[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Rules and Regulations]
[Pages 53593-53598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21759]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 176, 177, 179, and 180
[Docket No. PHMSA-2010-0195 (HM-244C)]
RIN 2137-AE61
Hazardous Materials: Minor Editorial Corrections and
Clarifications
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations. The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the regulations. The
amendments contained in this rule are non-substantive changes and do
not impose new requirements.
DATES: Effective Date: October 1, 2010.
FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous
Materials Standards, 202-366-8553, PHMSA, East Building, PHH-10, 1200
New Jersey Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts
171-180) to identify typographical and other errors, outdated addresses
or other contact information, and similar errors. In this final rule,
we are correcting typographical errors, incorrect CFR references and
citations, inconsistent use of terminology, misstatements of certain
regulatory requirements and inadvertent omissions of information.
Because these amendments do not impose new requirements, notice and
public comment procedures are unnecessary. By making these amendments
effective without the customary 30-day delay following publication, the
changes will appear in the next revision of the 49 CFR.
II. Section by Section Review
The following is a summary by section of the minor editorial
corrections and clarifications made in this final rule. The summary
does not include minor editorial corrections such as punctuation errors
or similar minor revisions.
Part 107
Section 107.117
This section sets forth conditions and procedures for emergency
processing for an application for a special permit. The daytime
telephone number for the Federal Motor Carrier Administration in
paragraph (d)(3) is no longer correct. Accordingly, we are revising
this contact number.
Section 107.329
This section sets forth the maximum and minimum civil penalties for
violations of the Federal hazardous material transportation law, 49
U.S.C. 5101 et seq., and violations of regulations issued pursuant to
that law. Those maximum and minimum penalties were most recently
adjusted on December 29, 2009 (74 FR 68701) to consider the effects of
inflation since reauthorization of the Federal hazardous material
transportation law in August 2005. We found that the inflation
adjustment in the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. 2461 note) (the Act)--the change in the CPI-U over the
prescribed period--was 12.5%, but that the Act limited the adjustment
of the maximum and minimum civil penalties to 10%. These adjusted
maximum and minimum civil penalties apply to any violation occurring on
or after January 1, 2010.
More recently, it has been called to our attention that we did not
apply the ``rounding'' requirement in Section 5 of the Act in making
adjustments to the minimum civil penalty amounts. Applying the 12.5%
increase in the CPI-U to the $450 minimum penalty for a violation
related to training produces an increase of $56.25, which would be
rounded to $100--except for the limitation in the Act that the initial
adjustment may not exceed 10%. Thus, the adjusted minimum penalty of
$495 for a violation related to training was correct. However, when the
$250 minimum penalty amount for other violations is increased by 12.5%,
the result would be an increase of $31.25, which must be rounded to the
nearest $100--or $0. Thus, we should have left the minimum civil
penalty for other violations at $250. Accordingly, we are correcting
this error in both Sec. 107.329 and Sec. 171.1(g). PHMSA does not
believe that the improper $275 civil penalty amount has been used in
any enforcement case arising out of
[[Page 53594]]
violations that occurred on or after January 1, 2010, and we will
continue to use the proper $250 amount in such enforcement cases that
have arisen since that date.
Part 171
Section 171.6
Section 171.6 consolidates and displays the control numbers
assigned to the HMR collections of information by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
This section complies with the requirements of 5 CFR 1320.7(f),
1320.12, 1320.13 and 1320.14 (OMB regulations implementing the
Paperwork Reduction Act of 1995) for the display of control numbers
assigned by OMB to collections of information of the HMR. In paragraph
(b)(2), the table of OMB control numbers is revised to update affected
sections for OMB control numbers 2137-0022 and 2137-0572.
