
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 63-74]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30556]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, and 178

[Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)]
RIN 2137-AE54


Hazardous Materials: Revision to Requirements for the 
Transportation of Batteries and Battery-Powered Devices; and 
Harmonization With the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions; Correction

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule; corrections.

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SUMMARY: On January 14, 2009, the Pipeline and Hazardous Materials 
Safety Administration (PHMSA) published a final rule amending the 
Hazardous Materials Regulations (HMR) to maintain alignment with 
international standards by incorporating various amendments, including 
changes to proper shipping names, hazard classes, packing groups, 
special provisions, packaging authorizations, air transport quantity 
limitations, and vessel stowage requirements. The revisions were 
necessary to harmonize the HMR with recent changes to the International 
Civil Aviation Organization's Technical Instructions for the Safe 
Transport of Dangerous Goods by Air, the International Maritime 
Dangerous Goods Code, Transport Canada's Transportation of Dangerous 
Goods Regulations, and the United Nations Recommendations on the 
Transport of Dangerous Goods. These revisions also included amendments 
and clarifications addressing the safe transportation of batteries and 
battery-powered devices. This final rule corrects several errors in the 
January 14, 2009 final rule.

DATES: Effective date: The effective date of these amendments is 
January 4, 2010. Applicability date: These amendments are applicable 
beginning January 1, 2010.

FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous 
Materials Standards, telephone (202) 366-8553, or Shane Kelley, 
International Standards, telephone (202) 366-0656, Pipeline and 
Hazardous Materials Safety Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 14, 2009, PHMSA published a final rule under Docket 
Numbers PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J) [74 FR 
2200] revising the Hazardous Materials Regulations (HMR) to maintain 
alignment with international standards by incorporating various 
amendments, including changes to proper shipping names, hazard classes, 
packing groups, special provisions, packaging authorizations, air 
transport quantity limitations, and vessel stowage requirements. The 
revisions were necessary to harmonize the HMR with recent changes to 
the International Civil Aviation Organization's Technical Instructions 
for the Safe Transport of Dangerous Goods by Air (ICAO TI), the 
International Maritime Dangerous Goods Code (IMDG Code), Transport 
Canada's Transportation of Dangerous Goods Regulations (TDG 
Regulations), and the United Nations Recommendations on the Transport 
of Dangerous Goods (UN Recommendations). These revisions also included 
amendments and clarifications addressing the safe transportation of 
batteries and battery-powered devices. This final rule corrects several 
errors in the final rule. Because these amendments do not impose new 
requirements notice and public comment procedures are unnecessary.

II. Appeals to the Final Rule

    We received two appeals to the January 14, 2009 final rule from the 
Dangerous Goods Transport Consulting, Inc. (DGTC) and HMT Associates, 
LLC. Both DGTC and HMT Associates express concerns about the provisions 
of the final rule applicable to the transportation of fuel cell 
cartridges. These appeals are discussed in detail below.

A. Dangerous Goods Transport Consulting, Inc.

    The January 14, 2009 final rule revised the requirements for the 
transportation of fuel cell cartridges under Sec.  173.230 of the HMR 
(49 CFR Parts 171-180). In addition to the proper shipping name for 
flammable liquid fuel cell cartridges (UN3473) already included in the 
Sec.  172.101 Hazardous Materials Table (HMT), the final rule added 
four new proper shipping names to the HMT to describe the range of 
fuels used in fuel cell cartridges: ``Water-reactive substances,'' 
UN3476; ``Corrosive substances,'' UN3477; ``Liquefied flammable gas,'' 
UN3478; and ``Hydrogen in metal hydride,'' UN3479.
    As indicated by the expanded list of proper shipping names, fuel 
cell cartridges contain a number of different types of fuels with 
distinct hazards. Because of this variety of fuel types, we also 
amended Sec.  173.230 to provide comprehensive requirements including 
packaging to address the hazards for all fuel cell cartridge types. In 
its appeal, DGTC expressed concern that the provision in Sec.  
173.230(g) prohibiting the air transport of fuel cell cartridges as 
limited quantities is not practical, reasonable or in the public 
interest. Specifically, DGTC asserts its understanding that prohibiting 
the air transport of fuel cell cartridges as limited quantities is not 
consistent with provisions in Sec.  173.230(h) that allow fuel cell 
cartridges conforming to Sec.  173.230(g) and defined as consumer 
commodities to be renamed ``Consumer commodity'' and reclassed as ORM-D 
since consumer commodities are authorized for transport by air in 
Column (9) of the HMT for the entry ``Consumer commodity.'' DGTC also 
asserts inconsistency with HMR provisions that allow for air transport 
of limited quantities of the fuel types typically found in the fuel 
cell cartridges in inner packagings subject to less stringent 
requirements than those for the fuel cell cartridges themselves. DGTC 
further contends that the prohibition imposes unwarranted additional 
transportation costs and places emerging fuel cell technologies at a 
competitive disadvantage with other portable sources of electric power 
such as batteries and could be detrimental to their development as an 
alternative energy source.
    The requirements applicable to the transportation of fuel cells 
adopted in the January 14, 2009 final rule were initially proposed in a 
notice of proposed rulemaking (NPRM) published July 31, 2008 (73 FR 
44820) and are consistent with standards adopted internationally in the 
revised editions of the ICAO TI, the IMDG Code, and the UN 
Recommendations. Commenters to the NPRM supported the fuel cell 
proposals; no commenter addressed the potential economic impact of the 
proposals. We note, with regard to DGTC's concern about the economic 
impact of the limited quantity prohibition, that harmonization

[[Page 64]]

promotes safety and facilitates international trade by minimizing the 
costs and other burdens of complying with multiple or inconsistent 
safety requirements. Thus, the benefits of a harmonized domestic and 
international transportation regime outweigh the costs that may be 
incurred. As DGTC acknowledged in its appeal, the 2009-2010 ICAO TI 
also prohibit the transportation of fuel cell cartridges as limited 
quantities on aircraft. Authorizing limited quantity exceptions for 
fuel cell cartridges in the HMR would be inconsistent with the ICAO TI; 
such differing domestic and international requirements could cause 
confusion for both shippers and carriers, thereby adversely affecting 
safety.
    We agree that the prohibition of air transport of limited 
quantities of fuels when contained in fuel cell cartridges is 
inconsistent with the current authorization that allows for air 
transport of limited quantities of the same fuels found in fuel cell 
cartridges when shipped under the proper shipping name appropriate to 
the fuel (e.g., ``Methanol, UN1230''). The ICAO Dangerous Goods Panel 
is currently considering adoption of limited quantity exceptions, based 
in part on a proposal from the U.S. Fuel Cell Council (FCC). Based on 
the decision of the ICAO Dangerous Goods Panel, we will consider 
adopting limited quantity exceptions for air transport of fuel cell 
cartridges in a future rulemaking. Therefore, in this final rule, we 
are not revising the current prohibition of air transport of fuel cell 
cartridges as limited quantities.

