
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]               
[Page 65696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de09-11]                         

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 172

[Docket No. PHMSA-2009-0238 (HM-224G)]
RIN 2137-AE49

 
Hazardous Materials: Chemical Oxygen Generators

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

ACTION: Final rule; confirmation of effective date.

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SUMMARY: PHMSA is confirming the effective date of its direct final 
rule, published under Docket No. PHMSA-2009-0238 (HM-224G) on October 
15, 2009, to amend the Hazardous Materials Regulations by revising the 
quantity limitation from 25 kg ``gross'' to 25 kg ``net'' for packages 
of chemical oxygen generators transported aboard cargo aircraft only. 
The direct final rule stated that it would become effective on November 
16, 2009 unless an adverse comment or notice of intent to file an 
adverse comment was received by November 16, 2009. PHMSA did not 
receive any adverse comments or notice of intent to file an adverse 
comment to its October 15, 2009 direct final rule.

DATES: The November 16, 2009 effective date of the direct final rule 
published on October 15, 2009 (74 FR 52896), is confirmed.

FOR FURTHER INFORMATION CONTACT: T. Glenn Foster, (202) 366-8553, U.S. 
Department of Transportation, Pipeline and Hazardous Materials Safety 
Administration, Office of Hazardous Materials Standards, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    On January 31, 2007, PHMSA issued a final rule under Docket No. 
RSPA-04-17664 (HM-224B) to enhance the safety standards for 
transportation by air of compressed oxygen, other oxidizing gases, and 
chemical oxygen generators (72 FR 4442). Specifically, the final rule 
amended the HMR to require cylinders of compressed oxygen and chemical 
oxygen generators to be transported in an outer packaging that: (1) 
Meets the same flame penetration resistance standards as required for 
cargo compartment sidewalls and ceiling panels in transport category 
airplanes; and (2) provides certain thermal protection capabilities so 
as to retain its contents during an otherwise controllable cargo 
compartment fire.
    In response to a petition, PHMSA determined it was necessary to 
revise the quantity limitation for packages of chemical oxygen 
generators transported aboard cargo aircraft only from 25 kilograms 
``gross'' to 25 kilograms ``net,'' and published a direct final rule in 
the Federal Register on October 15, 2009.
    PHMSA stated in the direct final rule that it would consider as 
adverse comments only those comments that explain why a rule would be 
inappropriate, or would be ineffective or unacceptable without a 
change. PHMSA did not receive an adverse comment or notice of intent to 
file an adverse comment in response to the direct final rule. In this 
present notice, PHMSA is confirming that the effective date for the 
October 15, 2009 direct final rule is November 16, 2009.

List of Subjects in 49 CFR Part 172

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

    Issued in Washington, DC, on December 7, 2009 under authority 
delegated in 49 CFR part 106.
Cynthia L. Quarterman,
Administrator.
[FR Doc. E9-29522 Filed 12-10-09; 8:45 am]

BILLING CODE 4910-60-P
