Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications, 57001-57008 [E8-22743]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
because they have carried a similar
network program in the past. Affiliation
agreements should not include
provisions that impose monetary or
non-monetary penalties on affiliates
based on preemptions protected by the
right-to-reject rule. Affiliation
agreements should not include
provisions that subject right-to-reject
preemptions to, or count them against,
contractual preemption limits (or
‘‘baskets’’) (though baskets are perfectly
appropriate for preemptions not
protected by the right-to-reject rule).
ebenthall on PROD1PC60 with RULES
C. Option-Time Rule
9. The Commission’s option-time rule
proscribes any clause in an affiliation
agreement that ‘‘prevents or hinders the
station from scheduling programs before
the network agrees to utilize the time
during which such programs are
scheduled, or which requires the station
to clear time already scheduled when
the network organization seeks to utilize
the time.’’ In its Petition, NASA argued
that certain contract provisions, with
respect to both analog and digital
broadcasting, violated the option-time
rule by allowing networks to reserve an
option to use an affiliate’s broadcast
time without committing to supply
programming for the optioned time. To
clarify the reciprocal obligations of
networks and affiliates under the
Commission’s option-time rule, we
affirm that the following principles set
forth in the Joint Request are consistent
with the Act and our rules:
• Consistent with the option-time
rule, affiliation agreements should not
include provisions that result in the
optioning of the station’s time to the
network organization or that have the
same restraining effect as time
optioning. Network affiliation
agreements may not, under the
Commission’s option-time rule, obligate
stations to carry a network’s
programming or other content during
certain time periods without
reciprocally obligating the network to
provide the content for those time
periods. Similarly, network affiliation
agreements may not require affiliates to
carry, at some unspecified future date,
unspecified digital content that the
network may (or may not) choose to
offer.
IV. Ordering Clauses
10. Accordingly, it is ordered that the
Network Affiliated Stations Alliance’s
Motion for Declaratory Ruling filed June
22, 2001 is granted in part as discussed
above.
11. It is further ordered that the Joint
Request is granted and that this
proceeding is terminated.
VerDate Aug<31>2005
15:26 Sep 30, 2008
Jkt 217001
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–23152 Filed 9–30–08; 8:45 am]
57001
without the customary 30-day delay
following publication, the changes will
appear in the next revision of Title 49.
II. Section by Section Review
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, 176,
178, 179, and 180
[Docket No. PHMSA–2008–0227 (HM–244A)]
RIN 2137–AE40
Hazardous Materials Regulations:
Minor Editorial Corrections and
Clarifications
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
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.
DATES: Effective date: October 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Eileen Edmonson, 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;
an incorrect address; 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
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
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.
Part 171
Section 171.3
This section prescribes requirements
for transporting hazardous waste under
the HMR. Paragraph (b)(1) requires each
motor vehicle to be marked in
accordance with 49 CFR 390.21 and
1058.2. Because § 1058.2 no longer
exists, in this final rule we are removing
this reference in paragraph (b)(1).
Section 171.7
Paragraph (a) of § 171.7 lists materials
incorporated by reference into the HMR.
In paragraph (a)(3), we are correcting the
mailing address for the American
Pyrotechnic Association.
Paragraph (b) of § 171.7 lists
information materials that are not
incorporated by reference. In a final rule
published on January 28, 2008 (Docket
No. 05–21812 (HM–218D); 73 FR 4699,
effective October 1, 2008), we added in
paragraph (b) an entry for the
Compressed Gas Association’s (CGA’s)
publication, CGA C–1.1 in § 171.7(b). A
new paragraph (g)(6) in § 180.205 listed
CGA C–1.1 as an example of training
material that may be used by persons
who requalify cylinders using the
volumetric expansion test method.
Following the publication of the HM–
215D final rule, we received an appeal
from Hydro-Test (PHMSA–2005–21812–
0025) asking us to either remove this
reference to CGA C–1.1 or add examples
of other training materials that may be
used. Hydro-Test noted that referencing
only the CGA publication in the HMR
could suggest that other training
materials are not acceptable. We added
CGA C–1.1 as an example of guidance
material that may be used to assist
requalifiers in setting up their cylinder
training procedures and recordkeeping
requirements. The publication is not a
stand alone tool for training persons on
how to perform requalification of
cylinders using the volumetric
expansion test method. However, to
alleviate confusion for cylinder
requalifiers, in this final rule, we are
removing the new entry for CGA C–1.1
from § 171.7(b) and paragraph (g)(6)
from § 180.205.
E:\FR\FM\01OCR1.SGM
01OCR1
57002
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
Section 171.8
This section contains definitions for
terms used in the HMR. We
inadvertently omitted replacing the
name ‘‘Diagnostic specimens’’ with the
name ‘‘Biological substances, category
B’’ when we revised the HMR to
harmonize its infectious substance
requirements with international
requirements and removed the name
‘‘Diagnostic specimens’’ under Docket
No. PHMSA–2004–16895 (HM–226A;
71 FR 32244, 6/2/06). In this final rule,
we are correcting this oversight. Also,
we are revising the definitions for
‘‘Elevated temperature material’’ and
‘‘Liquid phase’’ to specify the metric
conversion of 100 °F as 38 °C for
consistency throughout the HMR and
with that specified in the American
Society for Testing and Materials
(ASTM) Standard ASTM D 4359,
‘‘Standard Test Method for Determining
Whether a Material is a Liquid or a
Solid,’’ which the HMR incorporates by
reference under § 171.7.
Section 171.23
This section prescribes requirements
for specific materials and packagings
transported under the International
Civil Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO
Technical Instructions), International
Maritime Dangerous Goods Code (IMDG
Code), Transport Canada’s
Transportation of Dangerous Goods
Regulations (Transport Canada TDG
Regulations), and the International
Atomic Energy Agency Regulations for
the Safe Transport of Radioactive
Material (IAEA Regulations). In this
final rule, we are revising paragraph
(a)(3)(iii) to correct the reference ‘‘(a)(3)’’
to ‘‘(a)(4).’’
ebenthall on PROD1PC60 with RULES
Section 171.25
This section prescribes additional
requirements for the use of the IMDG
Code under the HMR. In this final rule,
we are correcting several inadvertent
errors in this section. In paragraph
(b)(1), we are revising the regulatory text
to clarify that the segregation
requirements in Part 7 of the IMDG
Code may be utilized for both rail and
highway transportation. The rail mode
was inadvertently removed in the
printing of the HM–215F final rule
published on May 3, 2007. We are also
correcting the word ‘‘subpart’’ to read
‘‘subchapter’’ in the second sentence of
this paragraph, and the reference to
‘‘Part 7, Chapter 2,’’ of the IMDG Code
to read ‘‘Part 7, Chapter 7.2’’ in the last
sentence. In paragraph (b)(2), we are
VerDate Aug<31>2005
15:26 Sep 30, 2008
Jkt 217001
clarifying that the paragraph applies to
transportation by vessel.
Part 172
In the heading to Part 172, we are
adding the words ‘‘Security Plans’’ to
reflect the security plan requirements in
Subpart I of Part 172.
Section 172.201
This section prescribes requirements
on the preparation and retention of
shipping papers. Paragraph (a)(1)(iii) is
corrected to clarify the use of the letter
‘‘X’’ to identify hazardous materials on
a shipping paper. The clarification
allows the letter ‘‘X’’ to be placed in a
column titled ‘‘HM’’ appearing before
the basic shipping description instead
of the proper shipping name of a
hazardous material to recognize that the
identification number may appear first
in the basic shipping description as
provided in § 172.202(b).
Section 172.202
This section prescribes requirements
for shipping descriptions on shipping
papers. In paragraphs (a)(5) and
(a)(6)(ii), we are inserting the U.S.
standard measurement conversions after
the metric measurements for clarity.
Section 172.203
This section prescribes additional
description requirements for hazardous
materials on shipping papers. In this
final rule, we are correcting the
examples provided in this section as
follows:
• We are revising paragraph (c)(2) to
reflect in the example the basic shipping
description sequence prescribed in
§ 172.202(b), with the UN identification
number appearing first, and to correct
the example of the basic description for
‘‘Allyl alcohol’’ to state that this
material is a Zone B toxic inhalation
hazard.
• We are revising paragraph (d)(1) to
correct the spelling of the word
‘‘radionuclides’’ in the second sentence.
• We are revising paragraph (i)(2),
which contains additional shipping
paper description requirements for
flammable liquids transported by vessel,
to reflect a flash point at 60 °C (140 °F)
in place of 61 °C for consistency with
the provisions contained in 49 CFR
173.120(a) and paragraph 5.4.1.4.3 of
the IMDG Code.
• Paragraph (k) requires the use of a
technical name with a proper shipping
name designated as generic with the
letter ‘‘G’’ in Column 1 of the § 172.101
Table. We are making a minor editorial
revision to the last sentence in
paragraph (k) and adding two new
sentences to refer readers to the
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
definition of ‘‘Technical name’’ in
§ 171.8 and to other relevant
information in § 172.301.
Section 172.320
This section prescribes the marking
requirements for explosive hazardous
materials. In paragraph (b), we are
correcting the reference to the regulation
requiring a product code for commercial
explosives from ‘‘27 CFR part 55’’ to
read ‘‘27 CFR part 555.’’
In addition, we are removing current
paragraph (e)(4), which contains an
expired transitional provision, and
redesignating current paragraph (e)(5) as
paragraph (e)(4).
