Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR), 60935-60945 [2012-24263]
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
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Translator and Low Power FM 100 Watt
Interference.’’ As acknowledged by
NJBA, materials in both its Petition and
its Comments relate to the LPFM and
FM translator services. On March 19,
2012, the Commission released a Fifth
Report and Order and Fourth Further
Notice of Proposed Rulemaking in MM
Docket No. 99–25, published at 77 FR
20756, April 6, 2012, a proceeding that
relates specifically to those services.
Given the common subject matter, the
materials in the proceeding that the
NJBA seeks to keep open are applicable
to and may be filed again in ongoing
MM Docket No. 99–25. For this reason,
CGB denies NJBA’s request to keep RM–
11099 open.
4. The UCC requests that the
Commission keep open MB Docket No.
05–6. Although the Termination Public
Notice proposed closing this
proceeding, based upon both the UCC’s
comments and CGB’s additional
evaluation, we find that further action
in the proceeding, which proposes
modification of the Commission’s rules
to make more clear broadcasters’ public
notice of the proposed sale of their
stations, may be required. Accordingly,
CGB will not terminate the proceeding
at this time.
5. As a final matter, although the
Termination Public Notice proposed
closing Rules and Policies Concerning
Attribution of Joint Sales Agreements In
Local Television Markets (MB Docket
No. 04–256) and 1998 Biennial
Regulatory Review—Review of
Accounts Settlement in the Maritime
Mobile and Mobile-Satellite Radio
Services (IB Docket No. 98–96), upon
further sua sponte evaluation, CGB finds
that further action may also be
necessary in these docketed
proceedings. Accordingly, CGB will not
terminate these proceedings at this time.
In addition, the Media Bureau has
concluded that the termination of the
proceeding Retention by Broadcasters of
Program Recordings (MB Docket No.
04–232) will not affect the
Commission’s authority to initiate
enforcement actions, as it deems
appropriate, and accordingly CGB
terminates that proceeding as dormant.
Regulatory Flexibility Act
6. The Commission’s action does not
require notice and comment and is not
subject to the Regulatory Flexibility Act
of 1980, as amended. See 5 U.S.C.
601(2), 603(a). The Commission
nonetheless notes that it anticipates that
the rules adopted will not have a
significant economic impact on a
substantial number of small entities. As
described above, the Commission
primarily changes its own internal
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procedures and organizations and does
not impose substantive new
responsibilities on regulated entities.
There is no reason to believe
termination of certain dormant
proceedings would impose significant
costs on parties to Commission
proceedings. To the contrary, the
Commission takes the actions herein
with the expectation that overall they
will make dealings with the
Commission quicker, easier, and less
costly for entities of all size.
Congressional Review Act
The Commission will not send a copy
of document DA 12–1545 pursuant to
the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A) because the
Commission is not adopting, amending,
revising, or deleting any rules.
Ordering Clauses
Pursuant to sections 1, 4(i), and 4(j),
of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), and (j) and
§ 0.141 of the Commission rules, the
proceedings listed in the Attachment to
DA 12–1545, which can be downloaded
in Word or Portable Document Format
(PDF) at: https://hraunfoss.fcc.gov/
edocs_public/attachmatch/DA-121545A1.doc or https://hraunfoss.fcc.gov/
edocs_public/attachmatch/DA-121545A1.pdf, are terminated.
Federal Communications Commission.
Kris Anne Monteith,
Acting Chief, Consumer and Governmental
Affairs Bureau.
[FR Doc. 2012–24643 Filed 10–4–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 171, 172, 173, 175,
178, and 179
RIN 2137–AE90
[Docket No. PHMSA–2012–0080 (HM–244E)]
Hazardous Materials: Minor Editorial
Corrections and Clarifications (RRR)
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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60935
accuracy and reduce misunderstandings
of the regulations. The amendments
contained in this rule are nonsubstantive changes and do not impose
new requirements.
DATES: Effective: October 5, 2012.
Incorporation by reference date: The
incorporation by reference of certain
publications listed in this rule was
approved by the Director of the Federal
Register as of September 11, 2006.
FOR FURTHER INFORMATION CONTACT: Joan
McIntyre, Standards and Rulemaking
Division, 202–366–8553, PHMSA, East
Building, PHH–10, 1200 New Jersey
Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Review
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the
Rulemaking
B. Executive Orders 12866 and 13563 and
DOT Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272 and DOT Policies and
Procedures
F. Executive Order 13563
G. Unfunded Mandates Reform Act
H. Paperwork Reduction Act
I. Environmental Impact Analysis
J. Regulation Identifier Number (RIN)
K. Privacy Act
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 Code of
Federal Regulations (CFR) references
and citations, inconsistent use of
terminology, misstatements of certain
regulatory requirements, and
inadvertent omissions of information.
Because these amendments do not
impose new requirements, notice and
public comment 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.
Part 107
Section 107.202
This section describes the standards
in 49 U.S.C. 5125 for determining
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preemption of a State, local, or Indian
tribe requirement applicable to the
transportation of hazardous material.
Paragraph 5125(b)(1)(D) was recently
amended in the ‘‘Moving Ahead for
Progress in the 21st Century’’ (MAP–21)
Act (Pub. L. 112–141 § 33006(d), 126
Stat. 835, July 6, 2012) which added the
words ‘‘other written hazardous
materials transportation incident
reporting involving State or local
emergency responders in the initial
response to the incident.’’ Because this
additional language simply sets forth
the wording of the Federal hazardous
material transportation law, it is
considered an editorial change.
Part 171
Section 171.7
Section 171.7, paragraph (a), lists
materials incorporated by reference into
the HMR. In paragraph (a)(3), the tensile
strength of ‘‘1100’’ MPa for the entries
‘‘ISO 9809–1,’’ and ‘‘ISO 9809–2,’’ has
an unnecessary space and reads ‘‘1
100.’’ We are removing this additional
space in this final rule.
Section 171.8
Section 171.8 provides definitions
and abbreviations used throughout the
HMR. We are making two revisions to
this section.
The spelling of the entry for
‘‘Containership’’ is amended by revising
the word to read ‘‘Container ship.’’
Although both spellings are correct, we
are revising the spelling for consistency
throughout the HMR, which should aid
in HMR searches. This is an editorial
change that does not impact any
statements, shipping papers, et cetera.
The last sentence of the definition for
‘‘Hazardous material’’ reads in part,
‘‘and materials that meet the defining
criteria for hazard classes and divisions
in part 173 of subchapter C of this
chapter.’’ For clarification and
consistency with other sections in the
HMR, we are revising the sentence to
read ‘‘and materials that meet the
defining criteria for hazard classes and
divisions in part 173 of this
subchapter.’’
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Part 172
Section 172.101
This section contains the Hazardous
Materials Table (HMT) and explanatory
text for each of the columns in the HMT.
A final rule published on January 19,
2011 [76 FR 3308] under Docket
PHMSA 2009–0126 (HM–215K) entitled
‘‘Hazardous Materials: Harmonization
with the United Nations
Recommendations, International
Maritime Dangerous Goods Code, and
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the International Civil Aviation
Organization Technical Instructions for
the Safe Transport of Dangerous Goods
by Air,’’ revised the § 172.101(c)(10)(i)
instruction for the proper shipping
name description of a mixture or a
solution of a single predominant
hazardous material under certain
conditions. Currently,
§ 172.101(c)(10)(ii) states that if one or
more of the conditions in
§ 172.101(c)(10)(i) is satisfied, a proper
shipping name shall be selected as
prescribed in § 172.101(c)(12)(ii). For
clarification, in this final rule, we are
correcting the citation so that the
sentence reads ‘‘that if one or more of
the conditions in § 172.101(c)(10)(i)(A)
through(F) is satisfied, the proper
shipping name selection process in
§ 172.101(c)(12)(ii) must be used.’’
Section 172.101 The Hazardous
Materials Table
In the HMT, Special Provision B37 is
erroneously applied to Column (7) for
the Packing Group I entry of ‘‘Cyanide
solutions, n.o.s.,’’ UN1935. Special
Provision B37 once applied to ‘‘Nitric
oxide, compressed,’’ but does not
address or apply to cyanide solutions.
Therefore, in this final rule, Special
Provision B37 is being removed from
Column (7) of the HMT for ‘‘Cyanide
solutions, n.o.s.,’’ UN1935. (Also, see
§ 172.102.)
In a final rule published on March 5,
1999 [64 FR 10742] under Docket
Number RSPA–98–4185 (HM–215C)
entitled ‘‘Harmonization with the
United Nations Recommendations,
International Maritime Dangerous
Goods Code, and International Civil
Aviation Organization’s Technical
Instructions,’’ a plus (+) sign was added
to Column (1) of the HMT for the entry
‘‘Aminophenols (o-; m-; p-),’’ UN2512.
During the printing process, the isomers
were inadvertently changed from Italic
font to Roman font. In this final rule, we
are correcting the font to Italic. Words
in italics are not part of the proper
shipping name, but may be used in
addition to the proper shipping name.
