
[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56304-56318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23167]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 105, 106, 107, 130, 171, 172, 173, 174, 176, and 177

[Docket No. PHMSA-2011-0134 (HM-244D)]
RIN 2137-AE77


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: September 13, 2011.

FOR FURTHER INFORMATION CONTACT: Rob Benedict, Standards and Rulemaking 
Division, 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171-180) to identify typographical errors, outdated addresses or other 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, inadvertent omissions of information and 
outdated transition dates. Because these amendments do not impose new 
requirements, notice and public comment are unnecessary. By making 
these amendments effective without the customary 30-day delay following 
publication, the changes will appear in the next published revision of 
the 49 CFR.

II. Section-by-Section Review

    The following is a section-by-section summary of the minor 
editorial corrections and clarifications made in this final rule. 
PHMSA's Office of Hazardous Materials Safety (OHMS) recently underwent 
an internal reorganization of the divisions that constitute OHMS. As a 
result of this reorganization, there were several structural changes 
and re-designations. Therefore, in addition to the minor editorial 
corrections and clarifications made in this final rule, we are also 
revising all outdated references to divisions that underwent a change 
in name designation. Specifically, we are revising all outdated 
references to the ``Office of Hazardous Materials Standards'' and are 
replacing them with ``Standards and Rulemaking Division.'' We are 
revising all outdated references to the ``Office of Special Permits and 
Approvals'' and replacing them with ``Approvals and Permits Division.'' 
And we are revising all outdated references to the ``Office of 
Hazardous Materials Enforcement'' and replacing them with ``Field 
Operations.''

Part 105

Section 105.20
    This section specifies conditions and procedures for requesting 
guidance and interpretations of the HMR. In this section, we are 
revising an outdated reference to the ``Office of Hazardous Materials 
Standards'' and are replacing it with ``Standards and Rulemaking 
Division.'' This change reflects the name change resulting from PHMSA's 
reorganization.
Section 105.25
    This section specifies the requirement for PHMSA to make certain 
documents and information available to the public. In this section, we 
are revising an outdated reference to the ``Office of Special Permits 
and Approvals'' and replacing it with ``Approvals and Permits 
Division.'' This change reflects the name change resulting from PHMSA's 
reorganization.
Section 105.40
    This section specifies requirements for designated agents for non-
residents. In this section, we are revising an outdated reference to 
the ``Office of Special Permits and Approvals'' and replacing it with 
``Approvals and Permits Division.'' This change reflects the name 
change resulting from PHMSA's reorganization.

Part 106

Section 106.95
    This section specifies conditions and procedures to request a 
change to the regulations. In this section, we are revising an outdated 
reference to the ``Office of Hazardous Materials Standards'' and 
replacing it with ``Standards and Rulemaking Division.'' This change 
reflects the name change resulting from PHMSA's reorganization.

Part 107

Section 107.105
    This section specifies conditions and procedures for an application 
for a special permit. The e-mail address for the Approvals and Permits 
Division in paragraph (a)(1)(iii) is no longer correct. Accordingly, we 
are revising this e-mail address. Also, we are adding ``other ranking 
official'' to the language in paragraph (a)(2). This language was 
inadvertently omitted from the final rule published on July 26, 2011 
under Docket Number PHMSA-2009-0410 (HM-233B) (76 FR 44496) entitled 
``Revisions of Special Permits Procedures; Response to Appeals;

[[Page 56305]]

Corrections.'' This language was discussed and accepted in the preamble 
of that final rule, but was inadvertently omitted in the regulatory 
text.
Section 107.107
    This section specifies conditions and procedures for an application 
for party status to a special permit. The e-mail address for the 
Approvals and Permits Division in paragraph (b)(1)(iii) is no longer 
correct. Accordingly, we are revising this e-mail address.
Section 107.109
    This section specifies conditions and procedures for an application 
for a renewal of a special permit. The e-mail address for the Approvals 
and Permits Division in paragraph (b)(1)(iii) is no longer correct. 
Accordingly, we are revising this e-mail address.
Section 107.127
    This section specifies conditions for the availability of documents 
for public inspection. In paragraph (a), we are revising an outdated 
reference to the ``Office of Special Permits and Approvals'' and 
replacing it with ``Approvals and Permits Division.'' This change 
reflects the name change resulting from PHMSA's reorganization.
Section 107.305
    This section specifies the general requirements for investigations 
and inspections. In paragraph (b)(4), we are revising an outdated 
reference to the ``Office of Hazardous Materials Enforcement'' and 
replacing it with ``Field Operations.'' This change reflects the name 
change resulting from PHMSA's reorganization.
Section 107.608
    This section specifies the general registration requirements. As 
part of the registration process, persons meeting the applicability 
requirements of Sec.  107.601 must submit a DOT Form F 5800.2 to the 
Grants and Registrations Branch of the Outreach, Training and Grants 
Division of PHMSA. Paragraph (d) of this section provides information 
on how to obtain copies of DOT form F 5800.2. The branch routing 
symbol, phone number and the Web address for the grants and 
registration branch in paragraph (d) are no longer correct. 
Accordingly, we are revising the routing symbol, phone number and the 
Web address.
Section 107.616
    This section details the payment procedures for the registration 
program. Paragraph (a) of this section provides information on how to 
submit payments via mail or the internet. The mailing address and the 
Web address for the payments in paragraph (a) are no longer correct. 
Accordingly, we are revising the mailing and Web addresses.
Section 107.805
    On December 9, 2005, PHMSA published a final rule under Docket 
Number PHMSA-2005-22208 (HM-240) [70 FR 73156] entitled, 
``Incorporation of Statutorily Mandated Revisions to the Hazardous 
Materials Regulations.'' This final rule revised terminology, 
definitions, and requirements for consistency with the Hazardous 
Materials Safety and Security Reauthorization Act of 2005. As part of 
this final rule, paragraph (f) of Sec.  107.805 was revised and a 
transitional provision stating ``after May 31, 2004, no person may 
requalify a DOT specification or special permit cylinder in accordance 
with Sec.  180.209(g) of this chapter unless that person has been 
issued a RIN as provided in paragraph (d) of this section'' was added. 
In this final rule, we are removing the language ``after May 31, 2004'' 
since the transition date is no longer relevant.

Part 130

Section 130.31
    On June 17, 1996, the Research and Special Programs (RSPA), the 
predecessor agency to PHMSA, issued a final rule under Docket Numbers 
HM-214 and PC-1, entitled ``Oil Spill Prevention and Response Plans.'' 
This final rule adopted requirements for packaging, communication, 
spill response planning and response plan implementation intended to 
prevent and contain spills of oil during transportation. As part of 
this final rule, a new section, Sec.  130.31 was added to prescribe the 
requirements for oil spill response plans. This section contains 
transition dates which are no longer valid. In this final rule, we are 
removing the language ``After September 30, 1993'' from paragraph (a) 
and ``After February 19, 1993'' from paragraph (b) since the transition 
dates are no longer necessary.

Part 171

Part 171.7
    Paragraph (a) of Sec.  171.7 lists materials incorporated by 
reference into the HMR. In paragraph (a)(3), we are correcting the 
mailing address for the National Fire Protection Association.
Part 171.16
    This section contains the requirements for detailed hazardous 
materials incident reports. In paragraph (b), we are revising the 
mailing address, routing number and administration name.
Part 171.22
    This section prescribes the authorization and conditions for use of 
international standards and regulations. On May 3, 2007, PHMSA issued a 
final rule under Docket Number PHMSA-2005-23141 (HM-215F) [72 FR 
25162], entitled ``Hazardous Materials: Revision and Reformatting of 
Requirements for the Authorization to Use International Transport 
Standards and Regulations.'' This final rule revised and consolidated 
the requirements applicable to the use of authorized international 
standards. Among the proposals adopted in this final rule was the 
requirement for an international shipper, directly or through the 
forwarding agent at the place of entry, to provide the initial U.S. 
carrier with the shipper's certification required by Sec.  172.204 of 
the HMR, unless the shipment is otherwise excepted from the 
certification requirement. This section contains a transition date for 
this requirement which has since expired. In this final rule, we are 
removing the language ``After May 4, 2009'' from paragraph (f)(2) since 
the transition date is no longer necessary.
Section 171.23
    This section prescribes requirements for specific materials and 
packagings transported under the ICAO Technical Instructions, IMDG 
Code, Transport Canada TDG Regulations or the IAEA Regulations. In 
paragraph (a)(4)(ii), the word ``density'' is misspelled as ``ensity.'' 
In this rule, we are correcting this error.

