;
173.56; 173.192; 173.197;
173.302b; 173.304b; 178.75;
178.274; 178.801.
* * * * * * *
------------------------------------------------------------------------
0
25. In Sec. 171.8, the definitions for Administrator and Shipping
paper are revised to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Administrator means the Administrator, Pipeline and Hazardous
Materials Safety Administration.
* * * * *
Shipping paper means a shipping order, bill of lading, manifest or
other shipping document serving a similar purpose and prepared in
accordance with subpart C of part 172 of this chapter.
* * * * *
Sec. 171.14 [Amended]
0
26. In Sec. 171.14, in paragraph (d)(6), the reference citation
``172.202(a)(6)'' is revised to read ``172.202(a)(7)''.
0
27. In Sec. 171.15, paragraph (b)(3) is revised to read as follows:
Sec. 171.15 Immediate notice of certain hazardous materials
incidents.
* * * * *
(b) * * *
(3) Fire, breakage, spillage, or suspected contamination occurs
involving an infectious substance other than a regulated medical waste;
* * * * *
0
28. In Sec. 171.22, the section heading is revised to read as follows:
Sec. 171.22 Authorization and conditions for the use of international
standards and regulations.
* * * * *
0
28a. In Sec. 171.23, paragraph (b)(5) introductory text is revised to
read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(b) * * *
(5) Hazardous substances. A material meeting the definition of a
hazardous substance as defined in Sec. 171.8, must conform to the
shipping paper requirements in Sec. 172.203(c) of this subchapter and
the marking requirements in Sec. 172.324 of this subchapter:
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
29. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
0
30. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding and revising entries, in the appropriate alphabetical
sequence, to read as follows:
[[Page 55685]]
Sec. 172.101.--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous mate- (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
rials descriptions Hazard Identifi- Special ----------------------------------------------------------------------------------------------------------------
Symbols and proper ship- class or cation numbers PG Label codes provisions Passenger Cargo air-
ping names division (Sec. Exceptions Non-bulk Bulk aircraft/rail craft only Location Other
(1) (2)............... (3) (4)............ (5)............ (6)............... (7)............ (8A)........... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]..........
* * * * * * *
I............... Ammonia, anhydrous 2.3 UN1005......... ............... 2.3, 8............ 4, T50......... None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
D............... Ammonia, anhydrous 2.2 UN1005......... ............... 2.2............... 13, T50........ None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
D............... Ammonia solution, 2.2 UN3318......... ............... 2.2............... 13, T50........ None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
I............... Ammonia solution, 2.3 UN3318......... ............... 2.3, 8............ 4, T50......... None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
Ammonia solutions, 8 UN2672......... III............ 8................. IB3, IP8, T7, 154............ 203........... 241........... 5 L........... 60 L.......... A............. 40, 52, 85
relative density TP1.
between 0.880 and
0.957 at 15
degrees C in
water, with more
than 10 percent
but not more than
35 percent
ammonia.
Ammonia solutions, 2.2 UN2073......... ............... 2.2............... ............... 306............ 304........... 314, 315...... Forbidden..... 150 kg........ E............. 40, 52, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 35
percent but not
more than 50
percent ammonia.
I............... Ammonia, anhydrous 2.3 UN1005......... ............... 2.3, 8............ 4, N87, T50.... None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 57
D............... Ammonia, anhydrous 2.2 UN1005......... ............... 2.2............... 13, T50........ None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 57
I............... Ammonia solution, 2.3 UN3318......... ............... 2.3, 8............ 4, N87, T50.... None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
[[Page 55686]]
* * * * * * *
I............... Ammonia solutions, 2.3 UN3318......... ............... 2.3, 8............ 4, T50......... None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 35
percent but not
more than 50
percent ammonia.
Ammonia solutions, 8 UN2672......... III............ 8................. IB3, IP8, T7, 154............ 203........... 241........... 5 L........... 60 L.......... A............. 40, 85
relative density TP1.
between 0.880 and
0.957 at 15
degrees C in
water, with more
than 10 percent
but not more than
35 percent
ammonia.
Ammonia solutions, 2.2 UN2073......... ............... 2.2............... N87............ 306............ 304........... 314, 315...... Forbidden..... 150 kg........ E............. 40, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 35
percent but not
more than 50
percent ammonia.
* * * * * * *
G............... Articles, 1.2D UN0467I........ I.............. 1.2D.............. ............... None........... 62............ None.......... Forbidden..... Forbidden..... 07............
explosive, n.o.s.
* * * * * * *
Crotonaldehyde or 6.1 UN1143......... I.............. 6.1, 3............ 2, 175, B9, None........... 227........... 244........... Forbidden..... Forbidden..... B............. 40
Crotonaldehyde, B14, B32, B74,
stabilized. B77, T20, TP2,
TP13, TP38,
TP45.
* * * * * * *
Helium-oxygen
mixture, see Rare
gases and oxygen
mixtures.
[[Page 55687]]
* * * * * * *
Hydrogendifluoride 8 UN1740......... II............. 8................. IB8, IP2, IP4, None........... 212........... 240........... 15 kg......... 50 kg......... A............. 25, 40, 52
s, solid, n.o.s. N3, N34, T3,
TP33.
III............ 8................. IB8, IP3, N3, 154............ 213........... 240........... 25 kg......... 100 kg........ A............. 25, 40, 52
N34, T1, TP33.
* * * * * * *
Nitrocellulose, 4.1 UN2557......... II............. 4.1............... 44............. 151............ 212........... None.......... 1 kg.......... 15 kg......... D............. 28
with not more
than 12.6 percent
nitrogen, by dry
mass, or
Nitrocellulose
mixture with
pigment or
Nitrocellulose
mixture with
plasticizer or
Nitrocellulose
mixture with
pigment and
plasticizer.
