
[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Rules and Regulations]               
[Page 53593-53598]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se10-8]                         

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 176, 177, 179, and 180

[Docket No. PHMSA-2010-0195 (HM-244C)]
RIN 2137-AE61

 
Hazardous Materials: Minor Editorial Corrections and 
Clarifications

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

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors, makes minor 
regulatory changes and, in response to requests for clarification, 
improves the clarity of certain provisions in the Hazardous Materials 
Regulations. The intended effect of this rule is to enhance the 
accuracy and reduce misunderstandings of the regulations. The 
amendments contained in this rule are non-substantive changes and do 
not impose new requirements.

DATES: Effective Date: October 1, 2010.

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

SUPPLEMENTARY INFORMATION:

I. Background

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171-180) to identify typographical and other errors, outdated addresses 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

II. Section by Section Review

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

Part 107

Section 107.117
    This section sets forth conditions and procedures for emergency 
processing for an application for a special permit. The daytime 
telephone number for the Federal Motor Carrier Administration in 
paragraph (d)(3) is no longer correct. Accordingly, we are revising 
this contact number.
Section 107.329
    This section sets forth the maximum and minimum civil penalties for 
violations of the Federal hazardous material transportation law, 49 
U.S.C. 5101 et seq., and violations of regulations issued pursuant to 
that law. Those maximum and minimum penalties were most recently 
adjusted on December 29, 2009 (74 FR 68701) to consider the effects of 
inflation since reauthorization of the Federal hazardous material 
transportation law in August 2005. We found that the inflation 
adjustment in the Federal Civil Penalties Inflation Adjustment Act (28 
U.S.C. 2461 note) (the Act)--the change in the CPI-U over the 
prescribed period--was 12.5%, but that the Act limited the adjustment 
of the maximum and minimum civil penalties to 10%. These adjusted 
maximum and minimum civil penalties apply to any violation occurring on 
or after January 1, 2010.
    More recently, it has been called to our attention that we did not 
apply the ``rounding'' requirement in Section 5 of the Act in making 
adjustments to the minimum civil penalty amounts. Applying the 12.5% 
increase in the CPI-U to the $450 minimum penalty for a violation 
related to training produces an increase of $56.25, which would be 
rounded to $100--except for the limitation in the Act that the initial 
adjustment may not exceed 10%. Thus, the adjusted minimum penalty of 
$495 for a violation related to training was correct. However, when the 
$250 minimum penalty amount for other violations is increased by 12.5%, 
the result would be an increase of $31.25, which must be rounded to the 
nearest $100--or $0. Thus, we should have left the minimum civil 
penalty for other violations at $250. Accordingly, we are correcting 
this error in both Sec.  107.329 and Sec.  171.1(g). PHMSA does not 
believe that the improper $275 civil penalty amount has been used in 
any enforcement case arising out of

[[Page 53594]]

violations that occurred on or after January 1, 2010, and we will 
continue to use the proper $250 amount in such enforcement cases that 
have arisen since that date.

Part 171

Section 171.6
    Section 171.6 consolidates and displays the control numbers 
assigned to the HMR collections of information by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995. 
This section complies with the requirements of 5 CFR 1320.7(f), 
1320.12, 1320.13 and 1320.14 (OMB regulations implementing the 
Paperwork Reduction Act of 1995) for the display of control numbers 
assigned by OMB to collections of information of the HMR. In paragraph 
(b)(2), the table of OMB control numbers is revised to update affected 
sections for OMB control numbers 2137-0022 and 2137-0572.
Section 171.7
    Paragraph (b) of Sec.  171.7 lists materials that are 
``informational materials not requiring incorporation by reference'' 
into the HMR. In the preamble to the HM-244A final rule published in 
the Federal Register on October 1, 2008 (73 FR 57001), we stated that 
the Compressed Gas Association's (CGA) publication CGA C-1.1, Personnel 
Training and Certification Guidelines for Cylinder Requalification By 
the Volumetric Expansion Method, could be used as guidance material to 
assist cylinder requalifiers in setting up their training procedures 
and was not to be considered as a stand alone tool for training persons 
on how to perform requalification of cylinders using the volumetric 
expansion test method. In that final rule, we also stated we were 
removing the entries in Sec. Sec.  171.7(b) and 180.205(g)(6) that 
refer to the publication. However, due to an oversight, the amendatory 
language was inadvertently omitted. Therefore, in this final rule, we 
are removing the entry for CGA C-1.1 from Sec.  171.7(b) and paragraph 
(g)(6) from Sec.  180.205.

