Hazardous Materials: Minor Editorial Corrections and Clarifications, 53593-53598 [2010-21759]
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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations
PART 180—[AMENDED]
Commodity
1. The authority citation for part 180
continues to read as follows:
■
*
*
*
Atemoya ..........................
Avocado ..........................
*
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*
Berry, low-growing subgroup 13–07G .............
Biriba ...............................
*
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*
Cherimoya ......................
*
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*
Custard apple .................
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.572 is amended by:
i. Alphabetically adding commodities
to the table in paragraph (a)(1), and
■ ii. Revising the table in paragraph (b),
so the amendments to paragraphs (a)(1)
and (b) read as follows:
■
■
§ 180.572 Bifenazate; tolerance for
residues.
(a)(1)
*
*
Parts per million
*
*
1.6
7.0
*
*
1.5
1.6
*
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*
1.6
1.6
Commodity
Commodity
*
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BILLING CODE 6560–50–S
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 171, 172, 173, 176,
177, 179, and 180
[Docket No. PHMSA–2010–0195 (HM–244C)]
RIN 2137–AE61
Hazardous Materials: Minor Editorial
Corrections and Clarifications
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
II. Section by Section Review
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. 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 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Deborah Boothe, Office of Hazardous
Materials Standards, 202–366–8553,
PHMSA, East Building, PHH–10, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
The Pipeline and Hazardous Materials
Safety Administration (PHMSA)
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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,
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.
The following is a summary by
section of the minor editorial
corrections and clarifications made in
this final rule. The summary does not
include minor editorial corrections such
as punctuation errors or similar minor
revisions.
Part 107
Section 107.117
This section sets forth conditions and
procedures for emergency processing for
an application for a special permit. The
daytime telephone number for the
Federal Motor Carrier Administration in
paragraph (d)(3) is no longer correct.
Accordingly, we are revising this
contact number.
Section 107.329
This section sets forth the maximum
and minimum civil penalties for
violations of the Federal hazardous
material transportation law, 49 U.S.C.
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1.0
1.6
1.6
1.6
*
Parts per million
Timothy, forage ............................................................................................................................................
Timothy, hay ................................................................................................................................................
[FR Doc. 2010–21719 Filed 8–31–10; 8:45 am]
Parts per million
*
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*
Fruit, small, vine climbing
subgroup 13–07F, except fuzzy kiwifruit .......
*
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Ilama ...............................
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Soursop ..........................
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Sugar apple ....................
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(b)
*
53593
50
150
Expiration/Revocation Date
12/31/10
12/31/10
5101 et seq., and violations of
regulations issued pursuant to that law.
Those maximum and minimum
penalties were most recently adjusted
on December 29, 2009 (74 FR 68701) to
consider the effects of inflation since
reauthorization of the Federal hazardous
material transportation law in August
2005. We found that the inflation
adjustment in the Federal Civil
Penalties Inflation Adjustment Act (28
U.S.C. 2461 note) (the Act)—the change
in the CPI–U over the prescribed
period—was 12.5%, but that the Act
limited the adjustment of the maximum
and minimum civil penalties to 10%.
These adjusted maximum and minimum
civil penalties apply to any violation
occurring on or after January 1, 2010.
More recently, it has been called to
our attention that we did not apply the
‘‘rounding’’ requirement in Section 5 of
the Act in making adjustments to the
minimum civil penalty amounts.
Applying the 12.5% increase in the
CPI–U to the $450 minimum penalty for
a violation related to training produces
an increase of $56.25, which would be
rounded to $100—except for the
limitation in the Act that the initial
adjustment may not exceed 10%. Thus,
the adjusted minimum penalty of $495
for a violation related to training was
correct. However, when the $250
minimum penalty amount for other
violations is increased by 12.5%, the
result would be an increase of $31.25,
which must be rounded to the nearest
$100—or $0. Thus, we should have left
the minimum civil penalty for other
violations at $250. Accordingly, we are
correcting this error in both § 107.329
and § 171.1(g). PHMSA does not believe
that the improper $275 civil penalty
amount has been used in any
enforcement case arising out of
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violations that occurred on or after
January 1, 2010, and we will continue
to use the proper $250 amount in such
enforcement cases that have arisen since
that date.
Part 171
Section 171.6
Section 171.6 consolidates and
displays the control numbers assigned
to the HMR collections of information
by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995. This section
complies with the requirements of 5
CFR 1320.7(f), 1320.12, 1320.13 and
1320.14 (OMB regulations
implementing the Paperwork Reduction
Act of 1995) for the display of control
numbers assigned by OMB to
collections of information of the HMR.
In paragraph (b)(2), the table of OMB
control numbers is revised to update
affected sections for OMB control
numbers 2137–0022 and 2137–0572.
Section 171.7
Paragraph (b) of § 171.7 lists materials
that are ‘‘informational materials not
requiring incorporation by reference’’
into the HMR. In the preamble to the
HM–244A final rule published in the
Federal Register on October 1, 2008
(73 FR 57001), we stated that the
Compressed Gas Association’s (CGA)
publication CGA C–1.1, Personnel
Training and Certification Guidelines
for Cylinder Requalification By the
Volumetric Expansion Method, could be
used as guidance material to assist
cylinder requalifiers in setting up their
training procedures and was not to be
considered as a stand alone tool for
training persons on how to perform
requalification of cylinders using the
volumetric expansion test method. In
that final rule, we also stated we were
removing the entries in §§ 171.7(b) and
180.205(g)(6) that refer to the
publication. However, due to an
oversight, the amendatory language was
inadvertently omitted. Therefore, in this
final rule, we are removing the entry for
CGA C–1.1 from § 171.7(b) and
paragraph (g)(6) from § 180.205.
Part 172
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Section 172.101
This section contains the Hazardous
Materials Table (HMT) and explanatory
text for each of the columns in the table.
