52896 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

for ‘‘debarring and suspending official 

to read as follows: 

209.403 Definitions. 

‘‘Debarring and suspending official.’’ 

(1) For DoD, the designees are— 

Army—Commander, U.S. Army Legal 

Services Agency 

Navy—The General Counsel of the 

Department of the Navy 

Air Force—Deputy General Counsel 

(Contractor Responsibility) 

Defense Advanced Research Projects 

Agency—The Director 

Defense Information Systems Agency— 

The General Counsel 

Defense Intelligence Agency—The 

Senior Procurement Executive 

Defense Logistics Agency—The Special 

Assistant for Contracting Integrity 

National Geospatial—Intelligence 

Agency—The General Counsel 

Defense Threat Reduction Agency—The 

Director 

National Security Agency—The Senior 

Acquisition Executive 

Missile Defense Agency—The General 

Counsel 

Overseas installations—as designated by 

the agency head 

* * * * * 

PART 225—FOREIGN ACQUISITION 

225.7002–2 [Amended] 

■ 5. Section 225.7002–2 is amended by 

removing the reference to ‘‘225.872’’ in 

paragraph (n) and adding in its place a 

reference to ‘‘225.003(10)’’. 

PART 241—ACQUISITION OF UTILITY 

SERVICES 

241.103 [Amended] 

■ 6. Section 241.103 is amended by 

removing from paragraph (1) the 

statutory reference ‘‘10 U.S.C. 

2688(c)(3)’’ and adding in its place the 

statutory reference ‘‘10 U.S.C. 

2688(d)(2)’’. 

PART 244—SUBCONTRACTING 

POLICIES AND PROCEDURES 

■ 7. Section 244.403(1) is revised to 

read as follows: 

244.403 Contract clause. 

* * * * * 

(1) 252.225–7009, Restriction on 

Acquisition of Certain Articles 

Containing Specialty Metals. 

* * * * * 

[FR Doc. E9–24843 Filed 10–14–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 172 

[Docket No. PHMSA–2009–0238 (HM–224G)] 

RIN 2137–AE49 

Hazardous Materials: Chemical 

Oxygen Generators 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule amends 

the Hazardous Materials Regulations to 

revise the quantity limitation from 25 kg 

‘‘gross’’ to 25 kg ‘‘net’’ for packages of 

chemical oxygen generators transported 

aboard cargo aircraft only. The intended 

effect of this rule is to provide 

regulatory relief by raising the quantity 

threshold for shipments of chemical 

oxygen generators transported aboard 

cargo aircraft only. This action is 

necessary to address difficulties 

concerning implementation and 

compliance with the requirements for 

the transportation of chemical oxygen 

generators in outer packagings meeting 

certain flame penetration resistance 

standards and thermal protection 

capabilities, as evidenced by comments 

received from the hazardous materials 

industry and other interested parties. 

The amendment contained in this rule 

is a minor substantive change, in the 

public interest, and unlikely to result in 

adverse comment. 

DATES: This direct final rule is effective 

November 16, 2009, unless an adverse 

comment or notice of intent to file an 

adverse comment is received by 

November 16, 2009. PHMSA will 

publish in the Federal Register a timely 

document confirming the effective date 

of this final rule. 

ADDRESSES: You may submit comments 

identified by the docket number 

PHMSA–2009–0238 by any of the 

following methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Fax: 1–202–493–2251. 

Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

Hand Delivery: To Docket Operations; 

Room W12–140 on the ground floor of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this rule. Note that all 

comments received will be posted 

without change, including any personal 

information provided. 

FOR FURTHER INFORMATION CONTACT: T. 