B. HMT Associates, LLC

    The January 14, 2009 final rule also revised the packaging 
requirements for the transportation of fuel cell cartridges under Sec.  
173.230 of the HMR. Specifically, paragraph (e) of this section 
provides for authorized packagings; paragraph (f) sets forth additional 
requirements for transportation by aircraft. HMT Associates expressed 
concern that the provision in Sec.  173.230(e) to require intermediate 
packaging for fuel cell cartridges packed with equipment for all modes 
of transportation, not just air transport, differs from the packaging 
requirements for fuel cell cartridges packed with equipment under 
international standards for highway, rail, and vessel transport. 
Specifically, HMT Associates states:

    As it relates to fuel cell cartridges packed with equipment, the 
[UN Recommendations, as well as the IMDG Code] Packing Instruction 
P004 requires: [f]or fuel cell cartridges * * * packed with 
equipment, strong outer packagings. When fuel cell cartridges are 
packed with equipment, they shall be packed in inner packagings or 
placed in the outer packaging with cushioning material or divider(s) 
so that the fuel cell cartridges are protected against damage that 
may be caused by the movement or placement of the contents within 
the outer packaging.

    With regard to the packaging requirements for fuel cell cartridges 
packed with equipment in the January 14, 2009 final rule, Sec.  
173.230(e)(2)(i) requires fuel cell:

    Cartridges packed with equipment to be packed in intermediate 
packagings together with the equipment they are capable of powering. 
The fuel cell cartridges and the equipment must be packaged with 
cushioning material or dividers or inner packaging so that the fuel 
cell cartridges are protected against damage that may be caused by 
the shifting or placement of the equipment and the cartridges within 
the outer packaging.

    HMT Associates noted that the use of an intermediate packaging is 
required under the ICAO TI only when fuel cell cartridges packed with 
equipment are transported by aircraft (re: Packing Instruction 217).
    Additionally, HMT Associates indicated that the wording of Sec.  
173.230(e)(2)(i) as adopted in the final rule is not as it was proposed 
in our NPRM. The wording was revised based on a comment submitted to 
the docket by FCC. The NPRM did not propose use of an intermediate 
packaging. In the preamble of the final rule [74 FR 2223], we agreed 
with FCC that the packaging requirements should be consistent with the 
UN Recommendations and the ICAO TI and indicated that revisions made to 
the regulatory text of the NPRM were intended to achieve consistency.
    Finally, HMT Associates indicated that under the additional 
provisions for transportation by aircraft in Sec.  173.230(f), the 
language specific to packaging requirements for fuel cell cartridges 
packed with equipment in the final rule differs from the proposed 
language in the NPRM. They noted that the proposed language is 
consistent with international standards by limiting the intermediate 
packaging requirement to the additional requirements for air transport 
rather than the language in the final rule that has additional 
requirements supplementing the general requirements for transport of 
fuel cell cartridges packed with equipment and transported by all 
modes.
    HMT Associates is correct that the final rule language highlighted 
in its appeal was adopted in error. We intended that the requirement 
for intermediate packaging of fuel cell cartridges packed with 
equipment should be limited to packaging prepared for air transport 
consistent with the ICAO TI. This is also consistent with the suggested 
revisions to Sec.  173.230(e) and (f) in comments we received from FCC 
in response to the July 31, 2008 NPRM. FCC suggested that we revise the 
language in paragraph (f) to include a requirement that:

    For transportation by aircraft * * * when fuel cell cartridges 
are packed with equipment, they must be packed in intermediate 
packagings together with the equipment they are capable of powering 
* * *.

    Therefore, HMT Associates' appeal is granted. In this final rule, 
we are correcting paragraphs (e)(2)(i) and (f)(4) in Sec.  173.230 to 
fully align the fuel cell cartridges packaging requirements with the 
multimodal packing requirements as prescribed in ICAO TI Packing 
Instruction 217 and UN Recommendations Packing Instruction P004. We are 
also making clarifying corrections to paragraphs (e) and (f) for 
consistency with changes made based on the appeal and for consistent 
use of terms in the section. For example, in paragraph (f)(2) we are 
correcting ``fuel cells'' to read ``fuel cell cartridges'' to clarify 
the applicability to fuel cell cartridges.

III. Corrections and Amendments

    In this final rule, we are making editorial corrections and 
clarifying amendments to sections that were amended by the January 14, 
2009 final rule for purposes of consistency with grammatical 
conventions and for consistency with similar provisions within the HMR. 
We are also making conforming amendments to sections in the HMR 
affected by the January 14, 2009 final rule. None of the clarifying or 
conforming amendments are new requirements but provide for a better 
understanding of the requirements adopted in the January 14, 2009 final 
rule. The corrections and amendments are as follows:

Part 171

Section 171.7
    This section lists material incorporated by reference into the HMR. 
In the January 14, 2009 final rule, we updated the address for ICAO 
reference materials; however, we did not include the most current 
address. In this final rule, we are correcting the entry to reflect the 
current address.

