Hazardous Materials: Miscellaneous Amendments; Response to Appeals; Corrections, 81396-81400 [2011-33193]
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Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 / Rules and Regulations
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
V. Congressional Review Act
‘‘Sugarcane, cane’’ and ‘‘Sugarcane,
molasses’’ by revising the expiration
dates ‘‘12/31/11’’ to read ‘‘12/31/2014.’’
§ 180.607
[Amended]
5. In § 180.607, in the table to
paragraph (b), amend the entries for
‘‘Soybean, forage’’, ‘‘Soybean, hay’’, and
‘‘Soybean, seed’’ by revising the
expiration dates ‘‘12/31/11’’ to read ‘‘12/
31/2014.’’
■
§ 180.617
6. In § 180.617, in the table to
paragraph (b), amend the entries for
‘‘Sugarcane, cane’’ and ‘‘Sugarcane,
molasses’’ by revising the expiration
dates ‘‘12/31/11’’ to read ‘‘12/31/2014.’’
[FR Doc. 2011–33250 Filed 12–27–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 172 and 173
[Docket No. PHMSA–2009–0151(HM–218F)]
List of Subjects in 40 CFR Part 180
RIN 2137–AE84
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Hazardous Materials: Miscellaneous
Amendments; Response to Appeals;
Corrections
Dated: December 13, 2011.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
§ 180.184
[Amended]
2. In § 180.184, in the table to
paragraph (b), amend the entry for
‘‘Lentil’’ by revising the expiration date
‘‘12/31/2011’’ to read ‘‘12/31/2014.’’
■
§ 180.377
[Amended]
3. In § 180.377, in the table to
paragraph (b), amend the entries for
‘‘Alfalfa, forage’’’ and ‘‘Alfalfa, hay’’ by
revising the expiration dates ‘‘12/31/11’’
to read ‘‘12/31/2014.’’
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■
§ 180.582
[Amended]
4. In § 180.582, in the table to
paragraph (b), amend the entries for
■
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Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Correcting amendments.
AGENCY:
On July 20, 2011, PHMSA
published a final rule under Docket
Number PHMSA–2009–0151 (HM–
218F) making miscellaneous
amendments to the Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180). The amendments made by PHMSA
in the July 20, 2011 final rule promote
safer transportation practices; eliminate
unnecessary regulatory requirements;
finalize outstanding petitions for
rulemaking; facilitate international
commerce; and simplify the regulations.
This final rule corrects errors in the
pictorial display of labels, eliminates
references to transitional provisions that
were previously removed from the
HMR, clarifies shipping paper
amendments, corrects an editorial error,
and extends the effective date of certain
shipping paper amendments adopted in
the July 20, 2011 final rule.
DATES: These correcting amendments
are effective December 28, 2011. A
delayed compliance date of August 19,
2012 is authorized for shipping paper
amendments in this final rule.
SUMMARY:
Therefore, 40 CFR chapter I is
amended as follows:
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Deborah L. Boothe, Standards and
Rulemaking Division, (202) 366–8553,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
I. Background
A. Notice of Proposed Rulemaking
[Amended]
■
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
FOR FURTHER INFORMATION CONTACT:
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On September 29, 2010, PHMSA
published a Notice of Proposed
Rulemaking (NPRM) under this docket
HM–218F (74 FR 16135). The NPRM
proposed amendments to the Hazardous
Materials Regulations (HMR; 49 CFR
parts 171–180) based on PHMSA
initiatives and petitions for rulemaking
submitted in accordance with 49 CFR
106.95. The amendments proposed in
the NPRM were intended to provide
relief to industry by eliminating,
revising, clarifying, or relaxing
regulatory requirements.
The comment period for the NPRM
closed on November 29, 2010. Eleven
commenters provided comments in
response to the NPRM. PHMSA received
comments from the following
companies, and organizations:
• United Parcel Service (UPS)
• Worthington Cylinder Corporation
(Worthington)
• Veolia Environmental Services
• Institute of Makers of Explosives
(IME)
• PPG Industries, Inc.
• Barlen and Associates, Inc.
• Arrowhead Industrial Services
USA, Inc.
• New England Fuel Institute
• Stericycle, Inc.
• Truck Trailer Manufacturers
Association (TTMA)
• American Trucking Associations
(ATA)
B. Final Rule
On July 20, 2011, PHMSA issued a
final rule titled ‘‘Hazardous Materials:
Miscellaneous Amendments’’ under
Docket Number PHMSA–2009–
0151(HM–218F) (76 FR 43510)
amending the Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180) by making miscellaneous
amendments to update and clarify
certain regulatory requirements. Based
on an assessment of the proposed
changes and the comments received,
PHMSA’s July 20, 2011 final rule
covered the following topics:
• Materials incorporated by reference
• Definition of ‘‘person’’
• Consolidation bins
• Transitional provisions
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• Reporting infectious substances
incidents
• Hazard communication for IBCs
• Hazardous Materials Table
Revisions
• Hazard Communication
• Exclusive use vehicles for regulated
medical waste (RMW)
• Fireworks
• Explosives
• Rail Transloading Operations
• Cylinders
• Cargo Tanks
• Permeation Devices
• Alcoholic beverage exception
• Special Permits
• Lab Packs
• Batteries containing sodium or cells
containing sodium
II. Appeals to the Final Rule
A. List of Appellants
In this final rule, we respond to
appeals submitted in response to the
July 20, 2011 final rule. The following
organizations submitted appeals:
• The Dangerous Goods Advisory
Council (DGAC)
• Council on Safe Transportation of
Hazardous Articles, Inc. (COSTHA)
• Dangerous Goods Management USA
Atlanta (DGM USA Atlanta)
• Bureau of Explosives (BOE)
Publications.