Glenn Foster, (202) 366–8553, U.S. 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, Office of Hazardous 

Materials Standards, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

List of Topics 

I. Background 

II. Appeals to the January 31, 2007 Final Rule 

III. Petitions to the January 31, 2007 Final 

Rule 

IV. Summary of the Direct Final Rule 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for 

Rulemaking 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Unfunded Mandates Reform Act of 1995 

G. Paperwork Reduction Act 

H. Regulation Identifier Number (RIN) 

I. Environmental Assessment 

J. Privacy Act 

I. Background 

The National Transportation Safety 

Board found that one of the probable 

causes of the May 11, 1996 crash of 

ValuJet Airlines flight No. 596 was a fire 

in the airplane’s cargo compartment that 

was initiated and enhanced by the 

actuation of one or more chemical 

oxygen generators that were being 

improperly carried as cargo. Following 

that tragedy, in which 110 lives were 

lost, the Department of Transportation: 

—Prohibited the transportation of 

chemical oxygen generators 

(including personal-use chemical 

oxygen generators) on board 

passenger-carrying aircraft and the 

transportation of spent chemical 

oxygen generators on both passengercarrying and cargo-only aircraft, 61 FR 

26418 (May 24, 1996), 61 FR 68952 

(Dec. 30, 1996), 64 FR 45388 (Aug. 19, 

1999); 

—Issued standards governing the 

transportation of chemical oxygen 

generators on cargo-only aircraft (and 

by motor vehicle, rail car and vessel), 

including the requirement for an 

approval issued by the Research and 

Special Programs Administration 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52897 

(RSPA), the predecessor agency to the 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA), 62 

FR 30767 (June 5, 1997), 62 FR 34667 

(June 27, 1997); 

—Upgraded fire safety standards for 

Class D cargo compartments on 

aircraft to require a smoke or fire 

detection system and a means of 

suppressing a fire or minimizing the 

available oxygen, on certain transportcategory aircraft, 63 FR 8033 (Feb. 17, 

1998); and 

—Imposed additional requirements on 

the transportation of cylinders of 

compressed oxygen by aircraft and 

prohibited the carriage of chemical 

oxidizers in inaccessible aircraft cargo 

compartments that do not have a fire 

or smoke detection and fire 

suppression system, 64 FR 45388 

(Aug. 19, 1999). 

In the August 19, 1999 final rule, we 

amended the Hazardous Materials 

Regulations (HMR; 49 CFR Parts 171– 

180) to: (1) Allow a limited number of 

cylinders containing medical-use 

oxygen to be carried in the cabin of a 

passenger-carrying aircraft, 49 CFR 

175.10(b); (2) limit the number of 

oxygen cylinders that may be carried as 

cargo in compartments that lack a fire 

suppression system and require that 

cylinders be stowed horizontally on the 

floor or as close as practicable to the 

floor of the cargo compartment or unit 

load device, 49 CFR 175.85(h) & (i); and 

(3) require each cylinder of compressed 

oxygen (in the passenger cabin or a 

cargo compartment) to be placed in an 

overpack or outer packaging that meets 

the performance criteria of Air 

Transport Association Specification 300 

for Type I (ATA 300) shipping 

containers, 49 CFR 172.102, Special 

Provision A52. 

On January 31, 2007, PHMSA issued 

a final rule under Docket No. RSPA–04– 

17664 (HM–224B) to enhance the safety 

standards for transportation by air of 

compressed oxygen, other oxidizing 

gases, and chemical oxygen generators 

(72 FR 4442). Specifically, the final rule 

amended the HMR to require cylinders 

of compressed oxygen and chemical 

oxygen generators to be transported in 

an outer packaging that: (1) Meets the 

same flame penetration resistance 

standards as required for cargo 

compartment sidewalls and ceiling 

panels in transport category airplanes; 

and (2) provides certain thermal 

protection capabilities so as to retain its 

contents during an otherwise 

controllable cargo compartment fire. 

These performance requirements must 

remain in effect for the entire service 

life of the outer packaging. The outer 

packaging standard addresses two safety 

concerns—protecting a cylinder and an 

oxygen generator that could be exposed 

directly to flames from a fire and 

protecting a cylinder and an oxygen 

generator that could be exposed 

indirectly to heat from a fire. 

