
[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Rules and Regulations]               
[Page 53182-53189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc09-18]                         

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 174, 180

[Docket No. PHMSA-2009-0237 (HM-244B)]
RIN 2137-AE50

 
Hazardous Materials: Minor Editorial Corrections and 
Clarifications

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule corrects editorial errors, makes minor 
regulatory changes and, in response to requests for

[[Page 53183]]

clarification, improves the clarity of certain provisions in the 
Hazardous Materials Regulations. The intended effect of this rule is to 
enhance the accuracy and reduce misunderstandings of the regulations. 
The amendments contained in this rule are non-substantive changes and 
do not impose new requirements.

DATES: Effective date: October 16, 2009.

FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous 
Materials Standards, 202-366-8553, PHMSA, East Building, PHH-10, 1200 
New Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
(``we'') annually reviews the Hazardous Materials Regulations (HMR; 49 
CFR Parts 171-180) to identify typographical and other errors, outdated 
addresses or other contact information, and similar errors. In this 
final rule, we are correcting typographical errors, incorrect CFR 
references and citations, an incomplete office address, inconsistent 
use of terminology, misstatements of certain regulatory requirements 
and inadvertent omissions of information. Because these amendments do 
not impose new requirements, notice and public comment procedures are 
unnecessary. By making these amendments effective without the customary 
30-day delay following publication, the changes will appear in the next 
revision of the 49 CFR.

II. Section by Section Review

    The following is a summary by section of the more substantive 
changes made in this final rule. The summary does not include minor 
editorial corrections such as punctuation errors or similar minor 
revisions.

Part 107

    Appendix A to Subpart D of Part 107: In Appendix A to Subpart D of 
Part 107, in part II ``List of Frequently Cited Violations,'' under the 
heading ``Manufacturing, Reconditioning, Retesting Requirements,'' 
under ``F. Cylinder Requalification'' entry 7, in the second column, we 
are correcting the reference to ``Sec.  178.205(c)'' to ``Sec.  
180.205(c).''
Section 107.705
    This section prescribes requirements for persons who file 
registrations, reports, and applications for approval. We are updating 
the office mailing address in paragraph (a)(1) for submitting these 
documents.

Part 171

Section 171.8
    This section contains definitions for certain terms used in the 
HMR. We are revising the definition for ``commerce'' in Sec.  171.8 to 
align it with the definition contained in the Federal hazardous 
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et 
seq.), as amended by the Hazardous Materials Safety and Security 
Reauthorization Act of 2005 (the Act; Title VII of Public Law 109-59, 
119 Stat. 1144 (August 10, 2005)). The revised definition adds 
transportation on a United States-registered aircraft to clarify that 
such transportation is considered transportation in commerce for 
purposes of Federal hazmat law and the HMR. In this final rule, we are 
revising the definition of ``commerce'' in the HMR to read: ``Commerce 
means trade or transportation in the jurisdiction of the United States 
within a single state; between a place in a state and a place outside 
of the state; that affects trade or transportation between a place in a 
state and place outside of the state; or on a United States-registered 
aircraft.'' In addition, we are revising the definition of ``material 
poisonous by inhalation'' to clarify that the term is synonymous with 
``material toxic by inhalation.''
Section 171.12
    This section prescribes requirements for hazardous materials 
shipments transported to or from Canada or Mexico. Paragraph (a)(1) 
provides that these shipments must meet the applicable requirements in 
Sec. Sec.  171.22 and 171.23; these sections are contained in Subpart C 
of Part 171. Therefore, we are also revising the introductory language 
in the last sentence in paragraph (a)(1) to include compliance with the 
applicable requirements in ``subpart C of this part.''
Section 171.15
    This section prescribes requirements for the immediate telephonic 
notification of certain hazardous materials incidents. In this final 
rule, we are revising paragraph (a) to permit notifications to the 
National Response Center to be submitted electronically through an 
Internet site.
Section 171.22
    This section contains authorizations and conditions for the use of 
international standards and regulations for the transportation of 
hazardous materials to, from, or within the United States. As stated 
earlier in the preamble discussion to Sec.  171.8, the definition of 
``commerce'' is revised in this final rule to recognize that the term 
includes the transportation of hazardous materials aboard any United 
States-registered aircraft. Consistent with the revision made to the 
definition of ``commerce,'' we are revising paragraph (a) in Sec.  
171.22 to clarify that the authorization provided in this section for 
use of international standards applies to transportation on U.S.-
registered aircraft anywhere in the world, not just to transportation 
in commerce of hazardous materials ``to, from, or within the United 
States.''