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 accordance 
with Sec.  173.115(k)(6), when the contents of an aerosol are 
classified as Division 6.1, PG III or Class 8, PG II or III, the 
aerosol must be assigned a subsidiary hazard of Division 6.1 or Class 
8, as appropriate. Currently, the entry in the HMT for aerosols with a 
subsidiary hazard of corrosive is specified with the proper shipping 
name ``Aerosols, corrosive, Packing Group II or III, (each not 
exceeding 1 L capacity) UN1950.'' This proper shipping name limits this 
entry to PG II and III in accordance with Sec.  173.115(k)(6). To 
clarify that aerosols with a subsidiary hazard of poison may only be PG 
III, in this rule the entry in

[[Page 56306]]

the HMT for Aerosols, poison is revised to read Aerosols, poison, 
Packing Group III (each not exceeding 1 L capacity.) We are also 
revising the proper shipping name for Aerosols, poison, (each not 
exceeding 1 L capacity) to include a reference to the PG III limitation 
specified in Sec.  173.115(k)(6).
    Some of the information for the entry ``Argon, compressed UN1006'' 
in the HMT, while correct, was reported under incorrect columns of the 
HMT. In this final rule, we are revising the entry ``Argon, compressed 
UN1006'' by correcting the information reported in columns 5, 6, 7, 8a, 
8b, 8c, 9a, 9b, 10a and 10b.
    The entire entry for ``Helium, compressed UN 1046'' is italicized 
in the HMT. This is incorrect. In this final rule, we are revising the 
entry ``Helium, compressed UN1046'' to read ``Helium, compressed 
UN1046.''
    For the entry, ``Hydrogen iodide, anhydrous UN2197,'' some of the 
information in the HMT, while correct, was listed under the incorrect 
columns. In this final rule, we are revising the entry ``Hydrogen 
iodide, anhydrous UN2197'' by correcting the information reported in 
columns 5, 6, 7, 8a, 8b, 8c, 9a and 9b.
    For the entry, ``Oxidizing solid, water-reactive, n.o.s. UN3121,'' 
some of the information in the HMT, while correct, was listed under the 
incorrect columns. In this final rule, we are revising the entry 
``Oxidizing solid, water-reactive, n.o.s. UN3121'' by correcting the 
information reported in columns 5, 6, 7, 8a, 8b, 8c, 9a, 9b, 10a and 
10b.
    The entry for ``PCB, see Polychlorinated biphenyls'' inadvertently 
included an ``A'' and ``W'' in column 1 of the HMT. Polychlorinated 
biphenyls are intended to be regulated by all modes. In this final 
rule, we are revising the entry ``PCB, see Polychlorinated biphenyls'' 
by removing the information in the first column of the HMT for this 
entry.
    On March 9, 1999, PHMSA published a final rule under Docket Number 
RSPA 98-4185 (HM-215C) [64 FR 10742], entitled ``Harmonization with the 
United Nations Recommendations, International Maritime Dangerous Goods 
Code, and International Civil Aviation Organization's Technical 
Instructions.'' In the HM-215C final rule, three entries were added for 
``Pyrethroid pesticide, liquid toxic, 6.1, UN3352.'' These entries for 
Pyrethroid pesticide, liquid toxic, 6.1, UN3352 inadvertently 
referenced packagings designed for solids. In this final rule, we are 
correcting the authorized packaging references in columns 8B and 8C to 
reference packaging authorized for liquid hazardous materials to be 
consistent with the liquid state of this material.
    On December 29, 2006, PHMSA published a final rule under Docket 
Number PHMSA-2006-25476 (HM-215I) [71 FR 78596], entitled 
``Harmonization with the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions.'' The HM-215I final rule revised 
the 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. These revisions also harmonized the HMR with certain 
changes to the International Maritime Dangerous Goods (IMDG) Code, the 
International Civil Aviation Organization (ICAO) Technical 
Instructions, and the United Nations (UN) Recommendations. As part of 
the revisions in this final rule, new entries, ``Paint related 
material, flammable, corrosive (including paint thinning or reducing 
compound ),'' UN3469, PG I, II, and III were added to the HMT. However, 
these entries were never published in subsequent versions of the HMR. 
Therefore, in this final rule, we are correcting the HMT by adding the 
entries for ``Paint related material, flammable, corrosive (including 
paint thinning or reducing compound )'' UN3469, PG I, II, and III.
Section 172.301
    This section prescribes the general marking requirements for non-
bulk packagings. Paragraph (f) of this section contains a requirement 
to mark NON-ODORIZED on cylinders containing Liquid Petroleum Gases. 
This requirement was added to the regulations in the November 4, 2004 
final rule under Docket Number RSPA-03-15327 (HM-206B) [69 FR 64462] 
entitled ``Miscellaneous Changes to the Hazard Communication 
Requirements.'' As part of this requirement a transition date was 
included. In this final rule, we are removing the language ``After 
September 30, 2006,'' from paragraph (f) since the transition date is 
no longer relevant.
Section 172.323
    This section prescribes the requirements for marking a bulk 
packaging containing a regulated medical waste. Paragraph (a) of this 
section requires a bulk packaging to be marked with a BIOHAZARD marking 
conforming to 29 CFR 1910.1030(g)(1)(i). This requirement was codified 
into the regulations in a final rule published in the Federal Register 
on August 14, 2002, under Docket Number RSPA-98-3971 (HM-226) [67 FR 
53118], entitled ``Revision to Standards for Infectious Substances.'' A 
transition date was included as part of this requirement. In this final 
rule, we are removing the language ``after September 30, 2003,'' from 
paragraph (f) since the transition date is no longer relevant.
Section 172.400a
    This section provides exceptions from the labeling requirements for 
certain hazardous materials. In the final rule, published May 3, 2007, 
under Docket Number PHMSA-2005-23141 (HM-215F) [72 FR 25162], entitled 
``Revision and Reformatting of Requirements for the Authorization to 
Use International Transport Standards and Regulations,'' the exceptions 
for labeling were revised. As part of this revision, an incorrect 
section was inadvertently referenced for Poison by Inhalation (PIH) 
materials. Specifically, Sec.  172.400a(d) incorrectly references Sec.  
171.23(b)(11) which addresses radioactive materials, instead of PIH 
materials. Therefore, in this final rule, we are revising paragraph (d) 
to replace the reference to ``Sec.  171.23(b)(11)'' with a reference to 
``Sec.  171.23(b)(10).''
Section 172.402
    This section prescribes requirements for general specifications for 
labels. In this final rule, we are removing language from paragraph (b) 
that is past its transition date. Specifically, the sentence ``A 
subsidiary label meeting the specifications of this section which were 
in effect on September 30, 2001, such as, a label without the hazard 
class or division number displayed in the lower corner of the label, 
may continue to be used as a subsidiary label in domestic 
transportation by rail or highway until October 1, 2005, provided the 
color tolerances are maintained and are in accordance with the display 
requirements in this subchapter.'' will be removed because this 
allowance is no longer permitted.
Section 172.432
    This section prescribes requirements for INFECTIOUS SUBSTANCE 
label. As amended on July 20, 2011 in the final rule published under 
Docket Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled 
``Miscellaneous Amendments'' the INFECTIOUS SUBSTANCE label 
specification was