Section 172.704
This section prescribes training
requirements for hazmat employees. In
paragraph (a)(2)(ii), we are revising the
reference to ‘‘§§ 171.11 and 171.12’’ to
read ‘‘authorized by subpart C of part
171 of this subchapter’’ to be consistent
with revisions adopted in the final rule
issued under Docket No. PHMSA–2005–
24131 (HM–215F, 72 FR 25162, 3/5/07).
Part 173
Section 173.21
This section prescribes the hazardous
materials and packages that are
forbidden in transportation. In this final
rule, we are revising paragraph (f)(3) to
clearly state that approvals issued by the
Bureau of Explosives are no longer
valid.
Section 173.25
This section prescribes requirements
for transporting hazardous materials
packages in overpacks. In this final rule,
we are removing the second sentence in
paragraph (a)(4) because it contains an
expired compliance date.
Section 173.219
This section prescribes requirements
for transporting life-saving appliances
and matches. In this final rule, we are
amending paragraph (a) by replacing the
word ‘‘movement’’ with ‘‘shifting’’ to
clarify the devices must be placed in
inner packagings that are packed in
outer packagings in a manner to prevent
the devices from shifting within the
outer packaging.
Section 173.227
This section prescribes requirements
for packaging poisonous-by-inhalation
materials, in Division 6.1, Packing
Group I, Hazard Zone B. We are revising
paragraph (b) to include UN 6HH1
composite packagings with an inner
protective plastic drum. This revision
was inadvertently omitted in a final rule
issued under Docket No. RSPA–04–
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
17036 (HM–215G, 69 FR 76043, 12/20/
04).
Section 173.308
This section sets forth requirements
for the transportation of lighters. In this
final rule, we are revising paragraph
(b)(3)(ii) to specify the metric
conversion of 100 °F as 38 °C for
consistency throughout the HMR.
Part 175
Section 175.30
This section prescribes requirements
for inspecting hazardous materials
shipments aboard an aircraft. A
capitalization error is corrected in
paragraph (a)(2). In paragraph (a)(3), we
are revising the reference to § 171.11 to
read ‘‘as authorized by subpart C of part
171 of this subchapter’’ to be consistent
with the revisions adopted under HM–
215F.
Part 176
Section 176.83
This section prescribes segregation
requirements for hazardous materials
transported by vessel. In this final rule,
we are revising paragraph (b) to clarify
that although Column 1 of Table
§ 176.83(b) is titled ‘‘Class,’’ it also lists
certain hazard class divisions.
Part 178
Section 178.36
This section contains the design and
manufacture requirements for DOT 3A
and 3AX seamless steel cylinders. In
paragraph (a)(2), we are correcting the
wording ‘‘seamless stainless steel
cylinder’’ to remove the word stainless,
and in the first sentence in paragraph
(f), the wording ‘‘service pressure less
than 900 pounds’’ to read ‘‘service
pressure less than 900 psig’’.
ebenthall on PROD1PC60 with RULES
Section 178.275
This section prescribes design and
manufacture standards for UN portable
tanks intended for the transportation of
liquid and solid hazardous materials. In
the HM–215G final rule, paragraph
(i)(2), the introductory text was revised
to clarify the combined delivery
capacity of a UN portable tank’s relief
system. However, the amendatory
language incorrectly stated that
paragraph (i)(2) was revised. As a result,
all the vent capacity formulas and tables
referenced in the paragraph were
removed. We are reinstating paragraphs
(i)(2)(i)–(iv) in this final rule. In
addition, in paragraph (d)(3), the
reference to ‘‘(c)(2)’’ is corrected to read
‘‘(d)(2).’’
VerDate Aug<31>2005
15:26 Sep 30, 2008
Jkt 217001
Section 178.605
This section prescribes the
hydrostatic test requirements for nonbulk UN standard packagings. In this
final rule, we are relocating the last
sentence in paragraph (d)(3) requiring
the performance of a pressure test on
packagings intended to contain Packing
Group I hazardous materials at a
minimum test pressure of 250 kPa (36
psig) to paragraph (d) introductory text,
preceding the list of methods contained
in paragraphs (d)(1)–(d)(3). We are
making this revision to clarify that this
pressure test requirement applies
regardless of the method chosen to
determine the pressure.
Part 179
Section 179.400–18
This section prescribes pressure test
requirements for the inner tanks of
DOT–113 and DOT–107A cryogenic
liquid tank car tanks and seamless steel
tanks. Paragraph (a) is revised to specify
the metric conversion of 100 °F as 38 °C
for consistency throughout the HMR.
Part 180
Section 180.209
This section prescribes requirements
for the periodic requalification of DOT
specification cylinders. We are revising
paragraph (l) introductory text to change
‘‘§ 171.12a’’ to correctly reference
§§ 171.12(a) and 171.23(a), and
paragraph (l)(2) to correctly reference
certain export requirements contained
in § 171.23(a)(4).
III. Regulatory Analyses and Notices
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.
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
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
57003
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.
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.
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.
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 objectives of the rule.
Paperwork Reduction Act
There are no new information
collection requirements in this final
rule.
Environmental Impact Analysis
There are no environmental impacts
associated with this final rule.
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
E:\FR\FM\01OCR1.SGM
01OCR1
57004
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
List of Subjects
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 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Reporting and recordkeeping
requirements.
49 CFR Part 179
Hazardous materials transportation,
Packaging and containers, Railroad
safety, 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 175
49 CFR Part 180
Hazardous materials transportation,
Motor carriers, Motor vehicle safety,
Packaging and containers, Railroad
safety, Reporting and recordkeeping
requirements.
■ In consideration of the foregoing, 49
CFR Chapter I is amended as follows:
2. In § 171.3, paragraph (b)(1) is
revised to read as follows:
■
§ 171.3
Hazardous waste.
*
*
*
*
*
(b) * * *
(1) Has marked each motor vehicle
used to transport hazardous waste in
accordance with § 390.21 of this title
even though placards may not be
required;
*
*
*
*
*
3. In § 171.7, in the table in paragraph
(a)(3), in the first column, under
‘‘American Pyrotechnics Association,’’
revise the organization’s mailing
address to read as follows:
■
§ 171.7
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
Hazardous materials transportation,
Radioactive materials, Reporting and
recordkeeping requirements.
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.
Reference material.
(a) * * *
(3) Table of material incorporated by
reference. * * *
1. The authority citation for part 171
is revised to read as follows:
■
Source and name of material
*
*
American
Pyrotechnics
Association
(301) 907–8181, www.americanpyro.com:
*
*
*
*
*
*
■ 4. In § 171.8, the definition for
‘‘Diagnostic specimen’’ is removed, a
definition for ‘‘Biological substance,
category B’’ is added in appropriate
alphabetical order, and the definitions
for ‘‘Elevated temperature material’’ and
‘‘Liquid phase’’ are revised to read as
follows:
Definitions and abbreviations.
ebenthall on PROD1PC60 with RULES
*
*
*
*
*
Biological substances, Category B. See
§ 173.134 of this subchapter.
*
*
*
*
*
Elevated temperature material means
a material which, when offered for
transportation or transported in a bulk
packaging:
(1) Is in a liquid phase and at a
temperature at or above 100 °C (212 °F);
(2) Is in a liquid phase with a flash
point at or above 38 °C (100 °F) that is
intentionally heated and offered for
transportation or transported at or above
its flash point; or
VerDate Aug<31>2005
15:26 Sep 30, 2008
*
Box
P.O.
*
*
§ 171.8
*
(APA),
Jkt 217001
49 CFR reference
30438,
*
Bethesda,
*
*
(3) Is in a solid phase and at a
temperature at or above 240 °C (464 °F).
*
*
*
*
*
Liquid phase means a material that
meets the definition of liquid when
evaluated at the higher of the
temperature at which it is offered for
transportation or at which it is
transported, not at the 38 °C (100 °F)
temperature specified in ASTM D 4359
(IBR, see § 171.7).
*
*
*
*
*
5. In § 171.23, paragraph (a)(3)(iii) is
revised to read as follows:
■
§ 171.23 Requirements for specific
materials and packagings transported
under the ICAO Technical Instructions,
IMDG Code, Transport Canada TDG
Regulations, or the IAEA Regulations.
*
*
*
(a) * * *
(3) * * *
PO 00000
Frm 00070
*
Fmt 4700
*
MD
*
Sfmt 4700
*
20824,
*
*
(iii) The cylinder is not refilled for
export unless in compliance with
paragraph (a)(4) of this section.
*
*
*
*
*
■ 6. In § 171.25, paragraphs (b)(1) and
(b)(2) are revised to read as follows:
§ 171.25 Additional requirements for the
use of the IMDG Code.
*
*
*
*
*
(b) * * *
(1) Unless otherwise excepted, a
shipment must conform to the
requirements in part 176 of this
subchapter. For transportation by rail or
highway prior to or subsequent to
transportation by vessel, a shipment
must conform to the applicable
requirements of parts 174 and 177
respectively, of this subchapter, and the
motor vehicle or rail car must be
placarded in accordance with subpart F
of part 172 of this subchapter. When a
hazardous material regulated by this
subchapter for transportation by
highway is transported by motor vehicle
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
on a public highway or by rail under the
provisions of subpart C of part 171, the
segregation requirements of Part 7,
Chapter 7.2 of the IMDG Code are
authorized.
