Hazardous Materials: Minor Editorial Corrections and Clarifications, 53182-53189 [E9-24807]
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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations
the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street, SW, Washington, DC 20554.
Please include OMB Control Number,
3060–0029 (Form 349) in your
correspondence. The Commission will
also accept your comments via the
Internet if you send them to
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an e–mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SYNOPSIS
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on
October 8, 2009, for the information
collection requirements (revisions to
FCC Form 349).
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a valid OMB Control Number.
The OMB Control Number is 3060–
0029 and the total annual reporting
burdens for respondents for this
information collection are as follows:
OMB Control Number: 3060–0029.
OMB Approval Date: October 8, 2009.
Expiration Date: October 31, 2012.
Title: Application for DTV Broadcast
Station License, FCC Form 302–DTV;
Application for Construction Permit for
Reserved Channel Noncommercial
Educational Broadcast Station, FCC
Form 340; Application for Authority to
Construct or Make Changes in an FM
Translator or FM Booster Station, FCC
Form 349.
Form Number: FCC Forms: 302–DTV,
340 and 349.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for–
profit entities; Not–for–profit
institutions; State, local or tribal
government.
Number of Respondents and
Responses: 5,170 respondents and 5,170
responses.
Estimated Time per Response: 1–4
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
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Total Annual Burden: 11,080 hours.
Total Annual Costs: $19,096,297.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Sections 154(i), 303 and
308 of the Communications Act of 1934,
as amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: On June 29, 2009,
the Commission adopted a Report and
Order, Amendment of Service and
Eligibility Rules for FM Broadcast
Translator Stations, MB Docket No. 07–
172, FCC 09–59. In the Report and
Order, the Commission adopted changes
to the FM translator rules that would
allow AM stations to use authorized FM
translator stations to rebroadcast the AM
signal locally, retransmitting their AM
programming as a ’’fill–in’’ service. The
adopted cross service translating rules
limit FM translators to providing ’’fill–
in’’ service only, specifically within the
AM primary station’s authorized service
area. In addition, the Commission
limited the cross–service rule changes to
’’currently authorized FM translators,’’
that is, those translators with licenses or
permit in effect as of May 1, 2009.
Therefore, the rule changes affecting
this information collection will add a
new universe of filers – AM stations –
to this information collection. AM
stations will use Form 349 to apply for
authorizations to operate such FM
translator stations.
Consistent with actions taken by the
Commission in the Report and Order,
the following changes are made to Form
349: Sections II and III of Form 349
include new certifications concerning
compliance with the AM station ’’fill–
in’’ service requirements. Specifically,
in the AM service, applicants certify
that the coverage contour of the FM
translator station is contained within
the lesser of: (a) the 2 mV/m daytime
contour of the AM primary station being
rebroadcast, or (b) a 25–mile radius
centered at the AM station’s transmitter
site. The instructions for Sections II and
III have been revised to assist applicants
with completing the new questions.
FCC Form 349 is used to apply for
authority to construct a new FM
translator or FM booster broadcast
station, or to make changes in the
existing facilities of such stations. This
form also includes the third party
disclosure requirement of 47 CFR
73.3580 requires local public notice in
a newspaper of general circulation of all
application filings for new or major
change in facilities. This notice must be
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completed within 30 days of the
tendering of the application. This notice
must be published at least twice a week
for two consecutive weeks in a three–
week period. A copy of this notice must
be placed in the public inspection file
along with the application.
FCC Form 302–DTV is used by
licensees and permittees of Digital TV
(’’DTV’’) broadcast stations to obtain a
new or modified station license and/or
to notify the Commission of certain
changes in the licensed facilities of
those stations. It may be used: (1) To
cover an authorized construction permit
(or auxiliary antenna), provided that the
facilities have been constructed in
compliance with the provisions and
conditions specified on the construction
permit; or (2) To implement
modifications to existing licenses as
permitted by 47 CFR 73.1675(c) or
73.1690(c).
FCC Form 340 is used by licensees
and permittees to apply for authority to
construct a new noncommercial
educational (’’NCE’’) FM, TV, and DTV
broadcast station, or to make changes in
the existing facilities of such a station.
The FCC Form 340 is only used if the
station will operate on a channel that is
reserved exclusively for noncommercial
educational use, or in the situation
where applications for NCE stations on
non–reserved channels are mutually
exclusive only with one another.
Revisions to this information
collection are due to revisions being
made only to FCC Form 349.
Federal Communications Commission
William F. Caton,
Deputy Secretary.
[FR Doc. E9–24857 Filed 10–15–09; 8:45 am]
BILLING CODE 6712–01–S
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 171, 172, 173, 174,
180
[Docket No. PHMSA–2009–0237 (HM–244B)]
RIN 2137–AE50
Hazardous Materials: 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
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clarification, improves the clarity of
certain provisions in the Hazardous
Materials Regulations. The intended
effect of this rule is to enhance the
accuracy and reduce misunderstandings
of the regulations. The amendments
contained in this rule are nonsubstantive changes and do not impose
new requirements.
DATES: Effective date: October 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Steven Andrews, 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
The Pipeline and Hazardous Materials
Safety Administration (PHMSA) (‘‘we’’)
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 incomplete office address,
inconsistent use of terminology,
misstatements of certain regulatory
requirements and inadvertent omissions
of information. 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 the 49
CFR.
II. Section by Section Review
The following is a summary by
section of the more substantive changes
made in this final rule. The summary
does not include minor editorial
corrections such as punctuation errors
or similar minor revisions.
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Part 107
Appendix A to Subpart D of Part 107:
In Appendix A to Subpart D of Part 107,
in part II ‘‘List of Frequently Cited
Violations,’’ under the heading
‘‘Manufacturing, Reconditioning,
Retesting Requirements,’’ under ‘‘F.
Cylinder Requalification’’ entry 7, in the
second column, we are correcting the
reference to ‘‘§ 178.205(c)’’ to
‘‘§ 180.205(c).’’
Section 107.705
This section prescribes requirements
for persons who file registrations,
reports, and applications for approval.
We are updating the office mailing
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address in paragraph (a)(1) for
submitting these documents.