Part 172

Section 172.101
    This section contains the Hazardous Materials Table (HMT) and 
explanatory text for each of the columns in the table. Some of the 
information for the entry ``Helium, compressed, UN1046'' in the HMT was 
reported under the incorrect columns. In this final rule, we are 
revising the entry ``Helium, compressed, UN1046'' by correcting the 
information reported in columns 5, 6, 7, 8a, 8b, and 9a.
Section 172.604
    This section prescribes requirements for providing the emergency 
response telephone number on hazardous materials shipping papers. As 
amended in the final rule, ``Revision of Requirements for Emergency 
Response Telephone Numbers,'' HM-206F, published October 19, 2009 (74 
FR 53413), we are correcting Sec.  172.604(b)(1) by adding the word 
``information'' to the phrase ``emergency response provider'' so that 
it reads ``emergency response information provider (ERI provider).'' In 
the October 19, 2009 final rule, the word ``information'' was 
inadvertently omitted during the printing of the regulatory text.
    In paragraphs (b)(1) and (b)(2), we are clarifying the term 
``contract number'' by adding the wording ``or other unique identifier 
assigned by the ERI provider'' to clarify that the term ``contract 
number'' identifies the registrant to the ERI provider. This 
clarification should serve to avoid confusion when an ERI provider may 
be using the term ``contract number'' for another purpose.
    In paragraph (b)(2), we are also clarifying that the person who is 
registered with the emergency response provider must be identified by 
name or contract number on the shipping paper immediately before, 
after, above, or below the emergency response telephone number in a 
prominent, readily identifiable, and clearly visible manner that allows 
the information to be easily and quickly found unless the name or 
identifier is entered elsewhere in a prominent manner in accordance 
with paragraph (b)(1).
Section 172.800
    This section prescribes hazardous materials security plan 
requirements. In a final rule, ``Risk-Based Adjustment of 
Transportation Security Plan Requirements,'' HM-232F, published March 
9, 2010 (75 FR 10974), there were three drafting errors. First, we 
indicated that ``the security planning requirement will apply, as it 
does now, to all Division 1.4 explosives transported in quantities that 
require placarding under Subpart F of Part 172 of the HMR.'' However, 
in the regulatory text to the final rule we referenced Sec.  172.504(c) 
in place of Subpart F of Part 172. As a result, the changes may be 
interpreted to require placards for certain Division 1.4S materials 
that fall under Sec.  172.504(f)(6). This was not our intent. Second, 
we indicated, in the final rule, that the security planning requirement 
for desensitized explosives in Class 3 and Division 4.1 would apply to 
quantities that require placarding under Sec.  172.504(c). This 
reference is not clear and is inconsistent with previous references to 
``quantities that require placarding under the provisions of Subpart F 
of Part 172.'' Therefore, to clarify the first two errors, we are 
revising Sec.  172.800(b)(2) and (b)(7) to remove the reference to 
``Sec.  172.504(c)'' and replacing it to read ``subpart F of this 
part.''
    The third error is closely related to the first two errors. We 
indicated, in the final rule, that the security planning requirements 
for Division 4.3 materials would continue to require security plans for 
``any quantity'' of Division 4.3 materials. Again, this reference is 
not clear and is inconsistent with previous references to ``quantities 
that require placarding under the provisions of Subpart F of Part 
172.'' Therefore, to correct this error we are revising Sec.  
172.800(b)(9) to read ``any quantity of a Division 4.3 material 
requiring placarding in accordance with subpart F of this part,'' as 
intended in the final rule to HM-232F.