(2) For transportation by vessel, the
stowage and segregation requirements in
Part 7 of the IMDG Code may be
substituted for the stowage and
segregation requirements in part 176 of
this subchapter.
*
*
*
*
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
7. The authority citation for part 172
continues to read as follows:
■
8. The heading to part 172 is revised
to read as follows:
■
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
9. In § 172.201, paragraph (a)(1)(iii) is
revised to read as follows:
■
§ 172.201 Preparation and retention of
shipping papers.
(a) * * *
(1) * * *
(iii) Must be identified by the entry of
an ‘‘X’’ placed before the basic shipping
description required by § 172.202 in a
column captioned ‘‘HM.’’ (The ‘‘X’’ may
be replaced by ‘‘RQ,’’ if appropriate.)
*
*
*
*
*
■ 10. In § 172.202, paragraph (a)(5)
introductory text and paragraph (a)(6)(ii)
are revised to read as follows:
ebenthall on PROD1PC60 with RULES
§ 172.202 Description of hazardous
material on shipping papers.
(a) * * *
(5) Except for transportation by
aircraft, the total quantity of hazardous
materials covered by the description
must be indicated (by mass or volume,
or by activity for Class 7 materials) and
must include an indication of the
applicable unit of measurement, for
example, ‘‘200 kg’’ (440 pounds) or ‘‘50
L’’ (13 gallons). The following
provisions also apply:
*
*
*
*
*
(6) * * *
(ii) For chemical kits and first aid kits,
the total net mass of hazardous
15:26 Sep 30, 2008
Jkt 217001
§ 172.203 Additional description
requirements.
*
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.53.
VerDate Aug<31>2005
materials must be shown. Where the kits
contain only liquids, or solids and
liquids, the net mass of liquids within
the kits is to be calculated on a 1 to 1
basis, i.e., 1 L (0.3 gallons) equals 1 kg
(2.2 pounds);
*
*
*
*
*
■ 11. In § 172.203, the following
amendments are made:
■ a. Paragraphs (c)(2), (d)(1), (i)(2), and
the last sentence in paragraph (k)
introductory text are revised, and
■ b. At the end of paragraph (k)
introductory text, two new sentences are
added.
The revisions and addition read as
follows:
*
*
*
*
(c) * * *
(2) The letters ‘‘RQ’’ must be entered
on the shipping paper either before or
after the basic description required by
§ 172.202 for each hazardous substance
(see definition in § 171.8 of this
subchapter). For example: ‘‘RQ, UN
1098, Allyl alcohol, 6.1, I, Toxicinhalation hazard, Zone B’’; or ‘‘UN
3077, Environmentally hazardous
substances, solid, n.o.s., 9, III, RQ
(Adipic acid)’’.
(d) * * *
(1) The name of each radionuclide in
the Class 7 (radioactive) material that is
listed in § 173.435 of this subchapter.
For mixtures of radionuclides, the
radionuclides required to be shown
must be determined in accordance with
§ 173.433(g) of this subchapter.
Abbreviations, e.g., ‘‘99Mo,’’ are
authorized.
*
*
*
*
*
(i) * * *
(2) Minimum flash point if 60 °C
(140 °F) or below (in °C closed cup
(c.c.)) in association with the basic
description.
*
*
*
*
*
(k) * * * A material classed as
Division 6.2 and assigned identification
number UN 2814 or UN 2900 that is
suspected to contain an unknown
Category A infectious substance must
have the words ‘‘suspected Category A
infectious substance’’ entered in
parentheses in place of the technical
name as part of the proper shipping
description. For additional technical
name options, see the definition for
‘‘Technical name’’ in § 171.8. A
technical name should not be marked
on the outer package of a Division 6.2
material (see § 172.301(b)).
*
*
*
*
*
■ 12. In § 172.320, paragraph (b) is
revised, paragraph (e)(4) is removed,
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
57005
and paragraph (e)(5) is redesignated as
(e)(4) to read as follows:
§ 172.320
Explosive hazardous materials.
*
*
*
*
*
(b) Except for fireworks approved in
accordance with § 173.56(j) of this
subchapter, a package of Class 1
materials may be marked, in lieu of the
EX-number required by paragraph (a) of
this section, with a national stock
number issued by the Department of
Defense or identifying information, such
as a product code required by
regulations for commercial explosives
specified in 27 CFR part 555, if the
national stock number or identifying
information can be specifically
associated with the EX-number
assigned.
*
*
*
*
*
■ 13. In § 172.704, paragraph (a)(2)(ii) is
revised to read as follows:
§ 172.704
Training requirements.
(a) * * *
(2) * * *
(ii) As an alternative to functionspecific training on the requirements of
this subchapter, training relating to the
requirements of the ICAO Technical
Instructions and the IMDG Code may be
provided to the extent such training
addresses functions authorized by
subpart C of part 171 of this subchapter.
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
14. The authority citation for part 173
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
15. In § 173.21, paragraph (f)(3)
introductory text is revised to read as
follows:
■
§ 173.21 Forbidden materials and
packages.
*
*
*
*
*
(f) * * *
(3) Refrigeration may be used as a
means of stabilization only when
approved by the Associate
Administrator. Approvals issued by the
Bureau of Explosives are no longer valid
(see § 171.19 of this subchapter).
Methods of stabilization approved by
the Associate Administrator are as
follows: * * *
*
*
*
*
*
■ 16. In § 173.25, paragraph (a)(4) is
revised to read as follows:
§ 173.25 Authorized packagings and
overpacks.
(a) * * *
E:\FR\FM\01OCR1.SGM
01OCR1
57006
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
(4) The overpack is marked with the
word ‘‘OVERPACK’’ when specification
packagings are required, unless
specification markings on the inside
packages are visible.
*
*
*
*
*
■ 17. In § 173.27, the headings of
paragraphs (b), (c), (d), (e), (f) and (g) are
revised to read as follows:
§ 173.27 General requirements for
transportation by aircraft.
*
*
*
*
*
(b) Packages authorized onboard
aircraft. * * *
(c) Pressure requirements. * * *
(d) Closures. * * *
(e) Absorbent materials. * * *
(f) Combination packagings. * * *
(g) Cylinders. * * *
*
*
*
*
*
■ 18. In § 173.219, paragraph (a) is
revised to read as follows:
§ 173.219
PART 175—CARRIAGE BY AIRCRAFT
21. The authority citation for part 175
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53.
22. In § 175.30, paragraphs (a)(2) and
(a)(3) are revised to read as follows:
■
§ 175.30
Life-saving appliances.
(a) A life-saving appliance, selfinflating or non-self-inflating,
containing small quantities of hazardous
materials that are required as part of the
life-saving appliance must conform to
the requirements of this section.
Packagings must conform to the general
packaging requirements of subpart B of
this part but need not conform to the
requirements of part 178 of this
subchapter. The appliances must be
packed, so that they cannot be
accidentally activated and, except for
life vests, the hazardous materials must
be in inner packagings packed so as to
prevent shifting within the outer
packaging. The hazardous materials
must be an integral part of the appliance
and in quantities that do not exceed
those appropriate for the actual
appliance when in use.
*
*
*
*
*
■ 19. In § 173.227, the heading and the
first sentence in paragraph (b)
introductory text is revised to read as
follows:
ebenthall on PROD1PC60 with RULES
Lighters.
*
*
*
VerDate Aug<31>2005
*
*
15:26 Sep 30, 2008
Jkt 217001
§ 175.33 Shipping paper and notification of
pilot-in-command.
(a) * * *
(6) For Class 7 (radioactive) materials,
the number of packages, overpacks or
freight containers, their category,
transport index (if applicable), and their
location aboard the aircraft;
*
*
*
*
*
24. The authority citation for part 176
is revised to read as follows:
■
*
*
*
*
(b) 1A1, 1B1, 1H1, 1N1, 6HA1, or
6HH1 drums further packed in a 1A2 or
1H2 drum. Both the inner and outer
drums must conform to the performance
test requirements of subpart M of part
178 of this subchapter at the Packing
Group I performance level. * * *
*
*
*
*
*
■ 20. In § 173.308, paragraph (b)(3)(ii) is
revised to read as follows:
§ 173.308
Inspecting shipments.
(a) * * *
(2) Described and certified on a
shipping paper prepared in duplicate in
accordance with part 172 of this
subchapter or as authorized by subpart
C of part 171 of this subchapter. See
§ 175.33 for shipping paper retention
requirements;
(3) Marked and labeled in accordance
with subparts D and E of part 172 or as
authorized by subpart C of part 171 of
this subchapter, and placarded (when
required) in accordance with subpart F
of part 172 of this subchapter; and
*
*
*
*
*
■ 23. In § 175.33, paragraph (a)(6) is
revised to read as follows:
PART 176—CARRIAGE BY VESSEL
§ 173.227 Materials poisonous by
inhalation, Division 6.1, Packing Group I,
Hazard Zone B.
*
(b) * * *
(3) * * *
(ii) After weighing, place the lighters
together in an explosion-proof,
controlled-temperature laboratory oven
capable of maintaining 38 ± 1°C (100 ±
2°F) for 96 continuous hours (4 days).
At the end of 96 hours, remove the
lighters from the oven and place them
in the same desiccator and allow the
lighters to cool to ambient temperature.
*
*
*
*
*
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
25. In § 176.2, the definitions for
‘‘Explosive article’’ and ‘‘INF cargo’’ are
revised to read as follows:
■
§ 176.2
Definitions.