Part 171
Section 171.8
This section contains definitions for
certain terms used in the HMR. We are
revising the definition for ‘‘commerce’’
in § 171.8 to align it with the definition
contained in the Federal hazardous
materials transportation law (Federal
hazmat law; 49 U.S.C. 5101 et seq.), as
amended by the Hazardous Materials
Safety and Security Reauthorization Act
of 2005 (the Act; Title VII of Public Law
109–59, 119 Stat. 1144 (August 10,
2005)). The revised definition adds
transportation on a United Statesregistered aircraft to clarify that such
transportation is considered
transportation in commerce for
purposes of Federal hazmat law and the
HMR. In this final rule, we are revising
the definition of ‘‘commerce’’ in the
HMR to read: ‘‘Commerce means trade
or transportation in the jurisdiction of
the United States within a single state;
between a place in a state and a place
outside of the state; that affects trade or
transportation between a place in a state
and place outside of the state; or on a
United States-registered aircraft.’’ In
addition, we are revising the definition
of ‘‘material poisonous by inhalation’’ to
clarify that the term is synonymous with
‘‘material toxic by inhalation.’’
Section 171.12
This section prescribes requirements
for hazardous materials shipments
transported to or from Canada or
Mexico. Paragraph (a)(1) provides that
these shipments must meet the
applicable requirements in §§ 171.22
and 171.23; these sections are contained
in Subpart C of Part 171. Therefore, we
are also revising the introductory
language in the last sentence in
paragraph (a)(1) to include compliance
with the applicable requirements in
‘‘subpart C of this part.’’
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discussion to § 171.8, the definition of
‘‘commerce’’ is revised in this final rule
to recognize that the term includes the
transportation of hazardous materials
aboard any United States-registered
aircraft. Consistent with the revision
made to the definition of ‘‘commerce,’’
we are revising paragraph (a) in § 171.22
to clarify that the authorization
provided in this section for use of
international standards applies to
transportation on U.S.-registered aircraft
anywhere in the world, not just to
transportation in commerce of
hazardous materials ‘‘to, from, or within
the United States.’’
Part 172
Section 172.101
This section contains the Hazardous
Materials Table (HMT) and explanatory
text for each of the columns in the table.
In this final rule, we are removing the
entries ‘‘Nitrous oxide and carbon
dioxide mixtures, see Carbon dioxide
and nitrous oxide mixtures,’’ ‘‘Oxygen
and carbon dioxide mixtures, see
Carbon dioxide and oxygen mixtures,’’
and ‘‘Oxygen, mixtures with rare gases,
see Rare gases and oxygen mixtures’’
because the HMT entries to which the
reader is directed are no longer in the
HMT. These entries, ‘‘Carbon dioxide
and nitrous oxide mixtures, UN1015,’’
‘‘Carbon dioxide and oxygen mixtures,
compressed, UN1014,’’ and Rare gases
and oxygen mixtures, compressed,
UN1980, were removed in a final rule
published under Docket HM–215I (71
FR 78596; December 29, 2006).
Section 172.320
This section prescribes marking
requirements for packages of Class 1
(explosive) materials. We are removing
paragraph (e)(4) because it contains an
obsolete provision and the paragraph
designation is reserved.
Part 173
Section 171.15
This section prescribes requirements
for the immediate telephonic
notification of certain hazardous
materials incidents. In this final rule, we
are revising paragraph (a) to permit
notifications to the National Response
Center to be submitted electronically
through an Internet site.
Section 171.22
This section contains authorizations
and conditions for the use of
international standards and regulations
for the transportation of hazardous
materials to, from, or within the United
States. As stated earlier in the preamble
Section 173.62
This section prescribes the specific
packaging requirements for explosives.
We are correcting the formatting of
Packing Instruction 134 in the Table of
Packing Methods to move the fibreboard
(4G) package from the column headed
‘‘Inner packagings’’ to the column
headed ‘‘Outer packagings.’’ This
reformatting error occurred in the
printing of a previous rulemaking.
Section 173.124
This section prescribes the definitions
for Class 4, Divisions 4.1, 4.2 and 4.3
materials. Due to a printing error, the
test procedure for assigning a selfreactive material to a generic type was
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inadvertently printed in multiple
locations and the definition of a type C
self-reactive material was inadvertently
omitted from this section. Therefore, to
correct this printing error, we are
revising paragraphs (a)(2)(ii)(C) and
(a)(2)(iii)(C) to delete the duplicate test
procedure and reinstate the definition of
a type C self-reactive material.
Section 173.133
This section prescribes the
assignment of packing group and hazard
zones for Division 6.1 materials. We are
revising the table in § 173.133(a)(1) to
correct the reference to § 172.203(m)(2)
to read § 172.203(m).
Section 173.168
This section specifies requirements
for transportation of chemical oxygen
generators. Paragraph (d)(2)(i) contains
the test procedure and acceptance
criteria for the Flame Penetration
Resistance Test. In a September 28, 2007
final rule (72 FR 55091), we moved the
entire test procedure to new Appendix
E to Part 178 but failed to remove the
corresponding language in paragraph
(d)(2)(i). In this final rule, we are
revising paragraph (d) to remove the
duplicative language.
Section 173.304
This section prescribes filling
requirements for cylinders of liquefied
compressed gases. We are revising
paragraph (f)(3)(ii) to correct ‘‘part 78’’
to read ‘‘part 178.’’
Part 174
Section 174.59
This section prescribes marking and
placarding requirements for rail cars
offered for transportation. In the last
sentence, we are correcting a reference
to § 171.12a to read § 171.12.
Part 176
Section 176.415
This section prescribes requirements
for the transportation by vessel of
Division 1.5, ammonium nitrates, and
certain ammonium nitrate fertilizers.
We are correcting paragraph (c)(4) to
remove the word ‘‘and’’ at the end of the
sentence.
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Part 180
Section 180.209
This section, which prescribes
requalification requirements for DOT
specification cylinders, contains a
paragraph (a)(1) but no (a)(2). We are
correcting this formatting inconsistency
by removing the paragraph designation
‘‘(1)’’ preceding the first full sentence.
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Section 180.407
This section prescribes periodic
requalification requirements for
specification cargo tanks. Paragraphs (c)
and (h) require each cargo tank to be
tested for leaks, to include the product
piping with all valves and accessories in
place and operative. Paragraph (h)(2)
permits cargo tanks equipped with
vapor collection equipment and used to
transport petroleum distillate fuels to be
leakage tested in accordance with the
Environmental Protection Agency’s
(EPA’s) Method 27 in place of the HMR
requirement and specifies that the test
must be conducted in accordance with
the test methods and procedures
prescribed in 40 CFR 63.425(e)(1).