B. Discussion of Appeals by Section
The specific concerns raised by the
appellants are outlined below by
section:
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Section 172.203
Section 172.203 of the HMR provides
additional shipping paper description
requirements for hazardous materials.
On May 30, 2005, PHMSA received a
petition for rulemaking from the
Association of American Railroads
(petition number P–1456; Docket
Number PHMSA–2005–21198)
requesting that we require shipping
papers to include a notation for
shipments of non-odorized liquefied
petroleum gas (LPG). Due to safety risks
posed by non-odorized LPG, PHMSA
agreed with the petition.
On September 29, 2010, PHMSA
published a Notice of Proposed
Rulemaking (NPRM) (74 FR 16135)
proposing to incorporate the AAR
petition. To ensure that emergency
responders are made aware when a
shipment of LPG is not odorized,
PHMSA proposed to add a new
paragraph (p) to § 172.203 to require the
words ‘‘non-odorized’’ to precede the
proper shipping name when a nonodorized LPG is offered for
transportation. PHMSA received one
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comment from New England Fuel
Institute (NEFI) supporting this
proposed amendment. PHMSA received
no comments opposing the requirement.
On July 29, 2011, DGAC submitted an
appeal addressing the new § 172.203(p).
In its appeal, DGAC requests that
PHMSA provide a delayed compliance
date for the amendment; authorize the
wording to be located in association
with the proper shipping description
(rather than preceding) to facilitate
international commerce; and, consistent
with §§ 172.328(d) and 172.330(c),
authorize the use of the words ‘‘notodorized’’ or ‘‘non-odorized.’’
DGAC indicates that persons with
preprinted shipping papers will need
more time beyond the August 19, 2011
effective date of the July 20, 2011 final
rule to comply with the new
§ 172.203(p). DGAC’s requests at least a
one-year transition period for
compliance to be fully accomplished.
We agree. Section 172.101(l)(1)(ii)
provides delayed compliance of up to
one year from the effective date of the
rule. This ensures that individuals are
provided sufficient time to deplete
existing stocks of preprinted shipping
papers and package markings.
Therefore, this preamble discussion
clarifies that mandatory compliance
with the provision in new § 172.203(p)
is delayed until August 19, 2012.
Further, PHMSA is correcting the final
rule to clarify that the words ‘‘notodorized’’ or ‘‘non-odorized’’ may be
used and must be located in association
with the proper shipping description.
Sections 172.432 and 172.446
Section 172.432 describes the
INFECTIOUS SUBSTANCE label size
and color and provides an illustration of
how it must appear. References to the
Centers for Disease Control (CDC) are no
longer required on this label. Therefore,
in the September 29, 2010 NPRM,
PHMSA proposed to remove the text
that refers to the CDC on the label. The
text states ‘‘In U.S.A. Notify Director—
CDC, Atlanta, GA 1–(800) 232–0124.’’
PHMSA proposed to allow three years
from the effective date of the final rule
to use up existing stocks of preprinted
labels. PHMSA received no comments
on this proposed amendment and
adopted it as proposed in the July 20,
2011 final rule.
Section 172.446 describes the Class 9
(miscellaneous hazardous materials)
label specifications, including size,
color, and an illustration. The
illustration in § 172.446 shows a thin,
horizontal line running across the label
at its midpoint (just at the bottom of the
vertical black bars). The line does not
exist in the International Civil Aviation
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Organization (ICAO) Technical
Instructions or the International
Maritime Dangerous Good (IMDG) Code.
The difference has resulted in some
international shipments being relabeled
in transit, causing delays. In an effort to
avoid continued frustrated or delayed
shipments, PHMSA proposed, in the
September 29, 2010 NPRM, to revise the
Class 9 (miscellaneous hazardous
materials) label specifications by
removing the horizontal line running
across the label at its midpoint. PHMSA
proposed a three-year transition period
from the effective date of the final rule
to deplete existing stocks. PHMSA
received one comment from the United
Parcel Service, Inc. supporting the
amendment for its potential to eliminate
shipment delays. Therefore, in the July
20, 2011 final rule the amendment was
adopted as proposed.