Some of the information for the entry
‘‘Helium, compressed, UN1046’’ in the
HMT was reported under the incorrect
columns. In this final rule, we are
revising the entry ‘‘Helium, compressed,
UN1046’’ by correcting the information
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reported in columns 5, 6, 7, 8a, 8b, and
9a.
Section 172.604
This section prescribes requirements
for providing the emergency response
telephone number on hazardous
materials shipping papers. As amended
in the final rule, ‘‘Revision of
Requirements for Emergency Response
Telephone Numbers,’’ HM–206F,
published October 19, 2009 (74 FR
53413), we are correcting § 172.604(b)(1)
by adding the word ‘‘information’’ to the
phrase ‘‘emergency response provider’’
so that it reads ‘‘emergency response
information provider (ERI provider).’’ In
the October 19, 2009 final rule, the word
‘‘information’’ was inadvertently omitted
during the printing of the regulatory
text.
In paragraphs (b)(1) and (b)(2), we are
clarifying the term ‘‘contract number’’ by
adding the wording ‘‘or other unique
identifier assigned by the ERI provider’’
to clarify that the term ‘‘contract
number’’ identifies the registrant to the
ERI provider. This clarification should
serve to avoid confusion when an ERI
provider may be using the term
‘‘contract number’’ for another purpose.
In paragraph (b)(2), we are also
clarifying that the person who is
registered with the emergency response
provider must be identified by name or
contract number on the shipping paper
immediately before, after, above, or
below the emergency response
telephone number in a prominent,
readily identifiable, and clearly visible
manner that allows the information to
be easily and quickly found unless the
name or identifier is entered elsewhere
in a prominent manner in accordance
with paragraph (b)(1).
Section 172.800
This section prescribes hazardous
materials security plan requirements. In
a final rule, ‘‘Risk-Based Adjustment of
Transportation Security Plan
Requirements,’’ HM–232F, published
March 9, 2010 (75 FR 10974), there were
three drafting errors. First, we indicated
that ‘‘the security planning requirement
will apply, as it does now, to all
Division 1.4 explosives transported in
quantities that require placarding under
Subpart F of Part 172 of the HMR.’’
However, in the regulatory text to the
final rule we referenced § 172.504(c) in
place of Subpart F of Part 172. As a
result, the changes may be interpreted to
require placards for certain Division
1.4S materials that fall under
§ 172.504(f)(6). This was not our intent.
Second, we indicated, in the final rule,
that the security planning requirement
for desensitized explosives in Class 3
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and Division 4.1 would apply to
quantities that require placarding under
§ 172.504(c). This reference is not clear
and is inconsistent with previous
references to ‘‘quantities that require
placarding under the provisions of
Subpart F of Part 172.’’ Therefore, to
clarify the first two errors, we are
revising § 172.800(b)(2) and (b)(7) to
remove the reference to ‘‘§ 172.504(c)’’
and replacing it to read ‘‘subpart F of
this part.’’
The third error is closely related to
the first two errors. We indicated, in the
final rule, that the security planning
requirements for Division 4.3 materials
would continue to require security
plans for ‘‘any quantity’’ of Division 4.3
materials. Again, this reference is not
clear and is inconsistent with previous
references to ‘‘quantities that require
placarding under the provisions of
Subpart F of Part 172.’’ Therefore, to
correct this error we are revising
§ 172.800(b)(9) to read ‘‘any quantity of
a Division 4.3 material requiring
placarding in accordance with subpart F
of this part,’’ as intended in the final
rule to HM–232F.
Part 173
Section 173.27
This section specifies general
requirements for packaging hazardous
materials for transportation by aircraft.
The reference to § 171.11 in paragraph
(f) is no longer valid. Therefore, PHMSA
is correcting this error by revising
paragraph (f) to remove the reference to
§ 171.11 and replacing it with a
reference to § 171.22.
Section 173.171
This section prescribes requirements
for smokeless powder for small arms.
The entry ‘‘Smokeless powder for small
arms (100 pounds or less),’’ NA3178 is
only applicable to U.S. transportation as
indicated by the ‘‘D’’ in column 1 of the
HMT. Therefore, in § 173.171, the
introductory text is revised to clarify
that the provisions of this section
applies to domestic transportation only.
Section 173.314
This section prescribes requirements
for transporting compressed gases in
tank cars and multi-unit tank cars. For
the entry ‘‘Chlorine,’’ column 2 of the
table entitled ‘‘Outage and filling limits’’
refers to ‘‘Note 13’’. There is no ‘‘Note
13.’’ To correct this error, the reference
to ‘‘Note 13’’ in column 2 of the table,
is removed. In addition, for the entries
‘‘Hydrogen Sulphide’’ and ‘‘Hydrogen
sulphide, liquefied’’ column 1 of the
table reflects the international spelling
while the proper shipping name entries
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in the § 172.101 HMT reflect the
domestic spelling of ‘‘Hydrogen sulfide.’’
Both spellings are authorized in
accordance with § 172.101(c)(1).
However, we are revising the entries in
the § 173.314 table to read ‘‘Hydrogen
Sulfide’’ and ‘‘Hydrogen sulfide,
liquefied’’ to be consistent with the
spelling in the § 172.101 HMT.
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.
Part 176
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.
Section 176.54
This section prescribes requirements
for repairs involving welding, burning,
and power-actuated tools and
appliances. We are revising paragraph
(b)(1) to correct the reference to 33 CFR
126.15(c) to read 33 CFR 126.30.
Part 177
Section 177.843
This section prescribes requirements
for surveying for contamination on
motor vehicles used to transport Class 7
radioactive materials under exclusive
use conditions. We are revising
paragraph (a) to correct the reference to
‘‘§ 173.427(b)(3) or (c) or § 173.443(c)’’ to
read ‘‘§ 173.427(b)(4) or (c) or
§ 173.443(c)’’ to correct a typographical
error.
