Hazardous Materials: Minor Editorial Corrections and Clarifications, 56304-56318 [2011-23167]
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Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
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[FR Doc. 2011–23267 Filed 9–12–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 105, 106, 107, 130, 171,
172, 173, 174, 176, and 177
[Docket No. PHMSA–2011–0134 (HM–244D)]
RIN 2137–AE77
Hazardous Materials: Minor Editorial
Corrections and Clarifications
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
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AGENCY:
This final rule corrects
editorial errors, makes minor regulatory
changes and, in response to requests for
clarification, improves the clarity of
SUMMARY:
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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: September 13,
2011.
FOR FURTHER INFORMATION CONTACT: Rob
Benedict, Standards and Rulemaking
Division, 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
errors, outdated addresses or other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,
inadvertent omissions of information
and outdated transition dates. Because
these amendments do not impose new
requirements, notice and public
comment are unnecessary. By making
these amendments effective without the
customary 30-day delay following
publication, the changes will appear in
the next published revision of the 49
CFR.
II. Section-by-Section Review
The following is a section-by-section
summary of the minor editorial
corrections and clarifications made in
this final rule. PHMSA’s Office of
Hazardous Materials Safety (OHMS)
recently underwent an internal
reorganization of the divisions that
constitute OHMS. As a result of this
reorganization, there were several
structural changes and re-designations.
Therefore, in addition to the minor
editorial corrections and clarifications
made in this final rule, we are also
revising all outdated references to
divisions that underwent a change in
name designation. Specifically, we are
revising all outdated references to the
‘‘Office of Hazardous Materials
Standards’’ and are replacing them with
‘‘Standards and Rulemaking Division.’’
We are revising all outdated references
to the ‘‘Office of Special Permits and
Approvals’’ and replacing them with
‘‘Approvals and Permits Division.’’ And
we are revising all outdated references
to the ‘‘Office of Hazardous Materials
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Enforcement’’ and replacing them with
‘‘Field Operations.’’
Part 105
Section 105.20
This section specifies conditions and
procedures for requesting guidance and
interpretations of the HMR. In this
section, we are revising an outdated
reference to the ‘‘Office of Hazardous
Materials Standards’’ and are replacing
it with ‘‘Standards and Rulemaking
Division.’’ This change reflects the name
change resulting from PHMSA’s
reorganization.
Section 105.25
This section specifies the requirement
for PHMSA to make certain documents
and information available to the public.
In this section, we are revising an
outdated reference to the ‘‘Office of
Special Permits and Approvals’’ and
replacing it with ‘‘Approvals and
Permits Division.’’ This change reflects
the name change resulting from
PHMSA’s reorganization.
Section 105.40
This section specifies requirements
for designated agents for non-residents.
In this section, we are revising an
outdated reference to the ‘‘Office of
Special Permits and Approvals’’ and
replacing it with ‘‘Approvals and
Permits Division.’’ This change reflects
the name change resulting from
PHMSA’s reorganization.
Part 106
Section 106.95
This section specifies conditions and
procedures to request a change to the
regulations. In this section, we are
revising an outdated reference to the
‘‘Office of Hazardous Materials
Standards’’ and replacing it with
‘‘Standards and Rulemaking Division.’’
This change reflects the name change
resulting from PHMSA’s reorganization.
Part 107
Section 107.105
This section specifies conditions and
procedures for an application for a
special permit. The e-mail address for
the Approvals and Permits Division in
paragraph (a)(1)(iii) is no longer correct.
Accordingly, we are revising this e-mail
address. Also, we are adding ‘‘other
ranking official’’ to the language in
paragraph (a)(2). This language was
inadvertently omitted from the final rule
published on July 26, 2011 under
Docket Number PHMSA–2009–0410
(HM–233B) (76 FR 44496) entitled
‘‘Revisions of Special Permits
Procedures; Response to Appeals;
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Corrections.’’ This language was
discussed and accepted in the preamble
of that final rule, but was inadvertently
omitted in the regulatory text.
Section 107.107
This section specifies conditions and
procedures for an application for party
status to a special permit. The e-mail
address for the Approvals and Permits
Division in paragraph (b)(1)(iii) is no
longer correct. Accordingly, we are
revising this e-mail address.
Section 107.109
This section specifies conditions and
procedures for an application for a
renewal of a special permit. The e-mail
address for the Approvals and Permits
Division in paragraph (b)(1)(iii) is no
longer correct. Accordingly, we are
revising this e-mail address.
Section 107.127
This section specifies conditions for
the availability of documents for public
inspection. In paragraph (a), we are
revising an outdated reference to the
‘‘Office of Special Permits and
Approvals’’ and replacing it with
‘‘Approvals and Permits Division.’’ This
change reflects the name change
resulting from PHMSA’s reorganization.
Section 107.305
This section specifies the general
requirements for investigations and
inspections. In paragraph (b)(4), we are
revising an outdated reference to the
‘‘Office of Hazardous Materials
Enforcement’’ and replacing it with
‘‘Field Operations.’’ This change reflects
the name change resulting from
PHMSA’s reorganization.
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Section 107.608
This section specifies the general
registration requirements. As part of the
registration process, persons meeting
the applicability requirements of
§ 107.601 must submit a DOT Form F
5800.2 to the Grants and Registrations
Branch of the Outreach, Training and
Grants Division of PHMSA. Paragraph
(d) of this section provides information
on how to obtain copies of DOT form F
5800.2. The branch routing symbol,
phone number and the Web address for
the grants and registration branch in
paragraph (d) are no longer correct.
Accordingly, we are revising the routing
symbol, phone number and the Web
address.
via mail or the internet. The mailing
address and the Web address for the
payments in paragraph (a) are no longer
correct. Accordingly, we are revising the
mailing and Web addresses.
Section 107.805
On December 9, 2005, PHMSA
published a final rule under Docket
Number PHMSA–2005–22208 (HM–
240) [70 FR 73156] entitled,
‘‘Incorporation of Statutorily Mandated
Revisions to the Hazardous Materials
Regulations.’’ This final rule revised
terminology, definitions, and
requirements for consistency with the
Hazardous Materials Safety and Security
Reauthorization Act of 2005. As part of
this final rule, paragraph (f) of § 107.805
was revised and a transitional provision
stating ‘‘after May 31, 2004, no person
may requalify a DOT specification or
special permit cylinder in accordance
with § 180.209(g) of this chapter unless
that person has been issued a RIN as
provided in paragraph (d) of this
section’’ was added. In this final rule,
we are removing the language ‘‘after
May 31, 2004’’ since the transition date
is no longer relevant.
Part 130
Section 130.31
On June 17, 1996, the Research and
Special Programs (RSPA), the
predecessor agency to PHMSA, issued a
final rule under Docket Numbers HM–
214 and PC–1, entitled ‘‘Oil Spill
Prevention and Response Plans.’’ This
final rule adopted requirements for
packaging, communication, spill
response planning and response plan
implementation intended to prevent and
contain spills of oil during
transportation. As part of this final rule,
a new section, § 130.31 was added to
prescribe the requirements for oil spill
response plans. This section contains
transition dates which are no longer
valid. In this final rule, we are removing
the language ‘‘After September 30,
1993’’ from paragraph (a) and ‘‘After
February 19, 1993’’ from paragraph (b)
since the transition dates are no longer
necessary.
Part 171
Section 107.616
Part 171.7
Paragraph (a) of § 171.7 lists materials
incorporated by reference into the HMR.
In paragraph (a)(3), we are correcting the
mailing address for the National Fire
Protection Association.
This section details the payment
procedures for the registration program.
Paragraph (a) of this section provides
information on how to submit payments
Part 171.16
This section contains the
requirements for detailed hazardous
materials incident reports. In paragraph
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(b), we are revising the mailing address,
routing number and administration
name.
Part 171.22
This section prescribes the
authorization and conditions for use of
international standards and regulations.
On May 3, 2007, PHMSA issued a final
rule under Docket Number PHMSA–
2005–23141 (HM–215F) [72 FR 25162],
entitled ‘‘Hazardous Materials: Revision
and Reformatting of Requirements for
the Authorization to Use International
Transport Standards and Regulations.’’
This final rule revised and consolidated
the requirements applicable to the use
of authorized international standards.
Among the proposals adopted in this
final rule was the requirement for an
international shipper, directly or
through the forwarding agent at the
place of entry, to provide the initial U.S.
carrier with the shipper’s certification
required by § 172.204 of the HMR,
unless the shipment is otherwise
excepted from the certification
requirement. This section contains a
transition date for this requirement
which has since expired. In this final
rule, we are removing the language
‘‘After May 4, 2009’’ from paragraph
(f)(2) since the transition date is no
longer necessary.
Section 171.23
This section prescribes requirements
for specific materials and packagings
transported under the ICAO Technical
Instructions, IMDG Code, Transport
Canada TDG Regulations or the IAEA
Regulations. In paragraph (a)(4)(ii), the
word ‘‘density’’ is misspelled as
‘‘ensity.’’ In this rule, we are correcting
this error.
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 accordance with § 173.115(k)(6),
when the contents of an aerosol are
classified as Division 6.1, PG III or Class
8, PG II or III, the aerosol must be
assigned a subsidiary hazard of Division
6.1 or Class 8, as appropriate. Currently,
the entry in the HMT for aerosols with
a subsidiary hazard of corrosive is
specified with the proper shipping
name ‘‘Aerosols, corrosive, Packing
Group II or III, (each not exceeding 1 L
capacity) UN1950.’’ This proper
shipping name limits this entry to PG II
and III in accordance with
§ 173.115(k)(6). To clarify that aerosols
with a subsidiary hazard of poison may
only be PG III, in this rule the entry in
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the HMT for Aerosols, poison is revised
to read Aerosols, poison, Packing Group
III (each not exceeding 1 L capacity.) We
are also revising the proper shipping
name for Aerosols, poison, (each not
exceeding 1 L capacity) to include a
reference to the PG III limitation
specified in § 173.115(k)(6).
Some of the information for the entry
‘‘Argon, compressed UN1006’’ in the
HMT, while correct, was reported under
incorrect columns of the HMT. In this
final rule, we are revising the entry
‘‘Argon, compressed UN1006’’ by
correcting the information reported in
columns 5, 6, 7, 8a, 8b, 8c, 9a, 9b, 10a
and 10b.
The entire entry for ‘‘Helium,
compressed UN 1046’’ is italicized in
the HMT. This is incorrect. In this final
rule, we are revising the entry ‘‘Helium,
compressed UN1046’’ to read ‘‘Helium,
compressed UN1046.’’
For the entry, ‘‘Hydrogen iodide,
anhydrous UN2197,’’ some of the
information in the HMT, while correct,
was listed under the incorrect columns.
In this final rule, we are revising the
entry ‘‘Hydrogen iodide, anhydrous
UN2197’’ by correcting the information
reported in columns 5, 6, 7, 8a, 8b, 8c,
9a and 9b.
For the entry, ‘‘Oxidizing solid, waterreactive, n.o.s. UN3121,’’ some of the
information in the HMT, while correct,
was listed under the incorrect columns.
In this final rule, we are revising the
entry ‘‘Oxidizing solid, water-reactive,
n.o.s. UN3121’’ by correcting the
information reported in columns 5, 6, 7,
8a, 8b, 8c, 9a, 9b, 10a and 10b.
The entry for ‘‘PCB, see
Polychlorinated biphenyls’’
inadvertently included an ‘‘A’’ and ‘‘W’’
in column 1 of the HMT.
Polychlorinated biphenyls are intended
to be regulated by all modes. In this
final rule, we are revising the entry
‘‘PCB, see Polychlorinated biphenyls’’
by removing the information in the first
column of the HMT for this entry.
On March 9, 1999, PHMSA published
a final rule under Docket Number RSPA
98–4185 (HM–215C) [64 FR 10742],
entitled ‘‘Harmonization with the
United Nations Recommendations,
International Maritime Dangerous
Goods Code, and International Civil
Aviation Organization’s Technical
Instructions.’’ In the HM–215C final
rule, three entries were added for
‘‘Pyrethroid pesticide, liquid toxic, 6.1,
UN3352.’’ These entries for Pyrethroid
pesticide, liquid toxic, 6.1, UN3352
inadvertently referenced packagings
designed for solids. In this final rule, we
are correcting the authorized packaging
references in columns 8B and 8C to
reference packaging authorized for
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liquid hazardous materials to be
consistent with the liquid state of this
material.
On December 29, 2006, PHMSA
published a final rule under Docket
Number PHMSA–2006–25476 (HM–
215I) [71 FR 78596], entitled
‘‘Harmonization with the United
Nations Recommendations,
International Maritime Dangerous
Goods Code, and International Civil
Aviation Organization’s Technical
Instructions.’’ The HM–215I final rule
revised the HMR to maintain alignment
with international standards by
incorporating various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements. These revisions also
harmonized the HMR with certain
changes to the International Maritime
Dangerous Goods (IMDG) Code, the
International Civil Aviation
Organization (ICAO) Technical
Instructions, and the United Nations
(UN) Recommendations. As part of the
revisions in this final rule, new entries,
‘‘Paint related material, flammable,
corrosive (including paint thinning or
reducing compound ),’’ UN3469, PG I, II,
and III were added to the HMT.
However, these entries were never
published in subsequent versions of the
HMR. Therefore, in this final rule, we
are correcting the HMT by adding the
entries for ‘‘Paint related material,
flammable, corrosive (including paint
thinning or reducing compound )’’
UN3469, PG I, II, and III.
Section 172.301
This section prescribes the general
marking requirements for non-bulk
packagings. Paragraph (f) of this section
contains a requirement to mark NON–
ODORIZED on cylinders containing
Liquid Petroleum Gases. This
requirement was added to the
regulations in the November 4, 2004
final rule under Docket Number RSPA–
03–15327 (HM–206B) [69 FR 64462]
entitled ‘‘Miscellaneous Changes to the
Hazard Communication Requirements.’’
As part of this requirement a transition
date was included. In this final rule, we
are removing the language ‘‘After
September 30, 2006,’’ from paragraph (f)
since the transition date is no longer
relevant.
Section 172.323
This section prescribes the
requirements for marking a bulk
packaging containing a regulated
medical waste. Paragraph (a) of this
section requires a bulk packaging to be
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marked with a BIOHAZARD marking
conforming to 29 CFR
1910.1030(g)(1)(i). This requirement was
codified into the regulations in a final
rule published in the Federal Register
on August 14, 2002, under Docket
Number RSPA–98–3971 (HM–226) [67
FR 53118], entitled ‘‘Revision to
Standards for Infectious Substances.’’ A
transition date was included as part of
this requirement. In this final rule, we
are removing the language ‘‘after
September 30, 2003,’’ from paragraph (f)
since the transition date is no longer
relevant.