However, the paragraph inadvertently
fails to reference the required cargo tank
internal valve test procedures in
paragraph (e)(2). Therefore, in this final
rule, we are revising paragraph (h)(2) in
§ 180.407 of the HMR to reference 40
CFR 63.425(e)(2).
Section 180.605
This section prescribes requalification
requirements for specification and UN
portable tanks. Paragraph (h)(1)
prescribes the pressure test procedures
for specification 51, 56, and 57 portable
tanks; however, the paragraph heading
does not reference specification 56
portable tanks. In this final rule, are
revising paragraph (h) heading to
include the specification 56 portable
tanks.
III. Regulatory Analyses and Notices
A. Statutory Authority
This final rule is published under
authority of 49 U.S.C. 5103(b), which
authorizes the Secretary of
Transportation to prescribe regulations
for the safe transportation, including
security, of hazardous material in
intrastate, interstate, and foreign
commerce. The purpose of this final
rule is to remove unnecessary cross
references to the hazardous materials
table, correct mailing addresses,
grammatical and typographical errors,
and, in response to requests for
clarification, improve the clarity of
certain provisions in the Hazardous
Materials Regulations.
B. 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
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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.
C. 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.
D. 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.
E. 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.
F. 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 $141.3 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.
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Imports, Reporting and recordkeeping
requirements.
G. Paperwork Reduction Act
There are no new information
collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts
associated with this final rule.
I. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 107
Hazardous materials transportation
program procedures.
safety, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Packaging and containers,
Reporting and recordkeeping
requirements.
■
In consideration of the foregoing, 49
CFR Chapter I is amended as follows:
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
49 CFR Part 173
Hazardous materials transportation,
Packaging and containers, Radioactive
materials, Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 174
Hazardous materials transportation,
Carriage by rail.
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4 (28 U.S.C. 2461
note); Pub. L. 104–121 sections 212–213;
Pub. L. 104–134 section 31001; 49 CFR 1.45,
1.53.
Appendix A to Subpart D of Part 107—
[Amended]
49 CFR Part 176
Hazardous materials transportation,
Maritime carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 180
Hazardous materials transportation,
Motor carriers, Motor vehicle safety,
Packaging and containers, Railroad
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
1. The authority citation for part 107
is revised to read as follows:
■
2. In Appendix A to Subpart D of Part
107, in the List of Frequently Cited
Violations (Part II), under the heading
‘‘Manufacturing, Reconditioning, and
Retesting Requirements,’’ under ‘‘F.
Cylinder Requalification:’’, revise entry
7 to read as follows:
■
II—LIST OF FREQUENTLY CITED VIOLATIONS
Violation description
Section or cite
Baseline assessment
Manufacturing, Reconditioning, and Retesting Requirements
*
*
*
*
F. Cylinder Requalification: * * * .........................................................................
7. Representing, marking, or certifying a cylinder as meeting the requirements of an exemption or special permit when the cylinder was not
maintained or retested in accordance with the exemption or special permit.
*
*
*
*
*
171.2(c), (e), 180.205(c), Applicable
Exemption or Special Permit.
*
*
3. In § 107.705, revise paragraph (a)(1)
to read as follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
§ 107.705 Registrations, reports, and
applications for approval.
■
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■
(a) * * *
(1) File the registration, report, or
application with the Associate
Administrator for Hazardous Materials
Safety (Attention: Approvals, PHH–32),
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, East Building, 2nd
Floor, E23–406, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001. Alternatively, the document with
any attached supporting documentation
in an appropriate format may be filed by
facsimile (fax) to: (202) 366–3753 or
(202) 366–3308 or by electronic mail (email) to: approvals@dot.gov.
*
*
*
*
*
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4. The authority citation for part 171
continues to read as follows:
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53; Pub. L. 101–410 section
4 (28 U.S.C. 2461 note); Pub. L. 104–134
section 31001.
5. In § 171.8, revise the definitions for
‘‘commerce’’ and ‘‘materials poisonous
by inhalation’’ to read as follows:
■
§ 171.8
Definitions and Abbreviations
*
*
*
*
*
Commerce means trade or
transportation in the jurisdiction of the
United States within a single state;
between a place in a state and a place
outside of the state; that affects trade or
transportation between a place in a state
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*
*
$2,000 to $6,000.
*
and place outside of the state; or on a
United States-registered aircraft.
*
*
*
*
*
Material poisonous by inhalation or
Material toxic by inhalation means:
(1) A gas meeting the defining criteria
in § 173.115(c) of this subchapter and
assigned to Hazard Zone A, B, C, or D
in accordance with § 173.116(a) of this
subchapter;
(2) A liquid (other than as a mist)
meeting the defining criteria in
§ 173.132(a)(1)(iii) of this subchapter
and assigned to Hazard Zone A or B in
accordance with § 173.133(a) of this
subchapter; or
(3) Any material identified as an
inhalation hazard by a special provision
in column 7 of the § 172.101 table.
*
*
*
*
*
■ 6. In § 171.12, revise paragraph (a)(1)
to read as follows:
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§ 171.12
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North American Shipments.
(a) * * *
(1) A hazardous material transported
from Canada to the United States, from
the United States to Canada, or
transiting the United States to Canada or
a foreign destination may be offered for
transportation or transported by motor
carrier and rail in accordance with the
Transport Canada TDG Regulations
(IBR, see § 171.7) as authorized in
§ 171.22, provided the requirements in
§§ 171.22 and 171.23, as applicable, and
this section are met. In addition, a cargo
tank motor vehicle, portable tank or rail
tank car authorized by the Transport
Canada TDG Regulations may be used
for transportation to, from, or within the
United States provided the cargo tank
motor vehicle, portable tank or rail tank
car conforms to the applicable
requirements of this section. Except as
otherwise provided in this subpart and
subpart C of this part, the requirements
in parts 172, 173, and 178 of this
subchapter do not apply for a material
transported in accordance with the
Transport Canada TDG Regulations.
*
*
*
*
*
■ 7. In § 171.15, revise paragraph (a)
introductory text to read as follows:
§ 171.15 Immediate notice of certain
hazardous materials incidents.
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(a) General. As soon as practical but
no later than 12 hours after the
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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) (IBR, see
§ 171.7).