Section 171.7
Paragraph (b) of Sec. 171.7 lists materials that are
``informational materials not requiring incorporation by reference''
into the HMR. In the preamble to the HM-244A final rule published in
the Federal Register on October 1, 2008 (73 FR 57001), we stated that
the Compressed Gas Association's (CGA) publication CGA C-1.1, Personnel
Training and Certification Guidelines for Cylinder Requalification By
the Volumetric Expansion Method, could be used as guidance material to
assist cylinder requalifiers in setting up their training procedures
and was not to be considered as a stand alone tool for training persons
on how to perform requalification of cylinders using the volumetric
expansion test method. In that final rule, we also stated we were
removing the entries in Sec. Sec. 171.7(b) and 180.205(g)(6) that
refer to the publication. However, due to an oversight, the amendatory
language was inadvertently omitted. Therefore, in this final rule, we
are removing the entry for CGA C-1.1 from Sec. 171.7(b) and paragraph
(g)(6) from Sec. 180.205.
Part 172
Section 172.101
This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. Some of the
information for the entry ``Helium, compressed, UN1046'' in the HMT was
reported under the incorrect columns. In this final rule, we are
revising the entry ``Helium, compressed, UN1046'' by correcting the
information reported in columns 5, 6, 7, 8a, 8b, and 9a.
Section 172.604
This section prescribes requirements for providing the emergency
response telephone number on hazardous materials shipping papers. As
amended in the final rule, ``Revision of Requirements for Emergency
Response Telephone Numbers,'' HM-206F, published October 19, 2009 (74
FR 53413), we are correcting Sec. 172.604(b)(1) by adding the word
``information'' to the phrase ``emergency response provider'' so that
it reads ``emergency response information provider (ERI provider).'' In
the October 19, 2009 final rule, the word ``information'' was
inadvertently omitted during the printing of the regulatory text.
In paragraphs (b)(1) and (b)(2), we are clarifying the term
``contract number'' by adding the wording ``or other unique identifier
assigned by the ERI provider'' to clarify that the term ``contract
number'' identifies the registrant to the ERI provider. This
clarification should serve to avoid confusion when an ERI provider may
be using the term ``contract number'' for another purpose.
In paragraph (b)(2), we are also clarifying that the person who is
registered with the emergency response provider must be identified by
name or contract number on the shipping paper immediately before,
after, above, or below the emergency response telephone number in a
prominent, readily identifiable, and clearly visible manner that allows
the information to be easily and quickly found unless the name or
identifier is entered elsewhere in a prominent manner in accordance
with paragraph (b)(1).
Section 172.800
This section prescribes hazardous materials security plan
requirements. In a final rule, ``Risk-Based Adjustment of
Transportation Security Plan Requirements,'' HM-232F, published March
9, 2010 (75 FR 10974), there were three drafting errors. First, we
indicated that ``the security planning requirement will apply, as it
does now, to all Division 1.4 explosives transported in quantities that
require placarding under Subpart F of Part 172 of the HMR.'' However,
in the regulatory text to the final rule we referenced Sec. 172.504(c)
in place of Subpart F of Part 172. As a result, the changes may be
interpreted to require placards for certain Division 1.4S materials
that fall under Sec. 172.504(f)(6). This was not our intent. Second,
we indicated, in the final rule, that the security planning requirement
for desensitized explosives in Class 3 and Division 4.1 would apply to
quantities that require placarding under Sec. 172.504(c). This
reference is not clear and is inconsistent with previous references to
``quantities that require placarding under the provisions of Subpart F
of Part 172.'' Therefore, to clarify the first two errors, we are
revising Sec. 172.800(b)(2) and (b)(7) to remove the reference to
``Sec. 172.504(c)'' and replacing it to read ``subpart F of this
part.''
The third error is closely related to the first two errors. We
indicated, in the final rule, that the security planning requirements
for Division 4.3 materials would continue to require security plans for
``any quantity'' of Division 4.3 materials. Again, this reference is
not clear and is inconsistent with previous references to ``quantities
that require placarding under the provisions of Subpart F of Part
172.'' Therefore, to correct this error we are revising Sec.
172.800(b)(9) to read ``any quantity of a Division 4.3 material
requiring placarding in accordance with subpart F of this part,'' as
intended in the final rule to HM-232F.
Part 173
Section 173.27
This section specifies general requirements for packaging hazardous
materials for transportation by aircraft. The reference to Sec. 171.11
in paragraph (f) is no longer valid. Therefore, PHMSA is correcting
this error by revising paragraph (f) to remove the reference to Sec.