[[Page 56307]]

revised and a provision to use previously authorized labels was 
included. In this final rule PHMSA is removing the wording ``September 
30, 2011'' and adding the wording ``August 18, 2011'' in its place.
Section 172.446
    This section prescribes requirements for the CLASS 9 label. As 
amended on July 20, 2011 in the final rule published under Docket 
Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled 
``Miscellaneous Amendments'' the CLASS 9 label specification was 
updated and a provision to use previously authorized labels was 
included. In this final rule PHMSA is removing the wording ``September 
30, 2011'' and adding the wording ``August 18, 2011'' in its place.
Section 172.512
    This section prescribes requirements for placarding freight 
containers and aircraft unit load devices. In this final rule, we are 
re-designating the subparagraphs of paragraph (b) to clarify how 
freight containers and unit load devices are regulated differently by 
air transport and other modes. This clarification separates the 
requirements for freight containers and unit load devices with a 
capacity less than 18 m\3\ (640 cubic feet) transported by aircraft and 
by all other modes into separate subparagraphs.
Section 172.519
    This section prescribes requirements for general specifications for 
placards. In this final rule, we are removing language from paragraph 
(b)(4) that is past its transition date. Specifically, the sentence 
``Stocks of non-permanently affixed subsidiary placards in compliance 
with the requirements in effect on September 30, 2001, may continue to 
be used in domestic transportation by rail or highway until October 1, 
2005, or until current stocks are depleted, whichever occurs first.'' 
will be removed because this allowance is not longer permitted.
    A final rule published May 3, 2007 under Docket Number PHMSA-2005-
23141 (HM-215F) [72 FR 25162], entitled ``Revision and Reformatting of 
Requirements for the Authorization to Use International Transport 
Standards and Regulations,'' included an incorrect reference in Sec.  
172.519(f). In this rule, we are correcting Sec.  172.519(f) to provide 
the correct reference for Poison by Inhalation (PIH) materials. With 
regard to PIH materials, this section incorrectly references Sec.  
171.23(b)(11) which pertains to radioactive materials instead of PIH 
materials. Therefore, in this final rule we are revising paragraph (f) 
to replace the reference to ``Sec.  171.23(b)(11)'' with a reference to 
``Sec.  171.23(b)(10).''
Section 172.704
    This section prescribes the training requirements for hazardous 
materials employees. Paragraph (a)(4) of this section details the 
requirements for the security awareness training component of the 
training requirements. This requirement was codified into the 
regulations on March 25, 2003, in a final rule published in the Federal 
Register under Docket Number RSPA-2002-12064 (HM-232) [68 FR 14510], 
entitled ``Security Requirements for Offerors and Transporters of 
Hazardous Materials.'' As part of this requirement, a transition date 
of ``No later than the date of the first scheduled recurrent training 
after March 25, 2003, and in no case later than March 24, 2006'' was 
included. In this final rule, we are removing the transition language 
from paragraph (a)(4) since the transition dates are no longer 
relevant.
Section 172.800
    This section prescribes the requirements for development and 
implementation of plans to address security risks related to the 
transportation of hazardous materials in commerce. In this final rule, 
we are removing the second occurrence of the word ``as'' in paragraph 
(b)(15) to clarify that this requirement specifically refers to the 16 
radioactive materials that the NRC identified as RAM-QC.
Section 172.820
    This section specifies additional security planning requirements 
for transportation by rail. Paragraph (b) of Sec.  172.820 details the 
requirements for compiling commodity data for rail carriers 
transporting certain shipments of explosive, toxic by inhalation, and 
radioactive materials. As part of the implementation plan for this 
requirement, a transitional provision was included addressing how to 
compile commodity data. This transitional provision has expired. 
Therefore, in this rulemaking, we are removing the transitional 
language from paragraph (b).
    Paragraph (f) of this section details the requirements for 
completing the route analysis for rail carriers transporting certain 
shipments of explosive, toxic by inhalation, and radioactive materials. 
As part of the implementation plan for this requirement, a series of 
transition dates were included regarding the completion of the route 
analysis. These transition dates have expired. Therefore, in this 
rulemaking, we are removing the transitional language from paragraph 
(f).

Part 173

Section 173.8
    This section provides exceptions for non-specification packagings 
used in intrastate transportation. Paragraph (d)(6) of Sec.  173.8, 
includes a transition date to require that tanks authorized under Sec.  
173.8 would have to meet the Part 180 requirements (except for Sec.  
180.405(g)) in the same manner as required for DOT MC 306 cargo tank 
motor vehicles after of July 1, 2000. In this final rule, we are 
removing this transition date because it has expired.
Section 173.12
    This section provides exceptions for shipments of waste materials, 
and contains two separate paragraphs with the designation ``(f).'' The 
second appearance of paragraph (f), entitled ``Household waste'' is a 
verbatim duplicate of paragraph (g), and, thus, unnecessary. Therefore, 
in this rulemaking, we are removing the second paragraph (f) entitled 
``Household waste'' and the associated text.
Section 173.22a
    This section prescribes the requirements for use of packagings 
authorized under special permits. The Web address where copies of 
special permits may be obtained in paragraph (b) is no longer correct. 
Accordingly, we are revising this Web address in this final rule.
Section 173.24b
    This section prescribes the additional general requirements for 
bulk packagings. In paragraph (e) of this section, the phrase 
``Stacking of IBCs and Large Packagings'' is the title of paragraph (e) 
and should be italicized. In this final rule we are correcting this 
error by italicizing the title.
Section 173.52
    This section details the classification codes and compatibility 
groups for explosives. Paragraph (b) of this section provides two 
tables that detail the classification and compatibility scheme for 
explosive materials. Table 2 shows the number of classification codes 
that are possible within each explosive division. In the first column 
of the last row, ``1.6'' was inadvertently added, leading to some 
confusion with the Table. For clarification, in this rule, ``1.6'' will 
be replaced by the word ``Total'' in the first column of the last row 
to ensure reader ease of use.

[[Page 56308]]

