Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements, 57008-57010 [E8-23119]
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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
■
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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.
*
*
*
*
*
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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.
*
*
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01OCR1
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*
Hazardous materials
descriptions and proper
shipping names
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................
................
................
*
Organometallic substance, solid, waterreactive.
*
4.3
8
*
Chromosulfuric acid ....
8
4.3
(3)
Hazard
class or Division
*
Amines, liquid, corrosive, flammable
n.o.s. or Polyamines,
liquid corrosive, flammable n.o.s.
*
Calcium .......................
(1)
................
(2)
Symbols
ebenthall on PROD1PC60 with RULES
*
*
UN3395
*
UN2240
*
UN1401
*
UN2734
(4)
Identification Numbers
(5)
PG
I
I
II
I
4.3
8
4.3
8,3
(6)
Label
Codes
IB7, IP2, T3,
TP33
*
*
N40, T9, TP7,
TP33
*
A3, A6, A7, B4,
B6, N34, T10
*
A3, A6, N34,
T14, TP2, TP27
*
(7)
Special provisions
(§ 172.102)
None
None
151
None
(8A)
Exceptions
(8)
211
201
212
201
(8B)
*
*
*
*
*
Non-bulk
Packaging
§ 172.101 HAZARDOUS MATERIALS TABLE
242
243
241
243
(8C)
Bulk
Forbidden
0.5L
15 kg
0.5L
(9A)
Passenger
aircraft/rail
2.5L
2.5L
*
*
Forbidden
*
*
50kg
*
(9B)
Cargo aircraft only
Quantity limitations
(9)
E
B
E
A
(10A)
Location
(10)
40, 52
40, 66,
74, 89,
90
52
52
(10B)
Other
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
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57009
57010
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
[FR Doc. E8–23119 Filed 9–30–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 222 and 223
[Docket No. 0809241260–81267–01]
RIN 0648–XK78
Sea Turtle Conservation; Shrimp
Trawling Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
SUMMARY: NMFS issues this temporary
rule for a period of 30 days, to allow
shrimp fishermen to use limited tow
times as an alternative to Turtle
Excluder Devices (TEDs) in state and
Federal waters offshore of Louisiana
(from the Mississippi/Louisiana
boundary to the Texas/Louisiana
boundary) extending offshore 20
nautical miles. This action is necessary
because environmental conditions
resulting from Hurricanes Gustav and
Ike are preventing some fishermen from
using TEDs effectively.
DATES: Effective from September 26,
2008 through October 27, 2008.
ADDRESSES: Requests for copies of the
Environmental Assessment on this
action should be addressed to the
Assistant Regional Administrator,
Protected Resources Division, NMFS,
263 13th Avenue South, St. Petersburg,
FL 33701.
FOR FURTHER INFORMATION CONTACT:
Michael Barnette, 727–551–5794.
SUPPLEMENTARY INFORMATION:
ebenthall on PROD1PC60 with RULES
Background
All sea turtles that occur in U.S.
waters are listed as either endangered or
threatened under the Endangered
Species Act of 1973 (ESA). The Kemp’s
ridley (Lepidochelys kempii),
leatherback (Dermochelys coriacea), and
hawksbill (Eretmochelys imbricata)
turtles are listed as endangered. The
loggerhead (Caretta caretta) and green
(Chelonia mydas) turtles are listed as
threatened, except for breeding
populations of green turtles in Florida
and on the Pacific coast of Mexico,
which are listed as endangered.
Sea turtles are incidentally taken, and
some are killed, as a result of numerous
activities, including fishery-related
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15:26 Sep 30, 2008
Jkt 217001
trawling activities in the Gulf of Mexico
and along the Atlantic seaboard. Under
the ESA and its implementing
regulations, the taking of sea turtles is
prohibited, with exceptions identified
in 50 CFR 223.206(d), or according to
the terms and conditions of a biological
opinion issued under section 7 of the
ESA, or according to an incidental take
permit issued under section 10 of the
ESA. The incidental taking of turtles
during shrimp or summer flounder
trawling is exempted from the taking
prohibition of section 9 of the ESA if the
conservation measures specified in the
sea turtle conservation regulations (50
CFR 223) are followed. The regulations
require most shrimp trawlers and
summer flounder trawlers operating in
the southeastern United States (Atlantic
area, Gulf area, and summer flounder
sea turtle protection area, see 50 CFR
223.206) to have a NMFS-approved TED
installed in each net that is rigged for
fishing to allow sea turtles to escape.
TEDs currently approved by NMFS
include single-grid hard TEDs and
hooped hard TEDs conforming to a
generic description, the flounder TED,
and one type of soft TED the Parker soft
TED (see 50 CFR 223.207).
TEDs incorporate an escape opening,
usually covered by a webbing flap,
which allows sea turtles to escape from
trawl nets. To be approved by NMFS, a
TED design must be shown to be 97
percent effective in excluding sea turtles
during testing based upon specific
testing protocols (50 CFR 223.207(e)(1)).