Part 172

Section 172.101
    This section contains the Hazardous Materials Table (HMT) and 
explanatory text for each of the columns in the table. In this final 
rule, we are removing the entries ``Nitrous oxide and carbon dioxide 
mixtures, see Carbon dioxide and nitrous oxide mixtures,'' ``Oxygen and 
carbon dioxide mixtures, see Carbon dioxide and oxygen mixtures,'' and 
``Oxygen, mixtures with rare gases, see Rare gases and oxygen 
mixtures'' because the HMT entries to which the reader is directed are 
no longer in the HMT. These entries, ``Carbon dioxide and nitrous oxide 
mixtures, UN1015,'' ``Carbon dioxide and oxygen mixtures, compressed, 
UN1014,'' and Rare gases and oxygen mixtures, compressed, UN1980, were 
removed in a final rule published under Docket HM-215I (71 FR 78596; 
December 29, 2006).
Section 172.320
    This section prescribes marking requirements for packages of Class 
1 (explosive) materials. We are removing paragraph (e)(4) because it 
contains an obsolete provision and the paragraph designation is 
reserved.

Part 173

Section 173.62
    This section prescribes the specific packaging requirements for 
explosives. We are correcting the formatting of Packing Instruction 134 
in the Table of Packing Methods to move the fibreboard (4G) package 
from the column headed ``Inner packagings'' to the column headed 
``Outer packagings.'' This reformatting error occurred in the printing 
of a previous rulemaking.
Section 173.124
    This section prescribes the definitions for Class 4, Divisions 4.1, 
4.2 and 4.3 materials. Due to a printing error, the test procedure for 
assigning a self-reactive material to a generic type was

[[Page 53184]]

inadvertently printed in multiple locations and the definition of a 
type C self-reactive material was inadvertently omitted from this 
section. Therefore, to correct this printing error, we are revising 
paragraphs (a)(2)(ii)(C) and (a)(2)(iii)(C) to delete the duplicate 
test procedure and reinstate the definition of a type C self-reactive 
material.
Section 173.133
    This section prescribes the assignment of packing group and hazard 
zones for Division 6.1 materials. We are revising the table in Sec.  
173.133(a)(1) to correct the reference to Sec.  172.203(m)(2) to read 
Sec.  172.203(m).
Section 173.168
    This section specifies requirements for transportation of chemical 
oxygen generators. Paragraph (d)(2)(i) contains the test procedure and 
acceptance criteria for the Flame Penetration Resistance Test. In a 
September 28, 2007 final rule (72 FR 55091), we moved the entire test 
procedure to new Appendix E to Part 178 but failed to remove the 
corresponding language in paragraph (d)(2)(i). In this final rule, we 
are revising paragraph (d) to remove the duplicative language.
Section 173.304
    This section prescribes filling requirements for cylinders of 
liquefied compressed gases. We are revising paragraph (f)(3)(ii) to 
correct ``part 78'' to read ``part 178.''

Part 174

Section 174.59
    This section prescribes marking and placarding requirements for 
rail cars offered for transportation. In the last sentence, we are 
correcting a reference to Sec.  171.12a to read Sec.  171.12.

Part 176

Section 176.415
    This section prescribes requirements for the transportation by 
vessel of Division 1.5, ammonium nitrates, and certain ammonium nitrate 
fertilizers. We are correcting paragraph (c)(4) to remove the word 
``and'' at the end of the sentence.