On August 5, 2011, COSTHA
submitted an appeal expressing
concerns about the redesigned
INFECTIOUS SUBSTANCE and Class 9
(miscellaneous hazardous materials)
labels and continued lack of consistency
with the international labels. COSTHA
also expressed concerns regarding the
August 19, 2011 effective date of the
final rule. COSTHA expressed concern
that because the text in the
INFECTIOUS SUBSTANCE label is
located in the center of the label instead
of just below the center line, as
currently shown in the HMR, would
create problems when shipping
internationally. COSTHA requests
PHMSA relocate the text below the
center line of the label to avoid
problems when shipping
internationally. Additionally, COSTHA
is appealing the Class 9 label design
stating that the vertical bars on either
side of the label are incorrectly shown
in the label illustration. PHMSA agrees
with COSTHA’s appeal and is correcting
the INFECTIOUS SUBSTANCE and
Class 9 (miscellaneous hazardous
materials) label designs, as requested, in
this final rule.
COSTHA also expressed concerns
regarding the August 19, 2011 effective
date of the final rule and the September
30, 2011 grandfather date for use of
labels previously in effect. PHMSA
agrees with COSTHA’s appeal. PHMSA
corrected the compliance date under a
final rule titled, ‘‘Hazardous Materials:
Minor Editorial Corrections and
Clarifications,’’ issued on September 13,
2011 under docket PHMSA–2011–0134
(HM–244D) (76 FR 56304). The
September 13, 2011 final rule amended
the compliance date for the
INFECTIOUS SUBSTANCE and Class 9
(miscellaneous hazardous materials)
labels to authorize labels in effect on
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will address the concerns raised by
DGM’s appeal in a future rulemaking.
Section 173.32
Section 173.32 prescribes
requirements for the use of portable
tanks. As amended by the July 20, 2011
final rule, the transitional provisions in
§ 171.14 were removed and relocated to
the appropriate section. However,
PHMSA did not remove the text ‘‘(see
§ 171.14(d)(4) for transitional provisions
applicable to T codes)’’ in § 173.32(c)(2).
Therefore, we are correcting the section
by removing this reference to
§ 171.14(d)(4) transitional provisions for
T codes.
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August 18, 2011 to continue to be used
until January 1, 2014.
Section 174.104
Section 175.10
Section 175.10 specifies the
conditions for which passengers, crew
members, or an operator may carry
hazardous materials aboard an aircraft.
In an international harmonization final
rule published on January 19, 2011
(Docket PHMSA–2009–0126) (76 FR
3308), PHMSA added a new paragraph
(a)(17) to permit a mobility aid such as
a wheelchair, containing a lithium ion
battery, to be transported in accordance
with specific conditions. Since
publication of the January 19, 2011 final
rule, PHMSA has noted an
inconsistency between the requirements
of the ICAO Technical Instructions and
the requirements of the HMR in relation
to the acceptance of lithium battery
powered mobility aids for transportation
by aircraft. In particular, the HMR
require the removal of the battery under
certain conditions prior to
transportation by aircraft. It is not our
intent to be inconsistent with the
requirements of the ICAO Technical
Instructions in this regard. Thus, in the
July 20, 2011 final rule, we corrected the
inconsistency in § 175.10(a)(17) to
clearly indicate that batteries are not
required to be removed.
However, on August 29, 2011 PHMSA
received an appeal from DGM USA
Atlanta stating this amendment
continues to be inconsistent with
international standards. DGM indicates
that batteries should not be removed if
not necessary as many wheelchair and
mobility aid manufacturers design the
devices so that the batteries are not
accessible and are constructed to
prevent the battery from being removed.
DGM requests PHMSA fully adopt the
current ICAO Technical Instructions
language in order to harmonize and
reduce complexity of compliance with
the regulations.
PHMSA considers this requested
change outside the scope of this
rulemaking. Nonetheless, PHMSA
believes that the request has merit and
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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) where the
year on the certificate is referred to as
‘‘19__’’ to update it to reflect the year
‘‘20__.’’ This update to the certificate
was not included in the corrections and
clarifications in the final rule, Docket
No. PHMSA–2011–0134 (HM–244D),
Minor Editorial Corrections and
Clarifications, published September 13,
2011 (76 FR 56304).
III. Corrections and Amendments
As indicated above, based on appeals
submitted to the July 20, 2011 final rule,
this final rule is:
1. Clarifying that the shipping paper
amendments adopted in the July 20,
2011 final rule are provided a delayed
compliance date of August 19, 2012
based on the provisions in
§ 172.101(l)(l)(ii);
2. Correcting the shipping paper
amendments to allow the use of the
words ‘‘not- odorized’’ or ‘‘nonodorized’’ in association with the proper
shipping description for non odorized
LPG shipments;
3. Revising the erroneous display of
the Class 9 (miscellaneous hazardous
materials) label by correcting the width
of the vertical lines on either side of the
label in the graphic display;
4. Revising the erroneous display of
the INFECTIOUS SUBSTANCE label by
moving the text below the center line of
the label; and
5. Correcting § 173.32(c)(2) by
removing the reference to ‘‘(see
§ 171.14(d)(4) for transitional provisions
applicable to T codes).’’