Section 173.57
    This section prescribes the acceptance criteria for new explosives. 
In paragraph (c)(1) of this section we are correcting a grammatical 
error by adding the correct punctuation.
Section 173.58
    This section prescribes the assignment of class and division for 
new explosives. In paragraph (b) of this section, the phrase ``Division 
1.5 explosive'' is the title of paragraph (b) and should be italicized. 
In this final rule, we will correct this error by italicizing the 
title.
Section 173.62
    This section prescribes the specific packaging requirements for 
explosives. In packaging instruction 130, we inadvertently removed the 
authorization for the use of the following packagings--aluminum boxes 
(4B) and natural wood, sift-proof walls boxes (4C2). In this final 
rule, we are revising the packaging instruction 130 found in the Table 
of Packing Methods in paragraph (c)(5) to reinstate aluminum boxes (4B) 
and natural wood, sift-proof walls boxes (4C2) as authorized 
packagings.
    In addition, in packaging instruction 132(a) the word ``contian'' 
is spelled incorrectly. In this final rule we are correcting the 
spelling.
Section 173.115
    This section prescribes the definition for Class 2 materials. 
Paragraph (a)(2) describes the flammable range of compressed gases and 
states that the flammability of aerosols is determined by tests 
specified in Sec.  173.115(k). This reference is incorrect. The correct 
reference should be Sec.  173.115 (l). Therefore, in paragraph (a)(2), 
the reference to ``Sec.  173.115(k)'' is corrected to read ``Sec.  
173.115(l).''
    In addition, paragraph (l)(3) states ``Aerosols not meeting the 
provisions of paragraphs (a) or (b) of this section must be classed in 
accordance with the appropriate tests of the UN Manual of Tests and 
Criteria (IBR, see Sec.  171.7 of this subchapter).'' The requirements 
for classification of aerosols are found in paragraph (l)(1) and 
(l)(2); thus, the references to paragraphs (a) and (b) are no longer 
accurate. Therefore, in paragraph (l)(3), the reference to paragraphs 
``(a) or (b)'' are corrected to read ``(l)(1) or (l)(2).''
Section 173.120
    This section prescribes the definition for Class 3 materials. In 
paragraph (d), the current requirements inadvertently reference 
incorrect parts of the subchapter. Therefore, in this final rule, we 
are revising the wording ``requirements of parts 170-189 of this 
subchapter.'' to correctly read ``requirements of parts 171-185 of this 
subchapter.''
Section 173.168
    This section prescribes requirements for chemical oxygen generators 
including their packaging requirements. In this rulemaking, we are 
removing an outdated transition date specific to the implementation of 
the requirements for outer packaging of chemical oxygen generators to 
meet flame penetration and thermal resistance requirements when 
transported aboard an aircraft. Specifically, we are revising paragraph 
(d)(2) by removing the language ``After September 30, 2009'' since the 
transitional provision is no longer relevant and all chemical oxygen 
generators must meet flame penetration and thermal resistance 
requirements when transported aboard an aircraft.
Section 173.301
    This section prescribes general requirements for shipment of 
compressed gases and other hazardous materials in cylinders, UN 
pressure receptacles and spherical vessels. Paragraph (f) prescribes 
the requirements for pressure relief devices. In this final rule, we 
are revising paragraph (f)(2) by removing the outdated transitional 
language ``After December 31, 2003'' since this transitional provision 
is no longer relevant.
    In addition, in this section the last paragraph is inadvertently 
designated at paragraph (o). In this final rule, we are correcting 
paragraph (o) to read paragraph (l). The title and text of the 
paragraph remains unchanged.
Section 173.301a
    This section prescribes additional general requirements for 
shipment of specification cylinders. Paragraph (d) describes the 
pressure requirements for filling of cylinders at 55[deg] C (131[deg] 
F). In this final rule, we are revising paragraph (d)(3) by removing 
the outdated transitional language ``after December 31, 2003'' since 
this transitional provision is no longer relevant.
Section 173.302
    This section prescribes the requirements for the filling of 
cylinders with non-liquefied compressed gas. Compressed oxygen and 
oxidizing gas transported by aircraft are required to be placed in 
outer packagings that meet flame penetration and thermal resistance 
requirements when transported aboard an aircraft. In this rulemaking, 
we are removing all references to outdated transitional dates specific 
to the implementation of the requirements for the outer packaging 
containing a chemical oxygen generator. Specifically, we are revising 
paragraphs (f)(3)(ii) and (f)(4) by removing the language ``After 
September 30, 2009'' since the transitional provision is no longer 
relevant.
Section 173.304
    This section prescribes the requirements for the filling of 
cylinders with liquefied compressed gas. As described above, oxidizing 
gas transported by aircraft are required to be placed in outer 
packagings that meet flame penetration and thermal resistance 
requirements when transported aboard an aircraft. In this rulemaking, 
we are removing all references to outdated transition dates specific to 
the implementation of the requirements for the outer packaging 
containing a oxidizing gas transported by aircraft. Specifically, we 
are revising paragraphs (f)(3)(ii) and (f)(4) by removing the language 
``After September 30, 2009'' since the transitional provision is no 
longer relevant.
Section 173.306
    Section 173.306 prescribes the requirements for the shipment of 
limited quantities of compressed gases. Specifically, paragraph (a)(3) 
details the requirements for metal aerosol containers. As part of these 
requirements, each container must be subjected to a test performed in a 
hot water bath. The intention of this requirement is that the 
containers are placed in the hot water bath after they are filled with 
a nonpoisonous (other than a Division 6.1 Packing Group III material) 
liquid, paste or powder. PHMSA recognizes that as currently written, 
the requirement does not clearly state when the hot water bath must be 
conducted. Therefore, in this rulemaking, we are clarifying this 
requirement to specify that the hot water bath must be conducted after 
each container is filled.

Part 174

Section 174.104
    This section prescribes the general requirements for car selection, 
preparation, inspection, and certification of rail cars containing 
Division 1.1 or 1.2 (explosive) materials. We are revising paragraph 
(f) to remove note 3, a reference to a transitional

[[Page 56309]]

provision, which expired on July 1, 1977 and is no longer needed.

Part 176

Section 176.77
    This section prescribes requirements for the stowage of barges 
containing hazardous materials on board barge-carrying vessels. In this 
rulemaking, we are removing the word ``storage'' in paragraph (c), and 
replacing it with ``stowage'' to maintain consistency with the other 
paragraphs in this section.
Section 176.137
    This section prescribes the portable magazine requirements for 
explosives shipped by vessel. In this rulemaking, we are correcting a 
typographical error in paragraph (b). Specifically, the text ``27 CFR 
part 55 subpart K'' will be corrected to read ``27 CFR part 555 subpart 
K.''

Part 177

Section 177.834
    This section prescribes the general requirements loading and 
unloading of motor vehicles. We are revising paragraph (o)(3) to remove 
a reference to a transitional provision which expired on October 1, 
2004 and is no longer relevant. In addition, we are removing paragraph 
(o)(4) because it also references to a transitional provision which 
expired on October 1, 2004 and is also no longer necessary.
Section 177.835
    This section prescribes the requirements for shipment of Class 1 
materials by ground. In paragraph (g)(3), the wording ``Department.'' 
is removed and the wording ``Associate Administrator.'' is added to 
provide more consistency throughout the HMR. In paragraph (g)(3)(ii), 
the wording ``Institute of Makers of Explosives' Safety Library 
Publication No. 22'' is removed and the wording ``IME Standard 22'' is 
added in its place to be consistent with other references to the same 
standard in the HMR.
Section 177.840
    This section prescribes the general requirements for transporting 
Class 2 materials via highway. We are revising paragraph (a)(1) to 
remove a reference to a transitional provision which expired on 
December 31, 2003 and is no longer relevant. In addition, we are 
removing language in paragraph (u) because it references to a 
transitional provision which expired on July 1, 2001 and is also no 
longer needed.
Section 177.848
    This section prescribes the segregation requirements of hazardous 
materials. In paragraph (g)(3)(vi) we are replacing the wording 
``Vehicle'' with the wording ``Transport vehicle.'' This change 
codifies into the regulations numerous long standing letters of 
interpretation regarding the terminology used in paragraph (g)(3)(vi).

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, incorrect 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

    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. Executive Order 13563 Improving Regulation and Regulatory Review

    Executive Order 13563 is supplemental to and reaffirms the 
principles, structures, and definitions governing regulatory review 
that were established in Executive Order 12866 Regulatory Planning and 
Review of September 30, 1993. In addition, Executive Order 13563 
specifically requires agencies to: (1) Involve the public in the 
regulatory process; (2) promote simplification and harmonization 
through interagency coordination; (3) identify and consider regulatory 
approaches that reduce burden and maintain flexibility; (4) ensure the 
objectivity of any scientific or technological information used to 
support regulatory action; consider how to best promote retrospective 
analysis to modify, streamline, expand, or repeal existing rules that 
are outmoded, ineffective, insufficient, or excessively burdensome.
    A complete review of the existing HMR led to the identification of 
various minor errors in the HMR. The errors identified have no effect 
on the intent or meaning of the regulations. The correction of these 
errors will clarify current text while maintaining the intent of the 
regulations affected. This final rule is designed to address those 
errors by making non-substantive changes to the HMR such as editorial 
changes, spelling corrections, removal of transitional requirements 
that are no

[[Page 56310]]

longer applicable and formatting modifications. This final rule 
corrects these errors but does not require the application of Executive 
Order 13563. The final rule does however clarify the regulatory text 
thus improving the regulations.

G. 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.

H. Paperwork Reduction Act

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

I. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

J. 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 105

    Administrative practice and procedure, Hazardous materials 
transportation.

49 CFR Part 106

    Administrative practice and procedure, Hazardous materials 
transportation.

49 CFR Part 107

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

49 CFR Part 130

    Oil pollution, Packaging and containers, Reporting and 
recordkeeping requirements, Transportation.

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, Radioactive materials, Rail 
carriers, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 176

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

49 CFR Part 177

    Hazardous materials transportation, Loading and Unloading, 
Segregation and Separation.

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

PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITONS AND GENERAL 
PROCEDURES

0
1. The authority citation for part 105 continues to read as follows:

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


Sec.  105.20  [Amended]

0
2. In Sec.  105.20, in paragraph (a)(4), the wording ``Office of 
Hazardous Materials Standards'' is removed and the wording ``Standards 
and Rulemaking Division'' is added in its place.


Sec.  105.25  [Amended]

0
3. In Sec.  105.25, in paragraph (b)(2)(iv), the wording ``Office of 
Hazardous Materials Special Permits and Approvals'' is removed and the 
wording ``Approvals and Permits Division'' is added in its place.


Sec.  105.40  [Amended]

0
4. In Sec.  105.40, in paragraph (d), the wording ``Office of Hazardous 
Materials Special Permits and Approvals'' is removed and the wording 
``Approvals and Permits Division'' is added in its place.