*
*
*
*
*
Explosive article means an article or
device that contains one or more
explosive substances. Individual
explosive substances are identified in
column 17 of the Dangerous Goods List
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
in the IMDG Code (IBR, see § 171.7 of
this subchapter).
*
*
*
*
*
INF cargo means packaged irradiated
nuclear fuel, plutonium or high-level
radioactive wastes as those terms are
defined in the ‘‘International Code for
the Safe Carriage of Packaged Irradiated
Nuclear Fuel, Plutonium and HighLevel Radioactive Wastes on Board
Ships’’ (INF Code) contained in the
IMDG Code.
*
*
*
*
*
26. In § 176.83, paragraph (b)
introductory text is revised to read as
follows:
■
§ 176.83
Segregation.
*
*
*
*
*
(b) General Segregation Table. The
following table sets forth the general
requirements for segregation between
the various classes (divisions) of
hazardous materials. Certain divisions
are listed as separate hazard classes for
the purpose of this table (e.g., ‘‘2.1’’ and
‘‘2.2’’). The properties of materials
within each class may vary greatly and
may require greater segregation than is
reflected in this table. If the § 172.101
Table sets forth particular requirements
for segregation, they take precedence
over these general requirements.
*
*
*
*
*
PART 178—SPECIFICATIONS FOR
PACKAGINGS
27. The authority citation for part 178
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
28. In § 178.36, paragraph (a)(2)
introductory text and the first sentence
in paragraph (f) are revised to read as
follows:
■
§ 178.36 Specification 3A and 3AX
seamless steel cylinders.
(a) * * *
(2) A DOT–3AX is a seamless steel
cylinder with a water capacity not less
than 1,000 pounds and a service
pressure of at least 500 psig, conforming
to the following requirements:
* * *
*
*
*
*
*
(f) Wall thickness. For cylinders with
service pressure less than 900 psig, the
wall stress may not exceed 24,000 psig.
* * *
*
*
*
*
*
29. In § 178.275, paragraph (d)(3)
introductory text and paragraph (i)(2)
are revised to read as follows:
■
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
M = molecular weight of the hazardous
material.
ebenthall on PROD1PC60 with RULES
Q = 12.4
FA0.82
LC
15:26 Sep 30, 2008
k=
Jkt 217001
cp
cv
Where:
cp is the specific heat at constant pressure;
and
cv is the specific heat at constant volume.
(C) When k >1:
MINIMUM EMERGENCY VENT CAPACITY
2
C = k
k +1
k +1
k −1
[Q Values]
(D) When k = 1 or k is unknown, a
value of 0.607 may be used for the
constant C. C may also be taken from the
following table:
A
Exposed
area
(square
meters)
Q
(Cubic
meters
of air per
second)
A
Exposed
area
(square
meters)
Q
(Cubic
meters
of air per
second)
2
3
4
5
6
7
8
9
10
12
14
16
18
20
22.5
25
27.5
30
32.5
35
0.230
0.320
0.405
0.487
0.565
0.641
0.715
0.788
0.859
0.998
1.132
1.263
1.391
1.517
1.670
1.821
1.969
2.115
2.258
2.400
37.5
40
42.5
45
47.5
50
52.5
55
57.5
60
62.5
65
67.5
70
75
80
85
90
95
100
2.539
2.677
2.814
2.949
3.082
3.215
3.346
3.476
3.605
3.733
3.860
3.987
4.112
4.236
4.483
4.726
4.967
5.206
5.442
5.676
C CONSTANT VALUE TABLE
k
C
1.00
1.02
1.04
1.06
1.08
1.10
1.12
1.14
1.16
1.18
1.20
1.22
1.24
1.26
1.28
1.30
1.32
1.34
1.36
1.38
1.40
1.42
1.44
1.46
1.48
1.50
1.52
1.54
1.56
1.58
1.60
1.62
1.64
1.66
1.68
1.70
2.00
2.20
ZT
M
Where:
Q = minimum required rate of discharge in
cubic meters of air per second (m3/s) at
conditions: 1 bar and 0 °C (273 °K);
F = for uninsulated shells: 1; for insulated
shells: U(649¥t)/13.6 but in no case is
less than 0.25
Where:
U = thermal conductance of the insulation,
in kW m¥2K¥1, at 38 °C (100 °F); and t
= actual temperature of the hazardous
material during filling (in °C) or when
this temperature is unknown, let t = 15
°C (59 °F). The value of F given in this
paragraph (i)(2)(i)(A) for insulated shells
may only be used if the insulation is in
conformance with paragraph (i)(2)(iv) of
this section;
A = total external surface area of shell in
square meters;
Z = the gas compressibility factor in the
accumulating condition (when this factor
is unknown, let Z equal 1.0);
T = absolute temperature in Kelvin (°C + 273)
above the pressure relief devices in the
accumulating condition;
L = the latent heat of vaporization of the
liquid, in kJ/kg, in the accumulating
condition;
VerDate Aug<31>2005
(B) The constant C, as shown in the
formula in paragraph (i)(2)(i)(A) of this
section, is derived from one of the
following formulas as a function of the
ratio k of specific heats:
0.607
0.611
0.615
0.620
0.624
0.628
0.633
0.637
0.641
0.645
0.649
0.652
0.656
0.660
0.664
0.667
0.671
0.674
0.678
0.681
0.685
0.688
0.691
0.695
0.698
0.701
0.704
0.707
0.710
0.713
0.716
0.719
0.722
0.725
0.728
0.731
0.770
0.793
(ii) As an alternative to the formula in
paragraph (i)(2)(i)(A) of this section,
relief devices for shells used for
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
(iv) Insulation systems, used for the
purpose of reducing venting capacity,
must be specifically approved by the
approval agency. In all cases, insulation
systems approved for this purpose
must—
(A) Remain effective at all
temperatures up to 649 °C (1200 °F); and
(B) Be jacketed with a material having
a melting point of 700 °C (1292 °F) or
greater.
*
*
*
*
*
■ 30. In § 178.605, paragraph (d)
introductory text, and paragraph (d)(3)
are revised to read as follows:
§ 178.605
Hydrostatic pressure test.
*
*
*
*
*
(d) Test method and pressure to be
applied. Metal packagings and
composite packagings other than plastic
(e.g., glass, porcelain or stoneware),
including their closures, must be
subjected to the test pressure for 5
minutes. Plastic packagings and
E:\FR\FM\01OCR1.SGM
01OCR1
ER01OC08.002</MATH>
*
*
*
*
(d) * * *
(3) Except as provided in paragraph
(d)(2) of this section, every bottom
discharge outlet must be equipped with
three serially fitted and mutually
independent shut-off devices. The
design of the equipment must include:
* * *
*
*
*
*
*
(i) * * *
(2) The combined delivery capacity of
the pressure relief system (taking into
account the reduction of the flow when
the portable tank is fitted with frangiblediscs preceding spring-loaded pressurerelief devices or when the spring-loaded
pressure-relief devices are provided
with a device to prevent the passage of
the flame), in condition of complete fire
engulfment of the portable tank must be
sufficient to limit the pressure in the
shell to 20% above the start to discharge
pressure limiting device (pressure relief
device). The total required capacity of
the relief devices may be determined
using the formula in paragraph
(i)(2)(i)(A) of this section or the table in
paragraph (i)(2)(iii) of this section.
(i)(A) To determine the total required
capacity of the relief devices, which
must be regarded as being the sum of
the individual capacities of all the
contributing devices, the following
formula must be used:
ER01OC08.001</MATH>
*
transporting liquids may be sized in
accordance with the table in paragraph
(i)(2)(iii) of this section. The table in
paragraph (i)(2)(iii) of this section
assumes an insulation value of F = 1
and must be adjusted accordingly when
the shell is insulated. Other values used
in determining the table in paragraph
(i)(2)(iii) of this section are: L = 334.94
kJ/kg; M = 86.7; T = 394 °K; Z = 1; and
C = 0.607.
(iii) Minimum emergency vent
capacity, Q, in cubic meters of air per
second at 1 bar and 0 °C (273 °K) shown
in the following table:
ER01OC08.000</MATH>
§ 178.275 Specification for UN portable
tanks intended for the transportation of
liquid and solid hazardous materials.
57007
57008
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
composite packagings (plastic material),
including their closures, must be
subjected to the test pressure for 30
minutes. This pressure is the one to be
marked as required in § 178.503(a)(5).
The receptacles must be supported in a
manner that does not invalidate the test.
The test pressure must be applied
continuously and evenly, and it must be
kept constant throughout the test
period. In addition, packagings intended
to contain hazardous materials of
Packing Group I must be tested to a
minimum test pressure of 250 kPa (36
psig). The hydraulic pressure (gauge)
applied, taken at the top of the
receptacle, and determined by any one
of the following methods must be:
*
*
*
*
*
(3) Not less than 1.5 times the vapor
pressure at 55 °C (131 °F) of the material
to be transported minus 100 kPa (15
psi), but with a minimum test pressure
of 100 kPa (15 psig).
*
*
*
*
*
■ 31. In § 178.700, paragraph (c)(1) is
revised to read as follows:
§ 178.700
Purpose, scope and definitions.
(c) * * *
(1) Body means the receptacle proper
(including openings and their closures,
but not including service equipment),
that has a volumetric capacity of not
more than three cubic meters (3,000 L,
793 gallons, or 106 cubic feet) and not
less than 0.45 cubic meters (450 L, 119
gallons, or 15.9 cubic feet) or a
maximum net mass of not less than 400
kg (882 pounds).