6. Correcting § 174.104(f) by removing
the references to the year ‘‘19__’’ on the
certificate to the year ‘‘20_.’’
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This
Rulemaking
1. This final rule is published under
authority of Federal hazardous materials
transportation law (Federal hazmat law;
49 U.S.C. 5101 et seq.). Section 5103(b)
of Federal hazmat law authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, hazardous materials
in intrastate, interstate, and foreign
commerce.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
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that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities.
B. Executive Order 12866, Executive
Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) Executive Order 12866 and,
therefore, was not reviewed by the
Office of Management and Budget
(OMB). The final rule is not considered
a significant rule under the Regulatory
Policies and Procedures order issued by
the U.S. Department of Transportation
(44 FR 11034).
Executive Orders 12866 and 13563
require agencies to regulate in the ‘‘most
cost-effective manner,’’ to make a
‘‘reasoned determination that the
benefits of the intended regulation
justify its costs,’’ and to develop
regulations that ‘‘impose the least
burden on society.’’ As discussed in this
rulemaking, PHMSA amends various
provisions in the HMR to clarify the
provisions and to relax overly
burdensome requirements. This final
rule responds to appeals from industry
associations to correct the label pictorial
displays and extend the effective date of
the shipping paper amendments.
PHMSA anticipates the amendments
contained in this rule generate
economic benefits to the regulated
community. This final rule is designed
to increase the clarity of the HMR,
thereby increasing voluntary
compliance while reducing compliance
costs.
C. Executive Order 13132
This final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
would preempt state, local and Indian
tribe requirements but does not propose
any regulation that 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. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
This final rule concerns the
classification, packaging, marking,
labeling, and handling of hazardous
materials, among other covered subjects.
As adopted, this rule preempts any
state, local, or Indian tribe requirements
concerning these subjects unless the
non-Federal requirements are
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‘‘substantively the same’’ (see 49 CFR
107.202(d) as the Federal requirements.)
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’’).
Since this final rule does not have tribal
implications and does not impose
substantial direct compliance costs on
Indian tribal governments, the funding
and consultation requirements of
Executive Order 13175 do not apply,
and a tribal summary impact statement
is not required.
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E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
review regulations to assess their impact
on small entities unless the agency
determines the rule is not expected to
have a significant impact on a
substantial number of small entities.
This final rule would respond to
appeals and correct label pictorial
displays and extend the effective date of
the shipping paper amendments from
the July 20, 2011 final rule.
Consideration of alternative proposals
for small businesses. The Regulatory
Flexibility Act directs agencies to
establish exceptions and differing
compliance standards for small
businesses, where it is possible to do so
and still meet the objectives of
applicable regulatory statutes. In the
case of hazardous materials
transportation, it is not possible to
establish exceptions or differing
standards and still accomplish our
safety objectives.
The impact of this final rule is not
expected to be significant. The changes
are generally intended to provide relief
to shippers, carriers, and packaging
manufacturers and testers, including
small entities. The majority of entities
affected by this rule are small entities.
Although the rule will create less
burden, the overall effect of this positive
change is not significant. Therefore, this
final rule will not have a significant
economic impact on a substantial
number of small entities.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
procedures and policies to promote
compliance with the Regulatory
Flexibility Act to ensure that potential
impacts of draft rules on small entities
are properly considered.
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F. Paperwork Reduction Act
This final rule imposes no new
information collection and
recordkeeping requirements.
published on April 11, 2000 (65 FR
19477) or you may visit https://
www.regulations.gov/search/footer/
privacyanduse.jsp.
G. 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.
K. International Trade Analysis
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing any standards or
engaging in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standards have a
legitimate domestic objective, such as
the protection of safety, and do not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. PHMSA notes the
purpose is to ensure the safety of the
American public, and has assessed the
effects of this rule to ensure that it does
not exclude imports that meet this
objective. As a result, this rule is not
considered as creating an unnecessary
obstacle to foreign commerce.
H. Unfunded Mandates Reform Act
This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141,300,000 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 objective of the rule.
I. Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA) requires Federal
agencies to consider the consequences
of major Federal actions and prepare a
detailed statement on actions
significantly affecting the quality of the
human environment. In the July 20,
2011 final rule, we developed an
assessment to determine the effects of
these revisions on the environment and
whether a more comprehensive
environmental impact statement may be
required. Our findings conclude that
there are no significant environmental
impacts associated with this final rule.
The amendments are intended to:
Update, clarify, or provide relief from
certain existing regulatory requirements
to promote safer transportation
practices; eliminate unnecessary
regulatory requirements; finalize
outstanding petitions for rulemaking;
facilitate international commerce; and
make these requirements easier to
understand. For interested parties, a
detailed environmental assessment is
included with the July 20, 2011 final
rule available in the public docket.
J. Privacy Act
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
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List of Subjects
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Markings, Packaging and
containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, 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.