PART 106--RULEMAKING PROCEDURES

0
5. The authority citation for part 106 continues to read as follows:

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


Sec.  106.95  [Amended]

0
6. In Sec.  106.95, in paragraph (a), the wording ``Office of Hazardous 
Materials Standards'' is removed and the wording ``Standards and 
Rulemaking Division'' is added in its place.

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
7. The authority citation for part 107 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
8. In Sec.  107.105, in paragraph (a)(1)(iii), the wording 
``Specialpermits@dot.gov'' is removed and the wording 
``specialpermits@dot.gov'' is added in its place, and paragraph (a)(2) 
is revised to read as follows.


Sec.  107.105  Application for Special Permit

    (a) * * *
    (2) The application must state the name, mailing address, physical 
address(es) of all known locations where the special permit would be 
used, e-mail address (if available), and telephone number of the 
applicant. If the applicant is not an individual, the application must 
state the company name, mailing address, physical address(es) of all 
known locations where the special permit would be used, e-mail address 
(if available), and telephone number of an individual designated as the 
point of contact for the applicant for all purposes related to the 
application, the name of the company Chief Executive Officer (CEO) or 
president, or ranking officer; and the Dun and Bradstreet Data 
Universal Numbering System (D-U-N-S) identifier.
* * * * *


Sec.  107.107  [Amended]

0
9. In Sec.  107.107, in paragraph (b)(1)(iii), the wording 
``Specialpermits@dot.gov'' is removed and the wording 
``specialpermits@dot.gov'' is added in its place.


Sec.  107.109  [Amended]

0
10. In Sec.  107.109, in paragraph (a)(1)(iii), the wording 
``Specialpermits@dot.gov'' is removed and the wording 
``specialpermits@dot.gov'' is added in its place.


Sec.  107.127  [Amended]

0
11. In Sec.  107.127, in paragraph (a), the wording ``Office of 
Hazardous Materials

[[Page 56311]]

Special Permits and Approvals'' is removed and the wording ``Approvals 
and Permits Division'' is added in its place.


Sec.  107.305  [Amended]

0
12. In Sec.  107.305, in paragraph (b)(4), the wording ``Office of 
Hazardous Materials Enforcement'' is removed and the wording ``Field 
Operations'' is added in its place.

0
13. In Sec.  107.608, paragraph (d) is revised to read as follows.


Sec.  107.608  General registration requirements.

* * * * *
    (d) Copies of DOT Form F 5800.2 and instructions for its completion 
may be obtained from the Outreach, Training and Grants Division, PHH-
50, U.S. Department of Transportation, Washington, DC 20590-0001, by 
calling 202-366-4109, or via the Internet at http://phmsa.dot.gov/hazmat/registration.
* * * * *

0
14. In Sec.  107.616, paragraph (a) is revised to read as follows.


Sec.  107.616  General registration requirements.

    (a) Each person subject to the requirements of this subpart must 
mail the registration statement and payment in full to the U.S. 
Department of Transportation, Hazardous Materials Registration, P.O. 
Box 530273, Atlanta, GA 30353-0273, or submit the statement and payment 
electronically through the Department's e-Commerce Internet site. 
Access to this service is provided at http://phmsa.dot.gov/hazmat/registration. A registrant required to file an amended registration 
statement under Sec.  107.608(c) must mail it to the same address or 
submit it through the same Internet site.
* * * * *

0
15. In Sec.  107.805, in paragraph (f), the last sentence is revised to 
read as follows.


Sec.  107.805  Approval of cylinder and pressure receptacle 
requalifiers.

* * * * *
    (f) * * * No person may requalify a DOT specification/special 
permit cylinder in accordance with Sec.  180.209(g) of this chapter 
unless that person has been issued a RIN as provided in paragraph (d) 
of this section.
* * * * *

PART 130--OIL SPILL PREVENTION AND RESPONSE PLANS

0
16. The authority citation for part 130 continues to read as follows:

    Authority:  33 U.S.C 1321; 49 CFR 1.53.

Sec.  130.31  [Amended]

0
17. In Sec.  130.31, paragraphs (a) introductory text and (b) 
introductory text are revised to read as follows.


Sec.  130.31  Response plans.

    (a) No person may transport oil subject to this part unless that 
person has a current basic written plan that:
* * * * *
    (b) No person may transport an oil subject to this part in a 
quantity greater than 1,000 barrels (42,000 gallons) unless that person 
has a current comprehensive written plan that:
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
18. 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
19. In Sec.  171.7, in the table, in paragraph (a)(3), in the first 
column, the entry for ``National Fire Protection Association'' is 
revised to read as follows:.


Sec.  171.7  Reference material.

    (a) * * *
    (3) * * *

------------------------------------------------------------------------
     Source and name of material               49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
National Fire Protection
 Association, 1 Batterymarch Park,
 Quincy, MA, 02169-7471 1-617-770-
 3000, http://www.nfpa.org:
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
20. In Sec.  171.16, paragraph (b)(1) is revised to read as follows:


Sec.  171.16  Detailed hazardous materials incident reports.

* * * * *
    (b) * * *
    (1) Submit a written Hazardous Materials Incident Report to the 
Information Systems Manager, PHH-60, Pipeline and Hazardous Materials 
Safety Administration, Department of Transportation, East Building, 
1200 New Jersey Ave., SE., Washington, DC 20590-0001, or an electronic 
Hazardous Material Incident Report to the Information System Manager, 
PHH-60, Pipeline and Hazardous Materials Safety Administration, 
Department of Transportation, Washington, DC 20590-0001 at http://hazmat.dot.gov;
* * * * *

0
21. In Sec.  171.22, paragraph (f)(2) is revised to read as follows:


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

* * * * *
    (f) * * *
    (2) The shipper, directly or through the forwarding agent at the 
place of entry, must provide the initial U.S. carrier with the 
shipper's certification required by Sec.  172.204 of this subchapter, 
unless the shipment is otherwise excepted from the certification 
requirement. Except for shipments for which the certification 
requirement does not apply, a carrier may not accept a hazardous 
material for transportation unless provided a shipper's certification.
* * * * *

0
22. In Sec.  171.23, paragraph (a)(4)(ii) is revised to read as 
follows:


Sec.  171.23  Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (a) * * *
    (4) * * *
    (ii) In addition to other requirements of this subchapter, the 
maximum filling density, service pressure, and pressure relief drive 
for each cylinder conform to the requirements of this part for the gas 
involved; and
* * * * *

[[Page 56312]]

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

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

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


0
24. In Sec.  172.101, in the Hazardous Materials Table, the following 
entries under ``[REVISE]'' are revised and the entry under ``[ADD]'' is 
added to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 56313]]



                                                                                                Sec.   172.101--HAZARDOUS MATERIALS TABLE
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                (8)  Packaging (Sec.   173.***)          (9)  Quantity limitations (see        (10)  Vessel stowage
                 Hazardous mate-     Hazard                                                                            ------------------------------------------------  Sec.  Sec.   173.27 and 175.75) -------------------------------
   Symbols     rials descriptions   class or     Identification         PG          Label Codes     Special provisions                                                 ----------------------------------
                 and proper ship-   division        numbers                                          (Sec.   172.102)     Exceptions       Non-bulk          Bulk          Passenger        Cargo air-       Location          Other
                   ping names                                                                                                                                            aircraft/rail      craft only
(1)            (2)...............         (3)  (4)..............  (5)..........  (6)..............  (7)...............  (8A)..........  (8B)..........  (8C)..........  (9A)...........  (9B)...........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REVISE]
 
                                                                                                              * * * * * * *
               Aerosols, poison,          2.2  UN1950...........  .............  2.2, 6.1.........  ..................  306...........  None..........  None..........  Forbidden......  Forbidden......  A.............  48, 87, 126
                Packing Group III
                (each not
                exceeding 1 L
                capacity).
 
                                                                                                              * * * * * * *
               Argon, compressed.         2.2  UN1006...........  .............  2.2..............  ..................  306, 307......  302...........  314, 315......  75 kg..........  150 kg.........  A.............  ..............
 