Part 179
Appendix B
49 CFR part 179, appendix B
prescribes procedure for the ‘‘Simulated
Pool and Torch Fire Test.’’ PHMSA is
correcting an error in the pool and torch
fire test requirements. The conversion
that was used to establish the tolerances
for the flame temperatures was
incorrect. A temperature conversion was
made. However, a factor of 1.8 should
have been used to convert between
degrees Fahrenheit and degrees Celsius.
The temperature requirements should
read 871 °C (1600 °F) +/¥ 55.6 °C
(132.08 °F).
Part 180
Section 180.213
This section prescribes requirements
for requalification markings for
cylinders.
We are revising paragraph (d)(2) to
correct the reference to § 173.301(l) to
read § 171.23(a)(4).
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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
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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
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53595
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.
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
Administrative practice and
procedure, Hazardous materials
transportation, Penalties, Reporting and
recordkeeping requirements.
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.
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49 CFR Part 176
PART 107–HAZARDOUS MATERIALS
PROGRAM PROCEDURES
■
1. The authority citation for part 107
continues to read as follows:
Hazardous materials transportation,
Segregation, Handling and stowage,
Maritime carriers.
49 CFR Part 177
Hazardous materials transportation,
Loading and unloading, Segregation and
separation.
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
■
Authority: 49 U.S.C. 5101–5129, 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.
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.
§ 107.117
49 CFR Part 179
§ 171.1
[Amended]
2. In § 107.117, in paragraph (d)(3),
the phone number ‘‘202–366–6121’’ is
removed and the phone number ‘‘202–
385–2400’’ is added in its place.
■
Hazardous materials transportation,
Rail car specifications.
49 CFR Part 180
Hazardous materials transportation,
Motor carriers, Motor vehicle safety,
Packaging and containers, Railroad
safety, Reporting and recordkeeping
requirements.
§ 107.329
4. The authority citation for part 171
continues to read as follows:
[Amended]
3. In § 107.329, in paragraphs (a) and
(b), the figure ‘‘$275’’ is removed and the
figure ‘‘$250’’ is added in its place.
■
[Amended]
5. In § 171.1, in paragraph (g), the
wording ‘‘$275’’ is removed and the
wording ‘‘$250’’ is added.
■ 6. In § 171.6, the table in paragraph
(b)(2) is amended by revising the entries
for ‘‘2137–0022’’ and ‘‘2137–0572’’ to
read as follows:
■
§ 171.6 Control numbers under the
Paperwork Reduction Act.
*
In consideration of the foregoing, 49
CFR chapter I is amended as follows:
■
*
*
(b) * * *
(2) Table.
*
*
Current OMB
control No.
Title
Title 49 CFR part or section where identified and described
*
2137–0022 .............
*
*
Testing, Inspection, and Marking Requirements for Cylinders.
*
*
*
*
§§ 173.5b, 173.302a, 173.303, 173.304, 173.309, 178.2, 178.3, 178.35, 178.44,
178.45, 178.46, 178.57, 178.59, 178.60, 178.61, 178.68, 180.205, 180.207,
180.209, 180.211, 180.213, 180.215, 180.217, Appendix C to Part 180.
*
2137–0572 .............
*
*
Testing requirements for non-bulk packages.
*
*
*
*
§§ 173.168, 178.2, 178.601, Appendix C to Part 178, Appendix D to Part 178.
§ 171.7
[Amended]
7. In the table in paragraph (b) of
§ 171.7, the entry ‘‘Compressed Gas
Association, Inc., 4221 Walney Road,
5th Floor, Chantilly, Virginia 20151,
CGA C–1.1, Personnel Training and
Certification Guidelines for Cylinder
Requalification By the Volumetric
Expansion Method, 2004, First Edition’’
is removed.
■
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
Authority: 49 U.S.C. 5101–5128; 44701; 49
CFR 1.53.
9. In § 172.101, in the Hazardous
Materials Table, the entry for ‘‘Helium,
compressed’’ is revised to read as
follows.
*
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■
8. The authority citation for part 172
continues to read as follows:
■
(8) Packaging (§ 173.***)
Hazard
class or
division
Identification Nos.
(2)
Symbols
Hazardous materials descriptions
and proper shipping
names
(3)
(4)
(5)
UN1046 ..
*
........
(1)
*
Helium, compressed.
*
2.2
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*
*
*
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10. In § 172.604, as amended October
19, 2009, at 74 FR 53422, effective
November 18, 2009, and delayed until
October 1, 2010, at 74 FR 54489,
■
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Nonbulk
Bulk
Passenger
aircraft/rail
Cargo aircraft only
Location
Other
(6)
(7)
(8A)
(8B)
(8C)
(9A)
(9B)
(10A)
(10B)
2.2 ..........
*
..................
306
*
302
*
75 kg .......
150 kg .....
A .............
85
*
*
*
§ 172.604
number.
Emergency response telephone
*
*
*
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302,
314
*
October 22, 2009, paragraphs (b)(1) and
(b)(2) are revised to read as follows:
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stowage
Exceptions
PG
*
(9) Quantity limitations
(see §§ 173.27 and
175.75)
Special
provisions
(§ 172.102)
Label
codes
*
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*
(b) * * *
(1) The number of the person offering
the hazardous material for
transportation when that person is also
the emergency response information
provider (ERI provider). The name of
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the person, or contract number or other
unique identifier assigned by an ERI
provider, identified with the emergency
response telephone number must be
entered on the shipping paper
immediately before, after, above, or
below the emergency response
telephone number unless the name is
entered elsewhere on the shipping
paper in a prominent, readily
identifiable, and clearly visible manner
that allows the information to be easily
and quickly found; or
(2) The number of an agency or
organization capable of, and accepting
responsibility for, providing the detailed
information required by paragraph (a)(2)
of this section. The person who is
registered with the ERI provider must
ensure that the agency or organization
has received current information on the
material before it is offered for
transportation. The person who is
registered with the ERI provider must be
identified by name, or contract number
or other unique identifier assigned by
the ERI provider, on the shipping paper
immediately before, after, above, or
below the emergency response
telephone number in a prominent,
readily identifiable, and clearly visible
manner that allows the information to
be easily and quickly found, unless the
name or identifier is entered elsewhere
in a prominent manner as provided in
paragraph (b)(1) of this section.