*
*
*
*
*
■ 32. In § 178.801, paragraph (c)(1) is
revised to read as follows:
§ 178.801
General requirements.
*
*
*
*
*
(c) * * *
(1) IBC design type refers to an IBC
that does not differ in structural design,
size, material of construction, wall
thickness, manner of construction and
representative service equipment.
*
*
*
*
*
PART 179—SPECIFICATIONS FOR
TANK CARS
33. The authority citation for part 179
is revised to read as follows:
ebenthall on PROD1PC60 with RULES
■
VerDate Aug<31>2005
15:26 Sep 30, 2008
Jkt 217001
Authority: 49 U.S.C. 5101–5128; 49 CFR
part 1.53.
34. In § 179.400–18, paragraph (a) is
revised to read as follows:
■
§ 179.400–18
Test of inner tank.
(a) After all items to be welded to the
inner tank have been welded in place,
the inner tank must be pressure tested
at the test pressure prescribed in
§ 179.401–1. The temperature of the
pressurizing medium may not exceed
38 °C (100 °F) during the test. The inner
tank must hold the prescribed pressure
for a period of not less than ten minutes
without leakage or distortion. In a
pneumatic test, due regard for the
protection of all personnel should be
taken because of the potential hazard
involved. After a hydrostatic test the
container and piping must be emptied
of all water and purged of all water
vapor.
*
*
*
*
*
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
35. The authority citation for part 180
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
36. In § 180.209, paragraphs (l)
introductory text and (l)(2) are revised
to read as follows:
■
§ 180.209 Requirements for requalification
of specification cylinders.
*
*
*
*
*
(l) Requalification of foreign cylinders
filled for export. A cylinder
manufactured outside the United States,
other than as provided in §§ 171.12(a)
and 171.23(a) of this subchapter, that
has not been manufactured, inspected,
tested and marked in accordance with
part 178 of this subchapter may be filled
with compressed gas in the United
States, and shipped solely for export if
it meets the following requirements, in
addition to other requirements of this
subchapter:
(1) * * *
(2) It is offered for transportation in
conformance with the requirements of
§ 171.12(a)(4) or § 171.23(a)(4) of this
subchapter.
*
*
*
*
*
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
Issued in Washington, DC, on September
23, 2008, under authority delegated in 49
CFR part 1.
Carl T. Johnson,
Administrator.
[FR Doc. E8–22743 Filed 9–30–08; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 172
Hazardous Materials Table, Special
Provisions, Hazardous Materials
Communications, Emergency
Response Information, and Training
Requirements
CFR Correction
In title 49 of the Code of Federal
Regulations, part 172, revised as of
October 1, 2007, beginning on page 132,
in § 172.101 the following corrections
are made to the Hazardous Materials
Table:
1. The first entry for Amines,
flammable, corrosive, n.o.s. or
Polyamines, flammable corrosive, n.o.s.
UN2733 is removed.
2. The entry for Amines, liquid,
corrosive, flammable n.o.s. or
Polyamines, liquid corrosive, flammable
n.o.s. UN2734 PG I is reinstated above
the second PG II entry in UN2733.
3. The entry for Calcium UN1401 is
reinstated.
4. In Caustic alkali liquids, n.o.s.
UN1719, ‘‘, 52’’ is added to both entries
after the number ‘‘29’’.
5. The entry for Chromosulfuric acid
UN2240 is reinstated.
6. The second entry for Lighters
containing flammable gas UN1057 is
removed.
7. In the entry for Methylhydrazine
UN1244, ‘‘49, 52 and 100’’ are added in
the last column.
8. The entry for Organometallic
substance solid, water reactive UN3395
is reinstated.
The reinstated text reads as follows:
§ 172.101
Special provisions.
*
*
E:\FR\FM\01OCR1.SGM
*
01OCR1
*
*
]]>Agencies
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Rules and Regulations]
[Pages 57001-57008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22743]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178, 179, and 180
[Docket No. PHMSA-2008-0227 (HM-244A)]
RIN 2137-AE40
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.
DATES: Effective date: October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, 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; an incorrect address; 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.
II. Section by Section Review
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.
Part 171
Section 171.3
This section prescribes requirements for transporting hazardous
waste under the HMR. Paragraph (b)(1) requires each motor vehicle to be
marked in accordance with 49 CFR 390.21 and 1058.2. Because Sec.
1058.2 no longer exists, in this final rule we are removing this
reference in paragraph (b)(1).
Section 171.7
Paragraph (a) of Sec. 171.7 lists materials incorporated by
reference into the HMR. In paragraph (a)(3), we are correcting the
mailing address for the American Pyrotechnic Association.
Paragraph (b) of Sec. 171.7 lists information materials that are
not incorporated by reference. In a final rule published on January 28,
2008 (Docket No. 05-21812 (HM-218D); 73 FR 4699, effective October 1,
2008), we added in paragraph (b) an entry for the Compressed Gas
Association's (CGA's) publication, CGA C-1.1 in Sec. 171.7(b). A new
paragraph (g)(6) in Sec. 180.205 listed CGA C-1.1 as an example of
training material that may be used by persons who requalify cylinders
using the volumetric expansion test method. Following the publication
of the HM-215D final rule, we received an appeal from Hydro-Test
(PHMSA-2005-21812-0025) asking us to either remove this reference to
CGA C-1.1 or add examples of other training materials that may be used.
Hydro-Test noted that referencing only the CGA publication in the HMR
could suggest that other training materials are not acceptable. We
added CGA C-1.1 as an example of guidance material that may be used to
assist requalifiers in setting up their cylinder training procedures
and recordkeeping requirements. The publication is not a stand alone
tool for training persons on how to perform requalification of
cylinders using the volumetric expansion test method. However, to
alleviate confusion for cylinder requalifiers, in this final rule, we
are removing the new entry for CGA C-1.1 from Sec. 171.7(b) and
paragraph (g)(6) from Sec. 180.205.
[[Page 57002]]
Section 171.8
This section contains definitions for terms used in the HMR. We
inadvertently omitted replacing the name ``Diagnostic specimens'' with
the name ``Biological substances, category B'' when we revised the HMR
to harmonize its infectious substance requirements with international
requirements and removed the name ``Diagnostic specimens'' under Docket
No. PHMSA-2004-16895 (HM-226A; 71 FR 32244, 6/2/06). In this final
rule, we are correcting this oversight. Also, we are revising the
definitions for ``Elevated temperature material'' and ``Liquid phase''
to specify the metric conversion of 100 [deg]F as 38 [deg]C for
consistency throughout the HMR and with that specified in the American
Society for Testing and Materials (ASTM) Standard ASTM D 4359,
``Standard Test Method for Determining Whether a Material is a Liquid
or a Solid,'' which the HMR incorporates by reference under Sec.
171.7.
Section 171.23
This section prescribes requirements for specific materials and
packagings transported under the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), International
Maritime Dangerous Goods Code (IMDG Code), Transport Canada's
Transportation of Dangerous Goods Regulations (Transport Canada TDG
Regulations), and the International Atomic Energy Agency Regulations
for the Safe Transport of Radioactive Material (IAEA Regulations). In
this final rule, we are revising paragraph (a)(3)(iii) to correct the
reference ``(a)(3)'' to ``(a)(4).''
Section 171.25
This section prescribes additional requirements for the use of the
IMDG Code under the HMR. In this final rule, we are correcting several
inadvertent errors in this section. In paragraph (b)(1), we are
revising the regulatory text to clarify that the segregation
requirements in Part 7 of the IMDG Code may be utilized for both rail
and highway transportation. The rail mode was inadvertently removed in
the printing of the HM-215F final rule published on May 3, 2007. We are
also correcting the word ``subpart'' to read ``subchapter'' in the
second sentence of this paragraph, and the reference to ``Part 7,
Chapter 2,'' of the IMDG Code to read ``Part 7, Chapter 7.2'' in the
last sentence. In paragraph (b)(2), we are clarifying that the
paragraph applies to transportation by vessel.
Part 172
In the heading to Part 172, we are adding the words ``Security
Plans'' to reflect the security plan requirements in Subpart I of Part
172.
Section 172.201
This section prescribes requirements on the preparation and
retention of shipping papers. Paragraph (a)(1)(iii) is corrected to
clarify the use of the letter ``X'' to identify hazardous materials on
a shipping paper. The clarification allows the letter ``X'' to be
placed in a column titled ``HM'' appearing before the basic shipping
description instead of the proper shipping name of a hazardous material
to recognize that the identification number may appear first in the
basic shipping description as provided in Sec. 172.202(b).
Section 172.202
This section prescribes requirements for shipping descriptions on
shipping papers. In paragraphs (a)(5) and (a)(6)(ii), we are inserting
the U.S. standard measurement conversions after the metric measurements
for clarity.
Section 172.203
This section prescribes additional description requirements for
hazardous materials on shipping papers. In this final rule, we are
correcting the examples provided in this section as follows:
We are revising paragraph (c)(2) to reflect in the example
the basic shipping description sequence prescribed in Sec. 172.202(b),
with the UN identification number appearing first, and to correct the
example of the basic description for ``Allyl alcohol'' to state that
this material is a Zone B toxic inhalation hazard.
We are revising paragraph (d)(1) to correct the spelling
of the word ``radionuclides'' in the second sentence.