Section 172.102
This section prescribes the special
provisions assigned to § 172.101 HMT
entries. Special provisions with a ‘‘B’’
code apply to bulk packagings. Special
provisions with an ‘‘N’’ code apply to
non-bulk packagings. Aside from the
entry ‘‘Cyanide solutions, n.o.s,’’
UN1935, the Special Provisions B37,
B50, B60, and N72 are not assigned to
any entries in the HMT and are being
removed from § 172.102 in this final
rule. In addition, Special Provision B37
is being removed from the entry,
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‘‘Cyanide solutions, n.o.s,’’ UN1935 (see
preamble discussion under ‘‘§ 172.101,
The Hazardous Materials Table’’). For
background information on the ‘‘B’’ and
‘‘N’’ codes being removed, the following
is provided:
D Special Provision B37 required that
the amount of nitric oxide charged into
any tank car tank not exceed 1,379 kPa
(200 psig) at 21 °C (70 °F).
D Special Provision B50 required that,
when transported in a multi-unit tank
car tank, each valve outlet of a multiunit tank car tank was to be sealed by
a threaded solid plug or a threaded cap
with inert luting or gasket material.
Valves were to be stainless steel and the
caps, plugs, and valve seats were to be
of a material that would not deteriorate
as a result of contact with the lading.
D Special Provision B60 authorized
certain entries in the HMT to be
transported in DOT Specification
106A500X multi-unit tank car tanks that
were not equipped with a pressure relief
device of any type. For the
transportation of phosgene, the outage
was required to be sufficient to prevent
tanks from becoming liquid full at 55 °C
(130 °F).
D Special Provision N72 required that
packagings used to transport the
material for certain entries in the HMT
were to be examined by the Bureau of
Explosives and approved by the
Associate Administrator.
Section 172.204
This section prescribes requirements
for the shipper’s certification. In
paragraph (a)(2), the spelling of the
word ‘‘labelled’’ is revised to read
‘‘labeled.’’ Although both spellings are
correct, we are revising this spelling for
consistency throughout the HMR. It
should be noted that this is merely an
editorial change and does not invalidate
certification statements that have the
‘‘labelled’’ spelling.
Section 172.514
This section prescribes the placarding
requirements for a bulk packaging
containing a hazardous material as
specified for the material in §§ 172.504
and 172.505. In paragraph (c)(4), as
amended under a final rule published
on July 20, 2011 [76 FR 43510] under
Docket PHMSA–2009–0151 (HM–218F)
entitled ‘‘Hazardous Materials:
Miscellaneous Amendments,’’ we are
correcting two errors that occurred
during the printing process of this
section. In this final rule, we are adding
the wording ‘‘white square-on-point’’ for
consistency with the identification
number marking requirements under
§ 172.332, and making an editorial and
punctuation correction at the end of the
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sentence to return the paragraph (c)
exceptions to an ‘‘and’’ clause. Prior to
the July 20, 2011 rulemaking, if any of
the five conditions specified in
paragraph (c) were satisfied, the labeling
alternative to placarding was
authorized. Changes under HM–218F
made this less clear.
Part 173
Section 173.12
This section prescribes the exceptions
for the shipment of waste materials. In
paragraphs (b)(2)(ii)(B) and (b)(2)(ii)(C),
the unit conversions of 3 mils and 6
mils to inches is corrected in this final
rule from ‘‘0.12 inches’’ and ‘‘0.24
inches’’ to read ‘‘0.003 inches’’ and
‘‘0.006 inches,’’ respectively.
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Section 173.35
This section prescribes the
requirements for hazardous materials in
intermediate bulk containers (IBCs).
Paragraph (h)(2) was revised in a final
rule published on February 2, 2010 [75
FR 5376] under Docket PHMSA–06–
25736 (HM–231) entitled ‘‘Hazardous
Materials; Miscellaneous Packaging
Amendments.’’ The revision in that rule
corrected an error in the pressure
limitation for metal IBC’s. During the
printing process, paragraph (h)
introductory text was inadvertently
omitted and its intended subparagraphs
were mistakenly added to paragraph (g).
We are correcting these errors in this
rulemaking. The subparagraphs
mistakenly added to paragraph (g) are
reinserted into paragraph (h) and
paragraph (g) will again stand alone as
intended and submitted to the Federal
Register.
Section 173.134
This section prescribes the definitions
and exceptions for Class 6, Division 6.2
hazardous materials. In § 173.134, the
last paragraph addressing transitional
provisions was inadvertently
alphanumerically numbered with a
‘‘(c),’’ which mistakenly duplicates
another alphanumerical number in this
section. This oversight is corrected in
this final rule by renumbering the
paragraph as ‘‘(e).’’ We will remove this
paragraph in a future rulemaking.
However, until that time, it will remain
in the HMR as an informational
paragraph to state that the authorization
for the continued use of the criteria for
packing group assignments in effect on
December 31, 2006 ended on January 1,
2012.
Section 173.159a
This section prescribes the exceptions
for non-spillable batteries. In this final
rule, we are clarifying the introductory
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text for § 173.159a(c) that the exception
from the packaging requirements in
§ 173.159 does not include an exception
from the vibration and pressure
differential tests in § 173.159(f) for
determination of a wet battery as nonspillable. Specifically, we are revising
the wording to read ‘‘non-spillable
batteries, as determined in accordance
with § 173.159(f) of this subpart, are
excepted from the packaging
requirements of § 173.159 under the
following conditions:’’
Section 173.319
This section prescribes the
requirements for cryogenic liquids in
tank cars. We are revising paragraph
(a)(3) to update the email address and
telephone number for the shipper to
contact the Federal Railroad
Administration whenever a tank car
containing any flammable cryogenic
liquid is not received by the consignee
within 20 days from the date of
shipment.
Section 174.435
This section contains the table of A1
and A2 values for radionuclides. The
entry for ‘‘Sm–147’’ contains a printing
error. In the seventh column for specific
activity in TBq/g, the value is missing
a ‘‘0’’ in the exponent. We are correcting
‘‘8.5 × 10¥1’’ to read ‘‘8.5 × 10¥10.’’
Part 175
Section 175.702
This section specifies the separation
distance requirements for packages
containing Class 7 (radioactive)
materials in cargo aircraft. In the first
column of the § 175.702(a)(2)(ii) table
heading, a typographical error is
corrected by revising ‘‘of predesignated
area’’ to read ‘‘or predesignated area.’’
Part 178
Section 178.46
This section prescribes requirements
for Specification 3AL seamless
aluminum cylinders. Paragraph (k)
addresses the duties of the inspector. In
§ 178.46(k)(2), the reference to
performance or verification of ultrasonic
inspection requirements is corrected
from paragraph ‘‘(c)’’ to read ‘‘(b)(5).’’
Section 178.70
This section specifies procedures for
the approval of United Nations (UN)
pressure receptacles. In paragraph (e)(5),
we are revising the incorrect reference
to ‘‘§ 178.72’’ to correctly read
‘‘§ 178.71.’’
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60937
Section 178.71
This section prescribes specifications
for United Nations (UN) pressure
receptacles. In paragraphs (g)(1), (g)(2)
and (k)(1)(i), the reference to the tensile
strength of ‘‘1100’’ has an unnecessary
space and incorrectly reads ‘‘1 100.’’ In
this final rule, we are removing this
additional space.
Section 178.75
This section prescribes specifications
for Multiple Element Gas Containers
(MEGCs). In paragraphs (d)(3)(i) and
(d)(3)(ii), the reference to the tensile
strength of ‘‘1100’’ has an unnecessary
space and incorrectly reads ‘‘1 100.’’ In
this final rule, we are removing this
additional space.
Section 178.503
This section prescribes requirements
for the marking of non-bulk
performance-oriented packagings.
Paragraph (e)(1) was revised under a
final rule published on February 2, 2010
[75 FR 5376] under Docket PHMSA–06–
25736 (HM–231) and again under a final
rule published on September 30, 2010
[75 FR 60333] under Docket PHMSA–
06–25736 (HM–231) both entitled
‘‘Hazardous Materials: Miscellaneous
Packaging Amendments.’’ The revisions
in these rules provided detailed
requirements for the marking of the
United Nations symbol on performanceoriented packaging. During the printing
process, paragraph (d) was mistakenly
printed with the subparagraphs
intended for paragraph (e), and the
introductory text for paragraph (e) was
omitted altogether. The result was that
this section skipped from paragraph (d)
directly to paragraph (f). Under this
final rule, we are revising the
paragraphs with the correct numbering
as intended and submitted to the
Federal Register. Specifically,
paragraph (d) is a stand-alone paragraph
without the subparagraphs intended for
paragraph (e). The paragraph (e)
introductory text is reinserted, and the
subparagraphs mistakenly printed under
paragraph (d) are relocated to their
correct position as subparagraphs to
paragraph (e).