Accordingly, 49 CFR parts 172, 173,
and 174 are corrected by making the
following correcting amendments:
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
1. The authority citation for Part 172
continues to read as follows:
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Authority: 49 U.S.C. 5101–5128, 44701; 49
1.53.
■
■
2. In § 172.203, paragraph (p) is
revised to read as follows:
§ 172.446
§ 172.203 Additional description
requirements.
(a) Except for size and color, the
‘‘CLASS 9’’ (miscellaneous hazardous
materials) label must be as follows:
*
*
*
*
*
(p) Liquefied petroleum gas (LPG).
The word ‘‘non-odorized’’ or ‘‘notodorized’’ must be included in
association with the proper shipping
description on a shipping paper when
non-odorized liquefied petroleum gas is
offered for transportation.
■ 3. In § 172.432, paragraph (a) is
revised to read as follows:
§ 172.432
4. In § 172.446, paragraph (a) is
revised to read as follows:
PART 174—CARRIAGE BY RAIL
7. The authority citation for part 174
continues to read as follows:
■
CLASS 9 label.
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
§ 174.104
[Amended]
8. In § 174.104, in paragraph (f), each
reference to the year ‘‘19__’’ on the
certificate is removed and replaced with
the year ‘‘20__.’’
■
Issued in Washington, DC, on December
21, 2011 under authority delegated in 49 CFR
part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
INFECTIOUS SUBSTANCE label.
(a) Except for size and color, the
INFECTIOUS SUBSTANCE label must
be as follows:
[FR Doc. 2011–33193 Filed 12–27–11; 8:45 am]
BILLING CODE 4910–60–P
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
5. The authority citation for part 173
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45 and 1.53.
6. In § 173.32, in paragraph (c)(2), the
wording ‘‘(see § 171.14(d)(4) for
transitional provisions applicable to T
codes)’’ is removed.
■
*
*
*
ER28DE11.007</GPH>
*
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17:19 Dec 27, 2011
Jkt 226001
PO 00000
Frm 00042
Fmt 4700
Sfmt 9990
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28DER1
ER28DE11.006</GPH>
mstockstill on DSK4VPTVN1PROD with RULES
*
]]>Agencies
[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Rules and Regulations]
[Pages 81396-81400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33193]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172 and 173
[Docket No. PHMSA-2009-0151(HM-218F)]
RIN 2137-AE84
Hazardous Materials: Miscellaneous Amendments; Response to
Appeals; Corrections
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On July 20, 2011, PHMSA published a final rule under Docket
Number PHMSA-2009-0151 (HM-218F) making miscellaneous amendments to the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). The
amendments made by PHMSA in the July 20, 2011 final rule promote safer
transportation practices; eliminate unnecessary regulatory
requirements; finalize outstanding petitions for rulemaking; facilitate
international commerce; and simplify the regulations. This final rule
corrects errors in the pictorial display of labels, eliminates
references to transitional provisions that were previously removed from
the HMR, clarifies shipping paper amendments, corrects an editorial
error, and extends the effective date of certain shipping paper
amendments adopted in the July 20, 2011 final rule.
DATES: These correcting amendments are effective December 28, 2011. A
delayed compliance date of August 19, 2012 is authorized for shipping
paper amendments in this final rule.
FOR FURTHER INFORMATION CONTACT: Deborah L. Boothe, Standards and
Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
A. Notice of Proposed Rulemaking
On September 29, 2010, PHMSA published a Notice of Proposed
Rulemaking (NPRM) under this docket HM-218F (74 FR 16135). The NPRM
proposed amendments to the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180) based on PHMSA initiatives and petitions for rulemaking
submitted in accordance with 49 CFR 106.95. The amendments proposed in
the NPRM were intended to provide relief to industry by eliminating,
revising, clarifying, or relaxing regulatory requirements.
The comment period for the NPRM closed on November 29, 2010. Eleven
commenters provided comments in response to the NPRM. PHMSA received
comments from the following companies, and organizations:
United Parcel Service (UPS)
Worthington Cylinder Corporation (Worthington)
Veolia Environmental Services
Institute of Makers of Explosives (IME)
PPG Industries, Inc.
Barlen and Associates, Inc.
Arrowhead Industrial Services USA, Inc.
New England Fuel Institute
Stericycle, Inc.