171.11 and replacing it with a reference to Sec. 171.22.
Section 173.171
This section prescribes requirements for smokeless powder for small
arms. The entry ``Smokeless powder for small arms (100 pounds or
less),'' NA3178 is only applicable to U.S. transportation as indicated
by the ``D'' in column 1 of the HMT. Therefore, in Sec. 173.171, the
introductory text is revised to clarify that the provisions of this
section applies to domestic transportation only.
Section 173.314
This section prescribes requirements for transporting compressed
gases in tank cars and multi-unit tank cars. For the entry
``Chlorine,'' column 2 of the table entitled ``Outage and filling
limits'' refers to ``Note 13''. There is no ``Note 13.'' To correct
this error, the reference to ``Note 13'' in column 2 of the table, is
removed. In addition, for the entries ``Hydrogen Sulphide'' and
``Hydrogen sulphide, liquefied'' column 1 of the table reflects the
international spelling while the proper shipping name entries
[[Page 53595]]
in the Sec. 172.101 HMT reflect the domestic spelling of ``Hydrogen
sulfide.'' Both spellings are authorized in accordance with Sec.
172.101(c)(1). However, we are revising the entries in the Sec.
173.314 table to read ``Hydrogen Sulfide'' and ``Hydrogen sulfide,
liquefied'' to be consistent with the spelling in the Sec. 172.101
HMT.
Part 176
Section 176.54
This section prescribes requirements for repairs involving welding,
burning, and power-actuated tools and appliances. We are revising
paragraph (b)(1) to correct the reference to 33 CFR 126.15(c) to read
33 CFR 126.30.
Part 177
Section 177.843
This section prescribes requirements for surveying for
contamination on motor vehicles used to transport Class 7 radioactive
materials under exclusive use conditions. We are revising paragraph (a)
to correct the reference to ``Sec. 173.427(b)(3) or (c) or Sec.
173.443(c)'' to read ``Sec. 173.427(b)(4) or (c) or Sec. 173.443(c)''
to correct a typographical error.
Part 179
Appendix B
49 CFR part 179, appendix B prescribes procedure for the
``Simulated Pool and Torch Fire Test.'' PHMSA is correcting an error in
the pool and torch fire test requirements. The conversion that was used
to establish the tolerances for the flame temperatures was incorrect. A
temperature conversion was made. However, a factor of 1.8 should have
been used to convert between degrees Fahrenheit and degrees Celsius.
The temperature requirements should read 871 [deg]C (1600 [deg]F) +/-
55.6 [deg]C (132.08 [deg]F).
Part 180
Section 180.213
This section prescribes requirements for requalification markings
for cylinders.
We are revising paragraph (d)(2) to correct the reference to Sec.
173.301(l) to read Sec. 171.23(a)(4).
III. Regulatory Analyses and Notices
A. Statutory Authority
This final rule is published under authority of 49 U.S.C. 5103(b),
which authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. The
purpose of this final rule is to remove unnecessary cross references to
the hazardous materials table, correct mailing addresses, grammatical
and typographical errors, and, in response to requests for
clarification, improve the clarity of certain provisions in the
Hazardous Materials Regulations.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This final rule does not
impose new or revised requirements for hazardous materials shippers or
carriers; therefore, it is not necessary to prepare a regulatory impact
analysis.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
on the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government; or (2) imposes substantial direct
compliance costs on State and local governments. PHMSA is not aware of
any State, local, or Indian Tribe requirements that would be preempted
by correcting editorial errors and making minor regulatory changes.
This final rule does not have sufficient federalism impacts to warrant
the preparation of a federalism assessment.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have Tribal implications, does not impose substantial direct
compliance costs on Indian Tribal governments, and does not preempt
Tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a Tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses, or other
organizations.
F. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $141.3
million or more to either State, local, or Tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.
G. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
I. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
[[Page 53596]]
49 CFR Part 176
Hazardous materials transportation, Segregation, Handling and
stowage, Maritime carriers.
49 CFR Part 177
Hazardous materials transportation, Loading and unloading,
Segregation and separation.