Section 172.400a
This section provides exceptions from
the labeling requirements for certain
hazardous materials. In the final rule,
published May 3, 2007, under Docket
Number PHMSA–2005–23141 (HM–
215F) [72 FR 25162], entitled ‘‘Revision
and Reformatting of Requirements for
the Authorization to Use International
Transport Standards and Regulations,’’
the exceptions for labeling were revised.
As part of this revision, an incorrect
section was inadvertently referenced for
Poison by Inhalation (PIH) materials.
Specifically, § 172.400a(d) incorrectly
references § 171.23(b)(11) which
addresses radioactive materials, instead
of PIH materials. Therefore, in this final
rule, we are revising paragraph (d) to
replace the reference to
‘‘§ 171.23(b)(11)’’ with a reference to
‘‘§ 171.23(b)(10).’’
Section 172.402
This section prescribes requirements
for general specifications for labels. In
this final rule, we are removing
language from paragraph (b) that is past
its transition date. Specifically, the
sentence ‘‘A subsidiary label meeting
the specifications of this section which
were in effect on September 30, 2001,
such as, a label without the hazard class
or division number displayed in the
lower corner of the label, may continue
to be used as a subsidiary label in
domestic transportation by rail or
highway until October 1, 2005, provided
the color tolerances are maintained and
are in accordance with the display
requirements in this subchapter.’’ will
be removed because this allowance is no
longer permitted.
Section 172.432
This section prescribes requirements
for INFECTIOUS SUBSTANCE label. As
amended on July 20, 2011 in the final
rule published under Docket Number
PHMSA–2009–0151 (HM–218F) [76 FR
43510], entitled ‘‘Miscellaneous
Amendments’’ the INFECTIOUS
SUBSTANCE label specification was
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revised and a provision to use
previously authorized labels was
included. In this final rule PHMSA is
removing the wording ‘‘September 30,
2011’’ and adding the wording ‘‘August
18, 2011’’ in its place.
Section 172.446
This section prescribes requirements
for the CLASS 9 label. As amended on
July 20, 2011 in the final rule published
under Docket Number PHMSA–2009–
0151 (HM–218F) [76 FR 43510], entitled
‘‘Miscellaneous Amendments’’ the
CLASS 9 label specification was
updated and a provision to use
previously authorized labels was
included. In this final rule PHMSA is
removing the wording ‘‘September 30,
2011’’ and adding the wording ‘‘August
18, 2011’’ in its place.
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Section 172.512
This section prescribes requirements
for placarding freight containers and
aircraft unit load devices. In this final
rule, we are re-designating the
subparagraphs of paragraph (b) to clarify
how freight containers and unit load
devices are regulated differently by air
transport and other modes. This
clarification separates the requirements
for freight containers and unit load
devices with a capacity less than 18 m3
(640 cubic feet) transported by aircraft
and by all other modes into separate
subparagraphs.
Section 172.519
This section prescribes requirements
for general specifications for placards.
In this final rule, we are removing
language from paragraph (b)(4) that is
past its transition date. Specifically, the
sentence ‘‘Stocks of non-permanently
affixed subsidiary placards in
compliance with the requirements in
effect on September 30, 2001, may
continue to be used in domestic
transportation by rail or highway until
October 1, 2005, or until current stocks
are depleted, whichever occurs first.’’
will be removed because this allowance
is not longer permitted.
A final rule published May 3, 2007
under Docket Number PHMSA–2005–
23141 (HM–215F) [72 FR 25162],
entitled ‘‘Revision and Reformatting of
Requirements for the Authorization to
Use International Transport Standards
and Regulations,’’ included an incorrect
reference in § 172.519(f). In this rule, we
are correcting § 172.519(f) to provide the
correct reference for Poison by
Inhalation (PIH) materials. With regard
to PIH materials, this section incorrectly
references § 171.23(b)(11) which
pertains to radioactive materials instead
of PIH materials. Therefore, in this final
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rule we are revising paragraph (f) to
replace the reference to
‘‘§ 171.23(b)(11)’’ with a reference to
‘‘§ 171.23(b)(10).’’
rulemaking, we are removing the
transitional language from paragraph (f).
Section 172.704
This section prescribes the training
requirements for hazardous materials
employees. Paragraph (a)(4) of this
section details the requirements for the
security awareness training component
of the training requirements. This
requirement was codified into the
regulations on March 25, 2003, in a final
rule published in the Federal Register
under Docket Number RSPA–2002–
12064 (HM–232) [68 FR 14510], entitled
‘‘Security Requirements for Offerors and
Transporters of Hazardous Materials.’’
As part of this requirement, a transition
date of ‘‘No later than the date of the
first scheduled recurrent training after
March 25, 2003, and in no case later
than March 24, 2006’’ was included. In
this final rule, we are removing the
transition language from paragraph
(a)(4) since the transition dates are no
longer relevant.
Section 173.8
Section 172.800
This section prescribes the
requirements for development and
implementation of plans to address
security risks related to the
transportation of hazardous materials in
commerce. In this final rule, we are
removing the second occurrence of the
word ‘‘as’’ in paragraph (b)(15) to clarify
that this requirement specifically refers
to the 16 radioactive materials that the
NRC identified as RAM–QC.
Section 172.820
This section specifies additional
security planning requirements for
transportation by rail. Paragraph (b) of
§ 172.820 details the requirements for
compiling commodity data for rail
carriers transporting certain shipments
of explosive, toxic by inhalation, and
radioactive materials. As part of the
implementation plan for this
requirement, a transitional provision
was included addressing how to
compile commodity data. This
transitional provision has expired.
Therefore, in this rulemaking, we are
removing the transitional language from
paragraph (b).
Paragraph (f) of this section details the
requirements for completing the route
analysis for rail carriers transporting
certain shipments of explosive, toxic by
inhalation, and radioactive materials. As
part of the implementation plan for this
requirement, a series of transition dates
were included regarding the completion
of the route analysis. These transition
dates have expired. Therefore, in this
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Part 173
This section provides exceptions for
non-specification packagings used in
intrastate transportation. Paragraph
(d)(6) of § 173.8, includes a transition
date to require that tanks authorized
under § 173.8 would have to meet the
Part 180 requirements (except for
§ 180.405(g)) in the same manner as
required for DOT MC 306 cargo tank
motor vehicles after of July 1, 2000. In
this final rule, we are removing this
transition date because it has expired.
Section 173.12
This section provides exceptions for
shipments of waste materials, and
contains two separate paragraphs with
the designation ‘‘(f).’’ The second
appearance of paragraph (f), entitled
‘‘Household waste’’ is a verbatim
duplicate of paragraph (g), and, thus,
unnecessary. Therefore, in this
rulemaking, we are removing the second
paragraph (f) entitled ‘‘Household
waste’’ and the associated text.
Section 173.22a
This section prescribes the
requirements for use of packagings
authorized under special permits. The
Web address where copies of special
permits may be obtained in paragraph
(b) is no longer correct. Accordingly, we
are revising this Web address in this
final rule.
Section 173.24b
This section prescribes the additional
general requirements for bulk
packagings. In paragraph (e) of this
section, the phrase ‘‘Stacking of IBCs
and Large Packagings’’ is the title of
paragraph (e) and should be italicized.
In this final rule we are correcting this
error by italicizing the title.
Section 173.52
This section details the classification
codes and compatibility groups for
explosives. Paragraph (b) of this section
provides two tables that detail the
classification and compatibility scheme
for explosive materials. Table 2 shows
the number of classification codes that
are possible within each explosive
division. In the first column of the last
row, ‘‘1.6’’ was inadvertently added,
leading to some confusion with the
Table. For clarification, in this rule,
‘‘1.6’’ will be replaced by the word
‘‘Total’’ in the first column of the last
row to ensure reader ease of use.
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Section 173.57
This section prescribes the acceptance
criteria for new explosives. In paragraph
(c)(1) of this section we are correcting a
grammatical error by adding the correct
punctuation.
subchapter. Therefore, in this final rule,
we are revising the wording
‘‘requirements of parts 170–189 of this
subchapter.’’ to correctly read
‘‘requirements of parts 171–185 of this
subchapter.’’
Section 173.58
This section prescribes the
assignment of class and division for new
explosives. In paragraph (b) of this
section, the phrase ‘‘Division 1.5
explosive’’ is the title of paragraph (b)
and should be italicized. In this final
rule, we will correct this error by
italicizing the title.
Section 173.168
This section prescribes requirements
for chemical oxygen generators
including their packaging requirements.
In this rulemaking, we are removing an
outdated transition date specific to the
implementation of the requirements for
outer packaging of chemical oxygen
generators to meet flame penetration
and thermal resistance requirements
when transported aboard an aircraft.
Specifically, we are revising paragraph
(d)(2) by removing the language ‘‘After
September 30, 2009’’ since the
transitional provision is no longer
relevant and all chemical oxygen
generators must meet flame penetration
and thermal resistance requirements
when transported aboard an aircraft.
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Section 173.62
This section prescribes the specific
packaging requirements for explosives.
In packaging instruction 130, we
inadvertently removed the authorization
for the use of the following
packagings—aluminum boxes (4B) and
natural wood, sift-proof walls boxes
(4C2). In this final rule, we are revising
the packaging instruction 130 found in
the Table of Packing Methods in
paragraph (c)(5) to reinstate aluminum
boxes (4B) and natural wood, sift-proof
walls boxes (4C2) as authorized
packagings.
In addition, in packaging instruction
132(a) the word ‘‘contian’’ is spelled
incorrectly. In this final rule we are
correcting the spelling.
Section 173.115
This section prescribes the definition
for Class 2 materials. Paragraph (a)(2)
describes the flammable range of
compressed gases and states that the
flammability of aerosols is determined
by tests specified in § 173.115(k). This
reference is incorrect. The correct
reference should be § 173.115 (l).
Therefore, in paragraph (a)(2), the
reference to ‘‘§ 173.115(k)’’ is corrected
to read ‘‘§ 173.115(l).’’
In addition, paragraph (l)(3) states
‘‘Aerosols not meeting the provisions of
paragraphs (a) or (b) of this section must
be classed in accordance with the
appropriate tests of the UN Manual of
Tests and Criteria (IBR, see § 171.7 of
this subchapter).’’ The requirements for
classification of aerosols are found in
paragraph (l)(1) and (l)(2); thus, the
references to paragraphs (a) and (b) are
no longer accurate. Therefore, in
paragraph (l)(3), the reference to
paragraphs ‘‘(a) or (b)’’ are corrected to
read ‘‘(l)(1) or (l)(2).’’
Section 173.120
This section prescribes the definition
for Class 3 materials. In paragraph (d),
the current requirements inadvertently
reference incorrect parts of the
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Section 173.301
This section prescribes general
requirements for shipment of
compressed gases and other hazardous
materials in cylinders, UN pressure
receptacles and spherical vessels.
Paragraph (f) prescribes the
requirements for pressure relief devices.
In this final rule, we are revising
paragraph (f)(2) by removing the
outdated transitional language ‘‘After
December 31, 2003’’ since this
transitional provision is no longer
relevant.
In addition, in this section the last
paragraph is inadvertently designated at
paragraph (o). In this final rule, we are
correcting paragraph (o) to read
paragraph (l). The title and text of the
paragraph remains unchanged.
Section 173.301a
This section prescribes additional
general requirements for shipment of
specification cylinders. Paragraph (d)
describes the pressure requirements for
filling of cylinders at 55° C (131° F). In
this final rule, we are revising paragraph
(d)(3) by removing the outdated
transitional language ‘‘after December
31, 2003’’ since this transitional
provision is no longer relevant.
Section 173.302
This section prescribes the
requirements for the filling of cylinders
with non-liquefied compressed gas.
Compressed oxygen and oxidizing gas
transported by aircraft are required to be
placed in outer packagings that meet
flame penetration and thermal
resistance requirements when
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transported aboard an aircraft. In this
rulemaking, we are removing all
references to outdated transitional dates
specific to the implementation of the
requirements for the outer packaging
containing a chemical oxygen generator.
Specifically, we are revising paragraphs
(f)(3)(ii) and (f)(4) by removing the
language ‘‘After September 30, 2009’’
since the transitional provision is no
longer relevant.
Section 173.304
This section prescribes the
requirements for the filling of cylinders
with liquefied compressed gas. As
described above, oxidizing gas
transported by aircraft are required to be
placed in outer packagings that meet
flame penetration and thermal
resistance requirements when
transported aboard an aircraft. In this
rulemaking, we are removing all
references to outdated transition dates
specific to the implementation of the
requirements for the outer packaging
containing a oxidizing gas transported
by aircraft. Specifically, we are revising
paragraphs (f)(3)(ii) and (f)(4) by
removing the language ‘‘After
September 30, 2009’’ since the
transitional provision is no longer
relevant.
Section 173.306
Section 173.306 prescribes the
requirements for the shipment of
limited quantities of compressed gases.
Specifically, paragraph (a)(3) details the
requirements for metal aerosol
containers. As part of these
requirements, each container must be
subjected to a test performed in a hot
water bath. The intention of this
requirement is that the containers are
placed in the hot water bath after they
are filled with a nonpoisonous (other
than a Division 6.1 Packing Group III
material) liquid, paste or powder.
PHMSA recognizes that as currently
written, the requirement does not
clearly state when the hot water bath
must be conducted. Therefore, in this
rulemaking, we are clarifying this
requirement to specify that the hot
water bath must be conducted after each
container is filled.
Part 174
Section 174.104
This section prescribes the general
requirements for car selection,
preparation, inspection, and
certification of rail cars containing
Division 1.1 or 1.2 (explosive) materials.
We are revising paragraph (f) to remove
note 3, a reference to a transitional
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Section 177.848
provision, which expired on July 1,
1977 and is no longer needed.
Part 176
Section 176.77
This section prescribes requirements
for the stowage of barges containing
hazardous materials on board bargecarrying vessels. In this rulemaking, we
are removing the word ‘‘storage’’ in
paragraph (c), and replacing it with
‘‘stowage’’ to maintain consistency with
the other paragraphs in this section.
Section 176.137
This section prescribes the portable
magazine requirements for explosives
shipped by vessel. In this rulemaking,
we are correcting a typographical error
in paragraph (b). Specifically, the text
‘‘27 CFR part 55 subpart K’’ will be
corrected to read ‘‘27 CFR part 555
subpart K.’’