*
*
*
*
*
■ 11. In § 172.800, paragraphs (b)(2), (7),
and (9), as amended March 9, 2010, at
75 FR 10988, effective October 1, 2010,
are revised to read as follows:
§ 172.800
Purpose and applicability.
*
*
*
*
(b) * * *
(2) A quantity of a Division 1.4, 1.5,
or 1.6 material requiring placarding in
accordance with subpart F of this part;
*
*
*
*
*
(7) A quantity of desensitized
explosives meeting the definition of
Division 4.1 or Class 3 material
requiring placarding in accordance with
subpart F of this part;
*
*
*
*
*
(9) A quantity of a Division 4.3
material requiring placarding in
accordance with subpart F of this part;
*
*
*
*
*
mstockstill on DSKH9S0YB1PROD with RULES
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
13. In § 173.27, paragraph (f)
introductory text is revised to read as
follows:
■
§ 173.27 General requirements for
transportation by aircraft.
*
*
*
*
*
(f) Combination packaging. Unless
otherwise specified in this part, or in
§ 171.22 of this subchapter, when
combination packaging are offered for
transportation aboard aircraft, inner
packaging must conform to the quantity
limitations set forth in table 1 of this
paragraph for transport aboard
passenger-carrying aircraft and table 2 of
this paragraph for transport aboard
cargo aircraft only, as follows:
*
*
*
*
*
■ 14. In § 173.171, the introductory text
is revised to read as follows:
§ 173.171
arms.
Smokeless powder for small
Smokeless powder for small arms
which has been classed in Division 1.3
may be reclassed in Division 4.1, for
domestic transportation by motor
vehicle, rail car, vessel, or cargo-only
aircraft, subject to the following
conditions:
*
*
*
*
*
§ 173.314
[Amended]
15. In § 173.314, in the table in
paragraph (c), in column 1, the entries
for ‘‘Hydrogen Sulphide’’ and ‘‘Hydrogen
sulphide, liquefied’’ are removed and
‘‘Hydrogen sulfide’’ and ‘‘Hydrogen
sulfide, liquefied’’ are added in their
place; and in column 2 of the table, for
the entry ‘‘Chlorine’’, the reference to
‘‘Notes 6, 13’’ is removed and the
reference ‘‘Note 6’’ is added in its place.
■
PART 176—CARRIAGE BY VESSEL
16. The authority citation for part 176
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
part 1.53.
§ 176.54
[Amended]
17. In § 176.54, in paragraph (b)(1),
the reference ‘‘33 CFR 126.15(c)’’ is
removed and the reference ‘‘33 CFR
126.30’’ is added.
■
PART 177—CARRIAGE BY PUBLIC
HIGHWAY
18. The authority citation for part 177
continues to read as follows:
■
■
12. The authority citation for part 173
continues to read as follows:
Authority: 49 U.S.C. 5101–5127; 49 CFR
part 1.53.
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
■
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18:02 Aug 31, 2010
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19. In § 177.843, paragraph (a) is
revised to read as follows:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
§ 177.843
53597
Contamination of vehicles.
(a) Each motor vehicle used for
transporting Class 7 (radioactive)
materials under exclusive use
conditions in accordance with
§ 173.427(b)(4) or (c) or § 173.443(c) of
this subchapter must be surveyed with
radiation detection instruments after
each use. A vehicle may not be returned
to service until the radiation dose rate
at every accessible surface is 0.005 mSv
per hour (0.5 mrem per hour) or less and
the removable (non-fixed) radioactive
surface contamination is not greater
than the level prescribed in § 173.443(a)
of this subchapter.
*
*
*
*
*
PART 179—SPECIFICATIONS FOR
TANK CARS
20. The authority citation for part 179
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5127; 49 CFR
part 1.53.
21. In Appendix B to Part 179,
paragraph 2. a. (1) is revised to read as
follows:
■
Appendix B to Part 179, Procedures for
Simulated Pool and Torch Fire Testing
*
*
*
*
*
2. Simulated pool fire test.
a. * * *
(1) The source of the simulated pool fire
must be hydrocarbon fuel with a flame
temperature of 871 °C (1600 °F) plus-orminus 55.6 °C (132.08 °F), throughout the
duration of the test.
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
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 § 180.205, paragraph (g)(6) is
revised to read as follows:
■
§ 180.205 General requirements for
requalification of specification cylinders.
*
*
*
*
*
(g) * * *
(6) Training materials may be used for
training persons who requalify cylinders
using the volumetric expansion test
method.
*
*
*
*
*
■ 24. In § 180.213, paragraph (d)(2) is
revised to read as follows:
§ 180.213
Requalification markings.
*
*
*
*
*
(d) * * *
(2) Exception. A cylinder subject to
the requirements of § 171.23(a)(4) of this
E:\FR\FM\01SER1.SGM
01SER1
53598
Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations
subchapter may not be marked with a
RIN.
*
*
*
*
*
Issued in Washington, DC, on August 26,
2010 under authority delegated in 49 CFR
part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2010–21759 Filed 8–31–10; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2009–0027;
92220–1113–0000; ABC Code: C3]
RIN 1018–AW27
Endangered and Threatened Wildlife
and Plants; Threatened Status for
Shovelnose Sturgeon Under the
Similarity of Appearance Provisions of
the Endangered Species Act
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, determine it necessary
to treat shovelnose sturgeon
(Scaphirhynchus platorynchus) as
threatened due to similarity of
appearance to the endangered pallid
sturgeon (Scaphirhynchus albus) under
the similarity of appearance provisions
of the Endangered Species Act of 1973,
as amended. The shovelnose sturgeon
and the endangered pallid sturgeon are
difficult to differentiate in the wild and
inhabit overlapping portions of the
Missouri and Mississippi River basins.