* * * * * * *
Nitrogen, mixtures
with rare gases,
see Rare gases
and nitrogen
mixtures.
* * * * * * *
4- 4.1 UN3376......... I.............. 4.1............... 164, A8, A19, None........... 211........... None.......... Forbidden..... 15 kg......... E............. 36
Nitrophenylhydraz A20, N41.
ine, with not
less than 30%
water, by mass.
* * * * * * *
G............... Organoarsenic 6.1 UN3280......... I.............. 5, T14, TP2, TP13, None........... 201............ 242........... 1 L........... 30 L.......... B............. 6.1...........
compound, liquid, TP27.
n.o.s.
II............. 6.1............... IB2, T11, TP2, 153............ 202........... 242........... 5 L........... 60 L.......... B. ..............
TP27.
III............ 6.1............... IB3, T7, TP1, 153............ 203........... 241........... 60 L.......... 220 L......... A.............
TP28.
* * * * * * *
Oxygen, mixtures
with rare gases,
see Rare gases
and oxygen
mixtures.
Paint or Paint 8 UN3066......... II............. 8................. B2, IB2, T7, 154............ 173........... 242........... 1 L........... 30 L.......... A.............
related materials. TP2, TP28.
* * * * * * *
III............ 8................. B52, IB3, T4, 154............ 173........... 241........... 5 L........... 60 L.......... A. ..............
TP1, TP29.
[[Page 55688]]
* * * * * * *
Paint related 3 UN3469......... I.............. 3, 8.............. T11, TP2, TP27. None........... 201........... 243........... 0.5 L......... 2.5 L......... E............. 40
material,
flammable,
corrosive
(including paint
thinning or
reducing compound.
* * * * * * *
II............. 3, 8.............. IB2, T7, TP2, 150............ 202........... 243........... 1 L........... 5 L........... B............. 40
TP8, TP28.
III............ 3, 8.............. IB3, T4, TP1, 150............ 203........... 242........... 5 L........... 60 L.......... A............. 40
TP29.
* * * * * * *
[ADD].
* * * * * * *
I............... Ammonia, anhydrous 2.3 UN1005......... ............... 2.3, 8............ 4, N87, T50.... None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
D............... Ammonia, anhydrous 2.2 UN1005......... ............... 2.2............... 13, T50........ None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
I............... Ammonia solution, 2.3 UN3318......... ............... 2.3, 8............ 4, N87, T50.... None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
D............... Ammonia solution, 2.2 UN3318......... ............... 2.2............... 13, T50........ None........... 304........... 314, 315...... Forbidden..... Forbidden..... D............. 40, 52, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
Ammonia solutions, 2.2 UN2073......... ............... 2.2............... N87............ 306............ 304........... 314, 315...... Forbidden..... 150 kg........ E............. 40, 52, 57
relative density
less than 0.880
at 15 degrees C
in water, with
more than 35
percent but not
more than 50
percent ammonia.
[[Page 55689]]
Ammonia solution, 8 UN2672......... III............ 8................. IB3, IP8, T7, 154............ 203........... 241........... 5 L........... 60 L.......... A............. 40, 52, 85
relative density TP1.
between 0.880 and
0.957 at 15
degrees C in
water, with more
than 10 percent
but not more than
35 percent
ammonia.
* * * * * * *
G............... Articles, 1.2D UN0467......... II............. 1.2D.............. ............... None........... 62............ None.......... Forbidden..... Forbidden..... 07.
explosive, n.o.s.
* * * * * * *
Crotonaldehyde or 6.1 UN1143......... I.............. 6.1, 3............ 2, 175, B9, None........... 227........... 244........... Forbidden..... Forbidden..... B............. 40
Crotonaldehyde, B14, B32, B74,
stabilized. B77, T20, TP2,
TP13, TP38,
TP45.
* * * * * * *
Hydrogendifluoride 8 UN1740......... II............. 8................. IB8, IP2, IP4, None........... 212........... 240........... 15 kg......... 50 kg......... A............. 25, 40, 52
, solid, n.o.s. N3, N34, T3,
TP33.
III............ 8................. IB8, IP3, N3, 154............ 213........... 240........... 25 kg......... 100 kg........ A............. 25, 40, 52
N34, T1, TP33.
* * * * * * *
Nitrocellulose, 4.1 UN2557......... II............. 4.1............... 44............. 151............ 212........... None.......... 1 kg.......... 15 kg......... D............. 28
with not more
than 12.6
percent, by dry
mass mixture with
or without
plasticizer, with
or without
pigment.
* * * * * * *
4- 4.1 UN3376......... I.............. 4.1............... 162, A8, A19, None........... 211........... None.......... Forbidden..... 15 kg......... E............. 36
Nitrophenylhydraz A20, N41.
ine, with not
less than 30
percent water, by
mass.
* * * * * * *
G............... Organoarsenic 6.1 UN3280......... I.............. 6.1............... 5, T14, TP2, None........... 201........... 242........... 1 L........... 30 L.......... B.............
compound, liquid, TP13, TP27.
n.o.s..
II............. 6.1............... IB2, T11, TP2, 153............ 202........... 242........... 5 L........... 60 L.......... B.............
TP27.
III............ 6.1............... IB3, T7, TP1, 153............ 203........... 241........... 60 L.......... 220 L......... A.............
TP28.
[[Page 55690]]
* * * * * * *
Paint or Paint 8 UN3066......... II............. 8................. B2, IB2, T7, 154............ 173........... 242....