[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Rules and Regulations]
[Pages 53182-53189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24807]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 174, 180
[Docket No. PHMSA-2009-0237 (HM-244B)]
RIN 2137-AE50
Hazardous Materials: Minor Editorial Corrections and
Clarifications
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for
[[Page 53183]]
clarification, improves the clarity of certain provisions in the
Hazardous Materials Regulations. The intended effect of this rule is to
enhance the accuracy and reduce misunderstandings of the regulations.
The amendments contained in this rule are non-substantive changes and
do not impose new requirements.
DATES: Effective date: October 16, 2009.
FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous
Materials Standards, 202-366-8553, PHMSA, East Building, PHH-10, 1200
New Jersey Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
(``we'') annually reviews the Hazardous Materials Regulations (HMR; 49
CFR Parts 171-180) to identify typographical and other errors, outdated
addresses or other contact information, and similar errors. In this
final rule, we are correcting typographical errors, incorrect CFR
references and citations, an incomplete office address, inconsistent
use of terminology, misstatements of certain regulatory requirements
and inadvertent omissions of information. Because these amendments do
not impose new requirements, notice and public comment procedures are
unnecessary. By making these amendments effective without the customary
30-day delay following publication, the changes will appear in the next
revision of the 49 CFR.
II. Section by Section Review
The following is a summary by section of the more substantive
changes made in this final rule. The summary does not include minor
editorial corrections such as punctuation errors or similar minor
revisions.
Part 107
Appendix A to Subpart D of Part 107: In Appendix A to Subpart D of
Part 107, in part II ``List of Frequently Cited Violations,'' under the
heading ``Manufacturing, Reconditioning, Retesting Requirements,''
under ``F. Cylinder Requalification'' entry 7, in the second column, we
are correcting the reference to ``Sec. 178.205(c)'' to ``Sec.
180.205(c).''
Section 107.705
This section prescribes requirements for persons who file
registrations, reports, and applications for approval. We are updating
the office mailing address in paragraph (a)(1) for submitting these
documents.
Part 171
Section 171.8
This section contains definitions for certain terms used in the
HMR. We are revising the definition for ``commerce'' in Sec. 171.8 to
align it with the definition contained in the Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.), as amended by the Hazardous Materials Safety and Security
Reauthorization Act of 2005 (the Act; Title VII of Public Law 109-59,
119 Stat. 1144 (August 10, 2005)). The revised definition adds
transportation on a United States-registered aircraft to clarify that
such transportation is considered transportation in commerce for
purposes of Federal hazmat law and the HMR. In this final rule, we are
revising the definition of ``commerce'' in the HMR to read: ``Commerce
means trade or transportation in the jurisdiction of the United States
within a single state; between a place in a state and a place outside
of the state; that affects trade or transportation between a place in a
state and place outside of the state; or on a United States-registered
aircraft.'' In addition, we are revising the definition of ``material
poisonous by inhalation'' to clarify that the term is synonymous with
``material toxic by inhalation.''
Section 171.12
This section prescribes requirements for hazardous materials
shipments transported to or from Canada or Mexico. Paragraph (a)(1)
provides that these shipments must meet the applicable requirements in
Sec. Sec. 171.22 and 171.23; these sections are contained in Subpart C
of Part 171. Therefore, we are also revising the introductory language
in the last sentence in paragraph (a)(1) to include compliance with the
applicable requirements in ``subpart C of this part.''
Section 171.15
This section prescribes requirements for the immediate telephonic
notification of certain hazardous materials incidents. In this final
rule, we are revising paragraph (a) to permit notifications to the
National Response Center to be submitted electronically through an
Internet site.
Section 171.22
This section contains authorizations and conditions for the use of
international standards and regulations for the transportation of
hazardous materials to, from, or within the United States. As stated
earlier in the preamble discussion to Sec. 171.8, the definition of
``commerce'' is revised in this final rule to recognize that the term
includes the transportation of hazardous materials aboard any United
States-registered aircraft. Consistent with the revision made to the
definition of ``commerce,'' we are revising paragraph (a) in Sec.
171.22 to clarify that the authorization provided in this section for
use of international standards applies to transportation on U.S.-
registered aircraft anywhere in the world, not just to transportation
in commerce of hazardous materials ``to, from, or within the United
States.''