                                                                                                              * * * * * * *
               Helium, compressed         2.2  UN1046...........  .............  2.2..............  ..................  306...........  302...........  302, 314......  75 kg..........  150 kg.........  A.............  85
 
                                                                                                              * * * * * * *
               Hydrogen iodide,           2.3  UN2197...........  .............  2.3, 8...........  3, B14, N86, N89..  None..........  304...........  314, 315......  Forbidden......  Forbidden......  D.............  40
                anhydrous.
 
                                                                                                              * * * * * * *
G............  Oxidizing solid,           5.1  UN3121...........  .............  5.1, 4.3.........  62................  None..........  214...........  214...........  Forbidden......  Forbidden......  ..............  ..............
                water reactive,
                n.o.s..
 
                                                                                                              * * * * * * *
               PCB, see
                Polychlorinated
                biphenyls.
 
                                                                                                              * * * * * * *
               Pyrethroid                 6.1  UN3352...........  I............  6.1..............  T14, TP2, TP13,     None..........  201...........  243...........  1 L............  30 L...........  B.............  40
                pesticide, liquid                                                                    TP27.
                toxic.
 
                                                                                                              * * * * * * *
                                                                  II...........  6.1..............  IB2, T11, TP2,      153...........  202...........  243...........  5L.............  60L............  B.............  40
                                                                                                     TP27.
                                                                  III..........  6.1..............  IB3, T7, TP2, TP28  153...........  203...........  241...........  60L............  220L...........  A.............  40
 
                                                                                                              * * * * * * *
               [ADD]:
 
                                                                                                              * * * * * * *
               Paint related                3  UN3469...........  I............  3, 8.............  T11, TP2, TP27....  None..........  201...........  243...........  0.5 L..........  2.5 L..........  E.............  40
                material,
                flammable,
                corrosive
                (including paint
                thinning or
                reducing
                compound).
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 56314]]


0
25. In Sec.  172.301, paragraph (f) is revised to read as follows:


Sec.  172.301  General marking requirements for non-bulk packagings.

* * * * *
    (f) NON-ODORIZED marking on cylinders containing LPG. No person may 
offer for transportation or transport a specification cylinder, except 
a Specification 2P or 2Q container or a Specification 39 cylinder, that 
contains an unodorized Liquefied petroleum gas (LPG) unless it is 
legibly marked NON-ODORIZED or NOT ODORIZED in letters not less than 
6.3 mm (0.25 inches) in height near the marked proper shipping name 
required by paragraph (a) of this section.

0
26. In Sec.  172.323, paragraph (a) introductory text is revised to 
read as follows:


Sec.  172.323  Infectious substances.

    (a) In addition to other requirements of this subpart, a bulk 
packaging containing a regulated medical waste, as defined in Sec.  
173.134(a)(5) of this subchapter, must be marked with a BIOHAZARD 
marking conforming to 29 CFR 1910.1030(g)(1)(i)--
* * * * *

0
27. In Sec.  172.400a, paragraph (d) is revised to read as follows:


Sec.  172.400a  Exceptions from labeling.

* * * * *
    (d) A package containing a material poisonous by inhalation (see 
Sec.  171.8 of this subchapter) in a closed transport vehicle or 
freight container may be excepted from the POISON INHALATION HAZARD or 
POISON GAS label or placard, under the conditions set forth in Sec.  
171.23(b)(10) of this subchapter.

0
28. In Sec.  172.402, paragraph (b) is revised to read as follows:


Sec.  172.402  Additional labeling requirements.

* * * * *
    (b) Display of hazard class on labels. The appropriate hazard class 
or division number must be displayed in the lower corner of a primary 
hazard label and a subsidiary hazard label.
* * * * *


Sec.  172.432  [Amended]

0
29. In Sec.  172.432, in paragraph (c) the wording ``September 30, 
2011'' is removed and the wording ``August 18, 2011'' is added in its 
place.


Sec.  172.446  [Amended]

0
30. In Sec.  172.446, in paragraph (c) the wording ``September 30, 
2011'' is removed and the wording ``August 18, 2011'' is added in its 
place.
0
31. In Sec.  172.512, paragraph (b) is revised to read as follows:


Sec.  172.512  Freight containers and aircraft unit load devices.

* * * * *
    (b) Capacity less than 18 m 3 (640 cubic feet). (1) Each person who 
offers for transportation by air, and each person who loads and 
transports by air, a hazardous material in a freight container or 
aircraft unit load device having a capacity of less than 18 m\3\ (640 
cubic feet) shall affix one placard of the type specified by paragraph 
(a) of this section unless the freight container or aircraft unit load 
device:
    (i) Is labeled in accordance with subpart E of this part, including 
Sec.  172.406(e);
    (ii) Contains radioactive materials requiring the Radioactive 
Yellow III label and is placarded with one Radioactive placard and is 
labeled in accordance with subpart E of this part, including Sec.  
172.406(e); or,
    (iii) Is identified as containing a hazardous material in the 
manner provided in part 7, chapter 2, section 2.7, of the ICAO 
Technical Instructions.
    (2) When hazardous materials are offered for transportation, not 
involving air transportation, in a freight container having a capacity 
of less than 640 cubic feet the freight container need not be 
placarded. However, if not placarded, it must be labeled in accordance 
with subpart E of this part.
* * * * *

0
32. In Sec.  172.519, paragraph (b)(4) and the last sentence in 
paragraph (f) are revised to read as follows:


Sec.  172.519  General specifications for placards.

* * * * *
    (b) * * *
    (4) For a placard corresponding to the primary or subsidiary hazard 
class of a material, the hazard class or division number must be 
displayed in the lower corner of the placard. However, a permanently 
affixed subsidiary placard meeting the specifications of this section 
which were in effect on October 1, 2001, (such as, a placard without 
the hazard class or division number displayed in the lower corner of 
the placard) and which was installed prior to September 30, 2001, may 
continue to be used as a subsidiary placard in domestic transportation 
by rail or highway, provided the color tolerances are maintained and 
are in accordance with the display requirements in this subchapter.
* * * * *
    (f) * * * However, a bulk packaging, transport vehicle, or freight 
container containing a material poisonous by inhalation (see Sec.  
171.8 of this subchapter) must be placarded in accordance with this 
subpart (see Sec.  171.23(b)(10) of this subchapter).
* * * * *

0
33. In Sec.  172.704, paragraph (a)(4) is revised to read as follows:


Sec.  172.704  Training requirements.

    (a) * * *
    (4) Security awareness training. Each hazmat employee must receive 
training that provides an awareness of security risks associated with 
hazardous materials transportation and methods designed to enhance 
transportation security. This training must also include a component 
covering how to recognize and respond to possible security threats. New 
hazmat employees must receive the security awareness training required 
by this paragraph within 90 days after employment.
* * * * *

0
34. In Sec.  172.800, paragraph (b)(15) is revised to read as follows:


Sec.  172.800  Purpose and applicability.

* * * * *
    (b) * * *
    (15) International Atomic Energy Agency (IAEA) Code of Conduct 
Category 1 and 2 materials including Highway Route Controlled 
quantities as defined in 49 CFR 173.403 or known radionuclides in forms 
listed as RAM-QC by the Nuclear Regulatory Commission;
* * * * *

0
35. In Sec.  172.820, paragraphs (b) introductory text and (f) are 
revised to read as follows:


Sec.  172.820  Additional planning requirements for transportation by 
rail.

* * * * *
    (b) Not later than 90 days after the end of each calendar year, a 
rail carrier must compile commodity data for the previous calendar year 
for the materials listed in paragraph (a) of this section. The 
following stipulations apply to data collected:
* * * * *
    (f) Completion of route analysis. (1) The rail transportation route 
analysis, alternative route analysis, and route selection process 
required under paragraphs (c), (d), and (e) of this section must be 
completed no later than the end of the calendar year following the year 
to which the analyses apply.
    (2) The initial analysis and route selection determinations 
required under paragraphs (c), (d), and (e) of this

[[Page 56315]]

section must include a comprehensive review of the entire system. 
Subsequent analyses and route selection determinations required under 
paragraphs (c), (d), and (e) of this section must include a 
comprehensive, system-wide review of all operational changes, 
infrastructure modifications, traffic adjustments, changes in the 
nature of high-consequence targets located along, or in proximity to, 
the route, and any other changes affecting the safety or security of 
the movements of the materials specified in paragraph (a) of this 
section that were implemented during the calendar year.
    (3) A rail carrier need not perform a rail transportation route 
analysis, alternative route analysis, or route selection process for 
any hazardous material other than the materials specified in paragraph 
(a) of this section.
* * * * *

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

0
36. 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
37. In Sec.  173.8, paragraph (d)(6) is revised to read as follows:


Sec.  173.8  Exceptions for non-specification packagings used in 
intrastate transportation.