Part 177
Section 177.834
This section prescribes the general
requirements loading and unloading of
motor vehicles. We are revising
paragraph (o)(3) to remove a reference to
a transitional provision which expired
on October 1, 2004 and is no longer
relevant. In addition, we are removing
paragraph (o)(4) because it also
references to a transitional provision
which expired on October 1, 2004 and
is also no longer necessary.
Section 177.835
This section prescribes the
requirements for shipment of Class 1
materials by ground. In paragraph (g)(3),
the wording ‘‘Department.’’ is removed
and the wording ‘‘Associate
Administrator.’’ is added to provide
more consistency throughout the HMR.
In paragraph (g)(3)(ii), the wording
‘‘Institute of Makers of Explosives’
Safety Library Publication No. 22’’ is
removed and the wording ‘‘IME
Standard 22’’ is added in its place to be
consistent with other references to the
same standard in the HMR.
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Section 177.840
This section prescribes the general
requirements for transporting Class 2
materials via highway. We are revising
paragraph (a)(1) to remove a reference to
a transitional provision which expired
on December 31, 2003 and is no longer
relevant. In addition, we are removing
language in paragraph (u) because it
references to a transitional provision
which expired on July 1, 2001 and is
also no longer needed.
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D. Executive Order 13175
This section prescribes the
segregation requirements of hazardous
materials. In paragraph (g)(3)(vi) we are
replacing the wording ‘‘Vehicle’’ with
the wording ‘‘Transport vehicle.’’ This
change codifies into the regulations
numerous long standing letters of
interpretation regarding the terminology
used in paragraph (g)(3)(vi).
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.
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, incorrect 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.
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E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
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. Executive Order 13563 Improving
Regulation and Regulatory Review
Executive Order 13563 is
supplemental to and reaffirms the
principles, structures, and definitions
governing regulatory review that were
established in Executive Order 12866
Regulatory Planning and Review of
September 30, 1993. In addition,
Executive Order 13563 specifically
requires agencies to: (1) Involve the
public in the regulatory process; (2)
promote simplification and
harmonization through interagency
coordination; (3) identify and consider
regulatory approaches that reduce
burden and maintain flexibility; (4)
ensure the objectivity of any scientific
or technological information used to
support regulatory action; consider how
to best promote retrospective analysis to
modify, streamline, expand, or repeal
existing rules that are outmoded,
ineffective, insufficient, or excessively
burdensome.
A complete review of the existing
HMR led to the identification of various
minor errors in the HMR. The errors
identified have no effect on the intent or
meaning of the regulations. The
correction of these errors will clarify
current text while maintaining the
intent of the regulations affected. This
final rule is designed to address those
errors by making non-substantive
changes to the HMR such as editorial
changes, spelling corrections, removal
of transitional requirements that are no
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Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
longer applicable and formatting
modifications. This final rule corrects
these errors but does not require the
application of Executive Order 13563.
The final rule does however clarify the
regulatory text thus improving the
regulations.
G. 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.
H. Paperwork Reduction Act
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.
■
There are no environmental impacts
associated with this final rule.
Hazardous materials transportation,
Loading and Unloading, Segregation
and Separation.
In consideration of the foregoing, 49
CFR Chapter I is amended as follows:
PART 105—HAZARDOUS MATERIALS
PROGRAM DEFINITONS AND
GENERAL PROCEDURES
1. The authority citation for part 105
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5127; 49 CFR
1.53.
List of Subjects
§ 105.20
49 CFR Part 105
■
[Amended]
Administrative practice and
procedure, Hazardous materials
transportation.
2. In § 105.20, in paragraph (a)(4), the
wording ‘‘Office of Hazardous Materials
Standards’’ is removed and the wording
‘‘Standards and Rulemaking Division’’
is added in its place.
49 CFR Part 106
§ 105.25
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49 CFR Part 130
Oil pollution, Packaging and
containers, Reporting and recordkeeping
requirements, Transportation.
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Reporting and recordkeeping
requirements.
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[Amended]
3. In § 105.25, in paragraph (b)(2)(iv),
the wording ‘‘Office of Hazardous
Materials Special Permits and
Approvals’’ is removed and the wording
‘‘Approvals and Permits Division’’ is
added in its place.
■
Administrative practice and
procedure, Hazardous materials
transportation, Penalties, Reporting and
recordkeeping requirements.
7. The authority citation for part 107
continues to read as follows:
49 CFR Part 176
49 CFR Part 177
49 CFR Part 107
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
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.
I. Environmental Impact Analysis
Administrative practice and
procedure, Hazardous materials
transportation.
[Amended]
6. In § 106.95, in paragraph (a), the
wording ‘‘Office of Hazardous Materials
Standards’’ is removed and the wording
‘‘Standards and Rulemaking Division’’
is added in its place.
■
Hazardous materials transportation,
Radioactive materials, Rail carriers,
Railroad safety, Reporting and
recordkeeping requirements.
There are no new information
collection requirements in this final
rule.
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.
§ 106.95
■
49 CFR Part 174
Hazardous materials transportation,
Maritime carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
J. Regulation Identifier Number (RIN)
Authority: 49 U.S.C. 5101–5127; 49 CFR
1.53.
§ 105.40
[Amended]
4. In § 105.40, in paragraph (d), the
wording ‘‘Office of Hazardous Materials
Special Permits and Approvals’’ is
removed and the wording ‘‘Approvals
and Permits Division’’ is added in its
place.
■
PART 106—RULEMAKING
PROCEDURES
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§ 107.105
Application for Special Permit
(a) * * *
(2) The application must state the
name, mailing address, physical
address(es) of all known locations
where the special permit would be used,
e-mail address (if available), and
telephone number of the applicant. If
the applicant is not an individual, the
application must state the company
name, mailing address, physical
address(es) of all known locations
where the special permit would be used,
e-mail address (if available), and
telephone number of an individual
designated as the point of contact for the
applicant for all purposes related to the
application, the name of the company
Chief Executive Officer (CEO) or
president, or ranking officer; and the
Dun and Bradstreet Data Universal
Numbering System (D–U–N–S)
identifier.
*
*
*
*
*
§ 107.107
[Amended]
9. In § 107.107, in paragraph (b)(1)(iii),
the wording ‘‘Specialpermits@dot.gov’’
is removed and the wording
‘‘specialpermits@dot.gov’’ is added in
its place.
■
§ 107.109
[Amended]
10. In § 107.109, in paragraph
(a)(1)(iii), the wording
‘‘Specialpermits@dot.gov’’ is removed
and the wording
‘‘specialpermits@dot.gov’’ is added in
its place.
■
§ 107.127
5. The authority citation for part 106
continues to read as follows:
■
8. In § 107.105, in paragraph (a)(1)(iii),
the wording ‘‘Specialpermits@dot.gov’’
is removed and the wording
‘‘specialpermits@dot.gov’’ is added in
its place, and paragraph (a)(2) is revised
to read as follows.
[Amended]
11. In § 107.127, in paragraph (a), the
wording ‘‘Office of Hazardous Materials
■
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Special Permits and Approvals’’ is
removed and the wording ‘‘Approvals
and Permits Division’’ is added in its
place.
■
Transportation, Hazardous Materials
Registration, P.O. Box 530273, Atlanta,
GA 30353–0273, or submit the
statement and payment electronically
through the Department’s e-Commerce
Internet site. Access to this service is
provided at https://phmsa.dot.gov/
hazmat/registration. A registrant
required to file an amended registration
statement under § 107.608(c) must mail
it to the same address or submit it
through the same Internet site.
*
*
*
*
*
§ 107.608 General registration
requirements.
■
§ 107.305
[Amended]
12. In § 107.305, in paragraph (b)(4),
the wording ‘‘Office of Hazardous
Materials Enforcement’’ is removed and
the wording ‘‘Field Operations’’ is
added in its place.
■ 13. In § 107.608, paragraph (d) is
revised to read as follows.
*
*
*
*
*
(d) Copies of DOT Form F 5800.2 and
instructions for its completion may be
obtained from the Outreach, Training
and Grants Division, PHH–50, U.S.
Department of Transportation,
Washington, DC 20590–0001, by calling
202–366–4109, or via the Internet at
https://phmsa.dot.gov/hazmat/
registration.
*
*
*
*
*
■ 14. In § 107.616, paragraph (a) is
revised to read as follows.
(a) Each person subject to the
requirements of this subpart must mail
the registration statement and payment
in full to the U.S. Department of
[Amended]
17. In § 130.31, paragraphs (a)
introductory text and (b) introductory
text are revised to read as follows.
■
§ 130.31
Response plans.
15. In § 107.805, in paragraph (f), the
last sentence is revised to read as
follows.
(a) No person may transport oil
subject to this part unless that person
has a current basic written plan that:
*
*
*
*
*
(b) No person may transport an oil
subject to this part in a quantity greater
than 1,000 barrels (42,000 gallons)
unless that person has a current
comprehensive written plan that:
*
*
*
*
*
§ 107.805 Approval of cylinder and
pressure receptacle requalifiers.
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
*
*
*
*
*
(f) * * * No person may requalify a
DOT specification/special permit
cylinder in accordance with § 180.209(g)
of this chapter unless that person has
been issued a RIN as provided in
paragraph (d) of this section.
*
*
*
*
*
PART 130—OIL SPILL PREVENTION
AND RESPONSE PLANS
§ 107.616 General registration
requirements.
§ 130.31
16. The authority citation for part 130
continues to read as follows:
■
18. 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.
19. In § 171.7, in the table, in
paragraph (a)(3), in the first column, the
entry for ‘‘National Fire Protection
Association’’ is revised to read as
follows:.
■
§ 171.7
Reference material.
(a) * * *
(3) * * *
Authority: 33 U.S.C 1321; 49 CFR 1.53.
Source and name of material
49 CFR reference
*
*
*
*
*
*
National Fire Protection Association, 1 Batterymarch Park, Quincy, MA, 02169–7471 1–617–770–3000, https://
www.nfpa.org:
*
*
*
*
*
*
*
*
20. In § 171.16, paragraph (b)(1) is
revised to read as follows:
§ 171.16 Detailed hazardous materials
incident reports.
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*
*
*
*
(b) * * *
(1) Submit a written Hazardous
Materials Incident Report to the
Information Systems Manager, PHH–60,
Pipeline and Hazardous Materials Safety
Administration, Department of
Transportation, East Building, 1200
New Jersey Ave., SE., Washington, DC
20590–0001, or an electronic Hazardous
Material Incident Report to the
Information System Manager, PHH–60,
Pipeline and Hazardous Materials Safety
Administration, Department of
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*
Transportation, Washington, DC 20590–
0001 at https://hazmat.dot.gov;
*
*
*
*
*
■ 21. In § 171.22, paragraph (f)(2) is
revised to read as follows:
■
*
*
§ 171.22 Authorization and conditions for
the use of international standards and
regulations.
*
*
*
*
*
(f) * * *
(2) The shipper, directly or through
the forwarding agent at the place of
entry, must provide the initial U.S.
carrier with the shipper’s certification
required by § 172.204 of this subchapter,
unless the shipment is otherwise
excepted from the certification
requirement. Except for shipments for
which the certification requirement
does not apply, a carrier may not accept
a hazardous material for transportation
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*
*
*
unless provided a shipper’s
certification.
*
*
*
*
*
22. In § 171.23, paragraph (a)(4)(ii) is
revised to read as follows:
■
§ 171.23 Requirements for specific
materials and packagings transported
under the ICAO Technical Instructions,
IMDG Code, Transport Canada TDG
Regulations, or the IAEA Regulations.
*
*
*
*
*
(a) * * *
(4) * * *
(ii) In addition to other requirements
of this subchapter, the maximum filling
density, service pressure, and pressure
relief drive for each cylinder conform to
the requirements of this part for the gas
involved; and
*
*
*
*
*
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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.
24. In § 172.101, in the Hazardous
Materials Table, the following entries
under ‘‘[REVISE]’’ are revised and the
entry under ‘‘[ADD]’’ is added to read as
follows:
■
§ 172.101 Purpose and use of hazardous
materials table.
*
*
*
23. The authority citation for part 172
continues to read as follows:
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■
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*
*
Hazardous materials descriptions
and proper shipping names
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G ...........
(1)
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13SER1
Paint related material,
flammable, corrosive
(including paint
thinning or reducing
compound).
[ADD]:
Pyrethroid pesticide, liquid toxic.
PCB, see Polychlorinated biphenyls.
Oxidizing solid, water
reactive, n.o.s..
Hydrogen iodide, anhydrous.
Helium, compressed .....
Argon, compressed .......
Aerosols, poison, Packing Group III (each
not exceeding 1 L capacity).
[REVISE]
(2)
Symbols
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
*
*
*
*
*
*
(3)
3
6.1
5.1
2.3
2.2
2.2
2.2
Hazard
class or
division
UN3469 ......
UN3352 ......
UN3121 ......
UN2197 ......
UN1046 ......
UN1006 ......
UN1950 ......
(4)
Identification
numbers
*
*
*
*
*
*
*
*
*
*
*
I ..............
6.1 .......................
III ............
*
*
3, 8 .....................
*
*
6.1 .......................
*
6.1 .......................
*
*
5.1, 4.3 ...............
*
2.3, 8 ..................
*
2.2 .......................
*
2.2 .......................
*
2.2, 6.1 ...............
(6)
Label Codes
II .............
I ..............
.................
.................
.................
.................
.................
(5)
PG
*
*
T11, TP2, TP27
*
*
IB2, T11, TP2,
TP27.
IB3, T7, TP2,
TP28.
*
T14, TP2,
TP13, TP27.
*
*
62 ....................
*
3, B14, N86,
N89.
*
.........................
*
.........................
*
.........................
(7)
Special
provisions
(§ 172.102)
*
*
None .........
*
153 ...........
*
153 ...........
*
None .........
*
*
None .........
*
None .........
*
306 ...........
*
306, 307 ...
*
306 ...........
(8A)
Exceptions
201 ...........
203 ...........
202 ...........
201 ...........
214 ...........
304 ...........
302 ...........
302 ...........
None ........
(8B)
Non-bulk
(8)
Packaging
(§ 173.***)
§ 172.101—HAZARDOUS MATERIALS TABLE
*
*
243 ...........
*
241 ...........
*
243 ...........
*
243 ...........
*
*
214 ...........
*
314, 315 ...
*
302, 314 ...
*
314, 315 ...
*
None ........
(8C)
Bulk
*
*
0.5 L ...........
*
60L .............
*
5L ...............
*
1 L ..............
*
*
Forbidden ...
*
Forbidden ...
*
75 kg ..........
*
75 kg ..........
*
Forbidden ...