Truck Trailer Manufacturers Association (TTMA)
American Trucking Associations (ATA)
B. Final Rule
On July 20, 2011, PHMSA issued a final rule titled ``Hazardous
Materials: Miscellaneous Amendments'' under Docket Number PHMSA-2009-
0151(HM-218F) (76 FR 43510) amending the Hazardous Materials
Regulations (HMR; 49 CFR parts 171-180) by making miscellaneous
amendments to update and clarify certain regulatory requirements. Based
on an assessment of the proposed changes and the comments received,
PHMSA's July 20, 2011 final rule covered the following topics:
Materials incorporated by reference
Definition of ``person''
Consolidation bins
Transitional provisions
[[Page 81397]]
Reporting infectious substances incidents
Hazard communication for IBCs
Hazardous Materials Table Revisions
Hazard Communication
Exclusive use vehicles for regulated medical waste (RMW)
Fireworks
Explosives
Rail Transloading Operations
Cylinders
Cargo Tanks
Permeation Devices
Alcoholic beverage exception
Special Permits
Lab Packs
Batteries containing sodium or cells containing sodium
II. Appeals to the Final Rule
A. List of Appellants
In this final rule, we respond to appeals submitted in response to
the July 20, 2011 final rule. The following organizations submitted
appeals:
The Dangerous Goods Advisory Council (DGAC)
Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA)
Dangerous Goods Management USA Atlanta (DGM USA Atlanta)
Bureau of Explosives (BOE) Publications.
B. Discussion of Appeals by Section
The specific concerns raised by the appellants are outlined below
by section:
Section 172.203
Section 172.203 of the HMR provides additional shipping paper
description requirements for hazardous materials. On May 30, 2005,
PHMSA received a petition for rulemaking from the Association of
American Railroads (petition number P-1456; Docket Number PHMSA-2005-
21198) requesting that we require shipping papers to include a notation
for shipments of non-odorized liquefied petroleum gas (LPG). Due to
safety risks posed by non-odorized LPG, PHMSA agreed with the petition.
On September 29, 2010, PHMSA published a Notice of Proposed
Rulemaking (NPRM) (74 FR 16135) proposing to incorporate the AAR
petition. To ensure that emergency responders are made aware when a
shipment of LPG is not odorized, PHMSA proposed to add a new paragraph
(p) to Sec. 172.203 to require the words ``non-odorized'' to precede
the proper shipping name when a non-odorized LPG is offered for
transportation. PHMSA received one comment from New England Fuel
Institute (NEFI) supporting this proposed amendment. PHMSA received no
comments opposing the requirement.
On July 29, 2011, DGAC submitted an appeal addressing the new Sec.
172.203(p). In its appeal, DGAC requests that PHMSA provide a delayed
compliance date for the amendment; authorize the wording to be located
in association with the proper shipping description (rather than
preceding) to facilitate international commerce; and, consistent with
Sec. Sec. 172.328(d) and 172.330(c), authorize the use of the words
``not-odorized'' or ``non-odorized.''
DGAC indicates that persons with preprinted shipping papers will
need more time beyond the August 19, 2011 effective date of the July
20, 2011 final rule to comply with the new Sec. 172.203(p). DGAC's
requests at least a one-year transition period for compliance to be
fully accomplished. We agree. Section 172.101(l)(1)(ii) provides
delayed compliance of up to one year from the effective date of the
rule. This ensures that individuals are provided sufficient time to
deplete existing stocks of preprinted shipping papers and package
markings. Therefore, this preamble discussion clarifies that mandatory
compliance with the provision in new Sec. 172.203(p) is delayed until
August 19, 2012. Further, PHMSA is correcting the final rule to clarify
that the words ``not-odorized'' or ``non-odorized'' may be used and
must be located in association with the proper shipping description.
Sections 172.432 and 172.446
Section 172.432 describes the INFECTIOUS SUBSTANCE label size and
color and provides an illustration of how it must appear. References to
the Centers for Disease Control (CDC) are no longer required on this
label. Therefore, in the September 29, 2010 NPRM, PHMSA proposed to
remove the text that refers to the CDC on the label. The text states
``In U.S.A. Notify Director--CDC, Atlanta, GA 1-(800) 232-0124.'' PHMSA
proposed to allow three years from the effective date of the final rule
to use up existing stocks of preprinted labels. PHMSA received no
comments on this proposed amendment and adopted it as proposed in the
July 20, 2011 final rule.
Section 172.446 describes the Class 9 (miscellaneous hazardous
materials) label specifications, including size, color, and an
illustration. The illustration in Sec. 172.446 shows a thin,
horizontal line running across the label at its midpoint (just at the
bottom of the vertical black bars). The line does not exist in the
International Civil Aviation Organization (ICAO) Technical Instructions
or the International Maritime Dangerous Good (IMDG) Code. The
difference has resulted in some international shipments being relabeled
in transit, causing delays. In an effort to avoid continued frustrated
or delayed shipments, PHMSA proposed, in the September 29, 2010 NPRM,
to revise the Class 9 (miscellaneous hazardous materials) label
specifications by removing the horizontal line running across the label
at its midpoint. PHMSA proposed a three-year transition period from the
effective date of the final rule to deplete existing stocks. PHMSA
received one comment from the United Parcel Service, Inc. supporting
the amendment for its potential to eliminate shipment delays.
Therefore, in the July 20, 2011 final rule the amendment was adopted as
proposed.