*
*
*
*
*
occurrence of any incident described in
paragraph (b) of this section, each
person in physical possession of the
hazardous material must provide notice
to the National Response Center (NRC)
by telephone at 800–424–8802 (toll free)
or 202–267–2675 (toll call) or online at
https://www.nrc.uscg.mil. Notice
involving an infectious substance
(etiologic agent) may be given to the
Director, Centers for Disease Control
and Prevention (CDC), U.S. Public
Health Service, Atlanta, GA, 800–232–
0124 (toll free), in place of notice to the
NRC. Each notice must include the
following information:
*
*
*
*
*
■ 8. In § 171.22, revise paragraph (a) to
read as follows:
■
§ 171.22 Authorization and conditions for
the use of international standards and
regulations.
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
(a) Authorized international
standards and regulations. This subpart
authorizes, with certain conditions and
limitations, the offering for
transportation and the transportation in
commerce of hazardous materials in
accordance with the International Civil
Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO
Technical Instructions), the
International Maritime Dangerous
Goods Code (IMDG Code), Transport
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
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PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
9. The authority citation for part 172
continues to read as follows:
10. In § 172.101, in the Hazardous
Materials Table, remove the following
entries.
■
E:\FR\FM\16OCR1.SGM
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Hazardous materials
descriptions and proper shipping names
VerDate Nov<24>2008
(1)
15:49 Oct 15, 2009
Jkt 220001
PO 00000
Oxygen, mixtures with
rare gases, see
Rare gases and oxygen mixtures.
Oxygen and carbon dioxide mixtures, see
Carbon dioxide and
oxygen mixtures.
Nitrous oxide and carbon dioxide mixtures, see Carbon
dioxide and nitrous
oxide mixtures.
[REMOVE]
(2)
Symbols
CPrice-Sewell on DSKDVH8Z91PROD with RULES
*
*
*
*
(3)
Hazard
class or
division
(4)
Identification numbers
*
*
*
*
(5)
PG
*
*
*
*
(6)
Label codes
*
*
*
*
(7)
Special
provisions
(§ 172.102)
(8A)
*
*
*
*
Exceptions
(8B)
Non-bulk
*
*
*
*
(8C)
Bulk
(8) Packaging (§ 173.***)
(9A)
*
*
*
*
Passenger
aircraft/rail
(9B)
Cargo aircraft only
(9) Quantity limitations
(See §§ 173.27
and 175.75)
(10A)
Location
(10B)
Other
(10) Vessel stowage
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*
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations
*
*
*
*
11. In § 172.320, revise paragraph (e)
to read as follows:
■
§ 172.320
Explosive hazardous materials.
*
*
*
*
*
(e) The requirements of this section
do not apply to the following Class 1
materials:
(1) Those being shipped to a testing
agency in accordance with § 173.56(d)
of this subchapter;
(2) Those being shipped in
accordance with § 173.56(e) of this
subchapter, for the purposes of
developmental testing;
(3) Those which meet the
requirements of § 173.56(h) of this
subchapter and therefore are not subject
to the approval process of § 173.56 of
this subchapter;
(4) [Reserved];
(5) Those that are transported in
accordance with § 173.56(c)(2) of this
subchapter and, therefore, are covered
by a national security classification
currently in effect.
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
13. In § 173.62, in paragraph (c),
revise Packing instruction 134 in the
Table of Packing Methods to read as
follows:
■
§ 173.62 Specific packaging requirements
for explosives.
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
*
*
(c) * * *
*
*
12. The authority citation for part 173
continues to read as follows:
■
TABLE OF PACKING METHODS
Packing instruction
Intermediate
packagings
Inner packagings
*
*
*
134 .......................................... Bags ........................................
water resistant
Receptacles
fibreboard
metal
plastics
wood
Sheets
fibreboard, corrugated
Tubes
fibreboard
*
*
*
*
*
*
*
*
*
§ 173.133 Assignment of packing group
and hazard zones for Division 6.1 materials.
§ 173.124 Class 4, Divisions 4.1, 4.2 and
4.3—Definitions.
CPrice-Sewell on DSKDVH8Z91PROD with RULES
*
15. In § 173.133, in paragraph (a)(2)(i),
revise Note 2 following the table to read
as follows:
14. In § 173.124, revise paragraphs
(a)(2)(ii)(C) and (a)(2)(iii)(C) to read as
follows:
(a) * * *
(2) * * *
(ii) * * *
(C) Type C. Self-reactive material type
C is a self-reactive material which, as
packaged for transportation, neither
detonates nor deflagrates rapidly and
cannot undergo a thermal explosion.
*
*
*
*
*
(iii) * * *
(C) Performance of the self-reactive
material under the test procedures
specified in the UN Manual of Tests and
Criteria (IBR, see § 171.7 of this
subchapter) and the provisions of
paragraph (a)(2)(iii) of this section; and
*
*
*
*
*
15:49 Oct 15, 2009
*
*
Boxes.
steel (4A).
aluminium (4B).
wood, natural, ordinary (4C1).
wood, natural, sift proof walls (4C2).
plywood (4D).
reconstituted wood (4F).
fibreboard (4G).
plastics, expanded (4H1).
plastics, solid (4H2).
Drums.
fibreboard (1G).
plastics, removable head (1H2).
steel, removable head (1A2).
aluminium, removable head (1B2).
plywood (1D).
■
■
VerDate Nov<24>2008
*
Not necessary
Outer packagings
Jkt 220001
(a) * * *
(2) * * *
(i) * * *
Note 2: A liquid in Division 6.1 meeting
criteria for Packing Group I, Hazard Zones A
or B stated in paragraph (a)(2) of this section
is a material poisonous by inhalation subject
to the additional hazard communication
requirements in §§ 172.203(m), 172.313 and
table 1 of § 172.504(e) of this subchapter.
*
*
*
*
*
16. In § 173.168, revise paragraph
(d)(2) to read as follows:
■
§ 173.168
Chemical oxygen generators.
*
*
*
*
*
(d) * * *
(2) After September 30, 2009, with its
contents, is capable of meeting the
PO 00000
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*
*
*
following additional requirements when
transported by cargo-only aircraft:
(i) The Flame Penetration Resistance
Test specified in Appendix E to part 178
of this subchapter.
(ii) The Thermal Resistance Test
specified in Appendix D to part 178 of
this subchapter.