Part 172
Section 172.101
This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. In this final
rule, we are removing the entries ``Nitrous oxide and carbon dioxide
mixtures, see Carbon dioxide and nitrous oxide mixtures,'' ``Oxygen and
carbon dioxide mixtures, see Carbon dioxide and oxygen mixtures,'' and
``Oxygen, mixtures with rare gases, see Rare gases and oxygen
mixtures'' because the HMT entries to which the reader is directed are
no longer in the HMT. These entries, ``Carbon dioxide and nitrous oxide
mixtures, UN1015,'' ``Carbon dioxide and oxygen mixtures, compressed,
UN1014,'' and Rare gases and oxygen mixtures, compressed, UN1980, were
removed in a final rule published under Docket HM-215I (71 FR 78596;
December 29, 2006).
Section 172.320
This section prescribes marking requirements for packages of Class
1 (explosive) materials. We are removing paragraph (e)(4) because it
contains an obsolete provision and the paragraph designation is
reserved.
Part 173
Section 173.62
This section prescribes the specific packaging requirements for
explosives. We are correcting the formatting of Packing Instruction 134
in the Table of Packing Methods to move the fibreboard (4G) package
from the column headed ``Inner packagings'' to the column headed
``Outer packagings.'' This reformatting error occurred in the printing
of a previous rulemaking.
Section 173.124
This section prescribes the definitions for Class 4, Divisions 4.1,
4.2 and 4.3 materials. Due to a printing error, the test procedure for
assigning a self-reactive material to a generic type was
[[Page 53184]]
inadvertently printed in multiple locations and the definition of a
type C self-reactive material was inadvertently omitted from this
section. Therefore, to correct this printing error, we are revising
paragraphs (a)(2)(ii)(C) and (a)(2)(iii)(C) to delete the duplicate
test procedure and reinstate the definition of a type C self-reactive
material.
Section 173.133
This section prescribes the assignment of packing group and hazard
zones for Division 6.1 materials. We are revising the table in Sec.
173.133(a)(1) to correct the reference to Sec. 172.203(m)(2) to read
Sec. 172.203(m).
Section 173.168
This section specifies requirements for transportation of chemical
oxygen generators. Paragraph (d)(2)(i) contains the test procedure and
acceptance criteria for the Flame Penetration Resistance Test. In a
September 28, 2007 final rule (72 FR 55091), we moved the entire test
procedure to new Appendix E to Part 178 but failed to remove the
corresponding language in paragraph (d)(2)(i). In this final rule, we
are revising paragraph (d) to remove the duplicative language.
Section 173.304
This section prescribes filling requirements for cylinders of
liquefied compressed gases. We are revising paragraph (f)(3)(ii) to
correct ``part 78'' to read ``part 178.''
Part 174
Section 174.59
This section prescribes marking and placarding requirements for
rail cars offered for transportation. In the last sentence, we are
correcting a reference to Sec. 171.12a to read Sec. 171.12.
Part 176
Section 176.415
This section prescribes requirements for the transportation by
vessel of Division 1.5, ammonium nitrates, and certain ammonium nitrate
fertilizers. We are correcting paragraph (c)(4) to remove the word
``and'' at the end of the sentence.
Part 180
Section 180.209
This section, which prescribes requalification requirements for DOT
specification cylinders, contains a paragraph (a)(1) but no (a)(2). We
are correcting this formatting inconsistency by removing the paragraph
designation ``(1)'' preceding the first full sentence.
Section 180.407
This section prescribes periodic requalification requirements for
specification cargo tanks. Paragraphs (c) and (h) require each cargo
tank to be tested for leaks, to include the product piping with all
valves and accessories in place and operative. Paragraph (h)(2) permits
cargo tanks equipped with vapor collection equipment and used to
transport petroleum distillate fuels to be leakage tested in accordance
with the Environmental Protection Agency's (EPA's) Method 27 in place
of the HMR requirement and specifies that the test must be conducted in
accordance with the test methods and procedures prescribed in 40 CFR
63.425(e)(1). However, the paragraph inadvertently fails to reference
the required cargo tank internal valve test procedures in paragraph
(e)(2). Therefore, in this final rule, we are revising paragraph (h)(2)
in Sec. 180.407 of the HMR to reference 40 CFR 63.425(e)(2).
Section 180.605
This section prescribes requalification requirements for
specification and UN portable tanks. Paragraph (h)(1) prescribes the
pressure test procedures for specification 51, 56, and 57 portable
tanks; however, the paragraph heading does not reference specification
56 portable tanks. In this final rule, are revising paragraph (h)
heading to include the specification 56 portable tanks.