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Part 172

Section 172.101
    This section outlines the purpose and instructions for use of the 
Hazardous Materials Table (HMT). We are removing an obsolete 
transitional period in paragraph (l)(3) and replacing it with a 
transition period specific to marking of cylinders containing 
``Chlorine, UN1017.'' Under HM-215J, we revised the proper shipping 
name entry for ``Chlorine'' to include Division 5.1 (oxidizer) as an 
additional subsidiary hazard. Based on this revision, chlorine 
cylinders marked in accordance with CGA C-7, Appendix A (see Sec.  
172.400a) must now include the Division 5.1 subsidiary hazard number as 
part of the marking. To allow for additional time to incorporate this 
subsidiary hazard number as part of the marking, we are authorizing the 
use of preprinted cylinder markings without the Division 5.1 subsidiary 
hazard number until January 1, 2011.
    We are also making a number of editorial corrections to entries in 
the Sec.  172.101 Hazardous Materials Table (HMT). The editorial 
corrections are as follows:
     For the entry ``Gasoline includes gasoline mixed with 
ethyl alcohol, with not more than 10% alcohol, UN1203,'' the Special 
provisions in Column (7) are corrected to read ``144, 177, B1, B33, 
IB2, T4, TP1.''
     The proper shipping name for the entry ``Regulated medical 
waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO)Medical 
waste, n.o.s., or Biomedical waste, n.o.s. or Medical waste, n.o.s., 
UN3291'' is corrected to read ``Regulated medical waste, n.o.s. or 
Clinical waste, unspecified, n.o.s. or (BIO)Medical waste, n.o.s., or 
Biomedical waste, n.o.s. or Medical waste, n.o.s., UN3291.'' This 
correction is a ``remove/add.''
     The proper shipping name for the entry 
``Trimethyltrichlorosilane, UN1298'' is corrected to read 
``Trimethylchlorosilane.'' This correction is a ``remove/add.''
     The information contained in the HMT for the following 
entries is being corrected by placing the information in the 
appropriate Columns of the:
    [cir] ``Receptacles, small, containing gas or gas cartridges (non-
flammable) without release device, not refillable and not exceeding 1 L 
capacity, UN2037.''
    [cir] ``Receptacles, small, containing gas or gas cartridges 
(oxidizing) without release device, not refillable and not exceeding 1 
L capacity, UN2037.''
Section 172.202
    This section sets forth requirements for the description of 
hazardous materials on shipping papers. In paragraph (a)(4) of this 
section, we are correcting the last sentence to enclose the phrase 
``for example, ``PG II'' '' in parentheses. The parentheses were 
inadvertently omitted in the January 14, 2009 final rule.
Section 172.322
    This section specifies marking requirements for packaging used to 
transport marine pollutants. In paragraph (e)(2)(i), the number ``4'' 
is corrected to read ``3.9'' and in paragraph (e)(2)(ii), the number 
``10'' is corrected to read ``9.8'' for consistency with similar 
marking and labeling size specification requirements in the HMR.
Section 172.407
    This section establishes specifications for labels printed on or 
affixed to packaging. In the January 14, 2009 final rule, we adopted a 
new CARGO AIRCRAFT ONLY label in Sec.  172.448 of the HMR. The new 
label contains text that differs from the previous label--specifically, 
the phrase ``CARGO AIRCRAFT ONLY'' replaces the word ``DANGER.'' When 
we adopted the new label, we failed to make conforming amendments to 
the label specifications in Sec.  172.407 that reference text from the 
old label. In this final rule, we are amending paragraph (c)(2) of 
Sec.  172.407 to correctly reference the phrase ``CARGO AIRCRAFT ONLY'' 
and amending the text size specifications to require the letters to 
measure at least 6.3 mm (0.25 inches) in height. The size requirement 
for the letters has been reduced to accommodate the greater amount of 
text that must be displayed on the label as shown in Sec.  172.448.
Section 172.448
    This section specifies the design of the ``CARGO AIRCRAFT ONLY'' 
label. For consistency with the revisions discussed above in Sec.  
172.407, we are amending paragraph (c) of this section to emphasize 
conformance with the label specifications for a ``CARGO AIRCRAFT ONLY'' 
label in Sec.  172.407 in addition to the specifications outlined in 
paragraph (c) of this section.

Part 173

Section 173.4a
    This section specifies conditions for exception from the HMR 
requirements for the transport of excepted quantities of hazardous 
materials. In this final rule, we are amending the language for inner 
packaging limits in paragraph (c)(1) to clarify the intent in the 
January 14, 2009 final rule that the provision applies to both primary 
and subsidiary hazards for Division 6.1 Packing Group I and II, solids 
and liquids. We are also correcting paragraphs (e)(3)(i) and (g)(2). In 
paragraph (e)(3)(i), we are removing the phrase ``[i]n such cases, 
and'' which is extraneous language that was inadvertently included with 
the paragraph and in paragraph (g)(2), we are correcting the word 
``symbol'' to read ``marking'' to clarify that the size requirements 
are intended to apply to the size of the marking and not the size of 
the symbol within the marking.
Section 173.29
    This section specifies requirements for the transport of empty 
packagings containing only the residue of a hazardous material. In the 
January 14, 2009 final rule, we revised Sec.  173.115 with respect to 
classification of Division 2.2 material by adopting the gauge pressure 
criteria of 200 kPa (29.0 psig) but failed to make a conforming 
revision to the Division 2.2 classification criteria in this section. 
In this final rule, we are amending Sec.  173.29(b)(2)(iv)(B) for 
consistency with the new classification criteria for Division 2.2 
material in Sec.  173.115.
Section 173.62
    This section specifies authorized packaging for explosive 
materials. In this final rule, in paragraph (c)(5), we are amending 
Packing Instruction 114(b)(2) by correcting the words ``pack-agings'' 
and ``pre-vented'' to read ``packagings'' and ``prevented,'' 
respectively.
Section 173.115
    This section establishes the classification criteria for Class 2, 
Division 2.1, 2.2, and 2.3 gases. In this final rule, for the Division 
2.2 non-flammable, nonpoisonous gas criteria in paragraph (b)(1), we 
are correcting the gauge pressure number ``25.9'' to read ``29.0''. 
This correction reflects an error in conversion of the unit of measure 
and is not a revision to the classification criteria.
Section 173.159a
    The section specifies the conditions for exception from the HMR 
requirements for the transport of non-spillable batteries. In this 
final rule, we are correcting the section heading ``Exceptions for Non-
spillable batteries'' to read ``Exceptions for non-spillable 
batteries.'' In addition, in paragraph (b), we are correcting the word 
``nonspillable'' in each place it appears to read ``non-spillable.''