We are revising paragraph (i)(2), which contains
additional shipping paper description requirements for flammable
liquids transported by vessel, to reflect a flash point at 60 [deg]C
(140 [deg]F) in place of 61 [deg]C for consistency with the provisions
contained in 49 CFR 173.120(a) and paragraph 5.4.1.4.3 of the IMDG
Code.
Paragraph (k) requires the use of a technical name with a
proper shipping name designated as generic with the letter ``G'' in
Column 1 of the Sec. 172.101 Table. We are making a minor editorial
revision to the last sentence in paragraph (k) and adding two new
sentences to refer readers to the definition of ``Technical name'' in
Sec. 171.8 and to other relevant information in Sec. 172.301.
Section 172.320
This section prescribes the marking requirements for explosive
hazardous materials. In paragraph (b), we are correcting the reference
to the regulation requiring a product code for commercial explosives
from ``27 CFR part 55'' to read ``27 CFR part 555.''
In addition, we are removing current paragraph (e)(4), which
contains an expired transitional provision, and redesignating current
paragraph (e)(5) as paragraph (e)(4).
Section 172.704
This section prescribes training requirements for hazmat employees.
In paragraph (a)(2)(ii), we are revising the reference to ``Sec. Sec.
171.11 and 171.12'' to read ``authorized by subpart C of part 171 of
this subchapter'' to be consistent with revisions adopted in the final
rule issued under Docket No. PHMSA-2005-24131 (HM-215F, 72 FR 25162, 3/
5/07).
Part 173
Section 173.21
This section prescribes the hazardous materials and packages that
are forbidden in transportation. In this final rule, we are revising
paragraph (f)(3) to clearly state that approvals issued by the Bureau
of Explosives are no longer valid.
Section 173.25
This section prescribes requirements for transporting hazardous
materials packages in overpacks. In this final rule, we are removing
the second sentence in paragraph (a)(4) because it contains an expired
compliance date.
Section 173.219
This section prescribes requirements for transporting life-saving
appliances and matches. In this final rule, we are amending paragraph
(a) by replacing the word ``movement'' with ``shifting'' to clarify the
devices must be placed in inner packagings that are packed in outer
packagings in a manner to prevent the devices from shifting within the
outer packaging.
Section 173.227
This section prescribes requirements for packaging poisonous-by-
inhalation materials, in Division 6.1, Packing Group I, Hazard Zone B.
We are revising paragraph (b) to include UN 6HH1 composite packagings
with an inner protective plastic drum. This revision was inadvertently
omitted in a final rule issued under Docket No. RSPA-04-
[[Page 57003]]
17036 (HM-215G, 69 FR 76043, 12/20/04).
Section 173.308
This section sets forth requirements for the transportation of
lighters. In this final rule, we are revising paragraph (b)(3)(ii) to
specify the metric conversion of 100 [deg]F as 38 [deg]C for
consistency throughout the HMR.
Part 175
Section 175.30
This section prescribes requirements for inspecting hazardous
materials shipments aboard an aircraft. A capitalization error is
corrected in paragraph (a)(2). In paragraph (a)(3), we are revising the
reference to Sec. 171.11 to read ``as authorized by subpart C of part
171 of this subchapter'' to be consistent with the revisions adopted
under HM-215F.
Part 176
Section 176.83
This section prescribes segregation requirements for hazardous
materials transported by vessel. In this final rule, we are revising
paragraph (b) to clarify that although Column 1 of Table Sec.
176.83(b) is titled ``Class,'' it also lists certain hazard class
divisions.
Part 178
Section 178.36
This section contains the design and manufacture requirements for
DOT 3A and 3AX seamless steel cylinders. In paragraph (a)(2), we are
correcting the wording ``seamless stainless steel cylinder'' to remove
the word stainless, and in the first sentence in paragraph (f), the
wording ``service pressure less than 900 pounds'' to read ``service
pressure less than 900 psig''.
Section 178.275
This section prescribes design and manufacture standards for UN
portable tanks intended for the transportation of liquid and solid
hazardous materials. In the HM-215G final rule, paragraph (i)(2), the
introductory text was revised to clarify the combined delivery capacity
of a UN portable tank's relief system. However, the amendatory language
incorrectly stated that paragraph (i)(2) was revised. As a result, all
the vent capacity formulas and tables referenced in the paragraph were
removed. We are reinstating paragraphs (i)(2)(i)-(iv) in this final
rule. In addition, in paragraph (d)(3), the reference to ``(c)(2)'' is
corrected to read ``(d)(2).''
Section 178.605
This section prescribes the hydrostatic test requirements for non-
bulk UN standard packagings. In this final rule, we are relocating the
last sentence in paragraph (d)(3) requiring the performance of a
pressure test on packagings intended to contain Packing Group I
hazardous materials at a minimum test pressure of 250 kPa (36 psig) to
paragraph (d) introductory text, preceding the list of methods
contained in paragraphs (d)(1)-(d)(3). We are making this revision to
clarify that this pressure test requirement applies regardless of the
method chosen to determine the pressure.
Part 179
Section 179.400-18
This section prescribes pressure test requirements for the inner
tanks of DOT-113 and DOT-107A cryogenic liquid tank car tanks and
seamless steel tanks. Paragraph (a) is revised to specify the metric
conversion of 100 [deg]F as 38 [deg]C for consistency throughout the
HMR.
Part 180
Section 180.209
This section prescribes requirements for the periodic
requalification of DOT specification cylinders. We are revising
paragraph (l) introductory text to change ``Sec. 171.12a'' to
correctly reference Sec. Sec. 171.12(a) and 171.23(a), and paragraph
(l)(2) to correctly reference certain export requirements contained in
Sec. 171.23(a)(4).
III. Regulatory Analyses and Notices
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.
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.
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.
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.
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 objectives of the rule.
Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
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
[[Page 57004]]
year. The RIN number contained in the heading of this document can be
used to cross-reference this action with the Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
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 175
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 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 is revised 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
2. In Sec. 171.3, paragraph (b)(1) is revised to read as follows:
Sec. 171.3 Hazardous waste.
* * * * *
(b) * * *
(1) Has marked each motor vehicle used to transport hazardous waste
in accordance with Sec. 390.21 of this title even though placards may
not be required;
* * * * *
0
3. In Sec. 171.7, in the table in paragraph (a)(3), in the first
column, under ``American Pyrotechnics Association,'' revise the
organization's mailing address to read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
American Pyrotechnics Association .................................
(APA), P.O. Box 30438, Bethesda, MD
20824, (301) 907-8181,
www.americanpyro.com:
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
4. In Sec. 171.8, the definition for ``Diagnostic specimen'' is
removed, a definition for ``Biological substance, category B'' is added
in appropriate alphabetical order, and the definitions for ``Elevated
temperature material'' and ``Liquid phase'' are revised to read as
follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Biological substances, Category B. See Sec. 173.134 of this
subchapter.
* * * * *
Elevated temperature material means a material which, when offered
for transportation or transported in a bulk packaging:
(1) Is in a liquid phase and at a temperature at or above 100
[deg]C (212 [deg]F);
(2) Is in a liquid phase with a flash point at or above 38 [deg]C
(100 [deg]F) that is intentionally heated and offered for
transportation or transported at or above its flash point; or
(3) Is in a solid phase and at a temperature at or above 240 [deg]C
(464 [deg]F).
* * * * *
Liquid phase means a material that meets the definition of liquid
when evaluated at the higher of the temperature at which it is offered
for transportation or at which it is transported, not at the 38 [deg]C
(100 [deg]F) temperature specified in ASTM D 4359 (IBR, see Sec.
171.7).
* * * * *
0
5. In Sec. 171.23, paragraph (a)(3)(iii) 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.
* * * * *
(a) * * *
(3) * * *
(iii) The cylinder is not refilled for export unless in compliance
with paragraph (a)(4) of this section.
* * * * *
0
6. In Sec. 171.25, paragraphs (b)(1) and (b)(2) are revised to read as
follows:
Sec. 171.25 Additional requirements for the use of the IMDG Code.
* * * * *
(b) * * *
(1) Unless otherwise excepted, a shipment must conform to the
requirements in part 176 of this subchapter. For transportation by rail
or highway prior to or subsequent to transportation by vessel, a
shipment must conform to the applicable requirements of parts 174 and
177 respectively, of this subchapter, and the motor vehicle or rail car
must be placarded in accordance with subpart F of part 172 of this
subchapter. When a hazardous material regulated by this subchapter for
transportation by highway is transported by motor vehicle
[[Page 57005]]
on a public highway or by rail under the provisions of subpart C of
part 171, the segregation requirements of Part 7, Chapter 7.2 of the
IMDG Code are authorized.
(2) For transportation by vessel, the stowage and segregation
requirements in Part 7 of the IMDG Code may be substituted for the
stowage and segregation requirements in part 176 of this subchapter.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
7. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
0
8. The heading to part 172 is revised to read as follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
9. In Sec. 172.201, paragraph (a)(1)(iii) is revised to read as
follows:
Sec. 172.201 Preparation and retention of shipping papers.
(a) * * *
(1) * * *
(iii) Must be identified by the entry of an ``X'' placed before the
basic shipping description required by Sec. 172.202 in a column
captioned ``HM.'' (The ``X'' may be replaced by ``RQ,'' if
appropriate.)
* * * * *
0
10. In Sec. 172.202, paragraph (a)(5) introductory text and paragraph
(a)(6)(ii) are revised to read as follows:
Sec. 172.202 Description of hazardous material on shipping papers.