Commercial harvest of shovelnose
sturgeon has resulted in the
documented take of pallid sturgeon
where the two species coexist and is a
threat to the pallid sturgeon. This
determination to treat shovelnose
sturgeon due to similarity of appearance
will substantially facilitate law
enforcement actions to protect and
conserve pallid sturgeon. This rule
extends take prohibitions to shovelnose
sturgeon, shovelnose-pallid sturgeon
hybrids, and their roe when associated
with a commercial fishing activity in
areas where pallid sturgeon and
shovelnose sturgeon commonly coexist.
Accidental or incidental capture of
pallid or shovelnose sturgeon, or
shovelnose-pallid sturgeon hybrids, in
commercial fishing gear will not be
considered take provided the sturgeon
mstockstill on DSKH9S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:02 Aug 31, 2010
Jkt 220001
are immediately released to the wild at
the point where taken with roe intact.
DATES: This rule becomes effective on
October 1, 2010.
FOR FURTHER INFORMATION CONTACT:
George Jordan, Pallid Sturgeon Recovery
Coordinator, 2900 4th Avenue North,
Room 301, Billings, Montana 59101
(telephone (406) 247–7365; facsimile
(406) 247–7364). Public comments and
literature referenced in association with
this rule are available at https://
www.regulations.gov at Docket No.
FWS–R6–ES–2009–0027 and at the
above office, by appointment, during
normal business hours. Persons who use
a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800/
877–8339, 24 hours a day, 7 days a
week.
SUPPLEMENTARY INFORMATION:
Background
In 1990, the U.S. Fish and Wildlife
Service (Service) listed the pallid
sturgeon (Scaphirhynchus albus) as
endangered under the Endangered
Species Act of 1973, as amended (Act)
(16 U.S.C. 1531 et seq.) (55 FR 36641,
September 6, 1990). The pallid sturgeon
has a flattened, shovel-shaped snout,
possesses a long and slender and
completely armored caudal peduncle,
and lacks a spiracle and belly scutes
(Forbes and Richardson 1905, pp. 38–
41). The pallid sturgeon is a bottomoriented species found only in portions
of the Missouri and Mississippi River
basins (Kallemeyn 1983, p. 4). The
species can be long-lived (40 plus
years), with females reaching sexual
maturity later than males (Keenlyne and
Jenkins 1993, pp. 393, 395). Pallid
sturgeon at the northern end of their
range can attain sizes (both length and
weight) much larger than pallid
sturgeon at the southern end of their
range (Service 1993, p. 3). Current
known threats to the pallid sturgeon
include habitat modification, small
population size, limited natural
reproduction, hybridization, pollution
and contamination, entrainment, and
commercial harvest (Service 2007, pp.
38–59).
The pallid sturgeon and the
shovelnose sturgeon are both members
of the genus Scaphirhynchus. These
sturgeon can be difficult to differentiate
in the wild and inhabit overlapping
portions of the Missouri and Mississippi
River basins. Within these areas of
overlap, four States continue to allow
commercial harvest of shovelnose
sturgeon. Take of the endangered pallid
sturgeon has been documented to occur
where this commercial fishery is
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
allowed (Sheehan et al. 1997, p. 3;
Service 2007, pp. 45–48; Bettoli et al.
2009, p. 3). Incidental and illegal
harvest of pallid sturgeon is a significant
impediment to the survival and
recovery of this species in some parts of
its range (Service 2007, p. 45). Our
recent 5-year status review
recommended that we identify and
implement measures to eliminate or
significantly reduce illegal and
accidental harvest of pallid sturgeon
(Service 2007, p. 59).
Previous Federal Actions
On September 6, 1990, the pallid
sturgeon was listed as endangered under
the Act (55 FR 36641). At the time of
listing, the primary threats and
vulnerabilities for pallid sturgeon were
curtailment of range, habitat destruction
and modification, low population size,
lack of recruitment, commercial harvest,
pollution and contaminants, and
hybridization (55 FR 36641, September
6, 1990; Service 1993, pp. 10–15). Since
listing, we worked cooperatively with
State partners to address the threat
posed by commercial harvest. A recent
status review found that restrictions
imposed through State fishing
regulations had helped, but that
incidental and illegal take during
commercial harvest of shovelnose
sturgeon was still having a substantial
and detrimental effect on the pallid
sturgeon (Service 2007, pp. 45–48). To
address this issue, on September 22,
2009, we published in the Federal
Register a proposed rule to treat the
shovelnose sturgeon as a threatened
species due to its similarity of
appearance to the endangered pallid
sturgeon (74 FR 48215).
Public Comments Solicited
As part of the September 22, 2009,
proposed rule (74 FR 48215), we
requested interested parties to provide
comments and materials concerning the
proposed rule during a 60-day public
comment period. We contacted all
appropriate State and Federal agencies,
county governments, elected officials,
scientific organizations, and other
interested parties and invited them to
comment. During the public comment
period, we received several requests for
a public hearing. On January 14, 2010,
we published a Federal Register notice
announcing a 21-day reopening of the
comment period and an informational
meeting and public hearing on January
28, 2010, in Cape Girardeau, Missouri
(75 FR 2102).
Peer Review
In accordance with our policy for peer
review (59 FR 34270, July 1, 1994), and
E:\FR\FM\01SER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53593-53598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21759]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 176, 177, 179, and 180
[Docket No. PHMSA-2010-0195 (HM-244C)]
RIN 2137-AE61
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 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 1, 2010.
FOR FURTHER INFORMATION CONTACT: Deborah Boothe, 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)
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, 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 minor editorial
corrections and clarifications made in this final rule. The summary
does not include minor editorial corrections such as punctuation errors
or similar minor revisions.
Part 107
Section 107.117
This section sets forth conditions and procedures for emergency
processing for an application for a special permit. The daytime
telephone number for the Federal Motor Carrier Administration in
paragraph (d)(3) is no longer correct. Accordingly, we are revising
this contact number.