*
*
*
*
*
17. In § 173.304, revise paragraph
(f)(3)(ii) to read as follows:
■
§ 173.304 Filling of cylinders with liquefied
compressed gases.
*
*
*
*
*
(f) * * *
(3) * * *
(ii) After September 30, 2009, is
capable of passing, as demonstrated by
design testing, the Flame Penetration
Resistance Test specified in part III of
Appendix E to part 178 of this
subchapter; and
*
*
*
*
*
E:\FR\FM\16OCR1.SGM
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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations
PART 174—CARRIAGE BY RAIL
18. The authority citation for part 174
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
■
19. Revise § 174.59 to read as follows:
§ 174.59
cars.
Marking and placarding of rail
No person may transport a rail car
carrying hazardous materials unless it is
marked and placarded as required by
this subchapter. Placards and car
certificates lost in transit must be
replaced at the next inspection point,
and those not required must be removed
at the next terminal where the train is
classified. For Canadian shipments,
required placards lost in transit, must be
replaced either by those required by part
172 of this subchapter or by those
authorized under § 171.12.
20. The authority citation for part 176
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
21. In § 176.415, make the following
amendments:
■ a. At the end of paragraph (c)(2),
remove the period and add a semi-colon
in its place;
■ b. At the end of paragraph (c)(3),
remove the semi-colon and add ‘‘; and’’
in its place; and
■ c. Revise paragraph (c)(4).
The revision reads as follows:
■
CPrice-Sewell on DSKDVH8Z91PROD with RULES
VerDate Nov<24>2008
22. The authority citation for part 180
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
23. In § 180.209, revise paragraph
(a)(1) introductory text to read as
follows:
§ 180.209 Requirements for requalification
of specification cylinders.
(a) Periodic qualification of cylinders.
Each specification cylinder that
becomes due for periodic
requalification, as specified in the
following table, must be requalified and
marked in conformance with the
requirements of this subpart.
Requalification records must be
maintained in accordance with
§ 180.215. Table 1 follows:
*
*
*
*
*
■ 24. In § 180.407, revise paragraph
(h)(2) to read as follows:
(h) * * *
(2) Cargo tanks used to transport
petroleum distillate fuels that are
equipped with vapor collection
equipment may be leak tested in
accordance with the Environmental
Protection Agency’s ‘‘Method 27—
Determination of Vapor Tightness of
Gasoline Delivery Tank Using PressureVacuum Test,’’ as set forth in Appendix
A to 40 CFR part 60. Test methods and
procedures and maximum allowable
pressure and vacuum changes are in 40
CFR 63.425(e). The hydrostatic test
alternative, using liquid in
Environmental Protection Agency’s
‘‘Method 27—Determination of Vapor
Tightness of Gasoline Delivery Tank
Using Pressure-Vacuum Test,’’ may not
be used to satisfy the leak testing
requirements of this paragraph. The test
must be conducted using air.
*
*
*
*
*
25. In § 180.605, revise the heading to
paragraph (h) to read as follows:
■
§ 180.605 Requirements for periodic
testing, inspection and repair of portable
tanks.
*
*
*
*
*
(h) Pressure test procedures for
specification 51, 56, 57, 60, IM or UN
portable tanks. * * *
*
*
*
*
*
*
*
15:49 Oct 15, 2009
Jkt 220001
§ 180.407 Requirements for test and
inspection of specification cargo tanks.
Issued in Washington, DC, on October 1,
2009, under authority delegated in 49 CFR
part 1.
Cynthia Douglass,
Acting Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. E9–24807 Filed 10–15–09; 8:45 am]
*
§ 176.415 Permit requirements for Division
1.5, ammonium nitrates, and certain
ammonium nitrate fertilizers.
*
*
(c) * * *
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
■
PART 176—CARRIAGE BY VESSEL
*
(4) Each facility at which the material
is to be loaded or unloaded must be
located so that each vessel to be loaded
or unloaded has an unrestricted passage
to open water. Each vessel must be
moored bow to seaward, and must be
maintained in a mobile status during
loading, unloading, or handling
operations by the presence of tugs or the
readiness of engines. Each vessel must
have two wire towing hawsers, each
having an eye splice, lowered to the
water’s edge, one at the bow and the
other at the stern.
53189
BILLING CODE 4910–60–P
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*
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*
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*
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]]>Agencies
[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Rules and Regulations]
[Pages 53182-53189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24807]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 174, 180
[Docket No. PHMSA-2009-0237 (HM-244B)]
RIN 2137-AE50
Hazardous Materials: 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
[[Page 53183]]
clarification, improves the clarity of certain provisions in the
Hazardous Materials Regulations. 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 and
do not impose new requirements.
DATES: Effective date: October 16, 2009.
FOR FURTHER INFORMATION CONTACT: Steven Andrews, 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
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
(``we'') 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 incomplete office address, inconsistent
use of terminology, misstatements of certain regulatory requirements
and inadvertent omissions of information. 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 the 49 CFR.
II. Section by Section Review
The following is a summary by section of the more substantive
changes made in this final rule. The summary does not include minor
editorial corrections such as punctuation errors or similar minor
revisions.
Part 107
Appendix A to Subpart D of Part 107: In Appendix A to Subpart D of
Part 107, in part II ``List of Frequently Cited Violations,'' under the
heading ``Manufacturing, Reconditioning, Retesting Requirements,''
under ``F. Cylinder Requalification'' entry 7, in the second column, we
are correcting the reference to ``Sec. 178.205(c)'' to ``Sec.
180.205(c).''
Section 107.705
This section prescribes requirements for persons who file
registrations, reports, and applications for approval. We are updating
the office mailing address in paragraph (a)(1) for submitting these
documents.
Part 171
Section 171.8
This section contains definitions for certain terms used in the
HMR. We are revising the definition for ``commerce'' in Sec. 171.8 to
align it with the definition contained in the Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.), as amended by the Hazardous Materials Safety and Security
Reauthorization Act of 2005 (the Act; Title VII of Public Law 109-59,
119 Stat. 1144 (August 10, 2005)). The revised definition adds
transportation on a United States-registered aircraft to clarify that
such transportation is considered transportation in commerce for
purposes of Federal hazmat law and the HMR. In this final rule, we are
revising the definition of ``commerce'' in the HMR to read: ``Commerce
means trade or transportation in the jurisdiction of the United States
within a single state; between a place in a state and a place outside
of the state; that affects trade or transportation between a place in a
state and place outside of the state; or on a United States-registered
aircraft.'' In addition, we are revising the definition of ``material
poisonous by inhalation'' to clarify that the term is synonymous with
``material toxic by inhalation.''