(a) * * *
(5) Except for transportation by aircraft, the total quantity of
hazardous materials covered by the description must be indicated (by
mass or volume, or by activity for Class 7 materials) and must include
an indication of the applicable unit of measurement, for example, ``200
kg'' (440 pounds) or ``50 L'' (13 gallons). The following provisions
also apply:
* * * * *
(6) * * *
(ii) For chemical kits and first aid kits, the total net mass of
hazardous materials must be shown. Where the kits contain only liquids,
or solids and liquids, the net mass of liquids within the kits is to be
calculated on a 1 to 1 basis, i.e., 1 L (0.3 gallons) equals 1 kg (2.2
pounds);
* * * * *
0
11. In Sec. 172.203, the following amendments are made:
0
a. Paragraphs (c)(2), (d)(1), (i)(2), and the last sentence in
paragraph (k) introductory text are revised, and
0
b. At the end of paragraph (k) introductory text, two new sentences are
added.
The revisions and addition read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(c) * * *
(2) The letters ``RQ'' must be entered on the shipping paper either
before or after the basic description required by Sec. 172.202 for
each hazardous substance (see definition in Sec. 171.8 of this
subchapter). For example: ``RQ, UN 1098, Allyl alcohol, 6.1, I, Toxic-
inhalation hazard, Zone B''; or ``UN 3077, Environmentally hazardous
substances, solid, n.o.s., 9, III, RQ (Adipic acid)''.
(d) * * *
(1) The name of each radionuclide in the Class 7 (radioactive)
material that is listed in Sec. 173.435 of this subchapter. For
mixtures of radionuclides, the radionuclides required to be shown must
be determined in accordance with Sec. 173.433(g) of this subchapter.
Abbreviations, e.g., ``\99\Mo,'' are authorized.
* * * * *
(i) * * *
(2) Minimum flash point if 60 [deg]C (140 [deg]F) or below (in
[deg]C closed cup (c.c.)) in association with the basic description.
* * * * *
(k) * * * A material classed as Division 6.2 and assigned
identification number UN 2814 or UN 2900 that is suspected to contain
an unknown Category A infectious substance must have the words
``suspected Category A infectious substance'' entered in parentheses in
place of the technical name as part of the proper shipping description.
For additional technical name options, see the definition for
``Technical name'' in Sec. 171.8. A technical name should not be
marked on the outer package of a Division 6.2 material (see Sec.
172.301(b)).
* * * * *
0
12. In Sec. 172.320, paragraph (b) is revised, paragraph (e)(4) is
removed, and paragraph (e)(5) is redesignated as (e)(4) to read as
follows:
Sec. 172.320 Explosive hazardous materials.
* * * * *
(b) Except for fireworks approved in accordance with Sec.
173.56(j) of this subchapter, a package of Class 1 materials may be
marked, in lieu of the EX-number required by paragraph (a) of this
section, with a national stock number issued by the Department of
Defense or identifying information, such as a product code required by
regulations for commercial explosives specified in 27 CFR part 555, if
the national stock number or identifying information can be
specifically associated with the EX-number assigned.
* * * * *
0
13. In Sec. 172.704, paragraph (a)(2)(ii) is revised to read as
follows:
Sec. 172.704 Training requirements.
(a) * * *
(2) * * *
(ii) As an alternative to function-specific training on the
requirements of this subchapter, training relating to the requirements
of the ICAO Technical Instructions and the IMDG Code may be provided to
the extent such training addresses functions authorized by subpart C of
part 171 of this subchapter.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
14. The authority citation for part 173 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
15. In Sec. 173.21, paragraph (f)(3) introductory text is revised to
read as follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(f) * * *
(3) Refrigeration may be used as a means of stabilization only when
approved by the Associate Administrator. Approvals issued by the Bureau
of Explosives are no longer valid (see Sec. 171.19 of this
subchapter). Methods of stabilization approved by the Associate
Administrator are as follows: * * *
* * * * *
0
16. In Sec. 173.25, paragraph (a)(4) is revised to read as follows:
Sec. 173.25 Authorized packagings and overpacks.
(a) * * *
[[Page 57006]]
(4) The overpack is marked with the word ``OVERPACK'' when
specification packagings are required, unless specification markings on
the inside packages are visible.
* * * * *
0
17. In Sec. 173.27, the headings of paragraphs (b), (c), (d), (e), (f)
and (g) are revised to read as follows:
Sec. 173.27 General requirements for transportation by aircraft.
* * * * *
(b) Packages authorized onboard aircraft. * * *
(c) Pressure requirements. * * *
(d) Closures. * * *
(e) Absorbent materials. * * *
(f) Combination packagings. * * *
(g) Cylinders. * * *
* * * * *
0
18. In Sec. 173.219, paragraph (a) is revised to read as follows:
Sec. 173.219 Life-saving appliances.
(a) A life-saving appliance, self-inflating or non-self-inflating,
containing small quantities of hazardous materials that are required as
part of the life-saving appliance must conform to the requirements of
this section. Packagings must conform to the general packaging
requirements of subpart B of this part but need not conform to the
requirements of part 178 of this subchapter. The appliances must be
packed, so that they cannot be accidentally activated and, except for
life vests, the hazardous materials must be in inner packagings packed
so as to prevent shifting within the outer packaging. The hazardous
materials must be an integral part of the appliance and in quantities
that do not exceed those appropriate for the actual appliance when in
use.
* * * * *
0
19. In Sec. 173.227, the heading and the first sentence in paragraph
(b) introductory text is revised to read as follows:
Sec. 173.227 Materials poisonous by inhalation, Division 6.1, Packing
Group I, Hazard Zone B.
* * * * *
(b) 1A1, 1B1, 1H1, 1N1, 6HA1, or 6HH1 drums further packed in a 1A2
or 1H2 drum. Both the inner and outer drums must conform to the
performance test requirements of subpart M of part 178 of this
subchapter at the Packing Group I performance level. * * *
* * * * *
0
20. In Sec. 173.308, paragraph (b)(3)(ii) is revised to read as
follows:
Sec. 173.308 Lighters.
* * * * *
(b) * * *
(3) * * *
(ii) After weighing, place the lighters together in an explosion-
proof, controlled-temperature laboratory oven capable of maintaining 38
1[deg]C (100 2[deg]F) for 96 continuous hours
(4 days). At the end of 96 hours, remove the lighters from the oven and
place them in the same desiccator and allow the lighters to cool to
ambient temperature.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
21. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.
0
22. In Sec. 175.30, paragraphs (a)(2) and (a)(3) are revised to read
as follows:
Sec. 175.30 Inspecting shipments.
(a) * * *
(2) Described and certified on a shipping paper prepared in
duplicate in accordance with part 172 of this subchapter or as
authorized by subpart C of part 171 of this subchapter. See Sec.
175.33 for shipping paper retention requirements;
(3) Marked and labeled in accordance with subparts D and E of part
172 or as authorized by subpart C of part 171 of this subchapter, and
placarded (when required) in accordance with subpart F of part 172 of
this subchapter; and
* * * * *
0
23. In Sec. 175.33, paragraph (a)(6) is revised to read as follows:
Sec. 175.33 Shipping paper and notification of pilot-in-command.
(a) * * *
(6) For Class 7 (radioactive) materials, the number of packages,
overpacks or freight containers, their category, transport index (if
applicable), and their location aboard the aircraft;
* * * * *
PART 176--CARRIAGE BY VESSEL
0
24. The authority citation for part 176 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
25. In Sec. 176.2, the definitions for ``Explosive article'' and ``INF
cargo'' are revised to read as follows:
Sec. 176.2 Definitions.
* * * * *
Explosive article means an article or device that contains one or
more explosive substances. Individual explosive substances are
identified in column 17 of the Dangerous Goods List in the IMDG Code
(IBR, see Sec. 171.7 of this subchapter).
* * * * *
INF cargo means packaged irradiated nuclear fuel, plutonium or
high-level radioactive wastes as those terms are defined in the
``International Code for the Safe Carriage of Packaged Irradiated
Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board
Ships'' (INF Code) contained in the IMDG Code.
* * * * *
0
26. In Sec. 176.83, paragraph (b) introductory text is revised to read
as follows:
Sec. 176.83 Segregation.
* * * * *
(b) General Segregation Table. The following table sets forth the
general requirements for segregation between the various classes
(divisions) of hazardous materials. Certain divisions are listed as
separate hazard classes for the purpose of this table (e.g., ``2.1''
and ``2.2''). The properties of materials within each class may vary
greatly and may require greater segregation than is reflected in this
table. If the Sec. 172.101 Table sets forth particular requirements
for segregation, they take precedence over these general requirements.
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
27. The authority citation for part 178 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
28. In Sec. 178.36, paragraph (a)(2) introductory text and the first
sentence in paragraph (f) are revised to read as follows:
Sec. 178.36 Specification 3A and 3AX seamless steel cylinders.
(a) * * *
(2) A DOT-3AX is a seamless steel cylinder with a water capacity
not less than 1,000 pounds and a service pressure of at least 500 psig,
conforming to the following requirements:
* * *
* * * * *
(f) Wall thickness. For cylinders with service pressure less than
900 psig, the wall stress may not exceed 24,000 psig. * * *
* * * * *
0
29. In Sec. 178.275, paragraph (d)(3) introductory text and paragraph
(i)(2) are revised to read as follows:
[[Page 57007]]
Sec. 178.275 Specification for UN portable tanks intended for the
transportation of liquid and solid hazardous materials.