[[Page 66]]

Section 173.206
    This section specifies the packaging requirements for 
chlorosilanes. In the January 14, 2009 final rule, we added this new 
packaging section to the HMR to harmonize with new packaging 
requirements for water-reactive chlorosilanes adopted in the Fifteenth 
revised edition of the UN Recommendations. In our effort to harmonize 
with the international standards, we inadvertently omitted the 
authorization to use cylinders for these materials. Cylinders were 
previously authorized for use in transport of these materials under 
Sec. Sec.  173.201 and 173.202. In this final rule, we are correcting 
paragraph (c) by reinstating the authorization to use certain cylinders 
for transport of these materials. We note that aluminum cylinders 
should not be used for the transport of these materials due to safety 
concerns of incompatibility of aluminum and water-reactive 
chlorosilanes. We may adopt revisions to the packaging provisions 
prohibiting the use of aluminum cylinders for these materials in a 
future rulemaking.
Section 173.220
    This section specifies the conditions for transportation of 
internal combustion engines, vehicles, and mechanical equipment and 
battery-powered vehicles and equipment. In the January 14, 2009 final 
rule, we clarified the provisions for the transport of batteries and 
battery-powered devices including the transport of vehicles and 
equipment powered by batteries. In paragraph (d), we included an 
incorrect reference to Sec.  173.185 regarding an exception to the 
prohibition of lithium metal batteries aboard passenger-carrying 
aircraft. In this final rule, we are correcting paragraph (d) to 
reference the correct provision, specifically, Sec.  172.102, Special 
Provision A101.
Section 173.230
    This section specifies packaging requirements for fuel cell 
cartridges. Per the section II discussion of HMT Associates' appeal, in 
this final rule, we are correcting paragraphs (e)(2) and (f) in Sec.  
173.230 to clarify and align fully the fuel cell cartridge packaging 
requirements with the multimodal packing requirements as prescribed in 
the ICAO TI Packing Instruction 217 and UN Recommendations Packing 
Instruction P004.
Sections 173.306
    This section specifies conditions for exception from the HMR 
requirements for transportation of limited quantities of compressed 
gases. In the January 14, 2009 final rule, we adopted provisions for 
the transportation of limited quantities of Division 2.2 (non-
flammable) compressed gases in nonrefillable plastic receptacles 
packaged in a strong outside packaging. These provisions are set forth 
in conditions for shipment of these gases in specification 2S and non-
DOT specification plastic containers (Sec.  173.306(a)(5)) and in a new 
specification 2S for the construction of these plastic containers 
(Sec.  178.33b). See 74 FR at 2265, 2268-69. These requirements are 
consistent with revisions adopted in the Fifteenth revised edition of 
the UN Recommendations (6.2.4.2.2) and the 2009-2010 edition of the 
ICAO TI (6;5.4.2.3). We concluded that these inner plastic containers 
provide a level of safety equivalent to other authorized packaging, and 
we could eliminate the need for issuance of a special permit to allow 
the use of plastic containers for transport of limited quantities of 
Division 2.2 gases with no subsidiary risk.
    Inner metal containers authorized for transport of limited 
quantities of compressed gas have historically been subjected to a hot 
water bath after filling to ensure the containers are free of leaks 
prior to being offered for transportation. See Sec.  173.306(a)(3)(v). 
Consistent with UN Recommendations and the ICAO TI, in the January 14, 
2009 final rule, we adopted in Sec.  173.306(a)(5)(v) a similar hot 
water bath test requirement for the specification 2S and non-DOT 
specification plastic containers. The hot water bath for plastic 
containers must be performed at temperatures and for a duration 
sufficient to achieve internal pressure requirements. These elevated 
temperatures may be destructive to the contents of containers or to the 
material of construction of plastic containers. Thus, the hot water 
bath test includes instruction for containers with contents sensitive 
to heat or containers made of plastic materials which soften at higher 
temperatures to be tested at a lower temperature. However, in adopting 
the hot water bath provisions, we inadvertently left out the language 
specific to plastic materials which soften at the test temperature. In 
this final rule, we are correcting paragraph (a)(5)(v) to include 
language that plastic materials which soften at the higher test 
temperature of the hot water bath must be tested at the lower 
temperature range of 20 [deg]C (68 [deg]F) to 30 [deg]C (86 [deg]F).
    Additionally, as part of the conditions for the shipment of limited 
quantities of Division 2.2 (non-flammable) compressed gases in plastic 
containers, we intended to adopt test methods alternative to the hot 
water bath test in Sec.  173.306, specifically, pressure and leakage 
tests subjected to each container prior to filling and a leakage test 
subjected to each container after filling. The provisions for 
alternative pressure and leakage tests to the hot water bath were 
incorrectly placed in Sec.  178.33b-8, rather than in Sec.  173.306 
where they properly belong. In doing so, we inadvertently required 
manufacturers of the specification 2S plastic containers to perform the 
alternative pressure and leakage tests as part of their production run 
and then also required the filler to perform the hot water bath test. 
This misplacement of the pressure and leakage tests would put domestic 
manufacturers or fillers at a disadvantage as they are not afforded the 
opportunity to utilize these tests as an alternative to the hot water 
bath test as they would be if transporting under the ICAO TI or under 
other international regulations that have adopted these provisions 
based on the UN Recommendations. We believe this intent was understood 
by the public and the regulated community. Therefore, to correct this 
error, in this final rule, we are (1) removing the alternative pressure 
and leakage test method provisions currently found in Sec.  178.33b-
8(b); (2) adding these provisions to Sec.  173.306 as a new paragraph 
(a)(5)(vi); and (3) redesignating current paragraph (a)(5)(vi) 
containing the packaging marking requirements as new paragraph 
(a)(5)(vii).

Part 175

Section 175.10
    This section specifies conditions for exception from the HMR 
requirements for the transport of hazardous materials aboard passenger 
aircraft by passengers, crewmembers, and air operators. In the January 
14, 2009 final rule, we revised paragraph (a)(18) to expand the types 
of fuel cell cartridges permitted in carry-on baggage. Fuel cell 
cartridges permitted for transport by passengers and crewmembers must 
continue to conform to the rigorous performance criteria outlined in 
this section. For consistency with the provisions for fuel cell 
cartridges in Sec.  173.230, in this final rule, we are clarifying 
paragraph (a)(18) of this section to indicate that the maximum quantity 
of fuel for hydrogen in a metal hydride fuel cell cartridges is based 
on the water capacity of the fuel cell cartridges rather than the net 
quantity of fuel as is the case of all other types of fuels. Also, in 
this final rule, we are correcting a grammatical error in paragraph 
(a)(15)(iv)(B) by correcting

[[Page 67]]

the ``,'' (comma) at the end of the subparagraph to read ``;'' 
(semicolon).