On August 5, 2011, COSTHA submitted an appeal expressing concerns
about the redesigned INFECTIOUS SUBSTANCE and Class 9 (miscellaneous
hazardous materials) labels and continued lack of consistency with the
international labels. COSTHA also expressed concerns regarding the
August 19, 2011 effective date of the final rule. COSTHA expressed
concern that because the text in the INFECTIOUS SUBSTANCE label is
located in the center of the label instead of just below the center
line, as currently shown in the HMR, would create problems when
shipping internationally. COSTHA requests PHMSA relocate the text below
the center line of the label to avoid problems when shipping
internationally. Additionally, COSTHA is appealing the Class 9 label
design stating that the vertical bars on either side of the label are
incorrectly shown in the label illustration. PHMSA agrees with COSTHA's
appeal and is correcting the INFECTIOUS SUBSTANCE and Class 9
(miscellaneous hazardous materials) label designs, as requested, in
this final rule.
COSTHA also expressed concerns regarding the August 19, 2011
effective date of the final rule and the September 30, 2011 grandfather
date for use of labels previously in effect. PHMSA agrees with COSTHA's
appeal. PHMSA corrected the compliance date under a final rule titled,
``Hazardous Materials: Minor Editorial Corrections and
Clarifications,'' issued on September 13, 2011 under docket PHMSA-2011-
0134 (HM-244D) (76 FR 56304). The September 13, 2011 final rule amended
the compliance date for the INFECTIOUS SUBSTANCE and Class 9
(miscellaneous hazardous materials) labels to authorize labels in
effect on
[[Page 81398]]
August 18, 2011 to continue to be used until January 1, 2014.
Section 173.32
Section 173.32 prescribes requirements for the use of portable
tanks. As amended by the July 20, 2011 final rule, the transitional
provisions in Sec. 171.14 were removed and relocated to the
appropriate section. However, PHMSA did not remove the text ``(see
Sec. 171.14(d)(4) for transitional provisions applicable to T codes)''
in Sec. 173.32(c)(2). Therefore, we are correcting the section by
removing this reference to Sec. 171.14(d)(4) transitional provisions
for T codes.
Section 175.10
Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. In an international harmonization final rule published on
January 19, 2011 (Docket PHMSA-2009-0126) (76 FR 3308), PHMSA added a
new paragraph (a)(17) to permit a mobility aid such as a wheelchair,
containing a lithium ion battery, to be transported in accordance with
specific conditions. Since publication of the January 19, 2011 final
rule, PHMSA has noted an inconsistency between the requirements of the
ICAO Technical Instructions and the requirements of the HMR in relation
to the acceptance of lithium battery powered mobility aids for
transportation by aircraft. In particular, the HMR require the removal
of the battery under certain conditions prior to transportation by
aircraft. It is not our intent to be inconsistent with the requirements
of the ICAO Technical Instructions in this regard. Thus, in the July
20, 2011 final rule, we corrected the inconsistency in Sec.
175.10(a)(17) to clearly indicate that batteries are not required to be
removed.
However, on August 29, 2011 PHMSA received an appeal from DGM USA
Atlanta stating this amendment continues to be inconsistent with
international standards. DGM indicates that batteries should not be
removed if not necessary as many wheelchair and mobility aid
manufacturers design the devices so that the batteries are not
accessible and are constructed to prevent the battery from being
removed. DGM requests PHMSA fully adopt the current ICAO Technical
Instructions language in order to harmonize and reduce complexity of
compliance with the regulations.
PHMSA considers this requested change outside the scope of this
rulemaking. Nonetheless, PHMSA believes that the request has merit and
will address the concerns raised by DGM's appeal in a future
rulemaking.
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) where the year on the certificate is referred to as ``19----'' to
update it to reflect the year ``20----.'' This update to the
certificate was not included in the corrections and clarifications in
the final rule, Docket No. PHMSA-2011-0134 (HM-244D), Minor Editorial
Corrections and Clarifications, published September 13, 2011 (76 FR
56304).
III. Corrections and Amendments
As indicated above, based on appeals submitted to the July 20, 2011
final rule, this final rule is:
1. Clarifying that the shipping paper amendments adopted in the
July 20, 2011 final rule are provided a delayed compliance date of
August 19, 2012 based on the provisions in Sec. 172.101(l)(l)(ii);
2. Correcting the shipping paper amendments to allow the use of the
words ``not- odorized'' or ``non-odorized'' in association with the
proper shipping description for non odorized LPG shipments;
3. Revising the erroneous display of the Class 9 (miscellaneous
hazardous materials) label by correcting the width of the vertical
lines on either side of the label in the graphic display;
4. Revising the erroneous display of the INFECTIOUS SUBSTANCE label
by moving the text below the center line of the label; and
5. Correcting Sec. 173.32(c)(2) by removing the reference to
``(see Sec. 171.14(d)(4) for transitional provisions applicable to T
codes).''
6. Correcting Sec. 174.104(f) by removing the references to the
year ``19----'' on the certificate to the year ``20--.''
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
1. This final rule is published under authority of Federal
hazardous materials transportation law (Federal hazmat law; 49 U.S.C.