III. Regulatory Analyses and Notices
A. Statutory Authority
This final rule is published under authority of 49 U.S.C. 5103(b),
which authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. The
purpose of this final rule is to remove unnecessary cross references to
the hazardous materials table, correct mailing addresses, grammatical
and typographical errors, and, in response to requests for
clarification, improve the clarity of certain provisions in the
Hazardous Materials Regulations.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This final rule does not
impose new or revised requirements for hazardous materials shippers or
carriers; therefore, it is not necessary to prepare a regulatory impact
analysis.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government; or (2) imposes substantial direct
compliance costs on state and local governments. PHMSA is not aware of
any state, local, or Indian tribe requirements that would be preempted
by correcting editorial errors and making minor regulatory changes.
This final rule does not have sufficient federalism impacts to warrant
the preparation of a federalism assessment.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses, or other
organizations.
F. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $141.3
million or more to either state, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.
[[Page 53185]]
G. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
I. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 107
Hazardous materials transportation program procedures.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Carriage by rail.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
Appendix A to Subpart D of Part 107--[Amended]
0
2. In Appendix A to Subpart D of Part 107, in the List of Frequently
Cited Violations (Part II), under the heading ``Manufacturing,
Reconditioning, and Retesting Requirements,'' under ``F. Cylinder
Requalification:'', revise entry 7 to read as follows:
II--List of Frequently Cited Violations
----------------------------------------------------------------------------------------------------------------
Violation description Section or cite Baseline assessment
----------------------------------------------------------------------------------------------------------------
Manufacturing, Reconditioning, and Retesting Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
F. Cylinder Requalification: * * *....... 171.2(c), (e), 180.205(c), $2,000 to $6,000.
7. Representing, marking, or certifying a Applicable Exemption or
cylinder as meeting the requirements of Special Permit.
an exemption or special permit when the
cylinder was not maintained or retested
in accordance with the exemption or
special permit.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 107.705, revise paragraph (a)(1) to read as follows:
Sec. 107.705 Registrations, reports, and applications for approval.
(a) * * *
(1) File the registration, report, or application with the
Associate Administrator for Hazardous Materials Safety (Attention:
Approvals, PHH-32), Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, East Building, 2nd
Floor, E23-406, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Alternatively, the document with any attached supporting documentation
in an appropriate format may be filed by facsimile (fax) to: (202) 366-
3753 or (202) 366-3308 or by electronic mail (e-mail) to:
[email protected].
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
4. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
5. In Sec. 171.8, revise the definitions for ``commerce'' and
``materials poisonous by inhalation'' to read as follows:
Sec. 171.8 Definitions and Abbreviations
* * * * *
Commerce means trade or transportation in the jurisdiction of the
United States within a single state; between a place in a state and a
place outside of the state; that affects trade or transportation
between a place in a state and place outside of the state; or on a
United States-registered aircraft.
* * * * *
Material poisonous by inhalation or Material toxic by inhalation
means:
(1) A gas meeting the defining criteria in Sec. 173.115(c) of this
subchapter and assigned to Hazard Zone A, B, C, or D in accordance with
Sec. 173.116(a) of this subchapter;
(2) A liquid (other than as a mist) meeting the defining criteria
in Sec. 173.132(a)(1)(iii) of this subchapter and assigned to Hazard
Zone A or B in accordance with Sec. 173.133(a) of this subchapter; or
(3) Any material identified as an inhalation hazard by a special
provision in column 7 of the Sec. 172.101 table.
* * * * *
0
6. In Sec. 171.12, revise paragraph (a)(1) to read as follows:
[[Page 53186]]
Sec. 171.12 North American Shipments.
(a) * * *
(1) A hazardous material transported from Canada to the United
States, from the United States to Canada, or transiting the United
States to Canada or a foreign destination may be offered for
transportation or transported by motor carrier and rail in accordance
with the Transport Canada TDG Regulations (IBR, see Sec. 171.7) as
authorized in Sec. 171.22, provided the requirements in Sec. Sec.
171.22 and 171.23, as applicable, and this section are met. In
addition, a cargo tank motor vehicle, portable tank or rail tank car
authorized by the Transport Canada TDG Regulations may be used for
transportation to, from, or within the United States provided the cargo
tank motor vehicle, portable tank or rail tank car conforms to the
applicable requirements of this section. Except as otherwise provided
in this subpart and subpart C of this part, the requirements in parts
172, 173, and 178 of this subchapter do not apply for a material
transported in accordance with the Transport Canada TDG Regulations.
* * * * *
0
7. In Sec. 171.15, revise paragraph (a) introductory text to read as
follows:
Sec. 171.15 Immediate notice of certain hazardous materials
incidents.