(9A)
Passenger
aircraft/rail
2.5 L ...........
220L ...........
60L .............
30 L ............
Forbidden ...
Forbidden ...
150 kg ........
150 kg ........
Forbidden ...
(9B)
Cargo aircraft only
(9)
Quantity limitations
(see §§ 173.27 and 175.75)
E ..............
A ..............
B ..............
B ..............
..................
D ..............
A ..............
A ..............
A ..............
(10A)
Location
40
40
40
40
40
85
48, 87, 126
(10B)
Other
(10)
Vessel stowage
Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
56313
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25. In § 172.301, paragraph (f) is
revised to read as follows:
■
§ 172.301 General marking requirements
for non-bulk packagings.
*
*
*
*
*
(f) NON-ODORIZED marking on
cylinders containing LPG. No person
may offer for transportation or transport
a specification cylinder, except a
Specification 2P or 2Q container or a
Specification 39 cylinder, that contains
an unodorized Liquefied petroleum gas
(LPG) unless it is legibly marked NONODORIZED or NOT ODORIZED in
letters not less than 6.3 mm (0.25
inches) in height near the marked
proper shipping name required by
paragraph (a) of this section.
■ 26. In § 172.323, paragraph (a)
introductory text is revised to read as
follows:
§ 172.323
Infectious substances.
(a) In addition to other requirements
of this subpart, a bulk packaging
containing a regulated medical waste, as
defined in § 173.134(a)(5) of this
subchapter, must be marked with a
BIOHAZARD marking conforming to 29
CFR 1910.1030(g)(1)(i)—
*
*
*
*
*
■ 27. In § 172.400a, paragraph (d) is
revised to read as follows:
§ 172.400a
Exceptions from labeling.
*
*
*
*
*
(d) A package containing a material
poisonous by inhalation (see § 171.8 of
this subchapter) in a closed transport
vehicle or freight container may be
excepted from the POISON
INHALATION HAZARD or POISON
GAS label or placard, under the
conditions set forth in § 171.23(b)(10) of
this subchapter.
■ 28. In § 172.402, paragraph (b) is
revised to read as follows:
§ 172.402 Additional labeling
requirements.
*
*
*
*
*
(b) Display of hazard class on labels.
The appropriate hazard class or division
number must be displayed in the lower
corner of a primary hazard label and a
subsidiary hazard label.
*
*
*
*
*
mstockstill on DSK4VPTVN1PROD with RULES
§ 172.432
[Amended]
29. In § 172.432, in paragraph (c) the
wording ‘‘September 30, 2011’’ is
removed and the wording ‘‘August 18,
2011’’ is added in its place.
■
§ 172.446
[Amended]
30. In § 172.446, in paragraph (c) the
wording ‘‘September 30, 2011’’ is
■
VerDate Mar<15>2010
15:54 Sep 12, 2011
Jkt 223001
removed and the wording ‘‘August 18,
2011’’ is added in its place.
■ 31. In § 172.512, paragraph (b) is
revised to read as follows:
§ 172.512 Freight containers and aircraft
unit load devices.
*
*
*
*
*
(b) Capacity less than 18 m 3 (640
cubic feet). (1) Each person who offers
for transportation by air, and each
person who loads and transports by air,
a hazardous material in a freight
container or aircraft unit load device
having a capacity of less than 18 m3
(640 cubic feet) shall affix one placard
of the type specified by paragraph (a) of
this section unless the freight container
or aircraft unit load device:
(i) Is labeled in accordance with
subpart E of this part, including
§ 172.406(e);
(ii) Contains radioactive materials
requiring the Radioactive Yellow III
label and is placarded with one
Radioactive placard and is labeled in
accordance with subpart E of this part,
including § 172.406(e); or,
(iii) Is identified as containing a
hazardous material in the manner
provided in part 7, chapter 2, section
2.7, of the ICAO Technical Instructions.
(2) When hazardous materials are
offered for transportation, not involving
air transportation, in a freight container
having a capacity of less than 640 cubic
feet the freight container need not be
placarded. However, if not placarded, it
must be labeled in accordance with
subpart E of this part.
*
*
*
*
*
■ 32. In § 172.519, paragraph (b)(4) and
the last sentence in paragraph (f) are
revised to read as follows:
§ 172.519 General specifications for
placards.
*
*
*
*
*
(b) * * *
(4) For a placard corresponding to the
primary or subsidiary hazard class of a
material, the hazard class or division
number must be displayed in the lower
corner of the placard. However, a
permanently affixed subsidiary placard
meeting the specifications of this
section which were in effect on October
1, 2001, (such as, a placard without the
hazard class or division number
displayed in the lower corner of the
placard) and which was installed prior
to September 30, 2001, may continue to
be used as a subsidiary placard in
domestic transportation by rail or
highway, provided the color tolerances
are maintained and are in accordance
with the display requirements in this
subchapter.
*
*
*
*
*
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
(f) * * * However, a bulk packaging,
transport vehicle, or freight container
containing a material poisonous by
inhalation (see § 171.8 of this
subchapter) must be placarded in
accordance with this subpart (see
§ 171.23(b)(10) of this subchapter).
*
*
*
*
*
■ 33. In § 172.704, paragraph (a)(4) is
revised to read as follows:
§ 172.704
Training requirements.
(a) * * *
(4) Security awareness training. Each
hazmat employee must receive training
that provides an awareness of security
risks associated with hazardous
materials transportation and methods
designed to enhance transportation
security. This training must also include
a component covering how to recognize
and respond to possible security threats.
New hazmat employees must receive
the security awareness training required
by this paragraph within 90 days after
employment.
*
*
*
*
*
■ 34. In § 172.800, paragraph (b)(15) is
revised to read as follows:
§ 172.800
Purpose and applicability.
*
*
*
*
*
(b) * * *
(15) International Atomic Energy
Agency (IAEA) Code of Conduct
Category 1 and 2 materials including
Highway Route Controlled quantities as
defined in 49 CFR 173.403 or known
radionuclides in forms listed as RAM–
QC by the Nuclear Regulatory
Commission;
*
*
*
*
*
■ 35. In § 172.820, paragraphs (b)
introductory text and (f) are revised to
read as follows:
§ 172.820 Additional planning
requirements for transportation by rail.
*
*
*
*
*
(b) Not later than 90 days after the end
of each calendar year, a rail carrier must
compile commodity data for the
previous calendar year for the materials
listed in paragraph (a) of this section.
The following stipulations apply to data
collected:
*
*
*
*
*
(f) Completion of route analysis. (1)
The rail transportation route analysis,
alternative route analysis, and route
selection process required under
paragraphs (c), (d), and (e) of this
section must be completed no later than
the end of the calendar year following
the year to which the analyses apply.
(2) The initial analysis and route
selection determinations required under
paragraphs (c), (d), and (e) of this
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Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
section must include a comprehensive
review of the entire system. Subsequent
analyses and route selection
determinations required under
paragraphs (c), (d), and (e) of this
section must include a comprehensive,
system-wide review of all operational
changes, infrastructure modifications,
traffic adjustments, changes in the
nature of high-consequence targets
located along, or in proximity to, the
route, and any other changes affecting
the safety or security of the movements
of the materials specified in paragraph
(a) of this section that were
implemented during the calendar year.
(3) A rail carrier need not perform a
rail transportation route analysis,
alternative route analysis, or route
selection process for any hazardous
material other than the materials
specified in paragraph (a) of this
section.
*
*
*
*
*
§ 173.22a
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
39. In § 173.22a, in paragraph (b), the
Web site address ‘‘https://
hazmat.dot.gov/
specialpermits_index.htm’’ is removed
and the Web site address ‘‘https://
www.phmsa.dot.gov/hazmat/regs/sp-a’’
is added in its place.
■
36. 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.
37. In § 173.8, paragraph (d)(6) is
revised to read as follows:
■
40. In 173.24b, the heading of
paragraph (e) is revised to read as
follows:
■
§ 173.8 Exceptions for non-specification
packagings used in intrastate
transportation.
*
*
*
*
*
(d) * * *
(6) For a tank authorized under
paragraph (b) or (c) of this section,
conform to all requirements in part 180
(except for § 180.405(g)) of this
subchapter in the same manner as
required for a DOT specification MC 306
cargo tank motor vehicle.
§ 173.12
[Amended]
§ 173.24b Additional general requirements
for bulk packagings.
*
*
*
*
*
(e) Stacking of IBCs and Large
Packagings. * * *
*
*
*
*
*
41. In § 173.52, in paragraph (b), table
2 is revised to read as follows:
■
§ 173.52 Classification codes and
compatibility groups of explosives.
[Amended]
38. In § 173.12, the second paragraph
(f) immediately following paragraph (g)
is removed.
■
*
*
*
(b) * * *
*
*
TABLE 2—SCHEME OF CLASSIFICATION OF EXPLOSIVES, COMBINATION OF HAZARD DIVISION WITH COMPATIBILITY GROUP
Compatibility group
Hazard division
A
C
D
E
F
G
H
J
K
L
N
S
.....................
.....................
.....................
.....................
.....................
.....................
1.1A ..
...........
...........
...........
...........
...........
1.1B ..
1.2B ..
...........
1.4B ..
...........
...........
1.1C ..
1.2C ..
1.3C ..
1.4C ..
...........
...........
1.1D ..
1.2D ..
...........
1.4D ..
1.5D ..
...........
1.1E ..
1.2E ..
...........
1.4E ..
...........
...........
1.1F ..
1.2F ..
1.3F ..
1.4F ..
...........
...........
1.1G ..
1.2G ..
1.3G ..
1.4G ..
...........
...........
...........
1.2H ..
1.3H ..
...........
...........
...........
1.1J ...
1.2J ...
1.3J ...
...........
...........
...........
...........
1.2K ..
1.3K ..
...........
...........
...........
1.1L ..
1.2L ..
1.3L ..
...........
...........
...........
...........
...........
...........
...........
...........
1.6N ..
...........
...........
...........
1.4S ..
...........
...........
9
10
7
7
1
1
Total ...........
1.1
1.2
1.3
1.4
1.5
1.6
B
1 .......
3 .......
4 .......
4 .......
3 .......
4 .......
4 .......
2 .......
3 .......
2 .......
3 .......
1 .......
1 .......
35
§ 173.57 Acceptance criteria for new
explosives.
carbonate equal to one percent of the
nitroglycerin or other liquid explosive
ingredient;
*
*
*
*
*
*
■
42. In § 173.57, paragraph (c)(1) is
revised to read as follows:
■
*
*
*
*
(c) * * *
(1) It does not have, when uniformly
mixed with the absorbent material, a
satisfactory antacid in a quantity
sufficient to have the acid neutralizing
power of an amount of magnesium
43. In § 173.58, the heading of
paragraph (b) is revised to read as
follows:
§ 173.58 Assignment of class and division
for new explosives.
*
*
*
*
*
A–S
(b) Division 1.5 explosive. * * *
*
*
*
*
■ 44. In § 173.62, in paragraph (c)(5), in
the Table of Packing Methods, Packing
Instructions 130 and 132(a) are revised
to read as follows:
*
§ 173.62 Specific packaging requirements
for explosives.
*
*
*
(c) * * *
(5) * * *
*
*
TABLE OF PACKING METHODS
mstockstill on DSK4VPTVN1PROD with RULES
Packaging instruction
Inner
packagings
Intermediate
packagings
*
*
*
130 .................................................................................
*
Not necessary .........
*
Not necessary .........
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15:54 Sep 12, 2011
Jkt 223001
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Sfmt 4700
Outer packaging
*
Boxes.
E:\FR\FM\13SER1.SGM
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*
56316
Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
TABLE OF PACKING METHODS—Continued
Inner
packagings
Packaging instruction
Intermediate
packagings
Outer packaging
Particular Packaging Requirements: The following applies to UN 0006, 0009, 0010, 0015, 0016, 0018,
0019, 0034, 0035, 0038, 0039, 0048, 0056, 0137,
0138, 0168, 0169, 0171, 0181, 0182, 0183, 0186,
0221, 0238, 0243, 0244, 0245, 0246, 0254, 0280,
0281, 0286, 0287, 0297, 0299, 0300, 0301, 0303,
0321, 0328, 0329, 0344, 0345, 0346, 0347, 0362,
0363, 0370, 0412, 0424, 0425, 0434, 0435, 0436,
0437, 0438, 0451, 0459 and 0488. Large and robust explosives articles, normally intended for military use, without their means of initiation or with
their means of initiation containing at least two effective protective features, may be carried
unpackaged. When such articles have propelling
charges or are self-propelled, their ignition systems
must be protected against stimuli encountered during normal conditions of transport. A negative result
in Test Series 4 on an unpackaged article indicates
that the article can be considered for transport
unpackaged. Such unpackaged articles may be
fixed to cradles or contained in crates or other suitable handling devices.
Steel (4A).
Aluminum (4B).
Wood natural, ordinary (4C1).
Wood natural, sift-proof walls (4C2).
Plywood (4D).
Reconstituted wood (4F).
Fiberboard (4G).
Plastics, expanded (4H1).
Plastics, solid (4H2).
Drums.
Steel, removable head (1A2).
Aluminum, removable head (1B2).
Plywood (1D).
Fiber (1G).
Plastics, removable head (1H2).
Large Packagings.
Steel (50A).
Aluminum (50B).
Metal other than steel or aluminum (50N).
Rigid plastics (50H).
Natural wood (50C).
Plywood (50D).
Reconstituted wood (50F).
Rigid fiberboard (50G).
*
*
*
132(a) For articles consisting of closed metal, plastic
or fiberboard casings that contain detonating explosives, or consisting of plastics-bonded detonating
explosives.
*
Not necessary .........
*
Not necessary .........
*
Boxes.
steel (4A).
aluminum (4B).
*
wood, natural; ordinary (4C1).
wood, natural, sift proof walls (4C2).
plywood (4D).
reconstituted wood (4F).
fiberboard (4G).
plastics, solid (4H2).
*
*
*
45. In § 173.115, paragraphs (a)(2) and
(l)(3) are revised to read as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 173.115 Class 2, Divisions 2.1, 2.2, and
2.3—Definitions.
(a) * * *
(2) Has a flammable range at 101.3
kPa (14.7 psia) with air of at least 12
percent regardless of the lower limit.
Except for aerosols, the limits specified
in paragraphs (a)(1) and (a)(2) of this
section shall be determined at 101.3 kPa
(14.7 psia) of pressure and a
temperature of 20 °C (68 °F) in
accordance with the ASTM E681–85,
Standard Test Method for Concentration
Limits of Flammability of Chemicals or
other equivalent method approved by
the Associate Administrator. The
flammability of aerosols is determined
by the tests specified in paragraph (l) of
this section.