5101 et seq.). Section 5103(b) of Federal hazmat law authorizes the
Secretary of Transportation to prescribe regulations for the safe
transportation, including security, hazardous materials in intrastate,
interstate, and foreign commerce.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities.
B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget (OMB). The final rule
is not considered a significant rule under the Regulatory Policies and
Procedures order issued by the U.S. Department of Transportation (44 FR
11034).
Executive Orders 12866 and 13563 require agencies to regulate in
the ``most cost-effective manner,'' to make a ``reasoned determination
that the benefits of the intended regulation justify its costs,'' and
to develop regulations that ``impose the least burden on society.'' As
discussed in this rulemaking, PHMSA amends various provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. This final rule responds to appeals from industry
associations to correct the label pictorial displays and extend the
effective date of the shipping paper amendments. PHMSA anticipates the
amendments contained in this rule generate economic benefits to the
regulated community. This final rule is designed to increase the
clarity of the HMR, thereby increasing voluntary compliance while
reducing compliance costs.
C. Executive Order 13132
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule would preempt state, local and Indian tribe requirements but
does not propose any regulation that 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. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
This final rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. As adopted, this rule preempts any state, local, or Indian
tribe requirements concerning these subjects unless the non-Federal
requirements are
[[Page 81399]]
``substantively the same'' (see 49 CFR 107.202(d) as the Federal
requirements.)
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''). Since this final rule
does not have tribal implications and does not impose substantial
direct compliance costs on Indian tribal governments, 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
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule would respond to appeals and correct label pictorial
displays and extend the effective date of the shipping paper amendments
from the July 20, 2011 final rule.
Consideration of alternative proposals for small businesses. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses, where it is
possible to do so and still meet the objectives of applicable
regulatory statutes. In the case of hazardous materials transportation,
it is not possible to establish exceptions or differing standards and
still accomplish our safety objectives.
The impact of this final rule is not expected to be significant.
The changes are generally intended to provide relief to shippers,
carriers, and packaging manufacturers and testers, including small
entities. The majority of entities affected by this rule are small
entities. Although the rule will create less burden, the overall effect
of this positive change is not significant. Therefore, this final rule
will not have a significant economic impact on a substantial number of
small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
F. Paperwork Reduction Act
This final rule imposes no new information collection and
recordkeeping requirements.
G. 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.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141,300,000 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 objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. In the July 20, 2011 final rule, we
developed an assessment to determine the effects of these revisions on
the environment and whether a more comprehensive environmental impact
statement may be required. Our findings conclude that there are no
significant environmental impacts associated with this final rule. The
amendments are intended to: Update, clarify, or provide relief from
certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; finalize outstanding petitions for rulemaking; facilitate
international commerce; and make these requirements easier to
understand. For interested parties, a detailed environmental assessment
is included with the July 20, 2011 final rule available in the public
docket.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit https://www.regulations.gov/search/footer/privacyanduse.jsp.
K. International Trade Analysis
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as the protection of safety, and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards. PHMSA
notes the purpose is to ensure the safety of the American public, and
has assessed the effects of this rule to ensure that it does not
exclude imports that meet this objective. As a result, this rule is not
considered as creating an unnecessary obstacle to foreign commerce.
List of Subjects
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
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.
Accordingly, 49 CFR parts 172, 173, and 174 are corrected by making
the following correcting amendments:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
1. The authority citation for Part 172 continues to read as follows:
[[Page 81400]]
Authority: 49 U.S.C. 5101-5128, 44701; 49 1.53.
0
2. In Sec. 172.203, paragraph (p) is revised to read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(p) Liquefied petroleum gas (LPG). The word ``non-odorized'' or
``not-odorized'' must be included in association with the proper
shipping description on a shipping paper when non-odorized liquefied
petroleum gas is offered for transportation.
0
3. In Sec. 172.432, paragraph (a) is revised to read as follows:
Sec. 172.432 INFECTIOUS SUBSTANCE label.
(a) Except for size and color, the INFECTIOUS SUBSTANCE label must
be as follows:
[GRAPHIC] [TIFF OMITTED] TR28DE11.006
* * * * *
0
4. In Sec. 172.446, paragraph (a) is revised to read as follows:
Sec. 172.446 CLASS 9 label.
(a) Except for size and color, the ``CLASS 9'' (miscellaneous
hazardous materials) label must be as follows:
[GRAPHIC] [TIFF OMITTED] TR28DE11.007
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
5. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.
0
6. In Sec. 173.32, in paragraph (c)(2), the wording ``(see Sec.
171.14(d)(4) for transitional provisions applicable to T codes)'' is
removed.
PART 174--CARRIAGE BY RAIL
0
7. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
Sec. 174.104 [Amended]
0
8. In Sec. 174.104, in paragraph (f), each reference to the year
``19----'' on the certificate is removed and replaced with the year
``20----.''
Issued in Washington, DC, on December 21, 2011 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2011-33193 Filed 12-27-11; 8:45 am]
BILLING CODE 4910-60-P