(a) General. As soon as practical but no later than 12 hours after
the occurrence of any incident described in paragraph (b) of this
section, each person in physical possession of the hazardous material
must provide notice to the National Response Center (NRC) by telephone
at 800-424-8802 (toll free) or 202-267-2675 (toll call) or online at
http://www.nrc.uscg.mil. Notice involving an infectious substance
(etiologic agent) may be given to the Director, Centers for Disease
Control and Prevention (CDC), U.S. Public Health Service, Atlanta, GA,
800-232-0124 (toll free), in place of notice to the NRC. Each notice
must include the following information:
* * * * *
0
8. In Sec. 171.22, revise paragraph (a) to read as follows:
Sec. 171.22 Authorization and conditions for the use of
international standards and regulations.
(a) Authorized international standards and regulations. This
subpart authorizes, with certain conditions and limitations, the
offering for transportation and the transportation in commerce of
hazardous materials in accordance with the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), the International
Maritime Dangerous Goods Code (IMDG Code), Transport Canada's
Transportation of Dangerous Goods Regulations (Transport Canada TDG
Regulations), and the International Atomic Energy Agency Regulations
for the Safe Transport of Radioactive Material (IAEA Regulations) (IBR,
see Sec. 171.7).
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
9. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
10. In Sec. 172.101, in the Hazardous Materials Table, remove the
following entries.
[[Page 53187]]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (See (10) Vessel stowage
materials Hazard Special -------------------------------------------------- Sec. Sec. 173.27 and -------------------------------
Symbols descriptions and class or Identification PG Label codes provisions -------------175.75)------------
proper shipping division numbers (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names 172.102) aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)............ (8A)........... (8B)........... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]
* * * * * * *
Nitrous oxide and
carbon dioxide
mixtures, see
Carbon dioxide
and nitrous oxide
mixtures.
* * * * * * *
Oxygen and carbon
dioxide mixtures,
see Carbon
dioxide and
oxygen mixtures.
* * * * * * *
Oxygen, mixtures
with rare gases,
see Rare gases
and oxygen
mixtures.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53188]]
* * * * *
0
11. In Sec. 172.320, revise paragraph (e) to read as follows:
Sec. 172.320 Explosive hazardous materials.
* * * * *
(e) The requirements of this section do not apply to the following
Class 1 materials:
(1) Those being shipped to a testing agency in accordance with
Sec. 173.56(d) of this subchapter;
(2) Those being shipped in accordance with Sec. 173.56(e) of this
subchapter, for the purposes of developmental testing;
(3) Those which meet the requirements of Sec. 173.56(h) of this
subchapter and therefore are not subject to the approval process of
Sec. 173.56 of this subchapter;
(4) [Reserved];
(5) Those that are transported in accordance with Sec.
173.56(c)(2) of this subchapter and, therefore, are covered by a
national security classification currently in effect.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
12. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
13. In Sec. 173.62, in paragraph (c), revise Packing instruction 134
in the Table of Packing Methods to read as follows:
Sec. 173.62 Specific packaging requirements for explosives.
* * * * *
(c) * * *
Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Intermediate
Packing instruction Inner packagings packagings Outer packagings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
134................................ Bags.................. Not necessary......... Boxes.
water resistant...... steel (4A).
Receptacles........... aluminium (4B).
fibreboard........... wood, natural, ordinary
metal................ (4C1).
plastics............. wood, natural, sift proof
wood................. walls (4C2).
Sheets................ plywood (4D).
fibreboard, reconstituted wood (4F).
corrugated. fibreboard (4G).
Tubes................. plastics, expanded (4H1).
fibreboard........... plastics, solid (4H2).
Drums.
fibreboard (1G).
plastics, removable head
(1H2).
steel, removable head
(1A2).
aluminium, removable head
(1B2).
plywood (1D).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
14. In Sec. 173.124, revise paragraphs (a)(2)(ii)(C) and
(a)(2)(iii)(C) to read as follows:
Sec. 173.124 Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.
(a) * * *
(2) * * *
(ii) * * *
(C) Type C. Self-reactive material type C is a self-reactive
material which, as packaged for transportation, neither detonates nor
deflagrates rapidly and cannot undergo a thermal explosion.
* * * * *
(iii) * * *
(C) Performance of the self-reactive material under the test
procedures specified in the UN Manual of Tests and Criteria (IBR, see
Sec. 171.7 of this subchapter) and the provisions of paragraph
(a)(2)(iii) of this section; and
* * * * *
0
15. In Sec. 173.133, in paragraph (a)(2)(i), revise Note 2 following
the table to read as follows:
Sec. 173.133 Assignment of packing group and hazard zones for
Division 6.1 materials.