*
*
*
*
*
(l) * * *
VerDate Mar<15>2010
15:54 Sep 12, 2011
Jkt 223001
*
*
(3) Aerosols not meeting the
provisions of paragraphs (l)(1) or (1)(2)
of this section must be classed in
accordance with the appropriate tests of
the UN Manual of Tests and Criteria
(IBR, see § 171.7 of this subchapter). An
aerosol which was tested in accordance
with the requirements of this subchapter
in effect on December 31, 2005, is not
required to be retested.
*
*
*
*
*
§ 173.120
[Amended]
46. In § 173.120, in paragraph (d) the
wording ‘‘requirements of parts 170–189
of this subchapter.’’ is removed and the
wording ‘‘requirements of parts 171
through 185 of this subchapter.’’ is
added in its place.
■
47. In § 173.168, paragraph (d)(2)
introductory text is revised to read as
follows:
■
PO 00000
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Sfmt 4700
*
§ 173.168
*
Chemical oxygen generators.
*
*
*
*
*
(d) * * *
(2) With its contents, is capable of
meeting the following additional
requirements when transported by
cargo-only aircraft:
*
*
*
*
*
48. In § 173.301, paragraph (f)(2) is
revised to read as follows and paragraph
(o) is re-designated as paragraph (l):
■
§ 173.301 General requirements for
shipment of compressed gases and other
hazardous materials in cylinders, UN
pressure receptacles and spherical
pressure vessels.
*
*
*
*
*
(f) * * *
(2) A pressure relief device, when
installed, must be in communication
with the vapor space of a cylinder
E:\FR\FM\13SER1.SGM
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Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
containing a Division 2.1 (flammable
gas) material.
*
*
*
*
*
■ 49. In § 173.301a, paragraph (d)(3) is
revised to read as follows:
§ 173.301a Additional general
requirements for shipment of specification
cylinders.
*
*
*
*
*
(d) * * *
(3) The pressure at 55 °C (131 °F) of
Hazard Zone A and Hazard Zone B
materials may not exceed the service
pressure of the cylinder. Sufficient
outage must be provided so that the
cylinder will not be liquid full at 55 °C
(131 °F).
*
*
*
*
*
■ 50. In § 173.302, paragraphs (f)(3)(ii)
and (f)(4) are revised to read as follows:
(3) * * *
(v) Each container, after it is filled,
must be subjected to a test performed in
a hot water bath; the temperature of the
bath and the duration of the test must
be such that the internal pressure
reaches that which would be reached at
55 °C (131 °F) (50 °C (122 °F) if the
liquid phase does not exceed 95% of the
capacity of the container at 50 °C (122
°F)). If the contents are sensitive to heat,
the temperature of the bath must be set
at between 20 °C (68 °F) and 30 °C (86
°F) but, in addition, one container in
2,000 must be tested at the higher
temperature. No leakage or permanent
deformation of a container may occur.
*
*
*
*
*
PART 174—CARRIAGE BY RAIL
53. The authority citation for part 174
continues to read as follows:
■
§ 173.302 Filling of cylinders with
nonliquefied (permanent) compressed
gases.
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
*
■
*
*
*
*
(f) * * *
(3) * * *
(ii) Is capable of passing, as
demonstrated by design testing, the
Flame Penetration Resistance Test in
Appendix E to part 178 of this
subchapter; and
*
*
*
*
*
(4) The cylinder and the outer
packaging must be capable of passing, as
demonstrated by design testing, the
Thermal Resistance Test specified in
Appendix D to part 178 of this
subchapter.
*
*
*
*
*
■ 51. In § 173.304, paragraphs (f)(3)(ii)
and (f)(4) are revised to read as follows:
§ 173.304 Filling of cylinders with liquefied
compressed gases.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(f) * * *
(3) * * *
(ii) Is capable of passing, as
demonstrated by design testing, the
Flame Penetration Resistance Test in
Appendix E to part 178 of this
subchapter; and
*
*
*
*
*
(4) The cylinder and the outer
packaging must be capable of passing, as
demonstrated by design testing, the
Thermal Resistance Test specified in
Appendix D to part 178 of this
subchapter.
*
*
*
*
*
■ 52. In § 173.306, paragraph (a)(3)(v) is
revised to read as follows:
§ 173.306 Limited quantities of
compressed gases.
(a) * * *
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15:54 Sep 12, 2011
Jkt 223001
54. In § 174.104, paragraph (f) is
revised to read as follows.
§ 174.104 Division 1.1 or 1.2 (explosive)
materials; car selection, preparation,
inspection, and certification.
*
56317
explosives in or on this car, or in or on
vehicles or in containers have been
loaded and braced; that placards have
been applied, according to the
regulations prescribed by the
Department of Transportation; and that
the doors of cars so equipped fit or have
been stripped so that sparks cannot
enter.
Shipper or his authorized agent
Qualified Person Designated Under 49
CFR 215.11
No. 3 lll Station llllll
19 ll .
I hereby certify that I have this day
personally supervised the loading of the
vehicles or containers on and their
securement to the above car.
Shipper or railway employee inspecting
loading and securement
Note 1: A shipper must decline to use a car
not in proper condition.
Note 2: All certificates, where applicable,
must be signed.
PART 176—CARRIAGE BY VESSEL
55. The authority citation for part 176
is revised to read as follows:
■
*
*
*
*
(f) Each car certificate for use in
connection with the inspection of rail
cars for the carriage of Division 1.1 or
1.2 (explosive) materials shall be
printed on strong tag board measuring
18 by 18 cm (7.1 by 7.1 inches) or 15
by 20 cm (5.9 by 7.9 inches). It must be
duly executed in triplicate by the
carrier, and by the shipper if he loads
the shipments. The original must be
filed by the carrier at the forwarding
station in a separate file and the other
two must be attached to the car, one to
each outer side on a fixed placard board
or as otherwise provided.
llllllllll Railroad
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
CAR CERTIFICATE
*
No. 1 lll Station llllll
19ll .
I hereby certify that I have this day
personally examined Car Number
lll and that the car is in condition
for service and complies with the FRA
Freight Car Safety Standards (49 CFR
part 215) and with the requirements for
freight cars used to transport explosives
prescribed by the DOT Hazardous
Materials Regulation (49 CFR part 174).
Qualified Person Designated Under 49
CFR 215.11
No. 2 lll Station llllll
19 ll .
I have this day personally examined
the above car and hereby certify that the
PART 177—CARRIAGE BY PUBLIC
HIGHWAY
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
56. In § 176.77, paragraph (c) is
revised to read as follows:
■
§ 176.77 Stowage of barges containing
hazardous materials on board bargecarrying vessels.
*
*
*
*
*
(c) A barge which contains hazardous
materials for which both ‘‘on deck’’ and
‘‘below deck’’ stowage is authorized
may be stowed above or below the
weather deck.
■ 57. In § 176.137, paragraph (b) is
revised to read as follows:
§ 176.137
Portable magazine.
*
*
*
*
(b) A portable magazine which meets
the requirements for a type 2 or type 3
magazine under 27 CFR part 555
subpart K may be used for the stowage
of Class 1 (explosive) materials on board
vessels.
*
*
*
*
*
58. The authority citation for part 177
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5127; 49 CFR
part 1.53.
59. In § 177.834, paragraph (o)(3) is
revised and paragraph (o)(4) is removed
to read as follows:
■
E:\FR\FM\13SER1.SGM
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56318
§ 177.834
Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / Rules and Regulations
General requirements.
*
*
*
*
*
(o) * * *
(3) An IM or UN portable tank
equipped with a bottom outlet as
authorized in Column (7) of the
§ 172.101 Table of this subchapter by
assignment of a T Code in the
appropriate proper shipping name
entry, and that contains a liquid
hazardous material of Class 3, PG I or II,
or PG III with a flash point of less than
100 °F (38 °C); Division 5.1, PG I or II;
or Division 6.1, PG I or II, must conform
to the outlet requirements in
§ 178.275(d)(3) of this subchapter.
§ 177.835
Issued in Washington, DC, on September 6,
2011 under authority delegated in 49 CFR
part 1.
Timothy P. Butters,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2011–23167 Filed 9–12–11; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 393
[Docket No. FMCSA–2010–0271]
[Amended]
60. In § 177.835, revise paragraphs
(g)(3) introductory text and (g)(3)(ii) to
read as follows:
■
RIN–2126–AB30
§ 177.835
Parts and Accessories Necessary for
Safe Operation; Saddle-Mount Braking
Requirements
Class 1 materials
*
*
*
*
*
(g) * * *
(3) It is packed and loaded in
accordance with a method approved by
the Associate Administrator. One
approved method requires that—
*
*
*
*
*
(ii) That both the detonators and the
container or compartment meet the
requirements of the IME Standard 22
(IBR, see § 171.7 of this subchapter).
*
*
*
*
*
■ 61. In § 177.840, paragraphs (a)(1) and
(u) are revised to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 177.840
Class 2 (gases) materials.
(a) * * *
(1) Cylinders. Cylinders containing
Class 2 gases must be securely
restrained in an upright or horizontal
position, loaded in racks, or packed in
boxes or crates to prevent the cylinders
from being shifted, overturned or
ejected from the motor vehicle under
normal transportation conditions. A
pressure relief device, when installed,
must be in communication with the
vapor space of a cylinder containing a
Division 2.1 (flammable gas) material.
*
*
*
*
*
(u) Unloading of chlorine cargo tank
motor vehicles. Unloading of chlorine
from a cargo tank motor vehicle must be
performed in compliance with Section 3
of the Chlorine Institute Pamphlet 57,
‘‘Emergency Shut-off Systems for Bulk
Transfer of Chlorine’’ (IBR, see § 171.7
of this subchapter).
§ 177.848
[Amended]
62. In § 177.848 in paragraph (g)(3)(vi)
the wording ‘‘vehicle’’ is removed and
the wording ‘‘transport vehicle’’ is
added in its place.
■
VerDate Mar<15>2010
15:54 Sep 12, 2011
Jkt 223001
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Final rule.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA) amends
the Federal Motor Carrier Safety
Regulations (FMCSRs) to eliminate the
requirement for operational brakes on
the last saddle-mounted truck or tractor
in a triple saddle-mount combination,
except when a full mount is present.
This is in response to a petition for
rulemaking from the Automobile
Carriers Conference (ACC) of the
American Trucking Associations (ATA),
which stated that this requirement
degrades the braking performance of
these combinations because the lightly
loaded axle of the last vehicle tends to
lock up under heavy braking.
DATES: The final rule is effective
October 13, 2011.
ADDRESSES: For access to the docket to
read background documents, including
those referenced in this document, or to
read comments received, go to https://
www.regulations.gov at any time and
insert FMCSA–2010–1271 in the
‘‘Keyword’’ box, and then click
‘‘Search.’’ You may also view the docket
online by visiting the Docket
Management Facility in Room W12–
140, DOT Building, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m. e.t., Monday through
Friday except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian J. Routhier, Vehicle and Roadside
Operations Division, Federal Motor
Carrier Safety Administration, 202–366–
1225, or brian.routhier@dot.gov, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001. Office hours are from 9
SUMMARY:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
a.m. to 5 p.m. e.t., Monday through
Friday except Federal holidays.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Privacy Act
II. Abbreviations
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Public Comments
VI. Discussion of Final Rule
VII. Regulatory Analyses
I. Privacy Act
Anyone is able to search the
electronic form for all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the U.S. Department of
Transportation’s (DOT) Privacy Act
system of records notice for DOT
Federal Docket Management System
(FDMS) in the Federal Register
published on January 17, 2008 (73 FR
3316) at https://edocket.access.gpo.gov/
2008/pdf/E8-785.pdf.
II. Abbreviations
ABS antilock braking systems.
ACC Automobile Carriers Conference.
ATA American Trucking Associations.
ATC ATC Transportation LLC.
CMV commercial motor vehicle.
DOT U.S. Department of Transportation.
FMCSRs Federal Motor Carrier Safety
Regulations.
NATA National Automobile Transporters
Association.
NPRM notice of proposed rulemaking.
RAI Link-Radlinski, Inc.
III. Legal Basis for the Rulemaking
This final rule is based on the
authority of the Motor Carrier Act of
1935 and the Motor Carrier Safety Act
of 1984.
The Motor Carrier Act of 1935
provides that ‘‘The Secretary of
Transportation may prescribe
requirements for—(1) Qualifications and
maximum hours of service of employees
of, and safety of operation and
equipment of, a motor carrier; and (2)
qualifications and maximum hours of
service of employees of, and standards
of equipment of, a motor private carrier,
when needed to promote safety of
operation’’ [49 U.S.C. 31502(b)].
The braking amendments in this rule
deal directly with the ‘‘safety of
operation and equipment of * * * a
motor carrier’’ [49 U.S.C. 31502(b)(1)]
and ‘‘standards of equipment of * * *
a motor private carrier’’ [49 U.S.C.
31502(b)(2)]. The proposal, adoption,
and enforcement of such rules were
authorized by the Motor Carrier Act of
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56304-56318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23167]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 105, 106, 107, 130, 171, 172, 173, 174, 176, and 177
[Docket No. PHMSA-2011-0134 (HM-244D)]
RIN 2137-AE77
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: September 13, 2011.
FOR FURTHER INFORMATION CONTACT: Rob Benedict, Standards and Rulemaking
Division, 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 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, inadvertent omissions of information and
outdated transition dates. Because these amendments do not impose new
requirements, notice and public comment are unnecessary. By making
these amendments effective without the customary 30-day delay following
publication, the changes will appear in the next published revision of
the 49 CFR.
II. Section-by-Section Review
The following is a section-by-section summary of the minor
editorial corrections and clarifications made in this final rule.
PHMSA's Office of Hazardous Materials Safety (OHMS) recently underwent
an internal reorganization of the divisions that constitute OHMS. As a
result of this reorganization, there were several structural changes
and re-designations. Therefore, in addition to the minor editorial
corrections and clarifications made in this final rule, we are also
revising all outdated references to divisions that underwent a change
in name designation. Specifically, we are revising all outdated
references to the ``Office of Hazardous Materials Standards'' and are
replacing them with ``Standards and Rulemaking Division.'' We are
revising all outdated references to the ``Office of Special Permits and
Approvals'' and replacing them with ``Approvals and Permits Division.''
And we are revising all outdated references to the ``Office of
Hazardous Materials Enforcement'' and replacing them with ``Field
Operations.''