* * * * *
    (d) * * *
    (6) For a tank authorized under paragraph (b) or (c) of this 
section, conform to all requirements in part 180 (except for Sec.  
180.405(g)) of this subchapter in the same manner as required for a DOT 
specification MC 306 cargo tank motor vehicle.


Sec.  173.12  [Amended]

0
38. In Sec.  173.12, the second paragraph (f) immediately following 
paragraph (g) is removed.


Sec.  173.22a  [Amended]

0
39. In Sec.  173.22a, in paragraph (b), the Web site address ``http://
hazmat.dot.gov/specialpermits--index.htm'' is removed and the Web site 
address ``http://www.phmsa.dot.gov/hazmat/regs/sp-a'' is added in its 
place.

0
40. In 173.24b, the heading of paragraph (e) is revised to read as 
follows:


Sec.  173.24b  Additional general requirements for bulk packagings.

* * * * *
    (e) Stacking of IBCs and Large Packagings. * * *
* * * * *

0
41. In Sec.  173.52, in paragraph (b), table 2 is revised to read as 
follows:


Sec.  173.52  Classification codes and compatibility groups of 
explosives.

* * * * *
    (b) * * *

                                                                                    Table 2--Scheme of Classification of Explosives, Combination of Hazard Division with Compatibility Group
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                              Compatibility group
       Hazard division        --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       A                 B                 C                 D                 E                F                G                H                J                K                L                N                S               A-S
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1.1..........................  1.1A............  1.1B............  1.1C............  1.1D............  1.1E............  1.1F...........  1.1G...........  ...............  1.1J...........  ...............  1.1L...........  ...............  ...............  9
1.2..........................  ................  1.2B............  1.2C............  1.2D............  1.2E............  1.2F...........  1.2G...........  1.2H...........  1.2J...........  1.2K...........  1.2L...........  ...............  ...............  10
1.3..........................  ................  ................  1.3C............  ................  ................  1.3F...........  1.3G...........  1.3H...........  1.3J...........  1.3K...........  1.3L...........  ...............  ...............  7
1.4..........................  ................  1.4B............  1.4C............  1.4D............  1.4E............  1.4F...........  1.4G...........  ...............  ...............  ...............  ...............  ...............  1.4S...........  7
1.5..........................  ................  ................  ................  1.5D............  ................  ...............  ...............  ...............  ...............  ...............  ...............  ...............  ...............  1
1.6..........................  ................  ................  ................  ................  ................  ...............  ...............  ...............  ...............  ...............  ...............  1.6N...........  ...............  1
                              --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total....................  1...............  3...............  4...............  4...............  3...............  4..............  4..............  2..............  3..............  2..............  3..............  1..............  1..............  35
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


0
42. In Sec.  173.57, paragraph (c)(1) is revised to read as follows:


Sec.  173.57  Acceptance criteria for new explosives.

* * * * *
    (c) * * *
    (1) It does not have, when uniformly mixed with the absorbent 
material, a satisfactory antacid in a quantity sufficient to have the 
acid neutralizing power of an amount of magnesium carbonate equal to 
one percent of the nitroglycerin or other liquid explosive ingredient;
* * * * *

0
43. In Sec.  173.58, the heading of paragraph (b) is revised to read as 
follows:


Sec.  173.58  Assignment of class and division for new explosives.

* * * * *
    (b) Division 1.5 explosive. * * *
* * * * *

0
44. In Sec.  173.62, in paragraph (c)(5), in the Table of Packing 
Methods, Packing Instructions 130 and 132(a) are revised to read as 
follows:


Sec.  173.62  Specific packaging requirements for explosives.

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

                                                                Table of Packing Methods
--------------------------------------------------------------------------------------------------------------------------------------------------------
      Packaging instruction               Inner  packagings           Intermediate  packagings                        Outer packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
130..............................  Not necessary.................  Not necessary................  Boxes.

[[Page 56316]]

 
Particular Packaging                                                                              Steel (4A).
 Requirements: The following                                                                      Aluminum (4B).
 applies to UN 0006, 0009, 0010,                                                                  Wood natural, ordinary (4C1).
 0015, 0016, 0018, 0019, 0034,                                                                    Wood natural, sift-proof walls (4C2).
 0035, 0038, 0039, 0048, 0056,                                                                    Plywood (4D).
 0137, 0138, 0168, 0169, 0171,                                                                    Reconstituted wood (4F).
 0181, 0182, 0183, 0186, 0221,                                                                    Fiberboard (4G).
 0238, 0243, 0244, 0245, 0246,                                                                    Plastics, expanded (4H1).
 0254, 0280, 0281, 0286, 0287,                                                                    Plastics, solid (4H2).
 0297, 0299, 0300, 0301, 0303,                                                                    Drums.
 0321, 0328, 0329, 0344, 0345,                                                                    Steel, removable head (1A2).
 0346, 0347, 0362, 0363, 0370,                                                                    Aluminum, removable head (1B2).
 0412, 0424, 0425, 0434, 0435,                                                                    Plywood (1D).
 0436, 0437, 0438, 0451, 0459 and                                                                 Fiber (1G).
 0488. Large and robust                                                                           Plastics, removable head (1H2).
 explosives articles, normally                                                                    Large Packagings.
 intended for military use,                                                                       Steel (50A).
 without their means of                                                                           Aluminum (50B).
 initiation or with their means                                                                   Metal other than steel or aluminum (50N).
 of initiation containing at
 least two effective protective
 features, may be carried
 unpackaged. When such articles
 have propelling charges or are
 self-propelled, their ignition
 systems must be protected
 against stimuli encountered
 during normal conditions of
 transport. A negative result in
 Test Series 4 on an unpackaged
 article indicates that the
 article can be considered for
 transport unpackaged. Such
 unpackaged articles may be fixed
 to cradles or contained in
 crates or other suitable
 handling devices.
                                                                                                  Rigid plastics (50H).
                                                                                                  Natural wood (50C).
                                                                                                  Plywood (50D).
                                                                                                  Reconstituted wood (50F).
                                                                                                  Rigid fiberboard (50G).
 
                                                                      * * * * * * *
132(a) For articles consisting of  Not necessary.................  Not necessary................  Boxes.
 closed metal, plastic or                                                                         steel (4A).
 fiberboard casings that contain                                                                  aluminum (4B).
 detonating explosives, or
 consisting of plastics-bonded
 detonating explosives.
                                                                                                  wood, natural; ordinary (4C1).
                                                                                                  wood, natural, sift proof walls (4C2).
                                                                                                  plywood (4D).
                                                                                                  reconstituted wood (4F).
                                                                                                  fiberboard (4G).
                                                                                                  plastics, solid (4H2).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
45. In Sec.  173.115, paragraphs (a)(2) and (l)(3) are revised to read 
as follows:


Sec.  173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

    (a) * * *
    (2) Has a flammable range at 101.3 kPa (14.7 psia) with air of at 
least 12 percent regardless of the lower limit. Except for aerosols, 
the limits specified in paragraphs (a)(1) and (a)(2) of this section 
shall be determined at 101.3 kPa (14.7 psia) of pressure and a 
temperature of 20 [deg]C (68 [deg]F) in accordance with the ASTM E681-
85, Standard Test Method for Concentration Limits of Flammability of 
Chemicals or other equivalent method approved by the Associate 
Administrator. The flammability of aerosols is determined by the tests 
specified in paragraph (l) of this section.
* * * * *
    (l) * * *
    (3) Aerosols not meeting the provisions of paragraphs (l)(1) or 
(1)(2) of this section must be classed in accordance with the 
appropriate tests of the UN Manual of Tests and Criteria (IBR, see 
Sec.  171.7 of this subchapter). An aerosol which was tested in 
accordance with the requirements of this subchapter in effect on 
December 31, 2005, is not required to be retested.
* * * * *


Sec.  173.120  [Amended]

0
46. In Sec.  173.120, in paragraph (d) the wording ``requirements of 
parts 170-189 of this subchapter.'' is removed and the wording 
``requirements of parts 171 through 185 of this subchapter.'' is added 
in its place.