In addition, an outer packaging for a 

cylinder containing compressed oxygen 

or another oxidizing gas and a package 

containing an oxygen generator were 

required to meet the standards in Part III 

of Appendix F to 14 CFR Part 25, Test 

Method to Determine Flame Penetration 

Resistance of Cargo Compartment 

Liners. An outer packaging’s materials 

of construction must prevent 

penetration by a flame of 1,700 °F for 

five minutes, in accordance with Part III 

of Appendix F, paragraphs (a)(3) and 

(f)(5) of 14 CFR Part 25. 

Further, a cylinder of compressed 

oxygen or another oxidizing gas must 

remain below the temperature at which 

its pressure relief device would activate 

and an oxygen generator must not 

actuate when exposed to a temperature 

of at least 400 °F for three hours. The 

400 °F temperature is the estimated 

mean temperature of a cargo 

compartment during a halon-suppressed 

fire. Three hours and 27 minutes is the 

maximum estimated diversion time 

world-wide, based on an aircraft flying 

a southern route over the Pacific Ocean. 

Data collected during Federal Aviation 

Administration (FAA) tests indicate 

that, on average, a 3AA seamless steel 

oxygen cylinder with a pressure relief 

device set at cylinder test pressure will 

open when the cylinder reaches a 

temperature of approximately 300 °F. 

This result is consistent with 

calculations performed by PHMSA. In 

analyzing pressure relief device (PRD) 

function, PHMSA calculated that a 3HT 

seamless steel cylinder for aircraft with 

a PRD set at 90% of cylinder test 

pressure will vent at temperatures 

greater than 220 °F. In order to assure 

an adequate safety margin for all 

authorized cylinders, including 3HT 

cylinders, we amended the HMR to 

require cylinders of compressed oxygen 

and other oxidizing gases, which are 

contained in the specified outer 

packaging, to maintain an external 

temperature below 93 °C (199 °F) when 

exposed to a 400 °F temperature for 

three hours. 

II. Appeals to the January 31, 2007 

Final Rule 

The following organizations 

submitted appeals to the January 31, 

2007 final rule, in accordance with 49 

CFR Part 106: Air Canada (AC); Barlen 

and Associates, Inc. (Barlen); PSI Plus, 

Inc. (PSI); and United Airlines, Inc. 

(United). Delta Airlines (Delta) also 

submitted a letter expressing its general 

support for United’s formal appeal. The 

appellants based their appeals on 

several aspects of the January 31 final 

rule, most notably, the effective date of 

certain requirements in the rule, cost 

and availability of the required outer 

packaging, marking requirements, and 

thermal resistance testing. We also 

received requests for clarification of 

certain requirements of the final rule. 

In response to the appeals, we 

published a final rule on September 28, 

2007 (72 FR 55091) granting the request 

to delay the mandatory effective date for 

a new limit on PRD settings on 

cylinders containing compressed 

oxygen or other oxidizing gases 

transported on board aircraft from 

October 1, 2007 until October 1, 2008. 

We also clarified the thermal resistance 

test methods for packagings for oxygen 

cylinders and oxygen generators in 

Appendix D to Part 178, and added a 

new Appendix E to Part 178—Flame 

Penetration Resistance to incorporate 

the standards in Part III of Appendix F 

to 14 CFR Part 25, Test Method to 

Determine Flame Penetration Resistance 

of Cargo Compartment Liners Flame 

Penetration Resistance Test. In addition, 

we granted the request to include DOT 

specifications 3E seamless steel and 39 

non-reusable (non-refillable) cylinders 

among the types of cylinders authorized 

for the transportation of compressed 

oxygen and other oxidizing gases aboard 

aircraft. Further, we provided a marking 

option to ensure easier identification of 

cylinders equipped with the new PRD 

and outer packagings meeting the flame 

penetration and thermal resistance 

requirements. Finally, in response to the 

concerns of appellants pertaining to the 

availability of the required packaging, 

we indicated that PHMSA and FAA 

would closely monitor the availability 

of the required packaging as the 

effective date (after September 30, 2009) 

of this provision approached and would 

consider an extension of the compliance 

date for this requirement if it was 

determined that a sufficient supply of 

the required outer packaging would not 

be available. 