Part 105
Section 105.20
This section specifies conditions and procedures for requesting
guidance and interpretations of the HMR. In this section, we are
revising an outdated reference to the ``Office of Hazardous Materials
Standards'' and are replacing it with ``Standards and Rulemaking
Division.'' This change reflects the name change resulting from PHMSA's
reorganization.
Section 105.25
This section specifies the requirement for PHMSA to make certain
documents and information available to the public. In this section, we
are revising an outdated reference to the ``Office of Special Permits
and Approvals'' and replacing it with ``Approvals and Permits
Division.'' This change reflects the name change resulting from PHMSA's
reorganization.
Section 105.40
This section specifies requirements for designated agents for non-
residents. In this section, we are revising an outdated reference to
the ``Office of Special Permits and Approvals'' and replacing it with
``Approvals and Permits Division.'' This change reflects the name
change resulting from PHMSA's reorganization.
Part 106
Section 106.95
This section specifies conditions and procedures to request a
change to the regulations. In this section, we are revising an outdated
reference to the ``Office of Hazardous Materials Standards'' and
replacing it with ``Standards and Rulemaking Division.'' This change
reflects the name change resulting from PHMSA's reorganization.
Part 107
Section 107.105
This section specifies conditions and procedures for an application
for a special permit. The e-mail address for the Approvals and Permits
Division in paragraph (a)(1)(iii) is no longer correct. Accordingly, we
are revising this e-mail address. Also, we are adding ``other ranking
official'' to the language in paragraph (a)(2). This language was
inadvertently omitted from the final rule published on July 26, 2011
under Docket Number PHMSA-2009-0410 (HM-233B) (76 FR 44496) entitled
``Revisions of Special Permits Procedures; Response to Appeals;
[[Page 56305]]
Corrections.'' This language was discussed and accepted in the preamble
of that final rule, but was inadvertently omitted in the regulatory
text.
Section 107.107
This section specifies conditions and procedures for an application
for party status to a special permit. The e-mail address for the
Approvals and Permits Division in paragraph (b)(1)(iii) is no longer
correct. Accordingly, we are revising this e-mail address.
Section 107.109
This section specifies conditions and procedures for an application
for a renewal of a special permit. The e-mail address for the Approvals
and Permits Division in paragraph (b)(1)(iii) is no longer correct.
Accordingly, we are revising this e-mail address.
Section 107.127
This section specifies conditions for the availability of documents
for public inspection. In paragraph (a), we are revising an outdated
reference to the ``Office of Special Permits and Approvals'' and
replacing it with ``Approvals and Permits Division.'' This change
reflects the name change resulting from PHMSA's reorganization.
Section 107.305
This section specifies the general requirements for investigations
and inspections. In paragraph (b)(4), we are revising an outdated
reference to the ``Office of Hazardous Materials Enforcement'' and
replacing it with ``Field Operations.'' This change reflects the name
change resulting from PHMSA's reorganization.
Section 107.608
This section specifies the general registration requirements. As
part of the registration process, persons meeting the applicability
requirements of Sec. 107.601 must submit a DOT Form F 5800.2 to the
Grants and Registrations Branch of the Outreach, Training and Grants
Division of PHMSA. Paragraph (d) of this section provides information
on how to obtain copies of DOT form F 5800.2. The branch routing
symbol, phone number and the Web address for the grants and
registration branch in paragraph (d) are no longer correct.
Accordingly, we are revising the routing symbol, phone number and the
Web address.
Section 107.616
This section details the payment procedures for the registration
program. Paragraph (a) of this section provides information on how to
submit payments via mail or the internet. The mailing address and the
Web address for the payments in paragraph (a) are no longer correct.
Accordingly, we are revising the mailing and Web addresses.
Section 107.805
On December 9, 2005, PHMSA published a final rule under Docket
Number PHMSA-2005-22208 (HM-240) [70 FR 73156] entitled,
``Incorporation of Statutorily Mandated Revisions to the Hazardous
Materials Regulations.'' This final rule revised terminology,
definitions, and requirements for consistency with the Hazardous
Materials Safety and Security Reauthorization Act of 2005. As part of
this final rule, paragraph (f) of Sec. 107.805 was revised and a
transitional provision stating ``after May 31, 2004, no person may
requalify a DOT specification or special permit cylinder in accordance
with Sec. 180.209(g) of this chapter unless that person has been
issued a RIN as provided in paragraph (d) of this section'' was added.
In this final rule, we are removing the language ``after May 31, 2004''
since the transition date is no longer relevant.
Part 130
Section 130.31
On June 17, 1996, the Research and Special Programs (RSPA), the
predecessor agency to PHMSA, issued a final rule under Docket Numbers
HM-214 and PC-1, entitled ``Oil Spill Prevention and Response Plans.''
This final rule adopted requirements for packaging, communication,
spill response planning and response plan implementation intended to
prevent and contain spills of oil during transportation. As part of
this final rule, a new section, Sec. 130.31 was added to prescribe the
requirements for oil spill response plans. This section contains
transition dates which are no longer valid. In this final rule, we are
removing the language ``After September 30, 1993'' from paragraph (a)
and ``After February 19, 1993'' from paragraph (b) since the transition
dates are no longer necessary.
Part 171
Part 171.7
Paragraph (a) of Sec. 171.7 lists materials incorporated by
reference into the HMR. In paragraph (a)(3), we are correcting the
mailing address for the National Fire Protection Association.
Part 171.16
This section contains the requirements for detailed hazardous
materials incident reports. In paragraph (b), we are revising the
mailing address, routing number and administration name.
Part 171.22
This section prescribes the authorization and conditions for use of
international standards and regulations. On May 3, 2007, PHMSA issued a
final rule under Docket Number PHMSA-2005-23141 (HM-215F) [72 FR
25162], entitled ``Hazardous Materials: Revision and Reformatting of
Requirements for the Authorization to Use International Transport
Standards and Regulations.'' This final rule revised and consolidated
the requirements applicable to the use of authorized international
standards. Among the proposals adopted in this final rule was the
requirement for an international shipper, directly or through the
forwarding agent at the place of entry, to provide the initial U.S.
carrier with the shipper's certification required by Sec. 172.204 of
the HMR, unless the shipment is otherwise excepted from the
certification requirement. This section contains a transition date for
this requirement which has since expired. In this final rule, we are
removing the language ``After May 4, 2009'' from paragraph (f)(2) since
the transition date is no longer necessary.
Section 171.23
This section prescribes requirements for specific materials and
packagings transported under the ICAO Technical Instructions, IMDG
Code, Transport Canada TDG Regulations or the IAEA Regulations. In
paragraph (a)(4)(ii), the word ``density'' is misspelled as ``ensity.''
In this rule, we are correcting this error.
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 accordance
with Sec. 173.115(k)(6), when the contents of an aerosol are
classified as Division 6.1, PG III or Class 8, PG II or III, the
aerosol must be assigned a subsidiary hazard of Division 6.1 or Class
8, as appropriate. Currently, the entry in the HMT for aerosols with a
subsidiary hazard of corrosive is specified with the proper shipping
name ``Aerosols, corrosive, Packing Group II or III, (each not
exceeding 1 L capacity) UN1950.'' This proper shipping name limits this
entry to PG II and III in accordance with Sec. 173.115(k)(6). To
clarify that aerosols with a subsidiary hazard of poison may only be PG
III, in this rule the entry in
[[Page 56306]]
the HMT for Aerosols, poison is revised to read Aerosols, poison,
Packing Group III (each not exceeding 1 L capacity.) We are also
revising the proper shipping name for Aerosols, poison, (each not
exceeding 1 L capacity) to include a reference to the PG III limitation
specified in Sec. 173.115(k)(6).
Some of the information for the entry ``Argon, compressed UN1006''
in the HMT, while correct, was reported under incorrect columns of the
HMT. In this final rule, we are revising the entry ``Argon, compressed
UN1006'' by correcting the information reported in columns 5, 6, 7, 8a,
8b, 8c, 9a, 9b, 10a and 10b.
The entire entry for ``Helium, compressed UN 1046'' is italicized
in the HMT. This is incorrect. In this final rule, we are revising the
entry ``Helium, compressed UN1046'' to read ``Helium, compressed
UN1046.''
For the entry, ``Hydrogen iodide, anhydrous UN2197,'' some of the
information in the HMT, while correct, was listed under the incorrect
columns. In this final rule, we are revising the entry ``Hydrogen
iodide, anhydrous UN2197'' by correcting the information reported in
columns 5, 6, 7, 8a, 8b, 8c, 9a and 9b.
For the entry, ``Oxidizing solid, water-reactive, n.o.s. UN3121,''
some of the information in the HMT, while correct, was listed under the
incorrect columns. In this final rule, we are revising the entry
``Oxidizing solid, water-reactive, n.o.s. UN3121'' by correcting the
information reported in columns 5, 6, 7, 8a, 8b, 8c, 9a, 9b, 10a and
10b.
The entry for ``PCB, see Polychlorinated biphenyls'' inadvertently
included an ``A'' and ``W'' in column 1 of the HMT. Polychlorinated
biphenyls are intended to be regulated by all modes. In this final
rule, we are revising the entry ``PCB, see Polychlorinated biphenyls''
by removing the information in the first column of the HMT for this
entry.
On March 9, 1999, PHMSA published a final rule under Docket Number
RSPA 98-4185 (HM-215C) [64 FR 10742], entitled ``Harmonization with the
United Nations Recommendations, International Maritime Dangerous Goods
Code, and International Civil Aviation Organization's Technical
Instructions.'' In the HM-215C final rule, three entries were added for
``Pyrethroid pesticide, liquid toxic, 6.1, UN3352.'' These entries for
Pyrethroid pesticide, liquid toxic, 6.1, UN3352 inadvertently
referenced packagings designed for solids. In this final rule, we are
correcting the authorized packaging references in columns 8B and 8C to
reference packaging authorized for liquid hazardous materials to be
consistent with the liquid state of this material.
On December 29, 2006, PHMSA published a final rule under Docket
Number PHMSA-2006-25476 (HM-215I) [71 FR 78596], entitled
``Harmonization with the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions.'' The HM-215I final rule revised
the HMR to maintain alignment with international standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. These revisions also harmonized the HMR with certain
changes to the International Maritime Dangerous Goods (IMDG) Code, the
International Civil Aviation Organization (ICAO) Technical
Instructions, and the United Nations (UN) Recommendations. As part of
the revisions in this final rule, new entries, ``Paint related
material, flammable, corrosive (including paint thinning or reducing
compound ),'' UN3469, PG I, II, and III were added to the HMT. However,
these entries were never published in subsequent versions of the HMR.
Therefore, in this final rule, we are correcting the HMT by adding the
entries for ``Paint related material, flammable, corrosive (including
paint thinning or reducing compound )'' UN3469, PG I, II, and III.
Section 172.301
This section prescribes the general marking requirements for non-
bulk packagings. Paragraph (f) of this section contains a requirement
to mark NON-ODORIZED on cylinders containing Liquid Petroleum Gases.
This requirement was added to the regulations in the November 4, 2004
final rule under Docket Number RSPA-03-15327 (HM-206B) [69 FR 64462]
entitled ``Miscellaneous Changes to the Hazard Communication
Requirements.'' As part of this requirement a transition date was
included. In this final rule, we are removing the language ``After
September 30, 2006,'' from paragraph (f) since the transition date is
no longer relevant.
Section 172.323
This section prescribes the requirements for marking a bulk
packaging containing a regulated medical waste. Paragraph (a) of this
section requires a bulk packaging to be marked with a BIOHAZARD marking
conforming to 29 CFR 1910.1030(g)(1)(i). This requirement was codified
into the regulations in a final rule published in the Federal Register
on August 14, 2002, under Docket Number RSPA-98-3971 (HM-226) [67 FR
53118], entitled ``Revision to Standards for Infectious Substances.'' A
transition date was included as part of this requirement. In this final
rule, we are removing the language ``after September 30, 2003,'' from
paragraph (f) since the transition date is no longer relevant.
Section 172.400a
This section provides exceptions from the labeling requirements for
certain hazardous materials. In the final rule, published May 3, 2007,
under Docket Number PHMSA-2005-23141 (HM-215F) [72 FR 25162], entitled
``Revision and Reformatting of Requirements for the Authorization to
Use International Transport Standards and Regulations,'' the exceptions
for labeling were revised. As part of this revision, an incorrect
section was inadvertently referenced for Poison by Inhalation (PIH)
materials. Specifically, Sec. 172.400a(d) incorrectly references Sec.
171.23(b)(11) which addresses radioactive materials, instead of PIH
materials. Therefore, in this final rule, we are revising paragraph (d)
to replace the reference to ``Sec. 171.23(b)(11)'' with a reference to
``Sec. 171.23(b)(10).''
Section 172.402
This section prescribes requirements for general specifications for
labels. In this final rule, we are removing language from paragraph (b)
that is past its transition date. Specifically, the sentence ``A
subsidiary label meeting the specifications of this section which were
in effect on September 30, 2001, such as, a label without the hazard
class or division number displayed in the lower corner of the label,
may continue to be used as a subsidiary label in domestic
transportation by rail or highway until October 1, 2005, provided the
color tolerances are maintained and are in accordance with the display
requirements in this subchapter.'' will be removed because this
allowance is no longer permitted.
Section 172.432
This section prescribes requirements for INFECTIOUS SUBSTANCE
label. As amended on July 20, 2011 in the final rule published under
Docket Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled
``Miscellaneous Amendments'' the INFECTIOUS SUBSTANCE label
specification was
[[Page 56307]]
revised and a provision to use previously authorized labels was
included. In this final rule PHMSA is removing the wording ``September
30, 2011'' and adding the wording ``August 18, 2011'' in its place.
Section 172.446
This section prescribes requirements for the CLASS 9 label. As
amended on July 20, 2011 in the final rule published under Docket
Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled
``Miscellaneous Amendments'' the CLASS 9 label specification was
updated and a provision to use previously authorized labels was
included. In this final rule PHMSA is removing the wording ``September
30, 2011'' and adding the wording ``August 18, 2011'' in its place.
Section 172.512
This section prescribes requirements for placarding freight
containers and aircraft unit load devices. In this final rule, we are
re-designating the subparagraphs of paragraph (b) to clarify how
freight containers and unit load devices are regulated differently by
air transport and other modes. This clarification separates the
requirements for freight containers and unit load devices with a
capacity less than 18 m\3\ (640 cubic feet) transported by aircraft and
by all other modes into separate subparagraphs.
Section 172.519
This section prescribes requirements for general specifications for
placards. In this final rule, we are removing language from paragraph
(b)(4) that is past its transition date. Specifically, the sentence
``Stocks of non-permanently affixed subsidiary placards in compliance
with the requirements in effect on September 30, 2001, may continue to
be used in domestic transportation by rail or highway until October 1,
2005, or until current stocks are depleted, whichever occurs first.''
will be removed because this allowance is not longer permitted.