Part 180

Section 180.209
    This section, which prescribes requalification requirements for DOT 
specification cylinders, contains a paragraph (a)(1) but no (a)(2). We 
are correcting this formatting inconsistency by removing the paragraph 
designation ``(1)'' preceding the first full sentence.
Section 180.407
    This section prescribes periodic requalification requirements for 
specification cargo tanks. Paragraphs (c) and (h) require each cargo 
tank to be tested for leaks, to include the product piping with all 
valves and accessories in place and operative. Paragraph (h)(2) permits 
cargo tanks equipped with vapor collection equipment and used to 
transport petroleum distillate fuels to be leakage tested in accordance 
with the Environmental Protection Agency's (EPA's) Method 27 in place 
of the HMR requirement and specifies that the test must be conducted in 
accordance with the test methods and procedures prescribed in 40 CFR 
63.425(e)(1). However, the paragraph inadvertently fails to reference 
the required cargo tank internal valve test procedures in paragraph 
(e)(2). Therefore, in this final rule, we are revising paragraph (h)(2) 
in Sec.  180.407 of the HMR to reference 40 CFR 63.425(e)(2).
Section 180.605
    This section prescribes requalification requirements for 
specification and UN portable tanks. Paragraph (h)(1) prescribes the 
pressure test procedures for specification 51, 56, and 57 portable 
tanks; however, the paragraph heading does not reference specification 
56 portable tanks. In this final rule, are revising paragraph (h) 
heading to include the specification 56 portable tanks.

III. Regulatory Analyses and Notices

A. Statutory Authority

    This final rule is published under authority of 49 U.S.C. 5103(b), 
which authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous material in intrastate, interstate, and foreign commerce. The 
purpose of this final rule is to remove unnecessary cross references to 
the hazardous materials table, correct mailing addresses, grammatical 
and typographical errors, and, in response to requests for 
clarification, improve the clarity of certain provisions in the 
Hazardous Materials Regulations.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). This final rule does not 
impose new or revised requirements for hazardous materials shippers or 
carriers; therefore, it is not necessary to prepare a regulatory impact 
analysis.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 13132 (``Federalism''). This final rule 
does not adopt any regulation that: (1) Has substantial direct effects 
on the states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government; or (2) imposes substantial direct 
compliance costs on state and local governments. PHMSA is not aware of 
any state, local, or Indian tribe requirements that would be preempted 
by correcting editorial errors and making minor regulatory changes. 
This final rule does not have sufficient federalism impacts to warrant 
the preparation of a federalism assessment.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply, and a tribal summary impact statement is not 
required.

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

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule makes minor 
editorial changes which will not impose any new requirements on persons 
subject to the HMR; thus, there are no direct or indirect adverse 
economic impacts for small units of government, businesses, or other 
organizations.

F. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $141.3 
million or more to either state, local, or tribal governments, in the 
aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objectives of the rule.

[[Page 53185]]

G. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

H. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

I. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects

49 CFR Part 107

    Hazardous materials transportation program procedures.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Reporting and recordkeeping requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Carriage by rail.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.

0
In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 is revised to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 
104-134 section 31001; 49 CFR 1.45, 1.53.

Appendix A to Subpart D of Part 107--[Amended]

0
2. In Appendix A to Subpart D of Part 107, in the List of Frequently 
Cited Violations (Part II), under the heading ``Manufacturing, 
Reconditioning, and Retesting Requirements,'' under ``F. Cylinder 
Requalification:'', revise entry 7 to read as follows:

                                     II--List of Frequently Cited Violations
----------------------------------------------------------------------------------------------------------------
          Violation description                   Section or cite                  Baseline assessment
----------------------------------------------------------------------------------------------------------------
                            Manufacturing, Reconditioning, and Retesting Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
F. Cylinder Requalification: * * *.......  171.2(c), (e), 180.205(c),    $2,000 to $6,000.
7. Representing, marking, or certifying a   Applicable Exemption or
 cylinder as meeting the requirements of    Special Permit.
 an exemption or special permit when the
 cylinder was not maintained or retested
 in accordance with the exemption or
 special permit.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. In Sec.  107.705, revise paragraph (a)(1) to read as follows:


Sec.  107.705  Registrations, reports, and applications for approval.

    (a) * * *
    (1) File the registration, report, or application with the 
Associate Administrator for Hazardous Materials Safety (Attention: 
Approvals, PHH-32), Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, East Building, 2nd 
Floor, E23-406, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. 
Alternatively, the document with any attached supporting documentation 
in an appropriate format may be filed by facsimile (fax) to: (202) 366-
3753 or (202) 366-3308 or by electronic mail (e-mail) to: 
approvals@dot.gov.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
4. The authority citation for part 171 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.