Section 171.12
This section prescribes requirements for hazardous materials
shipments transported to or from Canada or Mexico. Paragraph (a)(1)
provides that these shipments must meet the applicable requirements in
Sec. Sec. 171.22 and 171.23; these sections are contained in Subpart C
of Part 171. Therefore, we are also revising the introductory language
in the last sentence in paragraph (a)(1) to include compliance with the
applicable requirements in ``subpart C of this part.''
Section 171.15
This section prescribes requirements for the immediate telephonic
notification of certain hazardous materials incidents. In this final
rule, we are revising paragraph (a) to permit notifications to the
National Response Center to be submitted electronically through an
Internet site.
Section 171.22
This section contains authorizations and conditions for the use of
international standards and regulations for the transportation of
hazardous materials to, from, or within the United States. As stated
earlier in the preamble discussion to Sec. 171.8, the definition of
``commerce'' is revised in this final rule to recognize that the term
includes the transportation of hazardous materials aboard any United
States-registered aircraft. Consistent with the revision made to the
definition of ``commerce,'' we are revising paragraph (a) in Sec.
171.22 to clarify that the authorization provided in this section for
use of international standards applies to transportation on U.S.-
registered aircraft anywhere in the world, not just to transportation
in commerce of hazardous materials ``to, from, or within the United
States.''
Part 172
Section 172.101
This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. In this final
rule, we are removing the entries ``Nitrous oxide and carbon dioxide
mixtures, see Carbon dioxide and nitrous oxide mixtures,'' ``Oxygen and
carbon dioxide mixtures, see Carbon dioxide and oxygen mixtures,'' and
``Oxygen, mixtures with rare gases, see Rare gases and oxygen
mixtures'' because the HMT entries to which the reader is directed are
no longer in the HMT. These entries, ``Carbon dioxide and nitrous oxide
mixtures, UN1015,'' ``Carbon dioxide and oxygen mixtures, compressed,
UN1014,'' and Rare gases and oxygen mixtures, compressed, UN1980, were
removed in a final rule published under Docket HM-215I (71 FR 78596;
December 29, 2006).
Section 172.320
This section prescribes marking requirements for packages of Class
1 (explosive) materials. We are removing paragraph (e)(4) because it
contains an obsolete provision and the paragraph designation is
reserved.
Part 173
Section 173.62
This section prescribes the specific packaging requirements for
explosives. We are correcting the formatting of Packing Instruction 134
in the Table of Packing Methods to move the fibreboard (4G) package
from the column headed ``Inner packagings'' to the column headed
``Outer packagings.'' This reformatting error occurred in the printing
of a previous rulemaking.
Section 173.124
This section prescribes the definitions for Class 4, Divisions 4.1,
4.2 and 4.3 materials. Due to a printing error, the test procedure for
assigning a self-reactive material to a generic type was
[[Page 53184]]
inadvertently printed in multiple locations and the definition of a
type C self-reactive material was inadvertently omitted from this
section. Therefore, to correct this printing error, we are revising
paragraphs (a)(2)(ii)(C) and (a)(2)(iii)(C) to delete the duplicate
test procedure and reinstate the definition of a type C self-reactive
material.
Section 173.133
This section prescribes the assignment of packing group and hazard
zones for Division 6.1 materials. We are revising the table in Sec.
173.133(a)(1) to correct the reference to Sec. 172.203(m)(2) to read
Sec. 172.203(m).
Section 173.168
This section specifies requirements for transportation of chemical
oxygen generators. Paragraph (d)(2)(i) contains the test procedure and
acceptance criteria for the Flame Penetration Resistance Test. In a
September 28, 2007 final rule (72 FR 55091), we moved the entire test
procedure to new Appendix E to Part 178 but failed to remove the
corresponding language in paragraph (d)(2)(i). In this final rule, we
are revising paragraph (d) to remove the duplicative language.
Section 173.304
This section prescribes filling requirements for cylinders of
liquefied compressed gases. We are revising paragraph (f)(3)(ii) to
correct ``part 78'' to read ``part 178.''
Part 174
Section 174.59
This section prescribes marking and placarding requirements for
rail cars offered for transportation. In the last sentence, we are
correcting a reference to Sec. 171.12a to read Sec. 171.12.
Part 176
Section 176.415
This section prescribes requirements for the transportation by
vessel of Division 1.5, ammonium nitrates, and certain ammonium nitrate
fertilizers. We are correcting paragraph (c)(4) to remove the word
``and'' at the end of the sentence.
Part 180
Section 180.209
This section, which prescribes requalification requirements for DOT
specification cylinders, contains a paragraph (a)(1) but no (a)(2). We
are correcting this formatting inconsistency by removing the paragraph
designation ``(1)'' preceding the first full sentence.
Section 180.407
This section prescribes periodic requalification requirements for
specification cargo tanks. Paragraphs (c) and (h) require each cargo
tank to be tested for leaks, to include the product piping with all
valves and accessories in place and operative. Paragraph (h)(2) permits
cargo tanks equipped with vapor collection equipment and used to
transport petroleum distillate fuels to be leakage tested in accordance
with the Environmental Protection Agency's (EPA's) Method 27 in place
of the HMR requirement and specifies that the test must be conducted in
accordance with the test methods and procedures prescribed in 40 CFR
63.425(e)(1). However, the paragraph inadvertently fails to reference
the required cargo tank internal valve test procedures in paragraph
(e)(2). Therefore, in this final rule, we are revising paragraph (h)(2)
in Sec. 180.407 of the HMR to reference 40 CFR 63.425(e)(2).
Section 180.605
This section prescribes requalification requirements for
specification and UN portable tanks. Paragraph (h)(1) prescribes the
pressure test procedures for specification 51, 56, and 57 portable
tanks; however, the paragraph heading does not reference specification
56 portable tanks. In this final rule, are revising paragraph (h)
heading to include the specification 56 portable tanks.
III. Regulatory Analyses and Notices
A. Statutory Authority
This final rule is published under authority of 49 U.S.C. 5103(b),
which authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. The
purpose of this final rule is to remove unnecessary cross references to
the hazardous materials table, correct mailing addresses, grammatical
and typographical errors, and, in response to requests for
clarification, improve the clarity of certain provisions in the
Hazardous Materials Regulations.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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 $141.3
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.