A final rule published May 3, 2007 under Docket Number PHMSA-2005-
23141 (HM-215F) [72 FR 25162], entitled ``Revision and Reformatting of
Requirements for the Authorization to Use International Transport
Standards and Regulations,'' included an incorrect reference in Sec.
172.519(f). In this rule, we are correcting Sec. 172.519(f) to provide
the correct reference for Poison by Inhalation (PIH) materials. With
regard to PIH materials, this section incorrectly references Sec.
171.23(b)(11) which pertains to radioactive materials instead of PIH
materials. Therefore, in this final rule we are revising paragraph (f)
to replace the reference to ``Sec. 171.23(b)(11)'' with a reference to
``Sec. 171.23(b)(10).''
Section 172.704
This section prescribes the training requirements for hazardous
materials employees. Paragraph (a)(4) of this section details the
requirements for the security awareness training component of the
training requirements. This requirement was codified into the
regulations on March 25, 2003, in a final rule published in the Federal
Register under Docket Number RSPA-2002-12064 (HM-232) [68 FR 14510],
entitled ``Security Requirements for Offerors and Transporters of
Hazardous Materials.'' As part of this requirement, a transition date
of ``No later than the date of the first scheduled recurrent training
after March 25, 2003, and in no case later than March 24, 2006'' was
included. In this final rule, we are removing the transition language
from paragraph (a)(4) since the transition dates are no longer
relevant.
Section 172.800
This section prescribes the requirements for development and
implementation of plans to address security risks related to the
transportation of hazardous materials in commerce. In this final rule,
we are removing the second occurrence of the word ``as'' in paragraph
(b)(15) to clarify that this requirement specifically refers to the 16
radioactive materials that the NRC identified as RAM-QC.
Section 172.820
This section specifies additional security planning requirements
for transportation by rail. Paragraph (b) of Sec. 172.820 details the
requirements for compiling commodity data for rail carriers
transporting certain shipments of explosive, toxic by inhalation, and
radioactive materials. As part of the implementation plan for this
requirement, a transitional provision was included addressing how to
compile commodity data. This transitional provision has expired.
Therefore, in this rulemaking, we are removing the transitional
language from paragraph (b).
Paragraph (f) of this section details the requirements for
completing the route analysis for rail carriers transporting certain
shipments of explosive, toxic by inhalation, and radioactive materials.
As part of the implementation plan for this requirement, a series of
transition dates were included regarding the completion of the route
analysis. These transition dates have expired. Therefore, in this
rulemaking, we are removing the transitional language from paragraph
(f).
Part 173
Section 173.8
This section provides exceptions for non-specification packagings
used in intrastate transportation. Paragraph (d)(6) of Sec. 173.8,
includes a transition date to require that tanks authorized under Sec.
173.8 would have to meet the Part 180 requirements (except for Sec.
180.405(g)) in the same manner as required for DOT MC 306 cargo tank
motor vehicles after of July 1, 2000. In this final rule, we are
removing this transition date because it has expired.
Section 173.12
This section provides exceptions for shipments of waste materials,
and contains two separate paragraphs with the designation ``(f).'' The
second appearance of paragraph (f), entitled ``Household waste'' is a
verbatim duplicate of paragraph (g), and, thus, unnecessary. Therefore,
in this rulemaking, we are removing the second paragraph (f) entitled
``Household waste'' and the associated text.
Section 173.22a
This section prescribes the requirements for use of packagings
authorized under special permits. The Web address where copies of
special permits may be obtained in paragraph (b) is no longer correct.
Accordingly, we are revising this Web address in this final rule.
Section 173.24b
This section prescribes the additional general requirements for
bulk packagings. In paragraph (e) of this section, the phrase
``Stacking of IBCs and Large Packagings'' is the title of paragraph (e)
and should be italicized. In this final rule we are correcting this
error by italicizing the title.
Section 173.52
This section details the classification codes and compatibility
groups for explosives. Paragraph (b) of this section provides two
tables that detail the classification and compatibility scheme for
explosive materials. Table 2 shows the number of classification codes
that are possible within each explosive division. In the first column
of the last row, ``1.6'' was inadvertently added, leading to some
confusion with the Table. For clarification, in this rule, ``1.6'' will
be replaced by the word ``Total'' in the first column of the last row
to ensure reader ease of use.
[[Page 56308]]
Section 173.57
This section prescribes the acceptance criteria for new explosives.
In paragraph (c)(1) of this section we are correcting a grammatical
error by adding the correct punctuation.
Section 173.58
This section prescribes the assignment of class and division for
new explosives. In paragraph (b) of this section, the phrase ``Division
1.5 explosive'' is the title of paragraph (b) and should be italicized.
In this final rule, we will correct this error by italicizing the
title.
Section 173.62
This section prescribes the specific packaging requirements for
explosives. In packaging instruction 130, we inadvertently removed the
authorization for the use of the following packagings--aluminum boxes
(4B) and natural wood, sift-proof walls boxes (4C2). In this final
rule, we are revising the packaging instruction 130 found in the Table
of Packing Methods in paragraph (c)(5) to reinstate aluminum boxes (4B)
and natural wood, sift-proof walls boxes (4C2) as authorized
packagings.
In addition, in packaging instruction 132(a) the word ``contian''
is spelled incorrectly. In this final rule we are correcting the
spelling.
Section 173.115
This section prescribes the definition for Class 2 materials.
Paragraph (a)(2) describes the flammable range of compressed gases and
states that the flammability of aerosols is determined by tests
specified in Sec. 173.115(k). This reference is incorrect. The correct
reference should be Sec. 173.115 (l). Therefore, in paragraph (a)(2),
the reference to ``Sec. 173.115(k)'' is corrected to read ``Sec.
173.115(l).''
In addition, paragraph (l)(3) states ``Aerosols not meeting the
provisions of paragraphs (a) or (b) of this section must be classed in
accordance with the appropriate tests of the UN Manual of Tests and
Criteria (IBR, see Sec. 171.7 of this subchapter).'' The requirements
for classification of aerosols are found in paragraph (l)(1) and
(l)(2); thus, the references to paragraphs (a) and (b) are no longer
accurate. Therefore, in paragraph (l)(3), the reference to paragraphs
``(a) or (b)'' are corrected to read ``(l)(1) or (l)(2).''
Section 173.120
This section prescribes the definition for Class 3 materials. In
paragraph (d), the current requirements inadvertently reference
incorrect parts of the subchapter. Therefore, in this final rule, we
are revising the wording ``requirements of parts 170-189 of this
subchapter.'' to correctly read ``requirements of parts 171-185 of this
subchapter.''
Section 173.168
This section prescribes requirements for chemical oxygen generators
including their packaging requirements. In this rulemaking, we are
removing an outdated transition date specific to the implementation of
the requirements for outer packaging of chemical oxygen generators to
meet flame penetration and thermal resistance requirements when
transported aboard an aircraft. Specifically, we are revising paragraph
(d)(2) by removing the language ``After September 30, 2009'' since the
transitional provision is no longer relevant and all chemical oxygen
generators must meet flame penetration and thermal resistance
requirements when transported aboard an aircraft.
Section 173.301
This section prescribes general requirements for shipment of
compressed gases and other hazardous materials in cylinders, UN
pressure receptacles and spherical vessels. Paragraph (f) prescribes
the requirements for pressure relief devices. In this final rule, we
are revising paragraph (f)(2) by removing the outdated transitional
language ``After December 31, 2003'' since this transitional provision
is no longer relevant.
In addition, in this section the last paragraph is inadvertently
designated at paragraph (o). In this final rule, we are correcting
paragraph (o) to read paragraph (l). The title and text of the
paragraph remains unchanged.
Section 173.301a
This section prescribes additional general requirements for
shipment of specification cylinders. Paragraph (d) describes the
pressure requirements for filling of cylinders at 55[deg] C (131[deg]
F). In this final rule, we are revising paragraph (d)(3) by removing
the outdated transitional language ``after December 31, 2003'' since
this transitional provision is no longer relevant.
Section 173.302
This section prescribes the requirements for the filling of
cylinders with non-liquefied compressed gas. Compressed oxygen and
oxidizing gas transported by aircraft are required to be placed in
outer packagings that meet flame penetration and thermal resistance
requirements when transported aboard an aircraft. In this rulemaking,
we are removing all references to outdated transitional dates specific
to the implementation of the requirements for the outer packaging
containing a chemical oxygen generator. Specifically, we are revising
paragraphs (f)(3)(ii) and (f)(4) by removing the language ``After
September 30, 2009'' since the transitional provision is no longer
relevant.
Section 173.304
This section prescribes the requirements for the filling of
cylinders with liquefied compressed gas. As described above, oxidizing
gas transported by aircraft are required to be placed in outer
packagings that meet flame penetration and thermal resistance
requirements when transported aboard an aircraft. In this rulemaking,
we are removing all references to outdated transition dates specific to
the implementation of the requirements for the outer packaging
containing a oxidizing gas transported by aircraft. Specifically, we
are revising paragraphs (f)(3)(ii) and (f)(4) by removing the language
``After September 30, 2009'' since the transitional provision is no
longer relevant.
Section 173.306
Section 173.306 prescribes the requirements for the shipment of
limited quantities of compressed gases. Specifically, paragraph (a)(3)
details the requirements for metal aerosol containers. As part of these
requirements, each container must be subjected to a test performed in a
hot water bath. The intention of this requirement is that the
containers are placed in the hot water bath after they are filled with
a nonpoisonous (other than a Division 6.1 Packing Group III material)
liquid, paste or powder. PHMSA recognizes that as currently written,
the requirement does not clearly state when the hot water bath must be
conducted. Therefore, in this rulemaking, we are clarifying this
requirement to specify that the hot water bath must be conducted after
each container is filled.
Part 174
Section 174.104
This section prescribes the general requirements for car selection,
preparation, inspection, and certification of rail cars containing
Division 1.1 or 1.2 (explosive) materials. We are revising paragraph
(f) to remove note 3, a reference to a transitional
[[Page 56309]]
provision, which expired on July 1, 1977 and is no longer needed.
Part 176
Section 176.77
This section prescribes requirements for the stowage of barges
containing hazardous materials on board barge-carrying vessels. In this
rulemaking, we are removing the word ``storage'' in paragraph (c), and
replacing it with ``stowage'' to maintain consistency with the other
paragraphs in this section.
Section 176.137
This section prescribes the portable magazine requirements for
explosives shipped by vessel. In this rulemaking, we are correcting a
typographical error in paragraph (b). Specifically, the text ``27 CFR
part 55 subpart K'' will be corrected to read ``27 CFR part 555 subpart
K.''
Part 177
Section 177.834
This section prescribes the general requirements loading and
unloading of motor vehicles. We are revising paragraph (o)(3) to remove
a reference to a transitional provision which expired on October 1,
2004 and is no longer relevant. In addition, we are removing paragraph
(o)(4) because it also references to a transitional provision which
expired on October 1, 2004 and is also no longer necessary.
Section 177.835
This section prescribes the requirements for shipment of Class 1
materials by ground. In paragraph (g)(3), the wording ``Department.''
is removed and the wording ``Associate Administrator.'' is added to
provide more consistency throughout the HMR. In paragraph (g)(3)(ii),
the wording ``Institute of Makers of Explosives' Safety Library
Publication No. 22'' is removed and the wording ``IME Standard 22'' is
added in its place to be consistent with other references to the same
standard in the HMR.
Section 177.840
This section prescribes the general requirements for transporting
Class 2 materials via highway. We are revising paragraph (a)(1) to
remove a reference to a transitional provision which expired on
December 31, 2003 and is no longer relevant. In addition, we are
removing language in paragraph (u) because it references to a
transitional provision which expired on July 1, 2001 and is also no
longer needed.
Section 177.848
This section prescribes the segregation requirements of hazardous
materials. In paragraph (g)(3)(vi) we are replacing the wording
``Vehicle'' with the wording ``Transport vehicle.'' This change
codifies into the regulations numerous long standing letters of
interpretation regarding the terminology used in paragraph (g)(3)(vi).
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, incorrect 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
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. Executive Order 13563 Improving Regulation and Regulatory Review
Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866 Regulatory Planning and
Review of September 30, 1993. In addition, Executive Order 13563
specifically requires agencies to: (1) Involve the public in the
regulatory process; (2) promote simplification and harmonization
through interagency coordination; (3) identify and consider regulatory
approaches that reduce burden and maintain flexibility; (4) ensure the
objectivity of any scientific or technological information used to
support regulatory action; consider how to best promote retrospective
analysis to modify, streamline, expand, or repeal existing rules that
are outmoded, ineffective, insufficient, or excessively burdensome.
A complete review of the existing HMR led to the identification of
various minor errors in the HMR. The errors identified have no effect
on the intent or meaning of the regulations. The correction of these
errors will clarify current text while maintaining the intent of the
regulations affected. This final rule is designed to address those
errors by making non-substantive changes to the HMR such as editorial
changes, spelling corrections, removal of transitional requirements
that are no
[[Page 56310]]
longer applicable and formatting modifications. This final rule
corrects these errors but does not require the application of Executive
Order 13563. The final rule does however clarify the regulatory text
thus improving the regulations.
G. 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.
H. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
I. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
J. 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 105
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 130
Oil pollution, Packaging and containers, Reporting and
recordkeeping requirements, Transportation.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Rail
carriers, Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Loading and Unloading,
Segregation and Separation.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITONS AND GENERAL
PROCEDURES
0
1. The authority citation for part 105 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 105.20 [Amended]
0
2. In Sec. 105.20, in paragraph (a)(4), the wording ``Office of
Hazardous Materials Standards'' is removed and the wording ``Standards
and Rulemaking Division'' is added in its place.
Sec. 105.25 [Amended]
0
3. In Sec. 105.25, in paragraph (b)(2)(iv), the wording ``Office of
Hazardous Materials Special Permits and Approvals'' is removed and the
wording ``Approvals and Permits Division'' is added in its place.
Sec. 105.40 [Amended]
0
4. In Sec. 105.40, in paragraph (d), the wording ``Office of Hazardous
Materials Special Permits and Approvals'' is removed and the wording
``Approvals and Permits Division'' is added in its place.
PART 106--RULEMAKING PROCEDURES
0
5. The authority citation for part 106 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 106.95 [Amended]
0
6. In Sec. 106.95, in paragraph (a), the wording ``Office of Hazardous
Materials Standards'' is removed and the wording ``Standards and
Rulemaking Division'' is added in its place.