III. Petitions to the January 31, 2007 

Final Rule 

PHMSA received petitions dated 

September 23, 2008 and April 21, 2009 

from the Council on Safe Transportation 

of Hazardous Articles, Inc. (COSTHA) 

pertaining to the mandatory compliance 

date for the required outer packaging. In 

its September 23, 2008 petition, 

COSTHA requested an extension of the 

compliance date until April 1, 2011 for 

the outer packaging requirement, and 


jlentini on DSKJ8SOYB1PROD with RULES
52898 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

also suggested that PHMSA permit the 

current use of non-rigid outer 

packagings meeting the requirements of 

ATA Spec 300 through April 1, 2010. 

COSTHA argued that the additional 

time would ‘‘allow packaging 

manufacturers to competitively 

introduce lightweight, durable, and 

affordable packaging with an 

anticipated long term safety benefit.’’ 

PHMSA denied this petition, and in our 

response, reiterated our intention to 

monitor the availability and costs of the 

required outer packaging and to 

consider an extension of the compliance 

date for this requirement if it were 

determined that a sufficient supply of 

the required outer packaging would not 

be available as we approached the 

compliance date. 

In its petition dated April 21, 2009, 

COSTHA again requested the 

compliance date be extended to April 1, 

2011 and suggested that the required 

outer packagings were currently not in 

production and would not be available 

in sufficient time to meet the October 1, 

2009 compliance date. COSTHA further 

requested that PHMSA re-evaluate the 

entire rulemaking based on its 

contention that the original regulatory 

evaluation developed in support of the 

final rule was ‘‘significantly flawed and 

incomplete.’’ We denied this petition 

based on our identification of a number 

of packaging manufacturers that are able 

to produce outer packagings that 

conform to the performance standards 

established in the January 31, 2007 final 

rule in quantities sufficient to meet 

expected demand by October 1, 2009. 

We based our conclusion on 

consultations with companies that are 

able to produce similar packaging, and 

on demonstrations presented to the 

Department by packaging manufacturers 

detailing development and production 

plans for the required packaging, 

supporting test documentation, cost 

estimates, and samples of their 

packaging prototypes. 

In addition, PHMSA and FAA 

attended a conference sponsored by 

American Airlines held in Tulsa, 

Oklahoma on March 10–11, 2009 for 

airline representative and packaging 

manufacturers to discuss issues 

pertaining to the HM–224B outer 

packaging requirements. At this 

meeting, eight (8) packaging 

manufacturers provided presentations 

that discussed the weight, cost, 

production lead-times, life expectancy, 

and production rate of the required 

outer packaging, with several 

manufactures providing productionready prototypes. We also re-examined 

the regulatory evaluation developed in 

support of the final rule. We agreed with 

the petitioner that the regulatory 

evaluation underestimates the costs for 

outer packagings that conform to the 

performance standard established in the 

final rule. However, we also found that 

the evaluation significantly 

underestimates the expected life-span 

for such outer packagings. In addition, 

the regulatory evaluation overestimates 

the number of such packagings that 

would be required to accommodate air 

shipments of compressed oxygen and 

other oxidizing gases and chemical 

oxygen generators. Based on this reevaluation, we concluded that the costs 

associated with the requirement that 

outer packagings meet certain flame 

penetration and thermal resistance 

requirements when transported aboard 

aircraft are within the range of the costs 

estimated in the regulatory evaluation. 

Following our denial of COSTHA’s 

second petition, we posted an advisory 

alert on our website confirming the 

mandatory compliance for the outer 

packaging requirement, and provided a 

contact list of packaging manufacturers 

who have indicated they are able to 

produce the required packaging. 

PHMSA also received a petition dated 

June 29, 2009 (P–1544) from Satair USA, 

Inc pertaining to the quantity limitation 

for packages of chemical oxygen 

generators. Currently, the HMR limits 

the total package weight (gross) of 

chemical oxygen generators to a 

maximum of 25 kilograms when 

transported aboard cargo-aircraft only. 