[[Page 53185]]
G. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
I. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 107
Hazardous materials transportation program procedures.
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 174
Hazardous materials transportation, Carriage by rail.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, 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 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
Appendix A to Subpart D of Part 107--[Amended]
0
2. In Appendix A to Subpart D of Part 107, in the List of Frequently
Cited Violations (Part II), under the heading ``Manufacturing,
Reconditioning, and Retesting Requirements,'' under ``F. Cylinder
Requalification:'', revise entry 7 to read as follows:
II--List of Frequently Cited Violations
----------------------------------------------------------------------------------------------------------------
Violation description Section or cite Baseline assessment
----------------------------------------------------------------------------------------------------------------
Manufacturing, Reconditioning, and Retesting Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
F. Cylinder Requalification: * * *....... 171.2(c), (e), 180.205(c), $2,000 to $6,000.
7. Representing, marking, or certifying a Applicable Exemption or
cylinder as meeting the requirements of Special Permit.
an exemption or special permit when the
cylinder was not maintained or retested
in accordance with the exemption or
special permit.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 107.705, revise paragraph (a)(1) to read as follows:
Sec. 107.705 Registrations, reports, and applications for approval.
(a) * * *
(1) File the registration, report, or application with the
Associate Administrator for Hazardous Materials Safety (Attention:
Approvals, PHH-32), Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, East Building, 2nd
Floor, E23-406, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Alternatively, the document with any attached supporting documentation
in an appropriate format may be filed by facsimile (fax) to: (202) 366-
3753 or (202) 366-3308 or by electronic mail (e-mail) to:
approvals@dot.gov.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
4. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
5. In Sec. 171.8, revise the definitions for ``commerce'' and
``materials poisonous by inhalation'' to read as follows:
Sec. 171.8 Definitions and Abbreviations
* * * * *
Commerce means trade or transportation in the jurisdiction of the
United States within a single state; between a place in a state and a
place outside of the state; that affects trade or transportation
between a place in a state and place outside of the state; or on a
United States-registered aircraft.
* * * * *
Material poisonous by inhalation or Material toxic by inhalation
means:
(1) A gas meeting the defining criteria in Sec. 173.115(c) of this
subchapter and assigned to Hazard Zone A, B, C, or D in accordance with
Sec. 173.116(a) of this subchapter;
(2) A liquid (other than as a mist) meeting the defining criteria
in Sec. 173.132(a)(1)(iii) of this subchapter and assigned to Hazard
Zone A or B in accordance with Sec. 173.133(a) of this subchapter; or
(3) Any material identified as an inhalation hazard by a special
provision in column 7 of the Sec. 172.101 table.
* * * * *
0
6. In Sec. 171.12, revise paragraph (a)(1) to read as follows:
[[Page 53186]]
Sec. 171.12 North American Shipments.
(a) * * *
(1) A hazardous material transported from Canada to the United
States, from the United States to Canada, or transiting the United
States to Canada or a foreign destination may be offered for
transportation or transported by motor carrier and rail in accordance
with the Transport Canada TDG Regulations (IBR, see Sec. 171.7) as
authorized in Sec. 171.22, provided the requirements in Sec. Sec.
171.22 and 171.23, as applicable, and this section are met. In
addition, a cargo tank motor vehicle, portable tank or rail tank car
authorized by the Transport Canada TDG Regulations may be used for
transportation to, from, or within the United States provided the cargo
tank motor vehicle, portable tank or rail tank car conforms to the
applicable requirements of this section. Except as otherwise provided
in this subpart and subpart C of this part, the requirements in parts
172, 173, and 178 of this subchapter do not apply for a material
transported in accordance with the Transport Canada TDG Regulations.
* * * * *
0
7. In Sec. 171.15, revise paragraph (a) introductory text to read as
follows:
Sec. 171.15 Immediate notice of certain hazardous materials
incidents.
(a) General. As soon as practical but no later than 12 hours after
the occurrence of any incident described in paragraph (b) of this
section, each person in physical possession of the hazardous material
must provide notice to the National Response Center (NRC) by telephone
at 800-424-8802 (toll free) or 202-267-2675 (toll call) or online at
https://www.nrc.uscg.mil. Notice involving an infectious substance
(etiologic agent) may be given to the Director, Centers for Disease
Control and Prevention (CDC), U.S. Public Health Service, Atlanta, GA,
800-232-0124 (toll free), in place of notice to the NRC. Each notice
must include the following information:
* * * * *
0
8. In Sec. 171.22, revise paragraph (a) to read as follows:
Sec. 171.22 Authorization and conditions for the use of
international standards and regulations.
(a) Authorized international standards and regulations. This
subpart authorizes, with certain conditions and limitations, the
offering for transportation and the transportation in commerce of
hazardous materials in accordance with the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), the 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) (IBR,
see Sec. 171.7).
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
9. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
10. In Sec. 172.101, in the Hazardous Materials Table, remove the
following entries.
[[Page 53187]]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (See (10) Vessel stowage
materials Hazard Special -------------------------------------------------- Sec. Sec. 173.27 and -------------------------------
Symbols descriptions and class or Identification PG Label codes provisions -------------175.75)------------
proper shipping division numbers (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names 172.102) aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)............ (8A)........... (8B)........... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]
* * * * * * *
Nitrous oxide and
carbon dioxide
mixtures, see
Carbon dioxide
and nitrous oxide
mixtures.
* * * * * * *
Oxygen and carbon
dioxide mixtures,
see Carbon
dioxide and
oxygen mixtures.
* * * * * * *
Oxygen, mixtures
with rare gases,
see Rare gases
and oxygen
mixtures.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53188]]
* * * * *
0
11. In Sec. 172.320, revise paragraph (e) to read as follows:
Sec. 172.320 Explosive hazardous materials.
* * * * *
(e) The requirements of this section do not apply to the following
Class 1 materials:
(1) Those being shipped to a testing agency in accordance with
Sec. 173.56(d) of this subchapter;
(2) Those being shipped in accordance with Sec. 173.56(e) of this
subchapter, for the purposes of developmental testing;
(3) Those which meet the requirements of Sec. 173.56(h) of this
subchapter and therefore are not subject to the approval process of
Sec. 173.56 of this subchapter;
(4) [Reserved];
(5) Those that are transported in accordance with Sec.