Section 178.601
This section prescribes the general
requirements for the testing of non-bulk
packagings and packages. The term
‘‘different packaging’’ is defined in
paragraph (c)(4). Paragraph (c)(4)(v) of
the definition excludes packagings
which differ only in a lesser design
height from the category of a ‘‘different
packaging.’’ For purposes of
clarification, we are revising the
paragraph to link the exclusion to the
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authorized packaging variations that
allow a packaging to be manufactured at
a lesser design height by adding a
reference to the variations in paragraph
(g)(3) for single packaging, and to (g)(4)
for combination packaging.
Part 179
Appendix B to Part 179
Appendix B to Part 179 prescribes
procedures for simulated pool and
torch-fire testing. Paragraphs 2.a.(1) and
3.a.(1) are revised by correcting an
erroneous mathematical calculation.
This correction should improve
compliance by clarifying the conversion
factors.
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 HMT, correct
grammatical and typographical errors,
and, in response to requests for
clarification, improve the clarity of
certain provisions in the HMT.
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B. Executive Orders 12866 and 13563
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). Additionally, E.O. 13563
supplements and reaffirms E.O. 12866,
stressing that, to the extent permitted by
law, an agency rulemaking action must
be based on benefits that justify its
costs, impose the least burden, consider
cumulative burdens, maximize benefits,
use performance objectives, and assess
available alternatives. 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,
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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,
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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
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
The National Environmental Policy
Act of 1969 (NEPA), as amended (42
U.S.C. 4321–4347), and implementing
regulations by the Council on
Environmental Quality (40 CFR part
1500) require Federal agencies to
consider the consequences of Federal
actions and prepare a detailed statement
on actions that significantly affect the
quality of the human environment.
The purpose of this rulemaking is to
correct editorial errors, makes minor
regulatory changes and, in response to
requests for clarification, improves the
clarity of certain provisions in the HMR.
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. Therefore,
PHMSA has determined that the
implementation of this final rule will
not have any significant impact on the
quality of the human environment.
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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.
K. Privacy Act
Anyone is able to search the
electronic form of 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 DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70, pages 19477–78), or at
https://www.regulations.gov.
List of Subjects
49 CFR Part 107
Administrative practice and
procedure, Hazardous materials
transportation, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
note), Pub. L. 104–121 sections 212–213;
Pub. L. 104–134 section 31001; Pub. L. 112–
141 section 33006; 49 CFR 1.45 and 1.53.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Packaging and containers,
Reporting and recordkeeping
requirements.
2. In § 107.202, paragraph (a)(4) is
revised to read as follows:
■
§ 107.202 Standards for determining
preemption.
49 CFR Part 173
Hazardous materials transportation,
Packaging and containers, Radioactive
materials, Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 175
Hazardous materials transportation,
Radioactive materials, Reporting and
recordkeeping requirements.
49 CFR Part 178
(a) * * *
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material and other written
hazardous materials transportation
incident reporting involving State or
local emergency responders in the
initial response to the incident.
*
*
*
*
*
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
49 CFR Part 179
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.
Hazardous materials transportation,
Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49
CFR chapter I is amended as follows:
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
1. The authority citation for part 107
is revised to read as follows:
■
3. The authority citation for part 171
continues to read as follows:
■
4. In § 171.7, in the paragraph (a)(3)
Table of material incorporated by
reference, in the first column, for the
entries ‘‘ISO 9809–1’’ and ‘‘ISO 9809–
2,’’ the source and name of material is
revised to read as follows:
■
§ 171.7
Reference material.
(a) * * *
(3) * * *
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4 (28 U.S.C. 2461
49 CFR
reference
Source and name of material
*
*
*
*
*
*
ISO 9809–1: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa., First edition, June 1999, (E)
ISO 9809–2: Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to 1100 MPa., First edition, June 2000, (E)
*
*
*
*
*
*
*
*
5. Section 171.8 is revised as follows:
a. The term ‘‘Containership’’ is
removed and ‘‘Container ship’’ is added
in its place; and
■ b. The definition of ‘‘Hazardous
material’’ is revised.
The revisions read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
■
§ 171.8
Definitions and abbreviations.
*
*
*
*
*
Container ship * * *
*
*
*
*
*
Hazardous material means a
substance or material that the Secretary
of Transportation has determined is
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*
capable of posing an unreasonable risk
to health, safety, and property when
transported in commerce, and has
designated as hazardous under section
5103 of Federal hazardous materials
transportation law (49 U.S.C. 5103). The
term includes hazardous substances,
hazardous wastes, marine pollutants,
elevated temperature materials,
materials designated as hazardous in the
Hazardous Materials Table (see 49 CFR
172.101), and materials that meet the
defining criteria for hazard classes and
divisions in part 173 of this subchapter.
*
*
*
*
*
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PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
6. The authority citation for part 172
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 44701, 49
CFR 1.53.
7. In § 172.101, paragraph (c)(10)(ii) is
revised to read as follows:
■
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§ 172.101 Purpose and use of hazardous
materials table.
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(c) * * *
(10) * * *
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(ii) If one or more of the conditions in
paragraphs (c)(10)(i)(A) through (F) of
this section is satisfied then the proper
shipping name selection process in
(c)(12)(ii) must be used.
*
*
*
*
*
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8. In § 172.101, in the Hazardous
Materials Table, the following entries
are revised to read as follows:
■
§ 172.101 Purpose and use of hazardous
materials table.
*
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05OCR1
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(2)
Aminophenols (o-; m-;
p-).
Cyanide solutions,
n.o.s..
(1)
Symbols
Hazardous materials
descriptions and proper shipping names
pmangrum on DSK3VPTVN1PROD with RULES
+ .............
G ............
(4)
Identification numbers
15:07 Oct 04, 2012
*
6.1
UN1935 ....
*
..................
*
...................
(3)
Hazard
class or
division
Jkt 229001
6.1 ............
*
6.1 ............
*
...................
(6)
PO 00000
*
III ..............
*
6.1 ............
II ...............
*
I ................
*
...................
(5)
PG
Label
codes
*
IB2, T11, TP2, TP13,
TP27.
IB3, T7, TP2, TP13,
TP28.
*
T14, TP2, TP13, TP27
*
.....................................
(7)
Special provisions
(§ 172.102)
*
153 ...........
153 ...........
*
None .........
*
...................
(8A)
Exceptions
203 ...........
202 ...........
201 ...........
...................
(8B)
Non-bulk
(8) Packaging
(§ 173.***)
§ 172.101 HAZARDOUS MATERIALS TABLE
*
241 ...........
243 ...........
*
243 ...........
*
...................
(8C)
Bulk
*
60 L ..........
5 L ............
*
1 L ............
*
...................
(9A)
Passenger
aircraft/rail
220 L ........
60 L ..........
30 L ..........
...................
(9B)
Cargo aircraft only
(9) Quantity limitations
(see §§ 173.27 and
175.75)
A ...............
A ...............
B ...............
...................
(10A)
Location
40, 52
40, 52
40, 52
(10B)
Other
(10) Vessel stowage
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
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§ 172.102
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
*
*
composite IBC, fitted with a
polyethylene liner at least 6 mils (0.006
inches) thick, that successfully passes
the tests prescribed in Subpart O of Part
178 and § 178.603 to at least the Packing
Group II performance level for liquids or
solids; a UN 11HH2 is composed of
multiple layers of encapsulated
corrugated fiberboard between inner
and outer layers of woven coated
polypropylene.
*
*
*
*
*
■ 14. In § 173.35, paragraphs (g) and (h)
are revised to read as follows:
*
[Amended]
9. Amend § 172.102 as follows:
a. In paragraph (c)(3), Special
Provisions B37, B50 and B60 are
removed.
■ b. In paragraph (c)(5), Special
Provision N72 is removed.
■
■
§ 172.204
[Amended]
10. In § 172.204, in paragraph (a)(2),
the wording ‘‘labelled/placarded’’ is
revised to read ‘‘labeled/placarded’’.
■ 11. In § 172.514, paragraph (c)(4) is
revised to read as follows:
■
§ 172.514
§ 173.35
*
Bulk packagings.
*
*
*
*
*
(c) * * *
(4) An IBC. For an IBC labeled in
accordance with subpart E of this part
instead of placarded, the IBC may
display the proper shipping name and
UN identification number in accordance
with the size requirements of
§ 172.302(b)(2) in place of the UN
number on an orange panel, placard or
white square-on-point; and
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
12. The authority citation for part 173
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.
13. In § 173.12, paragraphs (b)(2)(ii)(B)
and (C) are revised to read as follows:
■
§ 173.12 Exceptions for shipment of waste
materials.
pmangrum on DSK3VPTVN1PROD with RULES
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(b) * * *
(2) * * *
(ii) * * *
(B) At a minimum, a double-walled
UN 4G fiberboard box made out of 500
pound burst-strength fiberboard fitted
with a polyethylene liner at least 3 mils
(0.003 inches) thick and when filled
during testing to 95 percent capacity
with a solid material, successfully
passes the tests prescribed in §§ 178.603
(drop) and 178.606 (stacking), and is
capable of passing the tests prescribed
in § 178.608 (vibration) to at least the
Packing Group II performance level for
liquids or solids; or
(C) A UN 11G fiberboard intermediate
bulk container (IBC) or a UN 11HH2
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Hazardous materials in IBCs.