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
7. The authority citation for part 107 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
8. In Sec. 107.105, in paragraph (a)(1)(iii), the wording
``Specialpermits@dot.gov'' is removed and the wording
``specialpermits@dot.gov'' is added in its place, and paragraph (a)(2)
is revised to read as follows.
Sec. 107.105 Application for Special Permit
(a) * * *
(2) The application must state the name, mailing address, physical
address(es) of all known locations where the special permit would be
used, e-mail address (if available), and telephone number of the
applicant. If the applicant is not an individual, the application must
state the company name, mailing address, physical address(es) of all
known locations where the special permit would be used, e-mail address
(if available), and telephone number of an individual designated as the
point of contact for the applicant for all purposes related to the
application, the name of the company Chief Executive Officer (CEO) or
president, or ranking officer; and the Dun and Bradstreet Data
Universal Numbering System (D-U-N-S) identifier.
* * * * *
Sec. 107.107 [Amended]
0
9. In Sec. 107.107, in paragraph (b)(1)(iii), the wording
``Specialpermits@dot.gov'' is removed and the wording
``specialpermits@dot.gov'' is added in its place.
Sec. 107.109 [Amended]
0
10. In Sec. 107.109, in paragraph (a)(1)(iii), the wording
``Specialpermits@dot.gov'' is removed and the wording
``specialpermits@dot.gov'' is added in its place.
Sec. 107.127 [Amended]
0
11. In Sec. 107.127, in paragraph (a), the wording ``Office of
Hazardous Materials
[[Page 56311]]
Special Permits and Approvals'' is removed and the wording ``Approvals
and Permits Division'' is added in its place.
Sec. 107.305 [Amended]
0
12. In Sec. 107.305, in paragraph (b)(4), the wording ``Office of
Hazardous Materials Enforcement'' is removed and the wording ``Field
Operations'' is added in its place.
0
13. In Sec. 107.608, paragraph (d) is revised to read as follows.
Sec. 107.608 General registration requirements.
* * * * *
(d) Copies of DOT Form F 5800.2 and instructions for its completion
may be obtained from the Outreach, Training and Grants Division, PHH-
50, U.S. Department of Transportation, Washington, DC 20590-0001, by
calling 202-366-4109, or via the Internet at https://phmsa.dot.gov/hazmat/registration.
* * * * *
0
14. In Sec. 107.616, paragraph (a) is revised to read as follows.
Sec. 107.616 General registration requirements.
(a) Each person subject to the requirements of this subpart must
mail the registration statement and payment in full to the U.S.
Department of Transportation, Hazardous Materials Registration, P.O.
Box 530273, Atlanta, GA 30353-0273, or submit the statement and payment
electronically through the Department's e-Commerce Internet site.
Access to this service is provided at https://phmsa.dot.gov/hazmat/registration. A registrant required to file an amended registration
statement under Sec. 107.608(c) must mail it to the same address or
submit it through the same Internet site.
* * * * *
0
15. In Sec. 107.805, in paragraph (f), the last sentence is revised to
read as follows.
Sec. 107.805 Approval of cylinder and pressure receptacle
requalifiers.
* * * * *
(f) * * * No person may requalify a DOT specification/special
permit cylinder in accordance with Sec. 180.209(g) of this chapter
unless that person has been issued a RIN as provided in paragraph (d)
of this section.
* * * * *
PART 130--OIL SPILL PREVENTION AND RESPONSE PLANS
0
16. The authority citation for part 130 continues to read as follows:
Authority: 33 U.S.C 1321; 49 CFR 1.53.
Sec. 130.31 [Amended]
0
17. In Sec. 130.31, paragraphs (a) introductory text and (b)
introductory text are revised to read as follows.
Sec. 130.31 Response plans.
(a) No person may transport oil subject to this part unless that
person has a current basic written plan that:
* * * * *
(b) No person may transport an oil subject to this part in a
quantity greater than 1,000 barrels (42,000 gallons) unless that person
has a current comprehensive written plan that:
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
18. 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
19. In Sec. 171.7, in the table, in paragraph (a)(3), in the first
column, the entry for ``National Fire Protection Association'' is
revised to read as follows:.
Sec. 171.7 Reference material.
(a) * * *
(3) * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
National Fire Protection
Association, 1 Batterymarch Park,
Quincy, MA, 02169-7471 1-617-770-
3000, https://www.nfpa.org:
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
20. In Sec. 171.16, paragraph (b)(1) is revised to read as follows:
Sec. 171.16 Detailed hazardous materials incident reports.
* * * * *
(b) * * *
(1) Submit a written Hazardous Materials Incident Report to the
Information Systems Manager, PHH-60, Pipeline and Hazardous Materials
Safety Administration, Department of Transportation, East Building,
1200 New Jersey Ave., SE., Washington, DC 20590-0001, or an electronic
Hazardous Material Incident Report to the Information System Manager,
PHH-60, Pipeline and Hazardous Materials Safety Administration,
Department of Transportation, Washington, DC 20590-0001 at https://hazmat.dot.gov;
* * * * *
0
21. In Sec. 171.22, paragraph (f)(2) is revised to read as follows:
Sec. 171.22 Authorization and conditions for the use of international
standards and regulations.
* * * * *
(f) * * *
(2) The shipper, directly or through the forwarding agent at the
place of entry, must provide the initial U.S. carrier with the
shipper's certification required by Sec. 172.204 of this subchapter,
unless the shipment is otherwise excepted from the certification
requirement. Except for shipments for which the certification
requirement does not apply, a carrier may not accept a hazardous
material for transportation unless provided a shipper's certification.
* * * * *
0
22. In Sec. 171.23, paragraph (a)(4)(ii) is revised to read as
follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(a) * * *
(4) * * *
(ii) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief drive
for each cylinder conform to the requirements of this part for the gas
involved; and
* * * * *
[[Page 56312]]
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
23. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701, 49 CFR 1.53.
0
24. In Sec. 172.101, in the Hazardous Materials Table, the following
entries under ``[REVISE]'' are revised and the entry under ``[ADD]'' is
added to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 56313]]
Sec. 172.101--HAZARDOUS MATERIALS TABLE
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
Hazardous mate- Hazard ------------------------------------------------ Sec. Sec. 173.27 and 175.75) -------------------------------
Symbols rials descriptions class or Identification PG Label Codes Special provisions ----------------------------------
and proper ship- division numbers (Sec. 172.102) Exceptions Non-bulk Bulk Passenger Cargo air- Location Other
ping names aircraft/rail craft only
(1) (2)............... (3) (4).............. (5).......... (6).............. (7)............... (8A).......... (8B).......... (8C).......... (9A)........... (9B)........... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REVISE]
* * * * * * *
Aerosols, poison, 2.2 UN1950........... ............. 2.2, 6.1......... .................. 306........... None.......... None.......... Forbidden...... Forbidden...... A............. 48, 87, 126
Packing Group III
(each not
exceeding 1 L
capacity).
* * * * * * *
Argon, compressed. 2.2 UN1006........... ............. 2.2.............. .................. 306, 307...... 302........... 314, 315...... 75 kg.......... 150 kg......... A............. ..............
* * * * * * *
Helium, compressed 2.2 UN1046........... ............. 2.2.............. .................. 306........... 302........... 302, 314...... 75 kg.......... 150 kg......... A............. 85
* * * * * * *
Hydrogen iodide, 2.3 UN2197........... ............. 2.3, 8........... 3, B14, N86, N89.. None.......... 304........... 314, 315...... Forbidden...... Forbidden...... D............. 40
anhydrous.
* * * * * * *
G............ Oxidizing solid, 5.1 UN3121........... ............. 5.1, 4.3......... 62................ None.......... 214........... 214........... Forbidden...... Forbidden...... .............. ..............
water reactive,
n.o.s..
* * * * * * *
PCB, see
Polychlorinated
biphenyls.
* * * * * * *
Pyrethroid 6.1 UN3352........... I............ 6.1.............. T14, TP2, TP13, None.......... 201........... 243........... 1 L............ 30 L........... B............. 40
pesticide, liquid TP27.
toxic.
* * * * * * *
II........... 6.1.............. IB2, T11, TP2, 153........... 202........... 243........... 5L............. 60L............ B............. 40
TP27.
III.......... 6.1.............. IB3, T7, TP2, TP28 153........... 203........... 241........... 60L............ 220L........... A............. 40
* * * * * * *
[ADD]:
* * * * * * *
Paint related 3 UN3469........... I............ 3, 8............. T11, TP2, TP27.... None.......... 201........... 243........... 0.5 L.......... 2.5 L.......... E............. 40
material,
flammable,
corrosive
(including paint
thinning or
reducing
compound).
* * * * * * *
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[[Page 56314]]
0
25. In Sec. 172.301, paragraph (f) is revised to read as follows:
Sec. 172.301 General marking requirements for non-bulk packagings.
* * * * *
(f) NON-ODORIZED marking on cylinders containing LPG. No person may
offer for transportation or transport a specification cylinder, except
a Specification 2P or 2Q container or a Specification 39 cylinder, that
contains an unodorized Liquefied petroleum gas (LPG) unless it is
legibly marked NON-ODORIZED or NOT ODORIZED in letters not less than
6.3 mm (0.25 inches) in height near the marked proper shipping name
required by paragraph (a) of this section.
0
26. In Sec. 172.323, paragraph (a) introductory text is revised to
read as follows:
Sec. 172.323 Infectious substances.
(a) In addition to other requirements of this subpart, a bulk
packaging containing a regulated medical waste, as defined in Sec.
173.134(a)(5) of this subchapter, must be marked with a BIOHAZARD
marking conforming to 29 CFR 1910.1030(g)(1)(i)--
* * * * *
0
27. In Sec. 172.400a, paragraph (d) is revised to read as follows:
Sec. 172.400a Exceptions from labeling.
* * * * *
(d) A package containing a material poisonous by inhalation (see
Sec. 171.8 of this subchapter) in a closed transport vehicle or
freight container may be excepted from the POISON INHALATION HAZARD or
POISON GAS label or placard, under the conditions set forth in Sec.
171.23(b)(10) of this subchapter.
0
28. In Sec. 172.402, paragraph (b) is revised to read as follows:
Sec. 172.402 Additional labeling requirements.
* * * * *
(b) Display of hazard class on labels. The appropriate hazard class
or division number must be displayed in the lower corner of a primary
hazard label and a subsidiary hazard label.
* * * * *
Sec. 172.432 [Amended]
0
29. In Sec. 172.432, in paragraph (c) the wording ``September 30,
2011'' is removed and the wording ``August 18, 2011'' is added in its
place.
Sec. 172.446 [Amended]
0
30. In Sec. 172.446, in paragraph (c) the wording ``September 30,
2011'' is removed and the wording ``August 18, 2011'' is added in its
place.
0
31. In Sec. 172.512, paragraph (b) is revised to read as follows:
Sec. 172.512 Freight containers and aircraft unit load devices.
* * * * *
(b) Capacity less than 18 m 3 (640 cubic feet). (1) Each person who
offers for transportation by air, and each person who loads and
transports by air, a hazardous material in a freight container or
aircraft unit load device having a capacity of less than 18 m\3\ (640
cubic feet) shall affix one placard of the type specified by paragraph
(a) of this section unless the freight container or aircraft unit load
device:
(i) Is labeled in accordance with subpart E of this part, including
Sec. 172.406(e);
(ii) Contains radioactive materials requiring the Radioactive
Yellow III label and is placarded with one Radioactive placard and is
labeled in accordance with subpart E of this part, including Sec.
172.406(e); or,
(iii) Is identified as containing a hazardous material in the
manner provided in part 7, chapter 2, section 2.7, of the ICAO
Technical Instructions.
(2) When hazardous materials are offered for transportation, not
involving air transportation, in a freight container having a capacity
of less than 640 cubic feet the freight container need not be
placarded. However, if not placarded, it must be labeled in accordance
with subpart E of this part.
* * * * *
0
32. In Sec. 172.519, paragraph (b)(4) and the last sentence in
paragraph (f) are revised to read as follows:
Sec. 172.519 General specifications for placards.
* * * * *
(b) * * *
(4) For a placard corresponding to the primary or subsidiary hazard
class of a material, the hazard class or division number must be
displayed in the lower corner of the placard. However, a permanently
affixed subsidiary placard meeting the specifications of this section
which were in effect on October 1, 2001, (such as, a placard without
the hazard class or division number displayed in the lower corner of
the placard) and which was installed prior to September 30, 2001, may
continue to be used as a subsidiary placard in domestic transportation
by rail or highway, provided the color tolerances are maintained and
are in accordance with the display requirements in this subchapter.
* * * * *
(f) * * * However, a bulk packaging, transport vehicle, or freight
container containing a material poisonous by inhalation (see Sec.
171.8 of this subchapter) must be placarded in accordance with this
subpart (see Sec. 171.23(b)(10) of this subchapter).
* * * * *
0
33. In Sec. 172.704, paragraph (a)(4) is revised to read as follows:
Sec. 172.704 Training requirements.
(a) * * *
(4) Security awareness training. Each hazmat employee must receive
training that provides an awareness of security risks associated with
hazardous materials transportation and methods designed to enhance
transportation security. This training must also include a component
covering how to recognize and respond to possible security threats. New
hazmat employees must receive the security awareness training required
by this paragraph within 90 days after employment.
* * * * *
0
34. In Sec. 172.800, paragraph (b)(15) is revised to read as follows:
Sec. 172.800 Purpose and applicability.
* * * * *
(b) * * *
(15) International Atomic Energy Agency (IAEA) Code of Conduct
Category 1 and 2 materials including Highway Route Controlled
quantities as defined in 49 CFR 173.403 or known radionuclides in forms
listed as RAM-QC by the Nuclear Regulatory Commission;
* * * * *
0
35. In Sec. 172.820, paragraphs (b) introductory text and (f) are
revised to read as follows:
Sec. 172.820 Additional planning requirements for transportation by
rail.
* * * * *
(b) Not later than 90 days after the end of each calendar year, a
rail carrier must compile commodity data for the previous calendar year
for the materials listed in paragraph (a) of this section. The
following stipulations apply to data collected:
* * * * *
(f) Completion of route analysis. (1) The rail transportation route
analysis, alternative route analysis, and route selection process
required under paragraphs (c), (d), and (e) of this section must be
completed no later than the end of the calendar year following the year
to which the analyses apply.
(2) The initial analysis and route selection determinations
required under paragraphs (c), (d), and (e) of this
[[Page 56315]]
section must include a comprehensive review of the entire system.
Subse