Part 178

Section 178.33b
    In this final rule, we are correcting the section heading 
``Specification 2S; inner nonrefillable plastic receptacles 
[Reserved]'' to read ``Specification 2S; inner nonrefillable plastic 
receptacles.''
Section 178.33b-7
    This section specifies design qualification testing requirements 
for Specification 2S packaging. In this final rule, we are correcting 
the section heading ``Sec.  178.33b-7 Design Qualification Test'' to 
read ``Sec.  178.33b-7 Design qualification test.'' We are also 
correcting paragraph (a) to specify that the drop test requirements 
apply to each new design rather than each container. The current 
wording ``container type'' used in paragraph (a) comes from the British 
Standard BS 5597:1991 (paragraph 2.11) in which ``type testing'' is 
defined as testing to indicate whether an aerosol dispenser, made to a 
unique specification and design, meets the appropriate requirements of 
the standard. BS 5597:1991 was the basis for several special permits 
issued by PHMSA authorizing the manufacture and use of these containers 
prior to adoption of the provisions into the HMR. Design qualification 
testing, or ``type testing,'' is intended to be performed only on new 
designs and is repeated when the design features change in a meaningful 
way, such as when the container is manufactured with a new mold, or if 
the properties of the plastic material have changed. Therefore, in this 
final rule, we are clarifying paragraph (a) by correcting Sec.  
178.33b-7(a)(1) to require each new design be subjected to the drop 
test requirements. Also, in the January 14, 2009 final rule, in a 
response to comments, we agreed with a commenter that the drop test 
criteria should be amended to specify that a container should not be 
dropped on the valve. However, we inadvertently left this instruction 
out of the final rule. In this final rule, we are correcting Sec.  
178.33b-7(a)(1) by revising the language to specify the orientation of 
the containers during the drop test. Finally, we are adding a new 
paragraph (b) to this section to clarify when design qualification 
testing is required.
Section 178.33b-8
    This section specifies production testing requirements for 
Specification 2S packaging. In this final rule, we are correcting the 
section heading ``Sec.  178.33b-8 Production Tests'' to read ``Sec.  
178.33b-8 Production tests'' and correcting paragraph (b) by removing 
the pressure and leak test requirements as discussed in Sec.  173.306 
above.
Section 178.703
    The section specifies the packaging marking requirements for IBCs. 
In the January 14, 2009 final rule, we included an additional marking 
requirement for IBCs to display a symbol specifying the maximum 
permitted stacking load applicable when an IBC is in use, with a 
transition date until January 1, 2011. In this final rule, we are 
correcting the language adopted in the January 14, 2009 final rule in 
Sec.  178.703 by adding a new paragraph (b)(7) to specify that the 
symbol is in addition to the marking requirements already in place in 
paragraph (a)(1) and not a part of the that marking sequence. 
Additionally, we are clarifying that the marking of the figure ``0'' 
that is required as part of the marking sequence in Sec.  178.703(a)(1) 
is not required in association with the symbol for IBCs not capable of 
being stacked.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory 
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation, including security, 
of hazardous material in intrastate, interstate, and foreign commerce. 
This final rule corrects several errors in the January 14, 2009 final 
rule.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to 
ensure that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
standards adopted by international authorities. This final rule 
corrects errors made during the development of the January 14, 2009 
final rule and printing process and makes amendments to conform to 
amendments made in the January 14, 2009 final rule.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. This final rule is a non-significant 
rule under the Regulatory Policies and Procedures of the Department of 
Transportation [44 FR 11034]. The revisions adopted in this final rule 
do not alter the cost-benefit analysis and conclusions contained in the 
Regulatory Evaluation prepared for the January 14, 2009 final rule. The 
Regulatory Evaluation is available for review in the public docket for 
this rulemaking.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''), and 
the President's memorandum on ``Preemption'' in published in the 
Federal Register on May 22, 2009 (74 FR 24693). This final rule 
preempts State, local and Indian Tribe requirements but does not 
propose any regulation that has substantial direct effects on the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian Tribe requirements for certain 
subjects. The subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject items (1), (2), (3), and 
(5) above and preempts State, local, and Indian Tribe requirements not 
meeting the ``substantively the same'' standard. This final rule is 
necessary to incorporate changes adopted in international standards, 
effective January 1, 2009. If the changes in this final rule are not 
adopted in the HMR, U.S. companies, including numerous small entities 
competing in foreign markets, are at an economic disadvantage. These 
companies are forced to comply with a

[[Page 68]]

dual system of regulations. The changes in this rulemaking are intended 
to avoid this result. Federal hazardous materials transportation law 
provides at section 5125(b)(2) that, if DOT issues a regulation 
concerning any of the covered subjects, DOT must determine and publish 
in the Federal Register the effective date of Federal preemption. The 
effective date may not be earlier than the 90th day following the date 
of issuance of the final rule and not later than two years after the 
date of issuance. The effective date of Federal preemption is April 5, 
2010.

D. Executive Order 13175

    This final rule was 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, and is required by statute, the funding and 
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. The 
corrections and revisions contained in this final rule will have little 
or no effect on the regulated industry. Based on the assessment in the 
regulatory evaluation, to the January 14, 2009 final rule, I hereby 
certify that, while this rule applies to a substantial number of small 
entities, there will not be a significant economic impact on those 
small entities. A detailed Regulatory Flexibility analysis is available 
for review in the docket.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
final rules on small entities are properly considered.

F. Paperwork Reduction Act

    This final rule imposes no new information collection requirements.

G. Regulatory 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 contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 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 objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA) requires 
Federal agencies to consider the consequences of major Federal actions 
and prepare a detailed statement on actions significantly affecting the 
quality of the human environment. In the January 14, 2009 final rule, 
we developed an assessment to determine the effects of these revisions 
on the environment and whether a more comprehensive environmental 
impact statement may be required. Our findings conclude that there are 
no significant environmental impacts associated with this final rule. 
Consistency in the regulations for the transportation of hazardous 
materials aids in shippers' understanding of what is required and 
permits shippers to more easily comply with safety regulations and 
avoid the potential for environmental damage or contamination. For 
interested parties, a detailed environmental assessment is included in 
the January 14, 2009 final rule which is available in the public 
docket.

J. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or you 
may visit http://www.dot.gov/privacy.html.

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. For purposes of these requirements, Federal agencies 
may participate in the establishment of international standards, so 
long as the standards have a legitimate domestic objective, such as 
providing for safety, and do not operate to exclude imports that meet 
this objective. The statute also requires consideration of 
international standards and, where appropriate, that they be the basis 
for U.S. standards. PHMSA participates in the establishment of 
international standards in order to protect the safety of the American 
public, and we have assessed the effects of the final rule to ensure 
that it does not exclude imports that meet this objective. Accordingly, 
this rulemaking is consistent with PHMSA's obligations under the Trade 
Agreement Act, as amended.

List of Subjects

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, 
Incorporation by reference, Labeling, Markings, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping requirements, Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Incorporation by 
reference, 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.

0
In consideration of the foregoing, 49 CFR Chapter I is amended by 
making the following amendments:

[[Page 69]]

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. 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
2. In Sec.  171.7, in the paragraph (a)(3) table, the entry for 
``International Civil Aviation Organization (ICAO)'' is revised to read 
as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
      Source and name of material                49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
International Civil Aviation Organization (``ICAO''), 999 University
 Street, Montr[eacute]al, Quebec H3C 5H7, Canada, 1-514-954-8219, http://www.icao.int:
 
ICAO Technical Instructions available from: INTEREG, International
 Regulations, Publishing and Distribution Organization, P.O. Box 60105,
 Chicago, IL 60660.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS, AND SECURITY PLANS

0
3. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
4. In Sec.  172.101, paragraph (l)(3) is revised and the Hazardous 
Materials Table is amended by removing, adding and revising entries, in 
the appropriate alphabetical sequence, to read as follows:


Sec.  172.101   Purpose and use of the hazardous materials table.

* * * * *
    (l) * * *
    (3) Cylinders used for chlorine (UN1017) with preprinted markings 
conforming to Sec.  172.400a(a)(1)(ii) without the Division 5.1 
subsidiary hazard number may continue to be used until January 1, 2011.

[[Page 70]]



                                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Hazardous mate                                                                                                  (8)  Packaging (Sec.   173.***)             (9)  Quantity limitations         (10)  Vessel stowage
               rials descriptions    Hazard      Identification                                            Special     -----------------------------------------------------------------------------------------------------------------
   Symbols       and proper ship    class or        numbers              PG            Label codes        provisions                                                         Passenger       Cargo air
                   ping names       division                                                                (Sec.          Exceptions        Non-bulk          Bulk        aircraft/rail    craft only       Location          Other
(1)            (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REMOVE]..........  ..........  .................  ...............  ..................  ...............  ...............  ...............  ..............  ..............  ..............  ..............  ..............
 
                                                                                                              * * * * * * *
               Regulated medical          6.2  UN 3291..........  II.............  6.2...............  A13............  134............  197............  197...........  No limit......  No limit......  B.............  40
                waste, n.o.s. or
                Clinical waste,
                unspecified,
                n.o.s. or (BIO)-
                Medical waste,
                n.o.s., or
                Biomedical waste,
                n.o.s. or Medical
                waste, n.o.s..
 
                                                                                                              * * * * * * *
               Trimethyltrichloro           3  UN1298...........  II.............  3, 8..............  A3, A7, B77,     None...........  206............  243...........  1 L...........  5 L...........  E.............  40
                silane.                                                                                 N34, T10, TP2,
                                                                                                        TP7, TP13.
 
                                                                                                              * * * * * * *
               [ADD].............  ..........  .................  ...............  ..................  ...............  ...............  ...............  ..............  ..............  ..............  ..............  ..............
 
                                                                                                              * * * * * * *
               Regulated medical          6.2  UN3291...........  II.............  6.2...............  A13............  134............  197............  197...........  No limit......  No limit......  B.............  40
                waste, n.o.s. or
                Clinical waste,
                unspecified,
                n.o.s. or (BIO)
                Medical waste,
                n.o.s., or
                Biomedical waste,
                n.o.s. or Medical
                waste, n.o.s..
 
                                                                                                              * * * * * * *
               Trimethylchlorosil           3  UN1298...........  II.............  3, 8..............  A3, A7, B77,     None...........  206............  243...........  1 L...........  5 L...........  E.............  40
                ane.                                                                                    N34, T10, TP2,
                                                                                                        TP7, TP13.
 
                                                                                                              * * * * * * *
               [REVISE]..........  ..........  .................  ...............  ..................  ...............  ...............  ...............  ..............  ..............  ..............  ..............  ..............
 
                                                                                                              * * * * * * *
               Gasoline includes            3  UN1203...........  II.............  3.................  144, 177, B1,    150............  202............  242...........  5 L...........  60 L..........  E.............  ..............
                gasoline mixed                                                                          B33, IB2, T4,
                with ethyl                                                                              TP1.
                alcohol, with not
                more than 10%
                alcohol.
 

[[Page 71]]

 
                                                                                                              * * * * * * *
               Receptacles,               2.2  UN2037...........  ...............  2.2...............  ...............  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40
                small, containing
                gas or gas
                cartridges(non-
                flammable)
                without release
                device, not
                refillable and
                not exceeding 1 L
                capacity.
               Receptacles,               2.2  UN2037...........  ...............  2.2, 5.1..........  A14............  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40
                small, containing
                gas or gas
                cartridges
                (oxidizing)
                without release
                device, not
                refillable and
                not exceeding 1 L
                capacity.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 72]]

* * * * *

0
5. In Sec.  172.202, in paragraph (a)(4), the last sentence is revised 
to read as follows:


Sec.  172.202   Description of hazardous material on shipping papers.

    (a) * * *
    (4) * * * The packing group may be preceded by the letters ``PG'' 
(for example, ``PG II''); and
* * * * *


Sec.  172.322  [Amended]

0
6. In Sec.  172.322, in paragraph (e)(2)(i) introductory text, the 
number ``4'' is revised to read ``3.9'' and in paragraph (e)(2)(ii), 
the number ``10'' is revised to read ``9.8''.
0
7. In Sec.  172.407, paragraph (c)(2) is revised to read as follows:


Sec.  172.407  Label specifications.