Section 107.329
This section sets forth the maximum and minimum civil penalties for
violations of the Federal hazardous material transportation law, 49
U.S.C. 5101 et seq., and violations of regulations issued pursuant to
that law. Those maximum and minimum penalties were most recently
adjusted on December 29, 2009 (74 FR 68701) to consider the effects of
inflation since reauthorization of the Federal hazardous material
transportation law in August 2005. We found that the inflation
adjustment in the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. 2461 note) (the Act)--the change in the CPI-U over the
prescribed period--was 12.5%, but that the Act limited the adjustment
of the maximum and minimum civil penalties to 10%. These adjusted
maximum and minimum civil penalties apply to any violation occurring on
or after January 1, 2010.
More recently, it has been called to our attention that we did not
apply the ``rounding'' requirement in Section 5 of the Act in making
adjustments to the minimum civil penalty amounts. Applying the 12.5%
increase in the CPI-U to the $450 minimum penalty for a violation
related to training produces an increase of $56.25, which would be
rounded to $100--except for the limitation in the Act that the initial
adjustment may not exceed 10%. Thus, the adjusted minimum penalty of
$495 for a violation related to training was correct. However, when the
$250 minimum penalty amount for other violations is increased by 12.5%,
the result would be an increase of $31.25, which must be rounded to the
nearest $100--or $0. Thus, we should have left the minimum civil
penalty for other violations at $250. Accordingly, we are correcting
this error in both Sec. 107.329 and Sec. 171.1(g). PHMSA does not
believe that the improper $275 civil penalty amount has been used in
any enforcement case arising out of
[[Page 53594]]
violations that occurred on or after January 1, 2010, and we will
continue to use the proper $250 amount in such enforcement cases that
have arisen since that date.
Part 171
Section 171.6
Section 171.6 consolidates and displays the control numbers
assigned to the HMR collections of information by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
This section complies with the requirements of 5 CFR 1320.7(f),
1320.12, 1320.13 and 1320.14 (OMB regulations implementing the
Paperwork Reduction Act of 1995) for the display of control numbers
assigned by OMB to collections of information of the HMR. In paragraph
(b)(2), the table of OMB control numbers is revised to update affected
sections for OMB control numbers 2137-0022 and 2137-0572.
Section 171.7
Paragraph (b) of Sec. 171.7 lists materials that are
``informational materials not requiring incorporation by reference''
into the HMR. In the preamble to the HM-244A final rule published in
the Federal Register on October 1, 2008 (73 FR 57001), we stated that
the Compressed Gas Association's (CGA) publication CGA C-1.1, Personnel
Training and Certification Guidelines for Cylinder Requalification By
the Volumetric Expansion Method, could be used as guidance material to
assist cylinder requalifiers in setting up their training procedures
and was not to be considered as a stand alone tool for training persons
on how to perform requalification of cylinders using the volumetric
expansion test method. In that final rule, we also stated we were
removing the entries in Sec. Sec. 171.7(b) and 180.205(g)(6) that
refer to the publication. However, due to an oversight, the amendatory
language was inadvertently omitted. Therefore, in this final rule, we
are removing the entry for CGA C-1.1 from Sec. 171.7(b) and paragraph
(g)(6) from Sec. 180.205.
Part 172
Section 172.101
This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. Some of the
information for the entry ``Helium, compressed, UN1046'' in the HMT was
reported under the incorrect columns. In this final rule, we are
revising the entry ``Helium, compressed, UN1046'' by correcting the
information reported in columns 5, 6, 7, 8a, 8b, and 9a.
Section 172.604
This section prescribes requirements for providing the emergency
response telephone number on hazardous materials shipping papers. As
amended in the final rule, ``Revision of Requirements for Emergency
Response Telephone Numbers,'' HM-206F, published October 19, 2009 (74
FR 53413), we are correcting Sec. 172.604(b)(1) by adding the word
``information'' to the phrase ``emergency response provider'' so that
it reads ``emergency response information provider (ERI provider).'' In
the October 19, 2009 final rule, the word ``information'' was
inadvertently omitted during the printing of the regulatory text.
In paragraphs (b)(1) and (b)(2), we are clarifying the term
``contract number'' by adding the wording ``or other unique identifier
assigned by the ERI provider'' to clarify that the term ``contract
number'' identifies the registrant to the ERI provider. This
clarification should serve to avoid confusion when an ERI provider may
be using the term ``contract number'' for another purpose.
In paragraph (b)(2), we are also clarifying that the person who is
registered with the emergency response provider must be identified by
name or contract number on the shipping paper immediately before,
after, above, or below the emergency response telephone number in a
prominent, readily identifiable, and clearly visible manner that allows
the information to be easily and quickly found unless the name or
identifier is entered elsewhere in a prominent manner in accordance
with paragraph (b)(1).
Section 172.800
This section prescribes hazardous materials security plan
requirements. In a final rule, ``Risk-Based Adjustment of
Transportation Security Plan Requirements,'' HM-232F, published March
9, 2010 (75 FR 10974), there were three drafting errors. First, we
indicated that ``the security planning requirement will apply, as it
does now, to all Division 1.4 explosives transported in quantities that
require placarding under Subpart F of Part 172 of the HMR.'' However,
in the regulatory text to the final rule we referenced Sec. 172.504(c)
in place of Subpart F of Part 172. As a result, the changes may be
interpreted to require placards for certain Division 1.4S materials
that fall under Sec. 172.504(f)(6). This was not our intent. Second,
we indicated, in the final rule, that the security planning requirement
for desensitized explosives in Class 3 and Division 4.1 would apply to
quantities that require placarding under Sec. 172.504(c). This
reference is not clear and is inconsistent with previous references to
``quantities that require placarding under the provisions of Subpart F
of Part 172.'' Therefore, to clarify the first two errors, we are
revising Sec. 172.800(b)(2) and (b)(7) to remove the reference to
``Sec. 172.504(c)'' and replacing it to read ``subpart F of this
part.''