173.56(c)(2) of this subchapter and, therefore, are covered by a
national security classification currently in effect.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
12. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
13. In Sec. 173.62, in paragraph (c), revise Packing instruction 134
in the Table of Packing Methods to read as follows:
Sec. 173.62 Specific packaging requirements for explosives.
* * * * *
(c) * * *
Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Intermediate
Packing instruction Inner packagings packagings Outer packagings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
134................................ Bags.................. Not necessary......... Boxes.
water resistant...... steel (4A).
Receptacles........... aluminium (4B).
fibreboard........... wood, natural, ordinary
metal................ (4C1).
plastics............. wood, natural, sift proof
wood................. walls (4C2).
Sheets................ plywood (4D).
fibreboard, reconstituted wood (4F).
corrugated. fibreboard (4G).
Tubes................. plastics, expanded (4H1).
fibreboard........... plastics, solid (4H2).
Drums.
fibreboard (1G).
plastics, removable head
(1H2).
steel, removable head
(1A2).
aluminium, removable head
(1B2).
plywood (1D).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
14. In Sec. 173.124, revise paragraphs (a)(2)(ii)(C) and
(a)(2)(iii)(C) to read as follows:
Sec. 173.124 Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.
(a) * * *
(2) * * *
(ii) * * *
(C) Type C. Self-reactive material type C is a self-reactive
material which, as packaged for transportation, neither detonates nor
deflagrates rapidly and cannot undergo a thermal explosion.
* * * * *
(iii) * * *
(C) Performance of the self-reactive material under the test
procedures specified in the UN Manual of Tests and Criteria (IBR, see
Sec. 171.7 of this subchapter) and the provisions of paragraph
(a)(2)(iii) of this section; and
* * * * *
0
15. In Sec. 173.133, in paragraph (a)(2)(i), revise Note 2 following
the table to read as follows:
Sec. 173.133 Assignment of packing group and hazard zones for
Division 6.1 materials.
(a) * * *
(2) * * *
(i) * * *
Note 2: A liquid in Division 6.1 meeting criteria for Packing
Group I, Hazard Zones A or B stated in paragraph (a)(2) of this
section is a material poisonous by inhalation subject to the
additional hazard communication requirements in Sec. Sec.
172.203(m), 172.313 and table 1 of Sec. 172.504(e) of this
subchapter.
* * * * *
0
16. In Sec. 173.168, revise paragraph (d)(2) to read as follows:
Sec. 173.168 Chemical oxygen generators.
* * * * *
(d) * * *
(2) After September 30, 2009, with its contents, is capable of
meeting the following additional requirements when transported by
cargo-only aircraft:
(i) The Flame Penetration Resistance Test specified in Appendix E
to part 178 of this subchapter.
(ii) The Thermal Resistance Test specified in Appendix D to part
178 of this subchapter.
* * * * *
0
17. In Sec. 173.304, revise paragraph (f)(3)(ii) to read as follows:
Sec. 173.304 Filling of cylinders with liquefied compressed gases.
* * * * *
(f) * * *
(3) * * *
(ii) After September 30, 2009, is capable of passing, as
demonstrated by design testing, the Flame Penetration Resistance Test
specified in part III of Appendix E to part 178 of this subchapter; and
* * * * *
[[Page 53189]]
PART 174--CARRIAGE BY RAIL
0
18. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
19. Revise Sec. 174.59 to read as follows:
Sec. 174.59 Marking and placarding of rail cars.
No person may transport a rail car carrying hazardous materials
unless it is marked and placarded as required by this subchapter.
Placards and car certificates lost in transit must be replaced at the
next inspection point, and those not required must be removed at the
next terminal where the train is classified. For Canadian shipments,
required placards lost in transit, must be replaced either by those
required by part 172 of this subchapter or by those authorized under
Sec. 171.12.
PART 176--CARRIAGE BY VESSEL
0
20. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
21. In Sec. 176.415, make the following amendments:
0
a. At the end of paragraph (c)(2), remove the period and add a semi-
colon in its place;
0
b. At the end of paragraph (c)(3), remove the semi-colon and add ``;
and'' in its place; and
0
c. Revise paragraph (c)(4).
The revision reads as follows:
Sec. 176.415 Permit requirements for Division 1.5, ammonium nitrates,
and certain ammonium nitrate fertilizers.
* * * * *
(c) * * *
(4) Each facility at which the material is to be loaded or unloaded
must be located so that each vessel to be loaded or unloaded has an
unrestricted passage to open water. Each vessel must be moored bow to
seaward, and must be maintained in a mobile status during loading,
unloading, or handling operations by the presence of tugs or the
readiness of engines. Each vessel must have two wire towing hawsers,
each having an eye splice, lowered to the water's edge, one at the bow
and the other at the stern.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
22. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
23. In Sec. 180.209, revise paragraph (a)(1) introductory text to read
as follows:
Sec. 180.209 Requirements for requalification of specification
cylinders.
(a) Periodic qualification of cylinders. Each specification
cylinder that becomes due for periodic requalification, as specified in
the following table, must be requalified and marked in conformance with
the requirements of this subpart. Requalification records must be
maintained in accordance with Sec. 180.215. Table 1 follows:
* * * * *
0
24. In Sec. 180.407, revise paragraph (h)(2) to read as follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
* * * * *
(h) * * *
(2) Cargo tanks used to transport petroleum distillate fuels that
are equipped with vapor collection equipment may be leak tested in
accordance with the Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using
Pressure-Vacuum Test,'' as set forth in Appendix A to 40 CFR part 60.
Test methods and procedures and maximum allowable pressure and vacuum
changes are in 40 CFR 63.425(e). The hydrostatic test alternative,
using liquid in Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using
Pressure-Vacuum Test,'' may not be used to satisfy the leak testing
requirements of this paragraph. The test must be conducted using air.
* * * * *
0
25. In Sec. 180.605, revise the heading to paragraph (h) to read as
follows:
Sec. 180.605 Requirements for periodic testing, inspection and repair
of portable tanks.
* * * * *
(h) Pressure test procedures for specification 51, 56, 57, 60, IM
or UN portable tanks. * * *
* * * * *
Issued in Washington, DC, on October 1, 2009, under authority
delegated in 49 CFR part 1.
Cynthia Douglass,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. E9-24807 Filed 10-15-09; 8:45 am]
BILLING CODE 4910-60-P