* * * * *
    (c) * * *
    (2) The CARGO AIRCRAFT ONLY label must be a rectangle measuring at 
least 110 mm (4.3 inches) in height by 120 mm (4.7 inches) in width. 
The words ``CARGO AIRCRAFT ONLY'' must be shown in letters measuring at 
least 6.3 mm (0.25 inches) in height.
* * * * *

0
8. In Sec.  172.448, paragraph (c) is revised to read as follows:


Sec.  172.448  CARGO AIRCRAFT ONLY label.

* * * * *
    (c) A CARGO AIRCRAFT ONLY label conforming to the specifications in 
this section and in Sec.  172.407(c)(2) in effect on October 1, 2008, 
may be used until January 1, 2013.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
9. 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
10. In Sec.  173.4a, paragraphs (c)(1), (e)(3)(i), and (g)(2) are 
revised to read as follows:


Sec.  173.4a  Excepted quantities.

* * * * *
    (c) * * *
    (1) For toxic material with a Division 6.1 primary or subsidiary 
hazard, PG I or II--
    (i) 1 g (0.04 ounce) for solids; or
    (ii) 1 mL (0.03 ounce) for liquids;
* * * * *
    (e) * * *
    (3) * * *
    (i) Will absorb the entire contents of the inner packaging.
* * * * *
    (g) * * *
    (2) The marking must not be less than 100 mm (3.9 inches) by 100 mm 
(3.9 inches), and must be durable and clearly visible.
* * * * *
0
11. In Sec.  173.29, paragraph (b)(2)(iv)(B) is revised to read as 
follows:


Sec.  173.29  Empty packagings.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (B) A Division 2.2 non-flammable gas, other than ammonia, 
anhydrous, and with no subsidiary hazard, at a gauge pressure less than 
200 kPa (29.0 psig); at 20 [deg]C (68 [deg]F); and
* * * * *

0
12. In Sec.  173.62, in the paragraph (c)(5) Table of Packing Methods, 
packing instruction entry 114(b) is revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *
    (5) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                    Intermediate
        Packing instruction              Inner packagings            packagings            Outer packagings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
114(b) This packing instruction      Bags                      Not necessary........  Boxes.
 applies to dry solids               paper, kraft              .....................  natural wood, ordinary
PARTICULAR PACKING REQUIREMENTS OR   plastics                  .....................   (4C1).
 EXCEPTIONS:.                        textile, sift-proof       .....................  natural wood, sift-proof
1. For UN 0077, 0132, 0234, 0235     woven plastics, sift-     .....................   walls (4C2).
 and 0236, packagings must be lead    proof.                   .....................  plywood (4D).
 free.                               ........................  .....................  reconstituted wood (4F).
2. For UN 0160 and UN 0161, when     Receptacles               .....................  fiberboard (4G).
 metal drums (1A2 or 1B2) are used    ...................                             ..........................
 as the outer packaging, metal       fiberboard                                       Drums.
 packagings must be so constructed   metal                                            steel, removable head
 that the risk of explosion, by      paper                                             (1A2).
 reason of increased internal        plastics                                         aluminum, removable head
 pressure from internal or external  woven plastics, sift-                             (1B2).
 causes, is prevented.                proof.                                          plywood (1D).
3. For UN 0160, UN 0161, and UN                                                       fiber (1G).
 0508, inner packagings are not                                                       plastics, removable head
 necessary if drums are used as the                                                    (1H2).
 outer packaging.
4. For UN 0508 and UN 0509, metal
 packagings must not be used.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  173.115  [Amended]

0
13. In Sec.  173.115, in paragraph (b)(1), the number ``25.9'' is 
revised to read ``29.0''.

0
14. In Sec.  173.159a, the section heading is revised to read as set 
for below and in paragraph (b), the word ``nonspillable'' is revised to 
read ``non-spillable'' in each place it appears.


Sec.  173.159a  Exceptions for non-spillable batteries.

* * * * *

0
15. In Sec.  173.206, paragraph (c) is revised to read as follows:


Sec.  173.206  Packaging requirements for chlorosilanes.

* * * * *
    (c) Except for transportation by passenger aircraft, the following 
single packagings are authorized:
Steel drum: 1A1
Steel jerrican: 3A1

[[Page 73]]

    Plastic receptacle in steel drum: 6HA1
Cylinders (for liquids in PG I), specification or UN standard, as 
prescribed for any compressed gas, except Specification 3HT and those 
prescribed for acetylene
    Cylinders (for liquids in PG II), specification, as prescribed for 
any compressed gas, except Specification 8 and 3HT cylinders.

0
16. In Sec.  173.220, in paragraph (d), the first sentence is revised 
to read as follows:


Sec.  173.220  Internal combustion engines, self-propelled vehicles, 
mechanical equipment containing internal combustion engines, and 
battery powered vehicles or equipment.

* * * * *
    (d) Lithium batteries. Except as provided in Sec.  172.102, Special 
Provision A101 of this subchapter, vehicles, engines and machinery 
powered by lithium metal batteries that are transported with these 
batteries installed are forbidden aboard passenger-carrying aircraft. * 
* *
* * * * *

0
17. In Sec.  173.230, paragraphs (e)(2)(i) and (ii) and (f)(2) through 
(4) are revised to read as follows:


Sec.  173.230  Fuel cell cartridges containing hazardous material.