Part 173

Section 173.27
    This section specifies general requirements for packaging hazardous 
materials for transportation by aircraft. The reference to Sec.  171.11 
in paragraph (f) is no longer valid. Therefore, PHMSA is correcting 
this error by revising paragraph (f) to remove the reference to Sec.  
171.11 and replacing it with a reference to Sec.  171.22.
Section 173.171
    This section prescribes requirements for smokeless powder for small 
arms. The entry ``Smokeless powder for small arms (100 pounds or 
less),'' NA3178 is only applicable to U.S. transportation as indicated 
by the ``D'' in column 1 of the HMT. Therefore, in Sec.  173.171, the 
introductory text is revised to clarify that the provisions of this 
section applies to domestic transportation only.
Section 173.314
    This section prescribes requirements for transporting compressed 
gases in tank cars and multi-unit tank cars. For the entry 
``Chlorine,'' column 2 of the table entitled ``Outage and filling 
limits'' refers to ``Note 13''. There is no ``Note 13.'' To correct 
this error, the reference to ``Note 13'' in column 2 of the table, is 
removed. In addition, for the entries ``Hydrogen Sulphide'' and 
``Hydrogen sulphide, liquefied'' column 1 of the table reflects the 
international spelling while the proper shipping name entries

[[Page 53595]]

in the Sec.  172.101 HMT reflect the domestic spelling of ``Hydrogen 
sulfide.'' Both spellings are authorized in accordance with Sec.  
172.101(c)(1). However, we are revising the entries in the Sec.  
173.314 table to read ``Hydrogen Sulfide'' and ``Hydrogen sulfide, 
liquefied'' to be consistent with the spelling in the Sec.  172.101 
HMT.

Part 176

Section 176.54
    This section prescribes requirements for repairs involving welding, 
burning, and power-actuated tools and appliances. We are revising 
paragraph (b)(1) to correct the reference to 33 CFR 126.15(c) to read 
33 CFR 126.30.

Part 177

Section 177.843
    This section prescribes requirements for surveying for 
contamination on motor vehicles used to transport Class 7 radioactive 
materials under exclusive use conditions. We are revising paragraph (a) 
to correct the reference to ``Sec.  173.427(b)(3) or (c) or Sec.  
173.443(c)'' to read ``Sec.  173.427(b)(4) or (c) or Sec.  173.443(c)'' 
to correct a typographical error.

Part 179

Appendix B
    49 CFR part 179, appendix B prescribes procedure for the 
``Simulated Pool and Torch Fire Test.'' PHMSA is correcting an error in 
the pool and torch fire test requirements. The conversion that was used 
to establish the tolerances for the flame temperatures was incorrect. A 
temperature conversion was made. However, a factor of 1.8 should have 
been used to convert between degrees Fahrenheit and degrees Celsius. 
The temperature requirements should read 871 [deg]C (1600 [deg]F) +/- 
55.6 [deg]C (132.08 [deg]F).

Part 180

Section 180.213
    This section prescribes requirements for requalification markings 
for cylinders.
    We are revising paragraph (d)(2) to correct the reference to Sec.  
173.301(l) to read Sec.  171.23(a)(4).

III. Regulatory Analyses and Notices

A. Statutory Authority

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

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

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

C. Executive Order 13132

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

D. Executive Order 13175

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

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

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

F. Unfunded Mandates Reform Act of 1995

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

G. Paperwork Reduction Act

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

H. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

I. Regulation Identifier Number (RIN)

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

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

[[Page 53596]]

49 CFR Part 176

    Hazardous materials transportation, Segregation, Handling and 
stowage, Maritime carriers.

49 CFR Part 177

    Hazardous materials transportation, Loading and unloading, 
Segregation and separation.

49 CFR Part 179

    Hazardous materials transportation, Rail car specifications.

49 CFR Part 180

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

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

PART 107-HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

    Authority: 49 U.S.C. 5101-5129, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note), Pub. L. 104-134 
section 31001.


Sec.  107.117  [Amended]

0
2. In Sec.  107.117, in paragraph (d)(3), the phone number ``202-366-
6121'' is removed and the phone number ``202-385-2400'' is added in its 
place.