Most approved hard TEDs are described
in the regulations (50 CFR 223.207(a))
according to generic criteria based upon
certain parameters of TED design,
configuration, and installation,
including height and width dimensions
of the TED opening through which the
turtles escape.
The regulations governing sea turtle
take prohibitions and exemptions
provide for the use of limited tow times
as an alternative to the use of TEDs for
vessels with certain specified
characteristics or under certain special
circumstances. The provisions of 50
CFR 223.206(d)(3)(ii) specify that the
NOAA Assistant Administrator for
Fisheries (AA) may authorize
compliance with tow time restrictions
as an alternative to the TED requirement
if the AA determines that the presence
of algae, seaweed, debris, or other
special environmental conditions in a
particular area makes trawling with
TED-equipped nets impracticable. The
provisions of 50 CFR 223.206(d)(3)(i)
specify the maximum tow times that
may be used when tow time limits are
authorized as an alternative to the use
of TEDs. Each tow may be no more than
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55 minutes from April 1 through
October 31 and no more than 75
minutes from November 1 through
March 31, as measured from the time
that the trawl doors enter the water until
they are removed from the water. These
tow time limits are designed to
minimize the level of mortality of sea
turtles that are captured by trawl nets
not equipped with TEDs.
Recent Events
On September 5 and 15, 2008, the
NMFS Southeast Regional
Administrator received requests from
the Louisiana Department of Wildlife
and Fisheries (LDWF) and the
Mississippi Department of Marine
Resources (MDMR), respectively, to
allow the use of tow times as an
alternative to turtle excluder devices
(TEDs) in state and Federal waters
because of excessive storm-related
debris on the fishing grounds as a result
of Hurricanes Gustav and Ike. When a
TED is clogged with debris, it can no
longer catch shrimp effectively nor can
it effectively exclude turtles. Phone
conversations between NMFS Southeast
Region’s Protected Resources staff,
fishermen, and the states’ resource
agency staffs confirm there are problems
with debris in state and Federal waters
off Louisiana (from the Mississippi/
Louisiana boundary to the Texas/
Louisiana boundary) extending offshore
20 nautical miles, which are likely to
affect the effectiveness of TEDs;
discussions between NMFS Southeast
Region’s Protected Resources staff,
fishermen, and the states’ resource
agency staffs, and a survey of
Mississippi waters found no significant
remaining issues stemming from stormrelated debris on the shrimp fishing
grounds. Louisiana has stated that their
marine enforcement agents will enforce
the tow time restrictions.
Special Environmental Conditions
The AA finds that debris washed into
hurricane-affected state and Federal
waters off of Louisiana (from the
Mississippi/Louisiana boundary to the
Texas/Louisiana boundary), extending
offshore 20 nautical miles, has created
special environmental conditions that
make trawling with TED-equipped nets
impracticable. Therefore, the AA issues
this notification to authorize the use of
restricted tow times as an alternative to
the use of TEDs in state and Federal
waters off of Louisiana (from the
Mississippi/Louisiana boundary to the
Texas/Louisiana boundary) extending
offshore 20 nautical miles, for a period
of 30 days. Tow times must be limited
to no more than 55 minutes measured
from the time trawl doors enter the
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Rules and Regulations]
[Pages 57008-57010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23119]
-----------------------------------------------------------------------
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 Sec. 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:
Sec. 172.101 Special provisions.
* * * * *
[[Page 57009]]
Sec. 172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) (9) (10)
Hazardous ------------------------------------------------------------------------------
materials Hazard Special Packaging Quantity limitations
Symbols descriptions and class or Identification PG Label provisions -----------------------------------------------------------
proper shipping Division Numbers Codes (Sec. 172.102) Passenger Cargo Location Other
names Exceptions Non-bulk Bulk aircraft/ aircraft
rail only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)............. (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *......................................................................................................................................................................................
Amines, liquid, 8 UN2734 I 8,3 A3, A6, N34, None 201 243 0.5L 2.5L A 52
corrosive, T14, TP2, TP27
flammable
n.o.s. or
Polyamines,
liquid
corrosive,
flammable n.o.s.
* * * * *......................................................................................................................................................................................
Calcium......... 4.3 UN1401 II 4.3 IB7, IP2, T3, 151 212 241 15 kg 50kg E 52
TP33
* * * * *......................................................................................................................................................................................
Chromosulfuric 8 UN2240 I 8 A3, A6, A7, B4, None 201 243 0.5L 2.5L B 40, 66,
acid. B6, N34, T10 74, 89,
90
* * * * *......................................................................................................................................................................................
Organometallic 4.3 UN3395 I 4.3 N40, T9, TP7, None 211 242 Forbidden Forbidden E 40, 52
substance, TP33
solid, water-
reactive.
* * * * *......................................................................................................................................................................................
[[Page 57010]]
[FR Doc. E8-23119 Filed 9-30-08; 8:45 am]
BILLING CODE 1505-01-D