49 CFR Part 179
Hazardous materials transportation, Rail car specifications.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
PART 107-HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5129, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note), Pub. L. 104-134
section 31001.
Sec. 107.117 [Amended]
0
2. In Sec. 107.117, in paragraph (d)(3), the phone number ``202-366-
6121'' is removed and the phone number ``202-385-2400'' is added in its
place.
Sec. 107.329 [Amended]
0
3. In Sec. 107.329, in paragraphs (a) and (b), the figure ``$275'' is
removed and the figure ``$250'' is added in its place.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
4. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
Sec. 171.1 [Amended]
0
5. In Sec. 171.1, in paragraph (g), the wording ``$275'' is removed
and the wording ``$250'' is added.
0
6. In Sec. 171.6, the table in paragraph (b)(2) is amended by revising
the entries for ``2137-0022'' and ``2137-0572'' to read as follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table.
------------------------------------------------------------------------
Title 49 CFR part or
section where
Current OMB control No. Title identified and
described
------------------------------------------------------------------------
* * * * * * *
2137-0022..................... Testing, Sec. Sec. 173.5b,
Inspection, and 173.302a, 173.303,
Marking 173.304, 173.309,
Requirements for 178.2, 178.3,
Cylinders. 178.35, 178.44,
178.45, 178.46,
178.57, 178.59,
178.60, 178.61,
178.68, 180.205,
180.207, 180.209,
180.211, 180.213,
180.215, 180.217,
Appendix C to Part
180.
* * * * * * *
2137-0572..................... Testing Sec. Sec. 173.168,
requirements for 178.2, 178.601,
non-bulk Appendix C to Part
packages. 178, Appendix D to
Part 178.
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Sec. 171.7 [Amended]
0
7. In the table in paragraph (b) of Sec. 171.7, the entry ``Compressed
Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia
20151, CGA C-1.1, Personnel Training and Certification Guidelines for
Cylinder Requalification By the Volumetric Expansion Method, 2004,
First Edition'' is removed.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
8. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.
0
9. In Sec. 172.101, in the Hazardous Materials Table, the entry for
``Helium, compressed'' is revised to read as follows.
* * * * *
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(8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
Hazardous materials Hazard Special -------------------------------- Sec. Sec. 173.27 and ----------------------
Symbols descriptions and proper class or Identification PG Label codes provisions -------------175.75)------------
shipping names division Nos. (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
172.102) aircraft/rail only
(1) (2)..................... (3) (4).............. (5) (6)........... (7) (8A) (8B) (8C) (9A).......... (9B).......... (10A)......... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Helium, compressed...... 2.2 UN1046........... ...... 2.2........... .......... 306 302 302, 314 75 kg......... 150 kg........ A............. 85
* * * * * * *
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* * * * *
0
10. In Sec. 172.604, as amended October 19, 2009, at 74 FR 53422,
effective November 18, 2009, and delayed until October 1, 2010, at 74
FR 54489, October 22, 2009, paragraphs (b)(1) and (b)(2) are revised to
read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(b) * * *
(1) The number of the person offering the hazardous material for
transportation when that person is also the emergency response
information provider (ERI provider). The name of
[[Page 53597]]
the person, or contract number or other unique identifier assigned by
an ERI provider, identified with the emergency response telephone
number must be entered on the shipping paper immediately before, after,
above, or below the emergency response telephone number unless the name
is entered elsewhere on the shipping paper in a prominent, readily
identifiable, and clearly visible manner that allows the information to
be easily and quickly found; or
(2) The number of an agency or organization capable of, and
accepting responsibility for, providing the detailed information
required by paragraph (a)(2) of this section. The person who is
registered with the ERI provider must ensure that the agency or
organization has received current information on the material before it
is offered for transportation. The person who is registered with the
ERI provider must be identified by name, or contract number or other
unique identifier assigned by the ERI provider, on the shipping paper
immediately before, after, above, or below the emergency response
telephone number in a prominent, readily identifiable, and clearly
visible manner that allows the information to be easily and quickly
found, unless the name or identifier is entered elsewhere in a
prominent manner as provided in paragraph (b)(1) of this section.