Sec.  107.329  [Amended]

0
3. In Sec.  107.329, in paragraphs (a) and (b), the figure ``$275'' is 
removed and the figure ``$250'' is added in its place.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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


Sec.  171.1  [Amended]

0
5. In Sec.  171.1, in paragraph (g), the wording ``$275'' is removed 
and the wording ``$250'' is added.

0
6. In Sec.  171.6, the table in paragraph (b)(2) is amended by revising 
the entries for ``2137-0022'' and ``2137-0572'' to read as follows:


Sec.  171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) Table.

------------------------------------------------------------------------
                                                    Title 49 CFR part or
                                                       section where
   Current OMB  control No.           Title            identified and
                                                         described
------------------------------------------------------------------------

                              * * * * * * *
2137-0022.....................  Testing,           Sec.  Sec.   173.5b,
                                 Inspection, and    173.302a, 173.303,
                                 Marking            173.304, 173.309,
                                 Requirements for   178.2, 178.3,
                                 Cylinders.         178.35, 178.44,
                                                    178.45, 178.46,
                                                    178.57, 178.59,
                                                    178.60, 178.61,
                                                    178.68, 180.205,
                                                    180.207, 180.209,
                                                    180.211, 180.213,
                                                    180.215, 180.217,
                                                    Appendix C to Part
                                                    180.

                              * * * * * * *
2137-0572.....................  Testing            Sec.  Sec.   173.168,
                                 requirements for   178.2, 178.601,
                                 non-bulk           Appendix C to Part
                                 packages.          178, Appendix D to
                                                    Part 178.
------------------------------------------------------------------------

Sec.  171.7  [Amended]

0
7. In the table in paragraph (b) of Sec.  171.7, the entry ``Compressed 
Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia 
20151, CGA C-1.1, Personnel Training and Certification Guidelines for 
Cylinder Requalification By the Volumetric Expansion Method, 2004, 
First Edition'' is removed.

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

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

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

0
9. In Sec.  172.101, in the Hazardous Materials Table, the entry for 
``Helium, compressed'' is revised to read as follows.
* * * * *

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

                                                                                          * * * * * * *
               Helium, compressed......       2.2   UN1046...........  ......  2.2...........  ..........       306        302   302, 314  75 kg.........  150 kg........  A.............   85

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

* * * * *

0
10. In Sec.  172.604, as amended October 19, 2009, at 74 FR 53422, 
effective November 18, 2009, and delayed until October 1, 2010, at 74 
FR 54489, October 22, 2009, paragraphs (b)(1) and (b)(2) are revised to 
read as follows:


Sec.  172.604  Emergency response telephone number.

* * * * *
    (b) * * *
    (1) The number of the person offering the hazardous material for 
transportation when that person is also the emergency response 
information provider (ERI provider). The name of

[[Page 53597]]

the person, or contract number or other unique identifier assigned by 
an ERI provider, identified with the emergency response telephone 
number must be entered on the shipping paper immediately before, after, 
above, or below the emergency response telephone number unless the name 
is entered elsewhere on the shipping paper in a prominent, readily 
identifiable, and clearly visible manner that allows the information to 
be easily and quickly found; or
    (2) The number of an agency or organization capable of, and 
accepting responsibility for, providing the detailed information 
required by paragraph (a)(2) of this section. The person who is 
registered with the ERI provider must ensure that the agency or 
organization has received current information on the material before it 
is offered for transportation. The person who is registered with the 
ERI provider must be identified by name, or contract number or other 
unique identifier assigned by the ERI provider, on the shipping paper 
immediately before, after, above, or below the emergency response 
telephone number in a prominent, readily identifiable, and clearly 
visible manner that allows the information to be easily and quickly 
found, unless the name or identifier is entered elsewhere in a 
prominent manner as provided in paragraph (b)(1) of this section.
* * * * *

0
11. In Sec.  172.800, paragraphs (b)(2), (7), and (9), as amended March 
9, 2010, at 75 FR 10988, effective October 1, 2010, are revised to read 
as follows:


Sec.  172.800  Purpose and applicability.