0
47. In Sec.  173.168, paragraph (d)(2) introductory text is revised to 
read as follows:


Sec.  173.168  Chemical oxygen generators.

* * * * *
    (d) * * *
    (2) With its contents, is capable of meeting the following 
additional requirements when transported by cargo-only aircraft:
* * * * *

0
48. In Sec.  173.301, paragraph (f)(2) is revised to read as follows 
and paragraph (o) is re-designated as paragraph (l):


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

* * * * *
    (f) * * *
    (2) A pressure relief device, when installed, must be in 
communication with the vapor space of a cylinder

[[Page 56317]]

containing a Division 2.1 (flammable gas) material.
* * * * *

0
49. In Sec.  173.301a, paragraph (d)(3) is revised to read as follows:


Sec.  173.301a  Additional general requirements for shipment of 
specification cylinders.

* * * * *
    (d) * * *
    (3) The pressure at 55 [deg]C (131 [deg]F) of Hazard Zone A and 
Hazard Zone B materials may not exceed the service pressure of the 
cylinder. Sufficient outage must be provided so that the cylinder will 
not be liquid full at 55 [deg]C (131 [deg]F).
* * * * *

0
50. In Sec.  173.302, paragraphs (f)(3)(ii) and (f)(4) are revised to 
read as follows:


Sec.  173.302  Filling of cylinders with nonliquefied (permanent) 
compressed gases.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Is capable of passing, as demonstrated by design testing, the 
Flame Penetration Resistance Test in Appendix E to part 178 of this 
subchapter; and
* * * * *
    (4) The cylinder and the outer packaging must be capable of 
passing, as demonstrated by design testing, the Thermal Resistance Test 
specified in Appendix D to part 178 of this subchapter.
* * * * *

0
51. In Sec.  173.304, paragraphs (f)(3)(ii) and (f)(4) are revised to 
read as follows:


Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Is capable of passing, as demonstrated by design testing, the 
Flame Penetration Resistance Test in Appendix E to part 178 of this 
subchapter; and
* * * * *
    (4) The cylinder and the outer packaging must be capable of 
passing, as demonstrated by design testing, the Thermal Resistance Test 
specified in Appendix D to part 178 of this subchapter.
* * * * *

0
52. In Sec.  173.306, paragraph (a)(3)(v) is revised to read as 
follows:


Sec.  173.306  Limited quantities of compressed gases.

    (a) * * *
    (3) * * *
    (v) Each container, after it is filled, 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) (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, 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.
* * * * *

PART 174--CARRIAGE BY RAIL

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

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


0
54. In Sec.  174.104, paragraph (f) is revised to read as follows.


Sec.  174.104  Division 1.1 or 1.2 (explosive) materials; car 
selection, preparation, inspection, and certification.

* * * * *
    (f) Each car certificate for use in connection with the inspection 
of rail cars for the carriage of Division 1.1 or 1.2 (explosive) 
materials shall be printed on strong tag board measuring 18 by 18 cm 
(7.1 by 7.1 inches) or 15 by 20 cm (5.9 by 7.9 inches). It must be duly 
executed in triplicate by the carrier, and by the shipper if he loads 
the shipments. The original must be filed by the carrier at the 
forwarding station in a separate file and the other two must be 
attached to the car, one to each outer side on a fixed placard board or 
as otherwise provided.


-------------------- Railroad
CAR CERTIFICATE

No. 1 ------ Station ------------

19---- .

    I hereby certify that I have this day personally examined Car 
Number ------ and that the car is in condition for service and complies 
with the FRA Freight Car Safety Standards (49 CFR part 215) and with 
the requirements for freight cars used to transport explosives 
prescribed by the DOT Hazardous Materials Regulation (49 CFR part 174).

Qualified Person Designated Under 49 CFR 215.11


No. 2 ------ Station ------------

19 ---- .

    I have this day personally examined the above car and hereby 
certify that the explosives in or on this car, or in or on vehicles or 
in containers have been loaded and braced; that placards have been 
applied, according to the regulations prescribed by the Department of 
Transportation; and that the doors of cars so equipped fit or have been 
stripped so that sparks cannot enter.


Shipper or his authorized agent
Qualified Person Designated Under 49 CFR 215.11


No. 3 ------ Station ------------

19 ---- .

    I hereby certify that I have this day personally supervised the 
loading of the vehicles or containers on and their securement to the 
above car.
Shipper or railway employee inspecting loading and securement

    Note 1:  A shipper must decline to use a car not in proper 
condition.


    Note 2:  All certificates, where applicable, must be signed.

PART 176--CARRIAGE BY VESSEL

0
55. The authority citation for part 176 is revised to read as follows:

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


0
56. In Sec.  176.77, paragraph (c) is revised to read as follows:


Sec.  176.77  Stowage of barges containing hazardous materials on board 
barge-carrying vessels.

* * * * *
    (c) A barge which contains hazardous materials for which both ``on 
deck'' and ``below deck'' stowage is authorized may be stowed above or 
below the weather deck.

0
57. In Sec.  176.137, paragraph (b) is revised to read as follows:


Sec.  176.137  Portable magazine.

* * * * *
    (b) A portable magazine which meets the requirements for a type 2 
or type 3 magazine under 27 CFR part 555 subpart K may be used for the 
stowage of Class 1 (explosive) materials on board vessels.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

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


0
59. In Sec.  177.834, paragraph (o)(3) is revised and paragraph (o)(4) 
is removed to read as follows:

[[Page 56318]]

Sec.  177.834  General requirements.

* * * * *
    (o) * * *
    (3) An IM or UN portable tank equipped with a bottom outlet as 
authorized in Column (7) of the Sec.  172.101 Table of this subchapter 
by assignment of a T Code in the appropriate proper shipping name 
entry, and that contains a liquid hazardous material of Class 3, PG I 
or II, or PG III with a flash point of less than 100 [deg]F (38 
[deg]C); Division 5.1, PG I or II; or Division 6.1, PG I or II, must 
conform to the outlet requirements in Sec.  178.275(d)(3) of this 
subchapter.


Sec.  177.835  [Amended]

0
60. In Sec.  177.835, revise paragraphs (g)(3) introductory text and 
(g)(3)(ii) to read as follows:


Sec.  177.835  Class 1 materials

* * * * *
    (g) * * *
    (3) It is packed and loaded in accordance with a method approved by 
the Associate Administrator. One approved method requires that--
* * * * *
    (ii) That both the detonators and the container or compartment meet 
the requirements of the IME Standard 22 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

0
61. In Sec.  177.840, paragraphs (a)(1) and (u) are revised to read as 
follows:


Sec.  177.840  Class 2 (gases) materials.

    (a) * * *
    (1) Cylinders. Cylinders containing Class 2 gases must be securely 
restrained in an upright or horizontal position, loaded in racks, or 
packed in boxes or crates to prevent the cylinders from being shifted, 
overturned or ejected from the motor vehicle under normal 
transportation conditions. A pressure relief device, when installed, 
must be in communication with the vapor space of a cylinder containing 
a Division 2.1 (flammable gas) material.
* * * * *
    (u) Unloading of chlorine cargo tank motor vehicles. Unloading of 
chlorine from a cargo tank motor vehicle must be performed in 
compliance with Section 3 of the Chlorine Institute Pamphlet 57, 
``Emergency Shut-off Systems for Bulk Transfer of Chlorine'' (IBR, see 
Sec.  171.7 of this subchapter).


Sec.  177.848  [Amended]

0
62. In Sec.  177.848 in paragraph (g)(3)(vi) the wording ``vehicle'' is 
removed and the wording ``transport vehicle'' is added in its place.

    Issued in Washington, DC, on September 6, 2011 under authority 
delegated in 49 CFR part 1.
Timothy P. Butters,
Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2011-23167 Filed 9-12-11; 8:45 am]
BILLING CODE 4910-60-P