* * * * *
0
11. In Sec. 172.800, paragraphs (b)(2), (7), and (9), as amended March
9, 2010, at 75 FR 10988, effective October 1, 2010, are revised to read
as follows:
Sec. 172.800 Purpose and applicability.
* * * * *
(b) * * *
(2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring
placarding in accordance with subpart F of this part;
* * * * *
(7) A quantity of desensitized explosives meeting the definition of
Division 4.1 or Class 3 material requiring placarding in accordance
with subpart F of this part;
* * * * *
(9) A quantity of a Division 4.3 material requiring placarding in
accordance with subpart F of this part;
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
12. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
0
13. In Sec. 173.27, paragraph (f) introductory text is revised to read
as follows:
Sec. 173.27 General requirements for transportation by aircraft.
* * * * *
(f) Combination packaging. Unless otherwise specified in this part,
or in Sec. 171.22 of this subchapter, when combination packaging are
offered for transportation aboard aircraft, inner packaging must
conform to the quantity limitations set forth in table 1 of this
paragraph for transport aboard passenger-carrying aircraft and table 2
of this paragraph for transport aboard cargo aircraft only, as follows:
* * * * *
0
14. In Sec. 173.171, the introductory text is revised to read as
follows:
Sec. 173.171 Smokeless powder for small arms.
Smokeless powder for small arms which has been classed in Division
1.3 may be reclassed in Division 4.1, for domestic transportation by
motor vehicle, rail car, vessel, or cargo-only aircraft, subject to the
following conditions:
* * * * *
Sec. 173.314 [Amended]
0
15. In Sec. 173.314, in the table in paragraph (c), in column 1, the
entries for ``Hydrogen Sulphide'' and ``Hydrogen sulphide, liquefied''
are removed and ``Hydrogen sulfide'' and ``Hydrogen sulfide,
liquefied'' are added in their place; and in column 2 of the table, for
the entry ``Chlorine'', the reference to ``Notes 6, 13'' is removed and
the reference ``Note 6'' is added in its place.
PART 176--CARRIAGE BY VESSEL
0
16. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR part 1.53.
Sec. 176.54 [Amended]
0
17. In Sec. 176.54, in paragraph (b)(1), the reference ``33 CFR
126.15(c)'' is removed and the reference ``33 CFR 126.30'' is added.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
18. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
0
19. In Sec. 177.843, paragraph (a) is revised to read as follows:
Sec. 177.843 Contamination of vehicles.
(a) Each motor vehicle used for transporting Class 7 (radioactive)
materials under exclusive use conditions in accordance with Sec.
173.427(b)(4) or (c) or Sec. 173.443(c) of this subchapter must be
surveyed with radiation detection instruments after each use. A vehicle
may not be returned to service until the radiation dose rate at every
accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less
and the removable (non-fixed) radioactive surface contamination is not
greater than the level prescribed in Sec. 173.443(a) of this
subchapter.
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
20. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
0
21. In Appendix B to Part 179, paragraph 2. a. (1) is revised to read
as follows:
Appendix B to Part 179, Procedures for Simulated Pool and Torch Fire
Testing
* * * * *
2. Simulated pool fire test.
a. * * *
(1) The source of the simulated pool fire must be hydrocarbon
fuel with a flame temperature of 871 [deg]C (1600 [deg]F) plus-or-
minus 55.6 [deg]C (132.08 [deg]F), throughout the duration of the
test.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
22. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
23. In Sec. 180.205, paragraph (g)(6) is revised to read as follows:
Sec. 180.205 General requirements for requalification of
specification cylinders.
* * * * *
(g) * * *
(6) Training materials may be used for training persons who
requalify cylinders using the volumetric expansion test method.
* * * * *
0
24. In Sec. 180.213, paragraph (d)(2) is revised to read as follows:
Sec. 180.213 Requalification markings.
* * * * *
(d) * * *
(2) Exception. A cylinder subject to the requirements of Sec.
171.23(a)(4) of this
[[Page 53598]]
subchapter may not be marked with a RIN.
* * * * *
Issued in Washington, DC, on August 26, 2010 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2010-21759 Filed 8-31-10; 8:45 am]
BILLING CODE 4910-60-P