* * * * *
    (e) * * *
    (2) * * *
    (i) Fuel cell cartridges packed with equipment must be packed with 
cushioning material or divider(s) or inner packagings so that the fuel 
cell cartridges are protected against damage that may be caused by the 
shifting or placement of the equipment and cartridges within the 
packaging.
    (ii) Fuel cell cartridges contained in equipment must be protected 
against short circuits and the entire fuel cell system must be 
protected from unintentional activation. The equipment must be securely 
cushioned in the outer packaging.
    (f) * * *
    (2) For fuel cell cartridges contained in equipment, fuel cell 
systems must not charge batteries during transport;
    (3) For transportation aboard passenger aircraft, for fuel cell 
cartridges contained in equipment, each fuel cell system and fuel cell 
cartridge must conform to IEC PAS 62282-6-1 Ed. 1 (IBR, see Sec.  171.7 
of this subchapter) or a standard approved by the Associate 
Administrator;
    (4) When packed with equipment, fuel cell cartridges must be packed 
in an intermediate packaging along with the equipment they are capable 
of powering, and the intermediate packagings packed in a strong outer 
packaging. The maximum number of fuel cell cartridges in the 
intermediate packaging may not be more than the number required to 
power the equipment, plus two spares;
* * * * *

0
18. In Sec.  173.306, paragraph (a)(5)(v) is revised, paragraph 
(a)(5)(vi) is redesignated as paragraph (a)(5)(vii), and new paragraph 
(a)(5)(vi) is added to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

    (a) * * *
    (5) * * *
    (v) Except as provided in paragraph (a)(5)(vi) of this section, 
each container must be subjected to a test performed in a hot water 
bath; the temperature of the bath and the duration of the test must be 
such that the internal pressure reaches that which would be reached at 
55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the liquid phase 
does not exceed 95% of the capacity of the container at 50 [deg]C (122 
[deg]F). If the contents are sensitive to heat, or if the container is 
made of plastic material which softens at this test temperature, the 
temperature of the bath must be set at between 20 [deg]C (68 [deg]F) 
and 30 [deg]C (86 [deg]F) but, in addition, one container in 2,000 must 
be tested at the higher temperature. No leakage or permanent 
deformation of a container may occur except that a plastic container 
may be deformed through softening provided that it does not leak.
    (vi) As an alternative to the hot water bath test in paragraph 
(a)(5)(v) of this section, testing may be performed as follows:
    (A) Pressure and leak testing before filling. Each empty container 
must be subjected to a pressure equal to or in excess of the maximum 
expected in the filled containers at 55 [deg]C (131 [deg]F) (or 50 
[deg]C (122 [deg]F) if the liquid phase does not exceed 95 percent of 
the capacity of the container at 50 [deg]C (122 [deg]F). This must be 
at least two-thirds of the design pressure of the container. If any 
container shows evidence of leakage at a rate equal to or greater than 
3.3 x 10-2 mbar[Cdot] L/s at the test pressure, distortion 
or other defect, it must be rejected; and
    (B) Testing after filling. Prior to filling, the filler must ensure 
that the crimping equipment is set appropriately and the specified 
propellant is used before filling the container. Once filled, each 
container must be weighed and leak tested. The leak detection equipment 
must be sufficiently sensitive to detect at least a leak rate of 2.0 x 
10-3 mbar[Cdot] L/s at 20 [deg]C (68 [deg]F). Any filled 
container which shows evidence of leakage, deformation, or excessive 
weight must be rejected.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
19. The authority citation for part 175 continues to read as follows:


    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.

0
20. In Sec.  175.10, paragraphs (a)(15)(iv)(B) and (a)(18)(ii) are 
revised to read as follows:


Sec.  175.10  Exceptions for passengers, crewmembers, and air 
operators.

    (a) * * *
    (15) * * *
    (iv) * * *
    (B) Is removed and placed in a strong, rigid packaging marked 
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that 
is properly marked); or
* * * * *
    (18) * * *
    (ii) The maximum water capacity of a fuel cell cartridge for 
hydrogen in a metal hydride may not exceed 120 mL (4 fluid ounces). The 
maximum quantity of fuel in all other fuel cell cartridge types may not 
exceed:
    (A) 200 mL (6.76 ounces) for liquids;
    (B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic 
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in 
metal fuel cell cartridges; or
    (C) 200 g (7 ounces) for solids.
* * * * *

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.  178.33b, the section heading is revised to read as 
follows:


Sec.  178.33b  Specification 2S; inner nonrefillable plastic 
receptacles.

* * * * *

0
23. Section 178.33b-7 is revised to read as follows:


Sec.  178.33b-7  Design qualification test.

    (a) Drop testing. (1) To ensure that creep does not affect the 
ability of the container to retain the contents, each new design must 
be drop tested as follows: Three groups of twenty-five filled 
containers must be dropped from 1.8 m (5.9 ft) on to a rigid, non-
resilient, flat and horizontal surface. One group must be conditioned 
at 38 [deg]C (100 [deg]F)

[[Page 74]]

for 26 weeks, the second group for 100 hours at 50 [deg]C (122 [deg]F) 
and the third group for 18 hours at 55 [deg]C (131 [deg]F), prior to 
performing the drop test. The closure, or sealing component of the 
container, must not be protected during the test. The orientation of 
the test container at drop must be statistically random, but direct 
impact on the valve or valve closure must be avoided.
    (2) Criteria for passing the drop test: The containers must not 
break or leak.
    (b) Design qualification testing must be completed if the design is 
manufactured with a new mold or if there is any change in the 
properties of the material of construction.

0
24. In Sec.  178.33b-8, the section heading is revised to read as 
follows and paragraph (b) is removed and reserved:


Sec.  178.33b-8  Production tests.

* * * * *

0
25. In Sec.  178.703, paragraph (a)(1)(vii) is revised and a new 
paragraph (b)(7) is added to read as follows:


Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (vii) The stacking test load in kilograms (kg). For IBCs not 
designed for stacking, the figure ``0'' must be shown.
* * * * *
    (b) * * *
    (7) The symbol applicable to an IBC designed for stacking or not 
designed for stacking, as appropriate, must be marked on all IBCs 
manufactured, repaired or remanufactured after January 1, 2011 as 
follows:
    (i)
    [GRAPHIC] [TIFF OMITTED] TR04JA10.097
    
    (ii) Display the symbol in a durable and visible manner.
    (iii) The symbol must not be less than 100 mm (3.9 inches) by 100 
mm (3.9 inches).
    (iv) For IBCs designed for stacking, the maximum permitted stacking 
load applicable when the IBC is in use must be displayed with the 
symbol. The mass in kilograms (kg) marked above the symbol must not 
exceed the load imposed during the design test, as indicated by the 
marking in paragraph (a)(1)(vii) of this section, divided by 1.8. The 
letters and numbers indicating the mass must be at least 12 mm (0.48 
inches).

    Issued in Washington, DC on December 17, 2009, under authority 
delegated in 49 CFR part 1.
M. Cynthia Douglass,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. E9-30556 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-60-P