The third error is closely related to the first two errors. We
indicated, in the final rule, that the security planning requirements
for Division 4.3 materials would continue to require security plans for
``any quantity'' of Division 4.3 materials. Again, this reference is
not clear and is inconsistent with previous references to ``quantities
that require placarding under the provisions of Subpart F of Part
172.'' Therefore, to correct this error we are revising Sec.
172.800(b)(9) to read ``any quantity of a Division 4.3 material
requiring placarding in accordance with subpart F of this part,'' as
intended in the final rule to HM-232F.
Part 173
Section 173.27
This section specifies general requirements for packaging hazardous
materials for transportation by aircraft. The reference to Sec. 171.11
in paragraph (f) is no longer valid. Therefore, PHMSA is correcting
this error by revising paragraph (f) to remove the reference to Sec.
171.11 and replacing it with a reference to Sec. 171.22.
Section 173.171
This section prescribes requirements for smokeless powder for small
arms. The entry ``Smokeless powder for small arms (100 pounds or
less),'' NA3178 is only applicable to U.S. transportation as indicated
by the ``D'' in column 1 of the HMT. Therefore, in Sec. 173.171, the
introductory text is revised to clarify that the provisions of this
section applies to domestic transportation only.
Section 173.314
This section prescribes requirements for transporting compressed
gases in tank cars and multi-unit tank cars. For the entry
``Chlorine,'' column 2 of the table entitled ``Outage and filling
limits'' refers to ``Note 13''. There is no ``Note 13.'' To correct
this error, the reference to ``Note 13'' in column 2 of the table, is
removed. In addition, for the entries ``Hydrogen Sulphide'' and
``Hydrogen sulphide, liquefied'' column 1 of the table reflects the
international spelling while the proper shipping name entries
[[Page 53595]]
in the Sec. 172.101 HMT reflect the domestic spelling of ``Hydrogen
sulfide.'' Both spellings are authorized in accordance with Sec.
172.101(c)(1). However, we are revising the entries in the Sec.
173.314 table to read ``Hydrogen Sulfide'' and ``Hydrogen sulfide,
liquefied'' to be consistent with the spelling in the Sec. 172.101
HMT.
Part 176
Section 176.54
This section prescribes requirements for repairs involving welding,
burning, and power-actuated tools and appliances. We are revising
paragraph (b)(1) to correct the reference to 33 CFR 126.15(c) to read
33 CFR 126.30.
Part 177
Section 177.843
This section prescribes requirements for surveying for
contamination on motor vehicles used to transport Class 7 radioactive
materials under exclusive use conditions. We are revising paragraph (a)
to correct the reference to ``Sec. 173.427(b)(3) or (c) or Sec.
173.443(c)'' to read ``Sec. 173.427(b)(4) or (c) or Sec. 173.443(c)''
to correct a typographical error.
Part 179
Appendix B
49 CFR part 179, appendix B prescribes procedure for the
``Simulated Pool and Torch Fire Test.'' PHMSA is correcting an error in
the pool and torch fire test requirements. The conversion that was used
to establish the tolerances for the flame temperatures was incorrect. A
temperature conversion was made. However, a factor of 1.8 should have
been used to convert between degrees Fahrenheit and degrees Celsius.
The temperature requirements should read 871 [deg]C (1600 [deg]F) +/-
55.6 [deg]C (132.08 [deg]F).
Part 180
Section 180.213
This section prescribes requirements for requalification markings
for cylinders.
We are revising paragraph (d)(2) to correct the reference to Sec.
173.301(l) to read Sec. 171.23(a)(4).
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.
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
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
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.
[[Page 53596]]
49 CFR Part 176
Hazardous materials transportation, Segregation, Handling and
stowage, Maritime carriers.
49 CFR Part 177
Hazardous materials transportation, Loading and unloading,
Segregation and separation.
49 CFR Part 179
Hazardous materials transportation, Rail car specifications.
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 continues to read as follows:
Authority: 49 U.S.C. 5101-5129, 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.
Sec. 107.117 [Amended]
0
2. In Sec. 107.117, in paragraph (d)(3), the phone number ``202-366-
6121'' is removed and the phone number ``202-385-2400'' is added in its
place.
Sec. 107.329 [Amended]
0
3. In Sec. 107.329, in paragraphs (a) and (b), the figure ``$275'' is
removed and the figure ``$250'' is added in its place.
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.
Sec. 171.1 [Amended]
0
5. In Sec. 171.1, in paragraph (g), the wording ``$275'' is removed
and the wording ``$250'' is added.
0
6. In Sec. 171.6, the table in paragraph (b)(2) is amended by revising
the entries for ``2137-0022'' and ``2137-0572'' to read as follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table.
------------------------------------------------------------------------
Title 49 CFR part or
section where
Current OMB control No. Title identified and
described
------------------------------------------------------------------------
* * * * * * *
2137-0022..................... Testing, Sec. Sec. 173.5b,
Inspection, and 173.302a, 173.303,
Marking 173.304, 173.309,
Requirements for 178.2, 178.3,
Cylinders. 178.35, 178.44,
178.45, 178.46,
178.57, 178.59,
178.60, 178.61,
178.68, 180.205,
180.207, 180.209,
180.211, 180.213,
180.215, 180.217,
Appendix C to Part
180.
* * * * * * *
2137-0572..................... Testing Sec. Sec. 173.168,
requirements for 178.2, 178.601,
non-bulk Appendix C to Part
packages. 178, Appendix D to
Part 178.
------------------------------------------------------------------------
Sec. 171.7 [Amended]
0
7. In the table in paragraph (b) of Sec. 171.7, the entry ``Compressed
Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia
20151, CGA C-1.1, Personnel Training and Certification Guidelines for
Cylinder Requalification By the Volumetric Expansion Method, 2004,
First Edition'' is removed.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
8. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.
0
9. In Sec. 172.101, in the Hazardous Materials Table, the entry for
``Helium, compressed'' is revised to read as follows.
* * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
Hazardous materials Hazard Special -------------------------------- Sec. Sec. 173.27 and ----------------------
Symbols descriptions and proper class or Identification PG Label codes provisions -------------175.75)------------
shipping names division Nos. (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
172.102) aircraft/rail only
(1) (2)..................... (3) (4).............. (5) (6)........... (7) (8A) (8B) (8C) (9A).......... (9B).......... (10A)......... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Helium, compressed...... 2.2 UN1046........... ...... 2.2........... .......... 306 302 302, 314 75 kg......... 150 kg........ A............. 85
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
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10. In Sec. 172.604, as amended October 19, 2009, at 74 FR 53422,
effective November 18, 2009, and delayed until October 1, 2010, at 74
FR 54489, October 22, 2009, paragraphs (b)(1) and (b)(2) are revised to
read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(b) * * *
(1) The number of the person offering the hazardous material for
transportation when that person is also the emergency response
information provider (ERI provider). The name of
[[Page 53597]]
the person, or contract number or other unique identifier assigned by
an ERI provider, identified with the emergency response telephone
number must be entered on the shipping paper immediately before, after,
above, or below the emergency response telephone number unless the name
is entered elsewhere on the shipping paper in a prominent, readily
identifiable, and clearly visible manner that allows the information to
be easily and quickly found; or
(2) The number of an agency or organization capable of, and
accepting responsibility for, providing the detailed information
required by paragraph (a)(2) of this section. The person who is
registered with the ERI provider must ensure that the agency or
organization has received current information on the material before it
is offered for transportation. The person who is registered with the
ERI provider must be identified by name, or contract number or other
unique identifier assigned by the ERI provider, on the shipping paper
immediately before, after, above, or below the emergency response
telephone number in a prominent, readily identifiable, and clearly
visible manner that allows the information to be easily and quickly
found, unless the name or identifier is entered elsewhere in a
prominent manner as provided in paragraph (b)(1) of this section.
* * * * *
0
11. In Sec. 172.800, paragraphs (b)(2), (7), and (9), as amended March
9, 2010, at 75 FR 10988, effective October 1, 2010, are revised to read
as follows:
Sec. 172.800 Purpose and applicability.
* * * * *
(b) * * *
(2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring
placarding in accordance with subpart F of this part;
* * * * *
(7) A quantity of desensitized explosives meeting the definition of
Division 4.1 or Class 3 material requiring placarding in accordance
with subpart F of this part;
* * * * *
(9) A quantity of a Division 4.3 material requiring placarding in
accordance with subpart F of this part;
* * * * *
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. 173.27, paragraph (f) introductory text is revised to read
as follows:
Sec. 173.27 General requirements for transportation by aircraft.
* * * * *
(f) Combination packaging. Unless otherwise specified in this part,
or in Sec. 171.22 of this subchapter, when combination packaging are
offered for transportation aboard aircraft, inner packaging must
conform to the quantity limitations set forth in table 1 of this
paragraph for transport aboard passenger-carrying aircraft and table 2
of this paragraph for transport aboard cargo aircraft only, as follows:
* * * * *
0
14. In Sec. 173.171, the introductory text is revised to read as
follows:
Sec. 173.171 Smokeless powder for small arms.
Smokeless powder for small arms which has been classed in Division
1.3 may be reclassed in Division 4.1, for domestic transportation by
motor vehicle, rail car, vessel, or cargo-only aircraft, subject to the
following conditions:
* * * * *
Sec. 173.314 [Amended]
0
15. In Sec. 173.314, in the table in paragraph (c), in column 1, the
entries for ``Hydrogen Sulphide'' and ``Hydrogen sulphide, liquefied''
are removed and ``Hydrogen sulfide'' and ``Hydrogen sulfide,
liquefied'' are added in their place; and in column 2 of the table, for
the entry ``Chlorine'', the reference to ``Notes 6, 13'' is removed and
the reference ``Note 6'' is added in its place.
PART 176--CARRIAGE BY VESSEL
0
16. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR part 1.53.
Sec. 176.54 [Amended]
0
17. In Sec. 176.54, in paragraph (b)(1), the reference ``33 CFR
126.15(c)'' is removed and the reference ``33 CFR 126.30'' is added.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
18. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
0
19. In Sec. 177.843, paragraph (a) is revised to read as follows:
Sec. 177.843 Contamination of vehicles.
(a) Each motor vehicle used for transporting Class 7 (radioactive)
materials under exclusive use conditions in accordance with Sec.
173.427(b)(4) or (c) or Sec. 173.443(c) of this subchapter must be
surveyed with radiation detection instruments after each use. A vehicle
may not be returned to service until the radiation dose rate at every
accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less
and the removable (non-fixed) radioactive surface contamination is not
greater than the level prescribed in Sec. 173.443(a) of this
subchapter.
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
20. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
0
21. In Appendix B to Part 179, paragraph 2. a. (1) is revised to read
as follows:
Appendix B to Part 179, Procedures for Simulated Pool and Torch Fire
Testing
* * * * *
2. Simulated pool fire test.
a. * * *
(1) The source of the simulated pool fire must be hydrocarbon
fuel with a flame temperature of 871 [deg]C (1600 [deg]F) plus-or-
minus 55.6 [deg]C (132.08 [deg]F), throughout the duration of the
test.
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. 180.205, paragraph (g)(6) is revised to read as follows:
Sec. 180.205 General requirements for requalification of
specification cylinders.
* * * * *
(g) * * *
(6) Training materials may be used for training persons who
requalify cylinders using the volumetric expansion test method.
* * * * *
0
24. In Sec. 180.213, paragraph (d)(2) is revised to read as follows:
Sec. 180.213 Requalification markings.
* * * * *
(d) * * *
(2) Exception. A cylinder subject to the requirements of Sec.
171.23(a)(4) of this
[[Page 53598]]
subchapter may not be marked with a RIN.
* * * * *
Issued in Washington, DC, on August 26, 2010 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2010-21759 Filed 8-31-10; 8:45 am]
BILLING CODE 4910-60-P