* * * * *
    (b) * * *
    (2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring 
placarding in accordance with subpart F of this part;
* * * * *
    (7) A quantity of desensitized explosives meeting the definition of 
Division 4.1 or Class 3 material requiring placarding in accordance 
with subpart F of this part;
* * * * *
    (9) A quantity of a Division 4.3 material requiring placarding in 
accordance with subpart F of this part;
* * * * *

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

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

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

0
13. In Sec.  173.27, paragraph (f) introductory text is revised to read 
as follows:


Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) Combination packaging. Unless otherwise specified in this part, 
or in Sec.  171.22 of this subchapter, when combination packaging are 
offered for transportation aboard aircraft, inner packaging must 
conform to the quantity limitations set forth in table 1 of this 
paragraph for transport aboard passenger-carrying aircraft and table 2 
of this paragraph for transport aboard cargo aircraft only, as follows:
* * * * *

0
14. In Sec.  173.171, the introductory text is revised to read as 
follows:


Sec.  173.171  Smokeless powder for small arms.

    Smokeless powder for small arms which has been classed in Division 
1.3 may be reclassed in Division 4.1, for domestic transportation by 
motor vehicle, rail car, vessel, or cargo-only aircraft, subject to the 
following conditions:
* * * * *


Sec.  173.314  [Amended]

0
15. In Sec.  173.314, in the table in paragraph (c), in column 1, the 
entries for ``Hydrogen Sulphide'' and ``Hydrogen sulphide, liquefied'' 
are removed and ``Hydrogen sulfide'' and ``Hydrogen sulfide, 
liquefied'' are added in their place; and in column 2 of the table, for 
the entry ``Chlorine'', the reference to ``Notes 6, 13'' is removed and 
the reference ``Note 6'' is added in its place.

PART 176--CARRIAGE BY VESSEL

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

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


Sec.  176.54  [Amended]

0
17. In Sec.  176.54, in paragraph (b)(1), the reference ``33 CFR 
126.15(c)'' is removed and the reference ``33 CFR 126.30'' is added.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
18. The authority citation for part 177 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.


0
19. In Sec.  177.843, paragraph (a) is revised to read as follows:


Sec.  177.843  Contamination of vehicles.

    (a) Each motor vehicle used for transporting Class 7 (radioactive) 
materials under exclusive use conditions in accordance with Sec.  
173.427(b)(4) or (c) or Sec.  173.443(c) of this subchapter must be 
surveyed with radiation detection instruments after each use. A vehicle 
may not be returned to service until the radiation dose rate at every 
accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less 
and the removable (non-fixed) radioactive surface contamination is not 
greater than the level prescribed in Sec.  173.443(a) of this 
subchapter.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
20. The authority citation for part 179 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.


0
21. In Appendix B to Part 179, paragraph 2. a. (1) is revised to read 
as follows:

Appendix B to Part 179, Procedures for Simulated Pool and Torch Fire 
Testing

* * * * *
    2. Simulated pool fire test.
    a. * * *
    (1) The source of the simulated pool fire must be hydrocarbon 
fuel with a flame temperature of 871 [deg]C (1600 [deg]F) plus-or-
minus 55.6 [deg]C (132.08 [deg]F), throughout the duration of the 
test.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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


0
23. In Sec.  180.205, paragraph (g)(6) is revised to read as follows:


Sec.  180.205  General requirements for requalification of 
specification cylinders.

* * * * *
    (g) * * *
    (6) Training materials may be used for training persons who 
requalify cylinders using the volumetric expansion test method.
* * * * *

0
24. In Sec.  180.213, paragraph (d)(2) is revised to read as follows:


Sec.  180.213  Requalification markings.

* * * * *
    (d) * * *
    (2) Exception. A cylinder subject to the requirements of Sec.  
171.23(a)(4) of this

[[Page 53598]]

subchapter may not be marked with a RIN.
* * * * *

    Issued in Washington, DC, on August 26, 2010 under authority 
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2010-21759 Filed 8-31-10; 8:45 am]
BILLING CODE 4910-60-P