Jkt 229001
*
*
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(g) Each IBC used for transportation of
solids which may become liquid at
temperatures likely to be encountered
during transportation must also be
capable of containing the substance in
the liquid state.
(h) Liquid hazardous materials may
only be offered for transportation in a
metal, rigid plastic, or composite IBC
that is appropriately resistant to an
increase in internal pressure likely to
develop during transportation.
(1) A rigid plastic or composite IBC
may only be filled with a liquid having
a vapor pressure less than or equal to
the greater of the following two values:
The first value is determined from any
of the methods in paragraphs (h)(1)(i),
(ii) or (iii) of this section. The second
value is determined by the method in
paragraph (h)(1)(iv) of this section.
(i) The gauge pressure (pressure in the
IBC above ambient atmospheric
pressure) measured in the IBC at 55 °C
(131 °F). This gauge pressure must not
exceed two-thirds of the marked test
pressure and must be determined after
the IBC was filled and closed at 15 °C
(60 °F) to less than or equal to 98
percent of its capacity.
(ii) The absolute pressure (vapor
pressure of the hazardous material plus
atmospheric pressure) in the IBC at 50
°C (122 °F). This absolute pressure must
not exceed four-sevenths of the sum of
the marked test pressure and 100 kPa
(14.5 psia).
(iii) The absolute pressure (vapor
pressure of the hazardous material plus
atmospheric pressure) in the IBC at 55
°C (131 °F). This absolute pressure must
not exceed two-thirds of the sum of the
marked test pressure and 100 kPa (14.5
psia).
(iv) Twice the static pressure of the
substance, measured at the bottom of
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the IBC. This value must not be less
than twice the static pressure of water.
(2) Liquids having a vapor pressure
greater than 110 kPa (16 psig) at 50 °C
(122 °F) or 130 kPa (18.9 psig) at 55 °C
(131 °F) may not be transported in metal
IBCs.
*
*
*
*
*
15. In § 173.134, in the last paragraph,
the second alphanumerical number (c)
for transitional provisions, is
renumbered to (e) and revised to read as
follows:
■
§ 173.134 Class 6, Division 6.2—
Definitions and exceptions.
*
*
*
*
*
(e) Transitional provisions. The
authorization for continued use of the
criteria for packing group assignments
in effect on December 31, 2006 ended
on January 1, 2012.
16. In § 173.159a, paragraph (c)
introductory text is revised to read as
follows:
■
§ 173.159a
batteries.
Exceptions for non-spillable
*
*
*
*
*
(c) Non-spillable batteries, as
determined in accordance with
§ 173.159(f) of this subpart, are excepted
from the packaging requirements of
§ 173.159 under the following
conditions:
*
*
*
*
*
17. In § 173.319, paragraph (a)(3) is
revised to read as follows:
■
§ 173.319
Cryogenic liquids in tank cars.
(a) * * *
(3) The shipper must notify the
Federal Railroad Administration
whenever a tank car containing any
flammable cryogenic liquid is not
received by the consignee within 20
days from the date of shipment.
Notification to the Federal Railroad
Administration may be made by email
to HMassist@dot.gov or telephone call to
(202) 493–6245.
*
*
*
*
*
■ 18. In § 173.435, in the Table of A1
and A2 values for radionuclides, the
entry ‘‘Sm-147’’ is revised to read as
follows:
§ 173.435 Table of A1 and A2 values for
radionuclides.
*
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
Element
and atomic number
Symbol of radionuclide
*
*
Sm-147 ..............................................................
*
*
*
*
*
Unlimited
*
*
Unlimited
*
*
Unlimited
20. In § 175.702, in paragraph
(a)(2)(ii), the table heading is revised to
read as follows:
19. The authority citation for part 175
continues to read as follows:
■
(Ci/g)
*
8.5 × 10¥10
Unlimited
*
■
PART 175—CARRIAGE BY AIRCRAFT
A2(Ci)b
A2(TBq)
(TBq/g)
*
*
*
Specific activity
A1(Ci)b
A1(TBq)
*
2.3 × 10¥8
*
*
§ 175.702 Separation distance
requirements for packages containing
Class 7 (radioactive) materials in cargo
aircraft.
*
Authority: 49 U.S.C. 4101–51128; 44701;
49 CFR 1.45 and 1.53.
*
*
(a) * * *
(2) * * *
(ii) * * *
*
*
Minimum separation distances
Transport index or sum of transport indexes of all packages in the aircraft or predesignated area
Centimeters
*
*
PART 178—SPECIFICATIONS FOR
PACKAGINGS
21. The authority citation for part 178
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
22. In § 178.46, paragraph (k)(2) is
revised to read as follows:
■
§ 178.46 Specification 3AL seamless
aluminum cylinders.
*
*
*
*
*
(k) * * *
(2) The inspector must verify
ultrasonic inspection of all material by
inspection or by obtaining the material
producer’s certificate of ultrasonic
inspection. Ultrasonic inspection must
be performed or verified as having been
performed in accordance with
paragraph (b)(5) of this section.
*
*
*
*
*
§ 178.70
[Amended]
23. In § 178.70, in paragraph (e)(5), the
reference ‘‘§ 178.72’’ is removed and the
reference ‘‘§ 178.71’’ is added in its
place.
■ 24. In § 178.71, paragraphs (g)(1),
(g)(2) and (k)(1)(i) are revised to read as
follows:
pmangrum on DSK3VPTVN1PROD with RULES
§ 178.71 Specifications for UN pressure
receptacles.
*
*
*
*
*
(g) * * *
(1) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
15:07 Oct 04, 2012
1100 MPa. (IBR, see § 171.7 of this
subchapter).
(2) ISO 9809–2: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1100 MPa. (IBR, see
§ 171.7 of this subchapter).
*
*
*
*
*
(k) * * *
(1) * * *
(i) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1100 MPa.
*
*
*
*
*
■ 25. In § 178.75, paragraphs (d)(3)(i)
and (d)(3)(ii) are revised to read as
follows:
§ 178.75
Jkt 229001
Specifications for MEGCs.
*
*
*
*
(d) * * *
(3) * * *
(i) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1100 MPa. (IBR, see § 171.7 of this
subchapter);
(ii) ISO 9809–2: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1100 MPa. (IBR, see
§ 171.7 of this subchapter);
*
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26. In § 178.503, paragraphs (d)
introductory text and (e) are revised to
read as follows:
■
§ 178.503
Marking of packagings.
*
*
*
*
*
(d) Marking of remanufactured
packagings. For remanufactured metal
drums, if there is no change to the
packaging type and no replacement or
removal of integral structural
components, the required markings
need not be permanent (e.g., embossed).
Every other remanufactured drum must
bear the marks required in paragraphs
(a)(1) through (a)(6) of this section in a
permanent form (e.g., embossed) on the
top head or side. If the metal thickness
marking required in paragraph (a)(9)(i)
of this section does not appear on the
bottom of the drum, or if it is no longer
valid, the remanufacturer also must
mark this information in permanent
form.
(e) The following are examples of
symbols and required markings. (1)(i)
The United Nations symbol is:
(ii) The circle that surrounds the
letters ‘‘u’’ and ‘‘n’’ may have small
breaks provided the following
provisions are met:
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
the circumference of the circle (72
degrees); and
D) The letters ‘‘u’’ and ‘‘n’’ appear
exactly as depicted in § 178.503(e)(1)(i)
with no gaps.
(2) Examples of markings for a new
packaging are as follows:
(as in § 178.503 (a)(1) through (9) of this
subpart).
(ii) For a steel drum designed to
contain liquids:
(as in § 178.503 (a)(1) through (10) of
this subpart).
(iii) For a steel drum to transport
solids or inner packagings:
(as in § 178.503 (a)(1) through (8) of this
subpart).
(3) Examples of markings for
reconditioned packagings are as follows:
(as in § 178.503(c)(1)).
*
*
*
*
*
§ 178.601
(i) For a fiberboard box designed to
contain an inner packaging:
27. In § 178.601, paragraph (c)(4)(v) is
revised to read as follows:
■
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*
*
(c) * * *
(4) * * *
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*
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(v) A packaging identified in
paragraph (g)(3) or (g)(4) of this section,
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pmangrum on DSK3VPTVN1PROD with RULES
ER05OC12.063</GPH>
(A) The total gap space does not
exceed 15 percent of the circumference
of the circle;
(B) There are no more than four gaps
in the circle;
C) The spacing between gaps is
separated by no less than 20 percent of
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
which differs from the design type only
in a lesser design height; or
*
*
*
*
*
PART 179—SPECIFICATIONS FOR
TANK CARS
28. The authority citation for part 179
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
29. In Appendix B to Part 179,
paragraphs 2.a.(1) and 3.a.(1) are revised
to read as follows:
■
Appendix B to Part 179—Procedures
for Simulated Pool and Torch-Fire
Testing.