0
5. In Sec.  171.8, revise the definitions for ``commerce'' and 
``materials poisonous by inhalation'' to read as follows:


Sec.  171.8  Definitions and Abbreviations

* * * * *
    Commerce means trade or transportation in the jurisdiction of the 
United States within a single state; between a place in a state and a 
place outside of the state; that affects trade or transportation 
between a place in a state and place outside of the state; or on a 
United States-registered aircraft.
* * * * *
    Material poisonous by inhalation or Material toxic by inhalation 
means:
    (1) A gas meeting the defining criteria in Sec.  173.115(c) of this 
subchapter and assigned to Hazard Zone A, B, C, or D in accordance with 
Sec.  173.116(a) of this subchapter;
    (2) A liquid (other than as a mist) meeting the defining criteria 
in Sec.  173.132(a)(1)(iii) of this subchapter and assigned to Hazard 
Zone A or B in accordance with Sec.  173.133(a) of this subchapter; or
    (3) Any material identified as an inhalation hazard by a special 
provision in column 7 of the Sec.  172.101 table.
* * * * *

0
6. In Sec.  171.12, revise paragraph (a)(1) to read as follows:

[[Page 53186]]

Sec.  171.12  North American Shipments.

    (a) * * *
    (1) A hazardous material transported from Canada to the United 
States, from the United States to Canada, or transiting the United 
States to Canada or a foreign destination may be offered for 
transportation or transported by motor carrier and rail in accordance 
with the Transport Canada TDG Regulations (IBR, see Sec.  171.7) as 
authorized in Sec.  171.22, provided the requirements in Sec. Sec.  
171.22 and 171.23, as applicable, and this section are met. In 
addition, a cargo tank motor vehicle, portable tank or rail tank car 
authorized by the Transport Canada TDG Regulations may be used for 
transportation to, from, or within the United States provided the cargo 
tank motor vehicle, portable tank or rail tank car conforms to the 
applicable requirements of this section. Except as otherwise provided 
in this subpart and subpart C of this part, the requirements in parts 
172, 173, and 178 of this subchapter do not apply for a material 
transported in accordance with the Transport Canada TDG Regulations.
* * * * *

0
7. In Sec.  171.15, revise paragraph (a) introductory text to read as 
follows:


Sec.  171.15  Immediate notice of certain hazardous materials 
incidents.

    (a) General. As soon as practical but no later than 12 hours after 
the occurrence of any incident described in paragraph (b) of this 
section, each person in physical possession of the hazardous material 
must provide notice to the National Response Center (NRC) by telephone 
at 800-424-8802 (toll free) or 202-267-2675 (toll call) or online at 
http://www.nrc.uscg.mil. Notice involving an infectious substance 
(etiologic agent) may be given to the Director, Centers for Disease 
Control and Prevention (CDC), U.S. Public Health Service, Atlanta, GA, 
800-232-0124 (toll free), in place of notice to the NRC. Each notice 
must include the following information:
* * * * *

0
8. In Sec.  171.22, revise paragraph (a) to read as follows:


Sec.  171.22   Authorization and conditions for the use of 
international standards and regulations.

    (a) Authorized international standards and regulations. This 
subpart authorizes, with certain conditions and limitations, the 
offering for transportation and the transportation in commerce of 
hazardous materials in accordance with the International Civil Aviation 
Organization's Technical Instructions for the Safe Transport of 
Dangerous Goods by Air (ICAO Technical Instructions), the International 
Maritime Dangerous Goods Code (IMDG Code), Transport Canada's 
Transportation of Dangerous Goods Regulations (Transport Canada TDG 
Regulations), and the International Atomic Energy Agency Regulations 
for the Safe Transport of Radioactive Material (IAEA Regulations) (IBR, 
see Sec.  171.7).
* * * * *

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

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

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

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

0
10. In Sec.  172.101, in the Hazardous Materials Table, remove the 
following entries.

[[Page 53187]]



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                                    (8) Packaging (Sec.   173.***)            (9) Quantity limitations (See        (10) Vessel stowage
                    materials        Hazard                                                                Special     --------------------------------------------------    Sec.  Sec.   173.27  and    -------------------------------
   Symbols      descriptions and    class or     Identification          PG            Label codes        provisions                                                     -------------175.75)------------
                 proper shipping    division        numbers                                                 (Sec.          Exceptions        Non-bulk          Bulk          Passenger    Cargo aircraft     Location          Other
                      names                                                                                172.102)                                                        aircraft/rail       only
(1)            (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REMOVE]

                                                                                                              * * * * * * *
               Nitrous oxide and
                carbon dioxide
                mixtures, see
                Carbon dioxide
                and nitrous oxide
                mixtures.