* * * * *
(d) * * *
(3) Except as provided in paragraph (d)(2) of this section, every
bottom discharge outlet must be equipped with three serially fitted and
mutually independent shut-off devices. The design of the equipment must
include: * * *
* * * * *
(i) * * *
(2) The combined delivery capacity of the pressure relief system
(taking into account the reduction of the flow when the portable tank
is fitted with frangible-discs preceding spring-loaded pressure-relief
devices or when the spring-loaded pressure-relief devices are provided
with a device to prevent the passage of the flame), in condition of
complete fire engulfment of the portable tank must be sufficient to
limit the pressure in the shell to 20% above the start to discharge
pressure limiting device (pressure relief device). The total required
capacity of the relief devices may be determined using the formula in
paragraph (i)(2)(i)(A) of this section or the table in paragraph
(i)(2)(iii) of this section.
(i)(A) To determine the total required capacity of the relief
devices, which must be regarded as being the sum of the individual
capacities of all the contributing devices, the following formula must
be used:
[GRAPHIC] [TIFF OMITTED] TR01OC08.000
Where:
Q = minimum required rate of discharge in cubic meters of air per
second (m\3\/s) at conditions: 1 bar and 0 [deg]C (273 [deg]K);
F = for uninsulated shells: 1; for insulated shells: U(649-t)/13.6
but in no case is less than 0.25
Where:
U = thermal conductance of the insulation, in kW
m-2K-1, at 38 [deg]C (100 [deg]F); and t =
actual temperature of the hazardous material during filling (in
[deg]C) or when this temperature is unknown, let t = 15 [deg]C (59
[deg]F). The value of F given in this paragraph (i)(2)(i)(A) for
insulated shells may only be used if the insulation is in
conformance with paragraph (i)(2)(iv) of this section;
A = total external surface area of shell in square meters;
Z = the gas compressibility factor in the accumulating condition
(when this factor is unknown, let Z equal 1.0);
T = absolute temperature in Kelvin ([deg]C + 273) above the pressure
relief devices in the accumulating condition;
L = the latent heat of vaporization of the liquid, in kJ/kg, in the
accumulating condition;
M = molecular weight of the hazardous material.
(B) The constant C, as shown in the formula in paragraph
(i)(2)(i)(A) of this section, is derived from one of the following
formulas as a function of the ratio k of specific heats:
[GRAPHIC] [TIFF OMITTED] TR01OC08.001
Where:
cp is the specific heat at constant pressure; and
cv is the specific heat at constant volume.
(C) When k >1:
[GRAPHIC] [TIFF OMITTED] TR01OC08.002
(D) When k = 1 or k is unknown, a value of 0.607 may be used for
the constant C. C may also be taken from the following table:
C Constant Value Table
------------------------------------------------------------------------
k C
------------------------------------------------------------------------
1.00 0.607
1.02 0.611
1.04 0.615
1.06 0.620
1.08 0.624
1.10 0.628
1.12 0.633
1.14 0.637
1.16 0.641
1.18 0.645
1.20 0.649
1.22 0.652
1.24 0.656
1.26 0.660
1.28 0.664
1.30 0.667
1.32 0.671
1.34 0.674
1.36 0.678
1.38 0.681
1.40 0.685
1.42 0.688
1.44 0.691
1.46 0.695
1.48 0.698
1.50 0.701
1.52 0.704
1.54 0.707
1.56 0.710
1.58 0.713
1.60 0.716
1.62 0.719
1.64 0.722
1.66 0.725
1.68 0.728
1.70 0.731
2.00 0.770
2.20 0.793
------------------------------------------------------------------------
(ii) As an alternative to the formula in paragraph (i)(2)(i)(A) of
this section, relief devices for shells used for transporting liquids
may be sized in accordance with the table in paragraph (i)(2)(iii) of
this section. The table in paragraph (i)(2)(iii) of this section
assumes an insulation value of F = 1 and must be adjusted accordingly
when the shell is insulated. Other values used in determining the table
in paragraph (i)(2)(iii) of this section are: L = 334.94 kJ/kg; M =
86.7; T = 394 [deg]K; Z = 1; and C = 0.607.
(iii) Minimum emergency vent capacity, Q, in cubic meters of air
per second at 1 bar and 0 [deg]C (273 [deg]K) shown in the following
table:
Minimum Emergency Vent Capacity
[Q Values]
------------------------------------------------------------------------
Q (Cubic meters Q (Cubic meters
A Exposed area of air per A Exposed area of air per
(square meters) second) (square meters) second)
------------------------------------------------------------------------
2 0.230 37.5 2.539
3 0.320 40 2.677
4 0.405 42.5 2.814
5 0.487 45 2.949
6 0.565 47.5 3.082
7 0.641 50 3.215
8 0.715 52.5 3.346
9 0.788 55 3.476
10 0.859 57.5 3.605
12 0.998 60 3.733
14 1.132 62.5 3.860
16 1.263 65 3.987
18 1.391 67.5 4.112
20 1.517 70 4.236
22.5 1.670 75 4.483
25 1.821 80 4.726
27.5 1.969 85 4.967
30 2.115 90 5.206
32.5 2.258 95 5.442
35 2.400 100 5.676
------------------------------------------------------------------------
(iv) Insulation systems, used for the purpose of reducing venting
capacity, must be specifically approved by the approval agency. In all
cases, insulation systems approved for this purpose must--
(A) Remain effective at all temperatures up to 649 [deg]C (1200
[deg]F); and
(B) Be jacketed with a material having a melting point of 700
[deg]C (1292 [deg]F) or greater.
* * * * *
0
30. In Sec. 178.605, paragraph (d) introductory text, and paragraph
(d)(3) are revised to read as follows:
Sec. 178.605 Hydrostatic pressure test.
* * * * *
(d) Test method and pressure to be applied. Metal packagings and
composite packagings other than plastic (e.g., glass, porcelain or
stoneware), including their closures, must be subjected to the test
pressure for 5 minutes. Plastic packagings and
[[Page 57008]]
composite packagings (plastic material), including their closures, must
be subjected to the test pressure for 30 minutes. This pressure is the
one to be marked as required in Sec. 178.503(a)(5). The receptacles
must be supported in a manner that does not invalidate the test. The
test pressure must be applied continuously and evenly, and it must be
kept constant throughout the test period. In addition, packagings
intended to contain hazardous materials of Packing Group I must be
tested to a minimum test pressure of 250 kPa (36 psig). The hydraulic
pressure (gauge) applied, taken at the top of the receptacle, and
determined by any one of the following methods must be:
* * * * *
(3) Not less than 1.5 times the vapor pressure at 55 [deg]C (131
[deg]F) of the material to be transported minus 100 kPa (15 psi), but
with a minimum test pressure of 100 kPa (15 psig).
* * * * *
0
31. In Sec. 178.700, paragraph (c)(1) is revised to read as follows:
Sec. 178.700 Purpose, scope and definitions.
(c) * * *
(1) Body means the receptacle proper (including openings and their
closures, but not including service equipment), that has a volumetric
capacity of not more than three cubic meters (3,000 L, 793 gallons, or
106 cubic feet) and not less than 0.45 cubic meters (450 L, 119
gallons, or 15.9 cubic feet) or a maximum net mass of not less than 400
kg (882 pounds).
* * * * *
0
32. In Sec. 178.801, paragraph (c)(1) is revised to read as follows:
Sec. 178.801 General requirements.
* * * * *
(c) * * *
(1) IBC design type refers to an IBC that does not differ in
structural design, size, material of construction, wall thickness,
manner of construction and representative service equipment.
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
33. The authority citation for part 179 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR part 1.53.
0
34. In Sec. 179.400-18, paragraph (a) is revised to read as follows:
Sec. 179.400-18 Test of inner tank.
(a) After all items to be welded to the inner tank have been welded
in place, the inner tank must be pressure tested at the test pressure
prescribed in Sec. 179.401-1. The temperature of the pressurizing
medium may not exceed 38 [deg]C (100 [deg]F) during the test. The inner
tank must hold the prescribed pressure for a period of not less than
ten minutes without leakage or distortion. In a pneumatic test, due
regard for the protection of all personnel should be taken because of
the potential hazard involved. After a hydrostatic test the container
and piping must be emptied of all water and purged of all water vapor.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
35. The authority citation for part 180 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
36. In Sec. 180.209, paragraphs (l) introductory text and (l)(2) are
revised to read as follows:
Sec. 180.209 Requirements for requalification of specification
cylinders.
* * * * *
(l) Requalification of foreign cylinders filled for export. A
cylinder manufactured outside the United States, other than as provided
in Sec. Sec. 171.12(a) and 171.23(a) of this subchapter, that has not
been manufactured, inspected, tested and marked in accordance with part
178 of this subchapter may be filled with compressed gas in the United
States, and shipped solely for export if it meets the following
requirements, in addition to other requirements of this subchapter:
(1) * * *
(2) It is offered for transportation in conformance with the
requirements of Sec. 171.12(a)(4) or Sec. 171.23(a)(4) of this
subchapter.
* * * * *
Issued in Washington, DC, on September 23, 2008, under authority
delegated in 49 CFR part 1.
Carl T. Johnson,
Administrator.
[FR Doc. E8-22743 Filed 9-30-08; 8:45 am]
BILLING CODE 4910-60-P