*
*
*
*
*
2. Simulated pool fire test.
a. A pool-fire environment must be
simulated in the following manner:
(1) The source of the simulated pool fire
must be hydrocarbon fuel with a flame
temperature of 871 °C plus or minus 55.6 °C
(1600 °F plus-or-minus 100 °F) throughout
the duration of the test.
*
*
*
*
*
3. Simulated torch fire test.
a. A torch-fire environment must be
simulated in the following manner:
(1) The source of the simulated torch must
be a hydrocarbon fuel with a flame
temperature of 1,204 °C plus-or-minus 55.6
°C (2,200 °F plus or minus 100 °F),
throughout the duration of the test.
Furthermore, torch velocities must be 64.4
km/h ±16 km/h (40 mph ±10 mph)
throughout the duration of the test.
*
*
*
*
*
Issued in Washington, DC, on September
27, 2012 under authority delegated in 49 CFR
part 1.
Timothy P. Butters,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012–24263 Filed 10–4–12; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
pmangrum on DSK3VPTVN1PROD with RULES
RIN 0648–XC152
2012–2013 Accountability Measure and
Closure for Commercial Black Sea
Bass in the South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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Jkt 229001
NMFS implements an
accountability measure (AM) for the
commercial sector of black sea bass in
the exclusive economic zone (EEZ) of
the South Atlantic through this
temporary final rule. NMFS has
determined that the annual catch limit
(ACL) (equal to the commercial quota)
for black sea bass will have been
reached by October 8, 2012. Therefore,
NMFS closes the commercial sector for
black sea bass in the EEZ of the South
Atlantic. This closure is necessary to
protect the black sea bass resource.
DATES: Closure is effective 12:01 a.m.,
local time, October 8, 2012, through
12:01 a.m., local time, on June 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone 727–824–
5305, email
Catherine.Hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP), and black sea bass is a
species contained in that FMP. The FMP
was prepared by the South Atlantic
Fishery Management Council (Council)
and is implemented under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. NMFS published a
temporary rule to delay the start of the
2012–2013 fishing season for the
commercial sector of black sea bass from
June 1, 2012 to July 1, 2012 (77 FR
28305, May 14, 2012). The commercial
ACL (commercial quota) for black sea
bass in the South Atlantic is 309,000 lb
(140,160 kg), gutted weight, for the
current fishing year (July 1, 2012,
through May 31, 2013) as specified in 50
CFR 622.42(e)(5).
SUMMARY:
Background
Black sea bass are managed
throughout their range. In the South
Atlantic EEZ, black sea bass are
managed under the FMP by the Council
from 35°15.19′ N. lat., the latitude of
Cape Hatteras Light, North Carolina,
south to the boundary between the
South Atlantic and Gulf of Mexico
(Gulf) Councils, off of Key West,
Florida. The boundary between the
South Atlantic and Gulf Councils
coincides with the line of demarcation
between the Atlantic Ocean and the
Gulf, which begins at the intersection of
the outer boundary of the EEZ, as
specified in the Magnuson-Stevens Act,
and 83°00′ W. long., proceeds
northward along that meridian to 24°35′
N. lat., (near the Dry Tortugas Islands),
thence eastward along that parallel,
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
60945
through Rebecca Shoal and the
Quicksand Shoal, to the Marquesas
Keys, and then through the Florida Keys
to the mainland at the eastern end of
Florida Bay, the line so running that the
narrow waters within the Dry Tortugas
Islands, the Marquesas Keys and the
Florida Keys, and between the Florida
Keys and the mainland, are within the
Gulf. From Cape Hatteras Light, North
Carolina, through Maine, black sea bass
are managed jointly by the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission. Therefore, the closure
provisions contained in this notice are
applicable to those vessels harvesting or
possessing black sea bass from Cape
Hatteras Light, North Carolina, through
to the boundary between the South
Atlantic and Gulf Councils (off of Key
West, Florida), as described above.
The AM at 50 CFR 622.49(b)(5)(i)
requires NMFS to close the commercial
sector for black sea bass when the ACL
(quota) is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. Also, under 50 CFR 622.43(a),
NMFS is required to close the
commercial sector for a species or
species group when the quota for that
species or species group is reached, or
is projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. Based on the
best scientific information available,
NMFS has determined that the available
commercial ACL (commercial quota) of
309,000 lb (140,160 kg), gutted weight,
for black sea bass will be reached on or
before October 8, 2012. Accordingly,
NMFS is implementing an AM to close
the commercial sector for black sea bass
in the South Atlantic EEZ at 12:01 a.m.,
local time, on October 8, 2012 from
35°15.19′ N. lat., the latitude of Cape
Hatteras Light, North Carolina, south to
the boundary between the South
Atlantic and Gulf Councils, as
previously described in this temporary
rule. The commercial sector for black
sea bass will remain closed until 12:01
a.m., local time, on June 1, 2013. The
operator of a vessel with a valid
commercial vessel permit for snappergrouper having black sea bass onboard
must have landed and bartered, traded,
or sold such black sea bass prior to
12:01 a.m., local time, October 8, 2012.
During the closure, the bag limit and
possession limits specified in 50 CFR
622.39(d)(1)(vii) and (d)(2), respectively,
apply to all harvest or possession of
black sea bass in or from the South
Atlantic EEZ, and the sale or purchase
of black sea bass taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to sale or
E:\FR\FM\05OCR1.SGM
05OCR1
]]>Agencies
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60935-60945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24263]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 175, 178, and 179
RIN 2137-AE90
[Docket No. PHMSA-2012-0080 (HM-244E)]
Hazardous Materials: Minor Editorial Corrections and
Clarifications (RRR)
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: October 5, 2012.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule was approved by the Director
of the Federal Register as of September 11, 2006.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Standards and
Rulemaking Division, 202-366-8553, PHMSA, East Building, PHH-10, 1200
New Jersey Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Review
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the Rulemaking
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies
and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272 and DOT
Policies and Procedures
F. Executive Order 13563
G. Unfunded Mandates Reform Act
H. Paperwork Reduction Act
I. Environmental Impact Analysis
J. Regulation Identifier Number (RIN)
K. Privacy Act
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 Code of Federal Regulations
(CFR) references and citations, inconsistent use of terminology,
misstatements of certain regulatory requirements, and inadvertent
omissions of information. Because these amendments do not impose new
requirements, notice and public comment 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.
Part 107
Section 107.202
This section describes the standards in 49 U.S.C. 5125 for
determining
[[Page 60936]]
preemption of a State, local, or Indian tribe requirement applicable to
the transportation of hazardous material. Paragraph 5125(b)(1)(D) was
recently amended in the ``Moving Ahead for Progress in the 21st
Century'' (MAP-21) Act (Pub. L. 112-141 Sec. 33006(d), 126 Stat. 835,
July 6, 2012) which added the words ``other written hazardous materials
transportation incident reporting involving State or local emergency
responders in the initial response to the incident.'' Because this
additional language simply sets forth the wording of the Federal
hazardous material transportation law, it is considered an editorial
change.
Part 171
Section 171.7
Section 171.7, paragraph (a), lists materials incorporated by
reference into the HMR. In paragraph (a)(3), the tensile strength of
``1100'' MPa for the entries ``ISO 9809-1,'' and ``ISO 9809-2,'' has an
unnecessary space and reads ``1 100.'' We are removing this additional
space in this final rule.
Section 171.8
Section 171.8 provides definitions and abbreviations used
throughout the HMR. We are making two revisions to this section.
The spelling of the entry for ``Containership'' is amended by
revising the word to read ``Container ship.'' Although both spellings
are correct, we are revising the spelling for consistency throughout
the HMR, which should aid in HMR searches. This is an editorial change
that does not impact any statements, shipping papers, et cetera.
The last sentence of the definition for ``Hazardous material''
reads in part, ``and materials that meet the defining criteria for
hazard classes and divisions in part 173 of subchapter C of this
chapter.'' For clarification and consistency with other sections in the
HMR, we are revising the sentence to read ``and materials that meet the
defining criteria for hazard classes and divisions in part 173 of this
subchapter.''
Part 172
Section 172.101
This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the HMT. A final rule
published on January 19, 2011 [76 FR 3308] under Docket PHMSA 2009-0126
(HM-215K) entitled ``Hazardous Materials: Harmonization with the United
Nations Recommendations, International Maritime Dangerous Goods Code,
and the International Civil Aviation Organization Technical
Instructions for the Safe Transport of Dangerous Goods by Air,''
revised the Sec. 172.101(c)(10)(i) instruction for the proper shipping
name description of a mixture or a solution of a single predominant
hazardous material under certain conditions. Currently, Sec.