(a) * * *
(2) * * *
(i) * * *
Note 2: A liquid in Division 6.1 meeting criteria for Packing
Group I, Hazard Zones A or B stated in paragraph (a)(2) of this
section is a material poisonous by inhalation subject to the
additional hazard communication requirements in Sec. Sec.
172.203(m), 172.313 and table 1 of Sec. 172.504(e) of this
subchapter.
* * * * *
0
16. In Sec. 173.168, revise paragraph (d)(2) to read as follows:
Sec. 173.168 Chemical oxygen generators.
* * * * *
(d) * * *
(2) After September 30, 2009, with its contents, is capable of
meeting the following additional requirements when transported by
cargo-only aircraft:
(i) The Flame Penetration Resistance Test specified in Appendix E
to part 178 of this subchapter.
(ii) The Thermal Resistance Test specified in Appendix D to part
178 of this subchapter.
* * * * *
0
17. In Sec. 173.304, revise paragraph (f)(3)(ii) to read as follows:
Sec. 173.304 Filling of cylinders with liquefied compressed gases.
* * * * *
(f) * * *
(3) * * *
(ii) After September 30, 2009, is capable of passing, as
demonstrated by design testing, the Flame Penetration Resistance Test
specified in part III of Appendix E to part 178 of this subchapter; and
* * * * *
[[Page 53189]]
PART 174--CARRIAGE BY RAIL
0
18. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
19. Revise Sec. 174.59 to read as follows:
Sec. 174.59 Marking and placarding of rail cars.
No person may transport a rail car carrying hazardous materials
unless it is marked and placarded as required by this subchapter.
Placards and car certificates lost in transit must be replaced at the
next inspection point, and those not required must be removed at the
next terminal where the train is classified. For Canadian shipments,
required placards lost in transit, must be replaced either by those
required by part 172 of this subchapter or by those authorized under
Sec. 171.12.
PART 176--CARRIAGE BY VESSEL
0
20. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
21. In Sec. 176.415, make the following amendments:
0
a. At the end of paragraph (c)(2), remove the period and add a semi-
colon in its place;
0
b. At the end of paragraph (c)(3), remove the semi-colon and add ``;
and'' in its place; and
0
c. Revise paragraph (c)(4).
The revision reads as follows:
Sec. 176.415 Permit requirements for Division 1.5, ammonium nitrates,
and certain ammonium nitrate fertilizers.
* * * * *
(c) * * *
(4) Each facility at which the material is to be loaded or unloaded
must be located so that each vessel to be loaded or unloaded has an
unrestricted passage to open water. Each vessel must be moored bow to
seaward, and must be maintained in a mobile status during loading,
unloading, or handling operations by the presence of tugs or the
readiness of engines. Each vessel must have two wire towing hawsers,
each having an eye splice, lowered to the water's edge, one at the bow
and the other at the stern.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
22. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
23. In Sec. 180.209, revise paragraph (a)(1) introductory text to read
as follows:
Sec. 180.209 Requirements for requalification of specification
cylinders.
(a) Periodic qualification of cylinders. Each specification
cylinder that becomes due for periodic requalification, as specified in
the following table, must be requalified and marked in conformance with
the requirements of this subpart. Requalification records must be
maintained in accordance with Sec. 180.215. Table 1 follows:
* * * * *
0
24. In Sec. 180.407, revise paragraph (h)(2) to read as follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
* * * * *
(h) * * *
(2) Cargo tanks used to transport petroleum distillate fuels that
are equipped with vapor collection equipment may be leak tested in
accordance with the Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using
Pressure-Vacuum Test,'' as set forth in Appendix A to 40 CFR part 60.
Test methods and procedures and maximum allowable pressure and vacuum
changes are in 40 CFR 63.425(e). The hydrostatic test alternative,
using liquid in Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using
Pressure-Vacuum Test,'' may not be used to satisfy the leak testing
requirements of this paragraph. The test must be conducted using air.
* * * * *
0
25. In Sec. 180.605, revise the heading to paragraph (h) to read as
follows:
Sec. 180.605 Requirements for periodic testing, inspection and repair
of portable tanks.
* * * * *
(h) Pressure test procedures for specification 51, 56, 57, 60, IM
or UN portable tanks. * * *
* * * * *
Issued in Washington, DC, on October 1, 2009, under authority
delegated in 49 CFR part 1.
Cynthia Douglass,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. E9-24807 Filed 10-15-09; 8:45 am]
BILLING CODE 4910-60-P