                                                                                                              * * * * * * *
               Oxygen and carbon
                dioxide mixtures,
                see Carbon
                dioxide and
                oxygen mixtures.

                                                                                                              * * * * * * *
               Oxygen, mixtures
                with rare gases,
                see Rare gases
                and oxygen
                mixtures.

                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 53188]]

* * * * *

0
11. In Sec.  172.320, revise paragraph (e) to read as follows:


Sec.  172.320  Explosive hazardous materials.

* * * * *
    (e) The requirements of this section do not apply to the following 
Class 1 materials:
    (1) Those being shipped to a testing agency in accordance with 
Sec.  173.56(d) of this subchapter;
    (2) Those being shipped in accordance with Sec.  173.56(e) of this 
subchapter, for the purposes of developmental testing;
    (3) Those which meet the requirements of Sec.  173.56(h) of this 
subchapter and therefore are not subject to the approval process of 
Sec.  173.56 of this subchapter;
    (4) [Reserved];
    (5) Those that are transported in accordance with Sec.  
173.56(c)(2) of this subchapter and, therefore, are covered by a 
national security classification currently in effect.

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

0
12. The authority citation for part 173 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.


0
13. In Sec.  173.62, in paragraph (c), revise Packing instruction 134 
in the Table of Packing Methods to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                  Intermediate
        Packing instruction             Inner packagings           packagings              Outer packagings
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
134................................  Bags..................  Not necessary.........  Boxes.
                                      water resistant......                           steel (4A).
                                     Receptacles...........                           aluminium (4B).
                                      fibreboard...........                           wood, natural, ordinary
                                      metal................                           (4C1).
                                      plastics.............                           wood, natural, sift proof
                                      wood.................                           walls (4C2).
                                     Sheets................                           plywood (4D).
                                      fibreboard,                                     reconstituted wood (4F).
                                      corrugated.                                     fibreboard (4G).
                                     Tubes.................                           plastics, expanded (4H1).
                                      fibreboard...........                           plastics, solid (4H2).
                                                                                     Drums.
                                                                                      fibreboard (1G).
                                                                                      plastics, removable head
                                                                                      (1H2).
                                                                                      steel, removable head
                                                                                      (1A2).
                                                                                      aluminium, removable head
                                                                                      (1B2).
                                                                                      plywood (1D).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


0
14. In Sec.  173.124, revise paragraphs (a)(2)(ii)(C) and 
(a)(2)(iii)(C) to read as follows:


Sec.  173.124  Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.

    (a) * * *
    (2) * * *
    (ii) * * *
    (C) Type C. Self-reactive material type C is a self-reactive 
material which, as packaged for transportation, neither detonates nor 
deflagrates rapidly and cannot undergo a thermal explosion.
* * * * *
    (iii) * * *
    (C) Performance of the self-reactive material under the test 
procedures specified in the UN Manual of Tests and Criteria (IBR, see 
Sec.  171.7 of this subchapter) and the provisions of paragraph 
(a)(2)(iii) of this section; and
* * * * *

0
15. In Sec.  173.133, in paragraph (a)(2)(i), revise Note 2 following 
the table to read as follows:


Sec.  173.133  Assignment of packing group and hazard zones for 
Division 6.1 materials.

    (a) * * *
    (2) * * *
    (i) * * *

    Note 2:  A liquid in Division 6.1 meeting criteria for Packing 
Group I, Hazard Zones A or B stated in paragraph (a)(2) of this 
section is a material poisonous by inhalation subject to the 
additional hazard communication requirements in Sec. Sec.  
172.203(m), 172.313 and table 1 of Sec.  172.504(e) of this 
subchapter.

* * * * *

0
16. In Sec.  173.168, revise paragraph (d)(2) to read as follows:


Sec.  173.168  Chemical oxygen generators.