172.101(c)(10)(ii) states that if one or more of the conditions in
Sec. 172.101(c)(10)(i) is satisfied, a proper shipping name shall be
selected as prescribed in Sec. 172.101(c)(12)(ii). For clarification,
in this final rule, we are correcting the citation so that the sentence
reads ``that if one or more of the conditions in Sec.
172.101(c)(10)(i)(A) through(F) is satisfied, the proper shipping name
selection process in Sec. 172.101(c)(12)(ii) must be used.''
Section 172.101 The Hazardous Materials Table
In the HMT, Special Provision B37 is erroneously applied to Column
(7) for the Packing Group I entry of ``Cyanide solutions, n.o.s.,''
UN1935. Special Provision B37 once applied to ``Nitric oxide,
compressed,'' but does not address or apply to cyanide solutions.
Therefore, in this final rule, Special Provision B37 is being removed
from Column (7) of the HMT for ``Cyanide solutions, n.o.s.,'' UN1935.
(Also, see Sec. 172.102.)
In a final rule published on March 5, 1999 [64 FR 10742] under
Docket Number RSPA-98-4185 (HM-215C) entitled ``Harmonization with the
United Nations Recommendations, International Maritime Dangerous Goods
Code, and International Civil Aviation Organization's Technical
Instructions,'' a plus (+) sign was added to Column (1) of the HMT for
the entry ``Aminophenols (o-; m-; p-),'' UN2512. During the printing
process, the isomers were inadvertently changed from Italic font to
Roman font. In this final rule, we are correcting the font to Italic.
Words in italics are not part of the proper shipping name, but may be
used in addition to the proper shipping name.
Section 172.102
This section prescribes the special provisions assigned to Sec.
172.101 HMT entries. Special provisions with a ``B'' code apply to bulk
packagings. Special provisions with an ``N'' code apply to non-bulk
packagings. Aside from the entry ``Cyanide solutions, n.o.s,'' UN1935,
the Special Provisions B37, B50, B60, and N72 are not assigned to any
entries in the HMT and are being removed from Sec. 172.102 in this
final rule. In addition, Special Provision B37 is being removed from
the entry, ``Cyanide solutions, n.o.s,'' UN1935 (see preamble
discussion under ``Sec. 172.101, The Hazardous Materials Table''). For
background information on the ``B'' and ``N'' codes being removed, the
following is provided:
[ssquf] Special Provision B37 required that the amount of nitric
oxide charged into any tank car tank not exceed 1,379 kPa (200 psig) at
21 [deg]C (70 [deg]F).
[ssquf] Special Provision B50 required that, when transported in a
multi-unit tank car tank, each valve outlet of a multi-unit tank car
tank was to be sealed by a threaded solid plug or a threaded cap with
inert luting or gasket material. Valves were to be stainless steel and
the caps, plugs, and valve seats were to be of a material that would
not deteriorate as a result of contact with the lading.
[ssquf] Special Provision B60 authorized certain entries in the HMT
to be transported in DOT Specification 106A500X multi-unit tank car
tanks that were not equipped with a pressure relief device of any type.
For the transportation of phosgene, the outage was required to be
sufficient to prevent tanks from becoming liquid full at 55 [deg]C (130
[deg]F).
[ssquf] Special Provision N72 required that packagings used to
transport the material for certain entries in the HMT were to be
examined by the Bureau of Explosives and approved by the Associate
Administrator.
Section 172.204
This section prescribes requirements for the shipper's
certification. In paragraph (a)(2), the spelling of the word
``labelled'' is revised to read ``labeled.'' Although both spellings
are correct, we are revising this spelling for consistency throughout
the HMR. It should be noted that this is merely an editorial change and
does not invalidate certification statements that have the ``labelled''
spelling.
Section 172.514
This section prescribes the placarding requirements for a bulk
packaging containing a hazardous material as specified for the material
in Sec. Sec. 172.504 and 172.505. In paragraph (c)(4), as amended
under a final rule published on July 20, 2011 [76 FR 43510] under
Docket PHMSA-2009-0151 (HM-218F) entitled ``Hazardous Materials:
Miscellaneous Amendments,'' we are correcting two errors that occurred
during the printing process of this section. In this final rule, we are
adding the wording ``white square-on-point'' for consistency with the
identification number marking requirements under Sec. 172.332, and
making an editorial and punctuation correction at the end of the
[[Page 60937]]
sentence to return the paragraph (c) exceptions to an ``and'' clause.
Prior to the July 20, 2011 rulemaking, if any of the five conditions
specified in paragraph (c) were satisfied, the labeling alternative to
placarding was authorized. Changes under HM-218F made this less clear.
Part 173
Section 173.12
This section prescribes the exceptions for the shipment of waste
materials. In paragraphs (b)(2)(ii)(B) and (b)(2)(ii)(C), the unit
conversions of 3 mils and 6 mils to inches is corrected in this final
rule from ``0.12 inches'' and ``0.24 inches'' to read ``0.003 inches''
and ``0.006 inches,'' respectively.
Section 173.35
This section prescribes the requirements for hazardous materials in
intermediate bulk containers (IBCs). Paragraph (h)(2) was revised in a
final rule published on February 2, 2010 [75 FR 5376] under Docket
PHMSA-06-25736 (HM-231) entitled ``Hazardous Materials; Miscellaneous
Packaging Amendments.'' The revision in that rule corrected an error in
the pressure limitation for metal IBC's. During the printing process,
paragraph (h) introductory text was inadvertently omitted and its
intended subparagraphs were mistakenly added to paragraph (g). We are
correcting these errors in this rulemaking. The subparagraphs
mistakenly added to paragraph (g) are reinserted into paragraph (h) and
paragraph (g) will again stand alone as intended and submitted to the
Federal Register.
Section 173.134
This section prescribes the definitions and exceptions for Class 6,
Division 6.2 hazardous materials. In Sec. 173.134, the last paragraph
addressing transitional provisions was inadvertently alphanumerically
numbered with a ``(c),'' which mistakenly duplicates another
alphanumerical number in this section. This oversight is corrected in
this final rule by renumbering the paragraph as ``(e).'' We will remove
this paragraph in a future rulemaking. However, until that time, it
will remain in the HMR as an informational paragraph to state that the
authorization for the continued use of the criteria for packing group
assignments in effect on December 31, 2006 ended on January 1, 2012.
Section 173.159a
This section prescribes the exceptions for non-spillable batteries.
In this final rule, we are clarifying the introductory text for Sec.
173.159a(c) that the exception from the packaging requirements in Sec.
173.159 does not include an exception from the vibration and pressure
differential tests in Sec. 173.159(f) for determination of a wet
battery as non-spillable. Specifically, we are revising the wording to
read ``non-spillable batteries, as determined in accordance with Sec.
173.159(f) of this subpart, are excepted from the packaging
requirements of Sec. 173.159 under the following conditions:''
Section 173.319
This section prescribes the requirements for cryogenic liquids in
tank cars. We are revising paragraph (a)(3) to update the email address
and telephone number for the shipper to contact the Federal Railroad
Administration whenever a tank car containing any flammable cryogenic
liquid is not received by the consignee within 20 days from the date of
shipment.
Section 174.435
This section contains the table of A1 and A2
values for radionuclides. The entry for ``Sm-147'' contains a printing
error. In the seventh column for specific activity in TBq/g, the value
is missing a ``0'' in the exponent. We are correcting ``8.5 x
10-\1\'' to read ``8.5 x 10-\10\.''
Part 175
Section 175.702
This section specifies the separation distance requirements for
packages containing Class 7 (radioactive) materials in cargo aircraft.
In the first column of the Sec. 175.702(a)(2)(ii) table heading, a
typographical error is corrected by revising ``of predesignated area''
to read ``or predesignated area.''
Part 178
Section 178.46
This section prescribes requirements for Specification 3AL seamless
aluminum cylinders. Paragraph (k) addresses the duties of the
inspector. In Sec. 178.46(k)(2), the reference to performance or
verification of ultrasonic inspection requirements is corrected from
paragraph ``(c)'' to read ``(b)(5).''
Section 178.70
This section specifies procedures for the approval of United
Nations (UN) pressure receptacles. In paragraph (e)(5), we are revising
the incorrect reference to ``Sec. 178.72'' to correctly read ``Sec.
178.71.''
Section 178.71
This section prescribes specifications for United Nations (UN)
pressure receptacles. In paragraphs (g)(1), (g)(2) and (k)(1)(i), the
reference to the tensile strength of ``1100'' has an unnecessary space
and incorrectly reads ``1 100.'' In this final rule, we are removing
this additional space.
Section 178.75
This section prescribes specifications for Multiple Element Gas
Containers (MEGCs). In paragraphs (d)(3)(i) and (d)(3)(ii), the
reference to the tensile strength of ``1100'' has an unnecessary space
and incorrectly reads ``1 100.'' In this final rule, we are removing
this additional space.
Section 178.503
This section prescribes requirements for the marking of non-bulk
performance-oriented packagings. Paragraph (e)(1) was revised under a
final rule published on February 2, 2010 [75 FR 5376] under Docket
PHMSA-06-25736 (HM-231) and again under a final rule published on
September 30, 2010 [75 FR 60333] under Docket PHMSA-06-25736 (HM-231)
both entitled ``Hazardous Materials: Miscellaneous Packaging
Amendments.'' The revisions in these rules provided detailed
requirements for the marking of the United Nations symbol on
performance-oriented packaging. During the printing process, paragraph
(d) was mistakenly printed with the subparagraphs intended for
paragraph (e), and the introductory text for paragraph (e) was omitted
altogether. The result was that this section skipped from paragraph (d)
directly to paragraph (f). Under this final rule, we are revising the
paragraphs with the correct numbering as intended and submitted to the
Federal Register. Specifically, paragraph (d) is a stand-alone
paragraph without the subparagraphs intended for paragraph (e). The
paragraph (e) introductory text is reinserted, and the subparagraphs
mistakenly printed under paragraph (d) are relocated to their correct
position as subparagraphs to paragraph (e).
Section 178.601
This section prescribes the general requirements for the testing of
non-bulk packagings and packages. The term ``different packaging'' is
defined in paragraph (c)(4). Paragraph (c)(4)(v) of the definition
excludes packagings which differ only in a lesser design height from
the category of a ``different packaging.'' For purposes of
clarification, we are revising the paragraph to link the exclusion to
the
[[Page 60938]]
authorized packaging variations that allow a packaging to be
manufactured at a lesser design height by adding a reference to the
variations in paragraph (g)(3) for single packaging, and to (g)(4) for
combination packaging.
Part 179
Appendix B to Part 179
Appendix B to Part 179 prescribes procedures for simulated pool and
torch-fire testing. Paragraphs 2.a.(1) and 3.a.(1) are revised by
correcting an erroneous mathematical calculation. This correction
should improve compliance by clarifying the conversion factors.
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 HMT, correct grammatical and typographical errors, and, in response
to requests for clarification, improve the clarity of certain
provisions in the HMT.
B. Executive Orders 12866 and 13563 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). Additionally, E.O. 13563
supplements and reaffirms E.O. 12866, stressing that, to the extent
permitted by law, an agency rulemaking action must be based on benefits
that justify its costs, impose the least burden, consider cumulative
burdens, maximize benefits, use performance objectives, and assess
available alternatives. 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 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
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
The purpose of this rulemaking is to correct editorial errors,
makes minor regulatory changes and, in response to requests for
clarification, improves the clarity of certain provisions in the HMR.
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.
Therefore, PHMSA has determined that the implementation of this final
rule will not have any significant impact on the quality of the human
environment.
[[Page 60939]]
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.
K. Privacy Act
Anyone is able to search the electronic form of 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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at https://www.regulations.gov.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, 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 175
Hazardous materials transportation, Radioactive materials,
Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note), Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; Pub. L. 112-141 section 33006; 49 CFR 1.45
and 1.53.
0
2. In Sec. 107.202, paragraph (a)(4) is revised to read as follows:
Sec. 107.202 Standards for determining preemption.
(a) * * *
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material and other
written hazardous materials transportation incident reporting involving
State or local emergency responders in the initial response to the
incident.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
3. 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
4. In Sec. 171.7, in the paragraph (a)(3) Table of material
incorporated by reference, in the first column, for the entries ``ISO
9809-1'' and ``ISO 9809-2,'' the source and name of material is revised
to read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) * * *
----------------------------------------------------------------------------------------------------------------
Source and name of material 49 CFR reference
----------------------------------------------------------------------------------------------------------------
* * * * * * *
ISO 9809-1: Gas cylinders--Refillable seamless steel gas cylinders--Design,
construction and testing--Part 1: Quenched and tempered steel cylinders with
tensile strength less than 1100 MPa., First edition, June 1999, (E)
ISO 9809-2: Gas cylinders--Refillable seamless steel gas cylinders--Design,
construction and testing--Part 2: Quenched and tempered steel cylinders with
tensile strength greater than or equal to 1100 MPa., First edition, June 2000,
(E)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
5. Section 171.8 is revised as follows:
0
a. The term ``Containership'' is removed and ``Container ship'' is
added in its place; and
0
b. The definition of ``Hazardous material'' is revised.
The revisions read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Container ship * * *
* * * * *
Hazardous material means a substance or material that the Secretary
of Transportation has determined is capable of posing an unreasonable
risk to health, safety, and property when transported in commerce, and
has designated as hazardous under section 5103 of Federal hazardous
materials transportation law (49 U.S.C. 5103). The term includes
hazardous substances, hazardous wastes, marine pollutants, elevated
temperature materials, materials designated as hazardous in the
Hazardous Materials Table (see 49 CFR 172.101), and materials that meet
the defining criteria for hazard classes and divisions in part 173 of
this subchapter.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
6. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701, 49 CFR 1.53.
0
7. In Sec. 172.101, paragraph (c)(10)(ii) is revised to read as
follows:
[[Page 60940]]
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(c) * * *
(10) * * *
(ii) If one or more of the conditions in paragraphs (c)(10)(i)(A)
through (F) of this section is satisfied then the proper shipping name
selection process in (c)(12)(ii) must be used.
* * * * *
0
8. In Sec. 172.101, in the Hazardous Materials Table, the following
entries are revised to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 60941]]
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
materials Hazard -------------------------------------------------- Sec. Sec. 173.27 and -------------------------------
Symbols descriptions and class or Identification PG Label codes Special provisions -------------175.75)------------
proper shipping division numbers (Sec. 172.102) Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............ (7)............... (8A)........... (8B)........... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
��������������
* * * * * * *
+............ Aminophenols (o-; .......... ................. ............... ............... .................. ............... ............... .............. .............. .............. .............. ..............
m-; p-).
* * * * * * *
G............ Cyanide solutions, 6.1 UN1935........... I.............. 6.1............ T14, TP2, TP13, None........... 201............ 243........... 1 L........... 30 L.......... B............. 40, 52
n.o.s.. TP27.
II............. 6.1............ IB2, T11, TP2, 153............ 202............ 243........... 5 L........... 60 L.......... A............. 40, 52
TP13, TP27.
III............ 6.1............ IB3, T7, TP2, 153............ 203............ 241........... 60 L.......... 220 L......... A............. 40, 52
TP13, TP28.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 60942]]
* * * * *
Sec. 172.102 [Amended]
0
9. Amend Sec. 172.102 as follows:
0
a. In paragraph (c)(3), Special Provisions B37, B50 and B60 are
removed.
0
b. In paragraph (c)(5), Special Provision N72 is removed.
Sec. 172.204 [Amended]
0
10. In Sec. 172.204, in paragraph (a)(2), the wording ``labelled/
placarded'' is revised to read ``labeled/placarded''.
0
11. In Sec. 172.514, paragraph (c)(4) is revised to read as follows:
Sec. 172.514 Bulk packagings.
* * * * *
(c) * * *
(4) An IBC. For an IBC labeled in accordance with subpart E of this
part instead of placarded, the IBC may display the proper shipping name
and UN identification number in accordance with the size requirements
of Sec. 172.302(b)(2) in place of the UN number on an orange panel,
placard or white square-on-point; and
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
12. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
13. In Sec. 173.12, paragraphs (b)(2)(ii)(B) and (C) are revised to
read as follows:
Sec. 173.12 Exceptions for shipment of waste materials.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(B) At a minimum, a double-walled UN 4G fiberboard box made out of
500 pound burst-strength fiberboard fitted with a polyethylene liner at
least 3 mils (0.003 inches) thick and when filled during testing to 95
percent capacity with a solid material, successfully passes the tests
prescribed in Sec. Sec. 178.603 (drop) and 178.606 (stacking), and is
capable of passing the tests prescribed in Sec. 178.608 (vibration) to
at least the Packing Group II performance level for liquids or solids;
or
(C) A UN 11G fiberboard intermediate bulk container (IBC) or a UN
11HH2 composite IBC, fitted with a polyethylene liner at least 6 mils
(0.006 inches) thick, that successfully passes the tests prescribed in
Subpart O of Part 178 and Sec. 178.603 to at least the Packing Group
II performance level for liquids or solids; a UN 11HH2 is composed of
multiple layers of encapsulated corrugated fiberboard between inner and
outer layers of woven coated polypropylene.
* * * * *
0
14. In Sec. 173.35, paragraphs (g) and (h) are revised to read as
follows:
Sec. 173.35 Hazardous materials in IBCs.
* * * * *
(g) Each IBC used for transportation of solids which may become
liquid at temperatures likely to be encountered during transportation
must also be capable of containing the substance in the liquid state.
(h) Liquid hazardous materials may only be offered for
transportation in a metal, rigid plastic, or composite IBC that is
appropriately resistant to an increase in internal pressure likely to
develop during transportation.
(1) A rigid plastic or composite IBC may only be filled with a
liquid having a vapor pressure less than or equal to the greater of the
following two values: The first value is determined from any of the
methods in paragraphs (h)(1)(i), (ii) or (iii) of this section. The
second value is determined by the method in paragraph (h)(1)(iv) of
this section.