* * * * *
    (d) * * *
    (2) After September 30, 2009, with its contents, is capable of 
meeting the following additional requirements when transported by 
cargo-only aircraft:
    (i) The Flame Penetration Resistance Test specified in Appendix E 
to part 178 of this subchapter.
    (ii) The Thermal Resistance Test specified in Appendix D to part 
178 of this subchapter.
* * * * *

0
17. In Sec.  173.304, revise paragraph (f)(3)(ii) to read as follows:


Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (f) * * *
    (3) * * *
    (ii) After September 30, 2009, is capable of passing, as 
demonstrated by design testing, the Flame Penetration Resistance Test 
specified in part III of Appendix E to part 178 of this subchapter; and
* * * * *

[[Page 53189]]

PART 174--CARRIAGE BY RAIL

0
18. The authority citation for part 174 continues to read as follows:

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


0
19. Revise Sec.  174.59 to read as follows:


Sec.  174.59  Marking and placarding of rail cars.

    No person may transport a rail car carrying hazardous materials 
unless it is marked and placarded as required by this subchapter. 
Placards and car certificates lost in transit must be replaced at the 
next inspection point, and those not required must be removed at the 
next terminal where the train is classified. For Canadian shipments, 
required placards lost in transit, must be replaced either by those 
required by part 172 of this subchapter or by those authorized under 
Sec.  171.12.

PART 176--CARRIAGE BY VESSEL

0
20. The authority citation for part 176 continues to read as follows:

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


0
21. In Sec.  176.415, make the following amendments:
0
a. At the end of paragraph (c)(2), remove the period and add a semi-
colon in its place;
0
b. At the end of paragraph (c)(3), remove the semi-colon and add ``; 
and'' in its place; and
0
c. Revise paragraph (c)(4).

    The revision reads as follows:


Sec.  176.415  Permit requirements for Division 1.5, ammonium nitrates, 
and certain ammonium nitrate fertilizers.

* * * * *
    (c) * * *
    (4) Each facility at which the material is to be loaded or unloaded 
must be located so that each vessel to be loaded or unloaded has an 
unrestricted passage to open water. Each vessel must be moored bow to 
seaward, and must be maintained in a mobile status during loading, 
unloading, or handling operations by the presence of tugs or the 
readiness of engines. Each vessel must have two wire towing hawsers, 
each having an eye splice, lowered to the water's edge, one at the bow 
and the other at the stern.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
22. The authority citation for part 180 continues to read as follows:

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


0
23. In Sec.  180.209, revise paragraph (a)(1) introductory text to read 
as follows:


Sec.  180.209  Requirements for requalification of specification 
cylinders.

    (a) Periodic qualification of cylinders. Each specification 
cylinder that becomes due for periodic requalification, as specified in 
the following table, must be requalified and marked in conformance with 
the requirements of this subpart. Requalification records must be 
maintained in accordance with Sec.  180.215. Table 1 follows:
* * * * *

0
24. In Sec.  180.407, revise paragraph (h)(2) to read as follows:


Sec.  180.407  Requirements for test and inspection of specification 
cargo tanks.

* * * * *
    (h) * * *
    (2) Cargo tanks used to transport petroleum distillate fuels that 
are equipped with vapor collection equipment may be leak tested in 
accordance with the Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using 
Pressure-Vacuum Test,'' as set forth in Appendix A to 40 CFR part 60. 
Test methods and procedures and maximum allowable pressure and vacuum 
changes are in 40 CFR 63.425(e). The hydrostatic test alternative, 
using liquid in Environmental Protection Agency's ``Method 27--
Determination of Vapor Tightness of Gasoline Delivery Tank Using 
Pressure-Vacuum Test,'' may not be used to satisfy the leak testing 
requirements of this paragraph. The test must be conducted using air.
* * * * *

0
25. In Sec.  180.605, revise the heading to paragraph (h) to read as 
follows:


Sec.  180.605  Requirements for periodic testing, inspection and repair 
of portable tanks.

* * * * *
    (h) Pressure test procedures for specification 51, 56, 57, 60, IM 
or UN portable tanks. * * *
* * * * *

    Issued in Washington, DC, on October 1, 2009, under authority 
delegated in 49 CFR part 1.
Cynthia Douglass,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. E9-24807 Filed 10-15-09; 8:45 am]

BILLING CODE 4910-60-P