(i) The gauge pressure (pressure in the IBC above ambient
atmospheric pressure) measured in the IBC at 55 [deg]C (131 [deg]F).
This gauge pressure must not exceed two-thirds of the marked test
pressure and must be determined after the IBC was filled and closed at
15 [deg]C (60 [deg]F) to less than or equal to 98 percent of its
capacity.
(ii) The absolute pressure (vapor pressure of the hazardous
material plus atmospheric pressure) in the IBC at 50 [deg]C (122
[deg]F). This absolute pressure must not exceed four-sevenths of the
sum of the marked test pressure and 100 kPa (14.5 psia).
(iii) The absolute pressure (vapor pressure of the hazardous
material plus atmospheric pressure) in the IBC at 55 [deg]C (131
[deg]F). This absolute pressure must not exceed two-thirds of the sum
of the marked test pressure and 100 kPa (14.5 psia).
(iv) Twice the static pressure of the substance, measured at the
bottom of the IBC. This value must not be less than twice the static
pressure of water.
(2) Liquids having a vapor pressure greater than 110 kPa (16 psig)
at 50 [deg]C (122 [deg]F) or 130 kPa (18.9 psig) at 55 [deg]C (131
[deg]F) may not be transported in metal IBCs.
* * * * *
0
15. In Sec. 173.134, in the last paragraph, the second alphanumerical
number (c) for transitional provisions, is renumbered to (e) and
revised to read as follows:
Sec. 173.134 Class 6, Division 6.2--Definitions and exceptions.
* * * * *
(e) Transitional provisions. The authorization for continued use of
the criteria for packing group assignments in effect on December 31,
2006 ended on January 1, 2012.
0
16. In Sec. 173.159a, paragraph (c) introductory text is revised to
read as follows:
Sec. 173.159a Exceptions for non-spillable batteries.
* * * * *
(c) Non-spillable batteries, as determined in accordance with Sec.
173.159(f) of this subpart, are excepted from the packaging
requirements of Sec. 173.159 under the following conditions:
* * * * *
0
17. In Sec. 173.319, paragraph (a)(3) is revised to read as follows:
Sec. 173.319 Cryogenic liquids in tank cars.
(a) * * *
(3) The shipper must notify the Federal Railroad Administration
whenever a tank car containing any flammable cryogenic liquid is not
received by the consignee within 20 days from the date of shipment.
Notification to the Federal Railroad Administration may be made by
email to HMassist@dot.gov or telephone call to (202) 493-6245.
* * * * *
0
18. In Sec. 173.435, in the Table of A1 and A2
values for radionuclides, the entry ``Sm-147'' is revised to read as
follows:
Sec. 173.435 Table of A1 and A2 values for radionuclides.
* * * * *
[[Page 60943]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Specific activity
Symbol of radionuclide Element and A1(TBq) A1(Ci)\b\ A2(TBq) A2(Ci)\b\ ---------------------------------
atomic number (TBq/g) (Ci/g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Sm-147.......................... Unlimited...... Unlimited...... Unlimited...... Unlimited...... 8.5 x 10-\10\ 2.3 x 10-\8\
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
19. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 4101-51128; 44701; 49 CFR 1.45 and 1.53.
0
20. In Sec. 175.702, in paragraph (a)(2)(ii), the table heading is
revised to read as follows:
Sec. 175.702 Separation distance requirements for packages containing
Class 7 (radioactive) materials in cargo aircraft.
* * * * *
(a) * * *
(2) * * *
(ii) * * *
------------------------------------------------------------------------
Transport index or sum of transport Minimum separation distances
indexes of all packages in the ---------------------------------
aircraft or predesignated area Centimeters Inches
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
21. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
22. In Sec. 178.46, paragraph (k)(2) is revised to read as follows:
Sec. 178.46 Specification 3AL seamless aluminum cylinders.
* * * * *
(k) * * *
(2) The inspector must verify ultrasonic inspection of all material
by inspection or by obtaining the material producer's certificate of
ultrasonic inspection. Ultrasonic inspection must be performed or
verified as having been performed in accordance with paragraph (b)(5)
of this section.
* * * * *
Sec. 178.70 [Amended]
0
23. In Sec. 178.70, in paragraph (e)(5), the reference ``Sec.
178.72'' is removed and the reference ``Sec. 178.71'' is added in its
place.
0
24. In Sec. 178.71, paragraphs (g)(1), (g)(2) and (k)(1)(i) are
revised to read as follows:
Sec. 178.71 Specifications for UN pressure receptacles.
* * * * *
(g) * * *
(1) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.
(IBR, see Sec. 171.7 of this subchapter).
(2) ISO 9809-2: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa. (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(k) * * *
(1) * * *
(i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.
* * * * *
0
25. In Sec. 178.75, paragraphs (d)(3)(i) and (d)(3)(ii) are revised to
read as follows:
Sec. 178.75 Specifications for MEGCs.
* * * * *
(d) * * *
(3) * * *
(i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.
(IBR, see Sec. 171.7 of this subchapter);
(ii) ISO 9809-2: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa. (IBR, see Sec. 171.7 of this subchapter);
* * * * *
0
26. In Sec. 178.503, paragraphs (d) introductory text and (e) are
revised to read as follows:
Sec. 178.503 Marking of packagings.
* * * * *
(d) Marking of remanufactured packagings. For remanufactured metal
drums, if there is no change to the packaging type and no replacement
or removal of integral structural components, the required markings
need not be permanent (e.g., embossed). Every other remanufactured drum
must bear the marks required in paragraphs (a)(1) through (a)(6) of
this section in a permanent form (e.g., embossed) on the top head or
side. If the metal thickness marking required in paragraph (a)(9)(i) of
this section does not appear on the bottom of the drum, or if it is no
longer valid, the remanufacturer also must mark this information in
permanent form.
(e) The following are examples of symbols and required markings.
(1)(i) The United Nations symbol is:
[GRAPHIC] [TIFF OMITTED] TR05OC12.059
(ii) The circle that surrounds the letters ``u'' and ``n'' may have
small breaks provided the following provisions are met:
[[Page 60944]]
(A) The total gap space does not exceed 15 percent of the
circumference of the circle;
(B) There are no more than four gaps in the circle;
C) The spacing between gaps is separated by no less than 20 percent
of the circumference of the circle (72 degrees); and
D) The letters ``u'' and ``n'' appear exactly as depicted in Sec.
178.503(e)(1)(i) with no gaps.
(2) Examples of markings for a new packaging are as follows:
(i) For a fiberboard box designed to contain an inner packaging:
[GRAPHIC] [TIFF OMITTED] TR05OC12.060
(as in Sec. 178.503 (a)(1) through (9) of this subpart).
(ii) For a steel drum designed to contain liquids:
[GRAPHIC] [TIFF OMITTED] TR05OC12.061
(as in Sec. 178.503 (a)(1) through (10) of this subpart).
(iii) For a steel drum to transport solids or inner packagings:
[GRAPHIC] [TIFF OMITTED] TR05OC12.062
(as in Sec. 178.503 (a)(1) through (8) of this subpart).
(3) Examples of markings for reconditioned packagings are as
follows:
[GRAPHIC] [TIFF OMITTED] TR05OC12.063
(as in Sec. 178.503(c)(1)).
* * * * *
0
27. In Sec. 178.601, paragraph (c)(4)(v) is revised to read as
follows:
Sec. 178.601 General requirements.
* * * * *
(c) * * *
(4) * * *
(v) A packaging identified in paragraph (g)(3) or (g)(4) of this
section,
[[Page 60945]]
which differs from the design type only in a lesser design height; or
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
28. The authority citation for part 179 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
29. In Appendix B to Part 179, paragraphs 2.a.(1) and 3.a.(1) are
revised to read as follows:
Appendix B to Part 179--Procedures for Simulated Pool and Torch-Fire
Testing.
* * * * *
2. Simulated pool fire test.
a. A pool-fire environment must be simulated in the following
manner:
(1) The source of the simulated pool fire must be hydrocarbon
fuel with a flame temperature of 871 [deg]C plus or minus 55.6
[deg]C (1600[emsp14][deg]F plus-or-minus 100[emsp14][deg]F)
throughout the duration of the test.
* * * * *
3. Simulated torch fire test.
a. A torch-fire environment must be simulated in the following
manner:
(1) The source of the simulated torch must be a hydrocarbon fuel
with a flame temperature of 1,204 [deg]C plus-or-minus 55.6 [deg]C
(2,200 [deg]F plus or minus 100 [deg]F), throughout the duration of
the test. Furthermore, torch velocities must be 64.4 km/h 16 km/h (40 mph 10 mph) throughout the duration of
the test.
* * * * *
Issued in Washington, DC, on September 27, 2012 under authority
delegated in 49 CFR part 1.
Timothy P. Butters,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2012-24263 Filed 10-4-12; 8:45 am]
BILLING CODE 4910-60-P