This 25 kilogram gross limit includes 

the hazardous material and its outer 

packaging. In its petition, Satair 

contends that because of the additional 

weight of the more robust outer 

packaging required by the January 31, 

2007 final rule, much of the 25 kilogram 

limit is utilized by the weight of the 

outer packaging thereby limiting the 

actual weight of the hazardous material 

to be transported. Satair states that if the 

25 kilogram gross requirement remains 

in place, it will severely limit the 

quantity of items that may be shipped 

within each container. In its petition, 

Satair requested that we amend the 

HMR to revise the quantity limitation 

for packages of chemical oxygen 

generators transported aboard cargo 

aircraft only. We agree with the 

petitioner. During our monitoring of the 

availability of the required outer 

packaging and conversations with 

several packaging manufacturers, we 

agreed that the weight of the outer 

packaging material will be increased 

because of the additional thermal 

resistance and flame penetration 

requirements of the January 31, 2007 

final rule, and thereby limits the amount 

of hazardous materials that can be 

transported. We believe that the 

allowable weight of chemical oxygen 

generators can be increased by revising 

the quantity limit from ‘‘gross’’ to ‘‘net,’’ 

in this direct final rule without 

sacrificing our intent of protecting a 

chemical oxygen generator exposed 

directly to flames from a fire or exposed 

indirectly to heat from a fire. Therefore, 

in this direct final rule, we are 

amending the HMR to revise the 

quantity limitation for packages of 

chemical oxygen generators transported 

aboard cargo aircraft only from 25 

kilograms ‘‘gross’’ to 25 kilograms ‘‘net.’’ 

We note that the revision applies to 

chemical oxygen generators transported 

by cargo-only aircraft, and that the 

transportation of chemical oxygen 

generators by passenger aircraft or rail 

continues to be prohibited. 

IV. Summary of the Direct Final Rule 

Based on petitions received in 

response to the final rule and our own 

initiatives, we are adopting a 

requirement that quantities of chemical 

oxygen generators are limited to 25 kg 

net mass per package for transport 

aboard cargo-only aircraft. Any quantity 

of chemical oxygen generators 

transported aboard passenger aircraft or 

rail car remains prohibited. 

This direct final rule is issued under 

the procedures set forth in § 106.40 of 

the HMR. Unless an adverse comment 

or notice of intent to file an adverse 

comment is received by November 16, 

2009, this rule will become effective on 

November 16, 2009. An adverse 

comment explains why a rule would be 

inappropriate, or would be ineffective or 

unacceptable without a change. Under 

the direct final rule process, we do not 

consider a comment to be adverse that: 

(1) Recommends another rule change, in 

addition to the change in the direct final 

rule at issue, unless the commenter 

states why the rule would be ineffective 

without the change; or (2) is a frivolous 

or irrelevant comment. Therefore, 

comments that do not specifically 

address the 25 kg weight limitation for 

packages of chemical oxygen generators 

transported aboard cargo only aircraft 

will be considered beyond the scope of 

this rulemaking. PHMSA will publish in 

the Federal Register in a timely 

document confirming the effective date 

of this direct final rule. 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for 

Rulemaking 

This direct final rule is published 

under the authority of Federal 

hazardous materials transportation law 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52899 

(Federal hazmat law; 49 U.S.C. 5101 et 

seq.) and 49 U.S.C. 44701. Section 

5103(b) of Federal hazmat law 

authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation, including 

security, of hazardous material in 

intrastate, interstate, and foreign 

commerce. Section 1.53 of 49 CFR 

delegates the authority to issue 

regulations in accordance with 49 

U.S.C. 5103(b) to the Administrator of 

the Pipeline and Hazardous Materials 

Safety Administration. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This direct 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 

(OMB). This rule is not significant 

under the Regulatory Policies and 

Procedures of the Department of 

Transportation (44 FR 11034). 

In this direct final rule, we are 

amending the HMR to enhance safety 

and to offer greater flexibility in 

complying with the regulatory 

requirements for packages of chemical 

oxygen generators without sacrificing 

the current HMR level of safety. These 

amendments are based on petitions for 

rulemaking submitted by the regulated 

community and, for the most part, 

should reduce overall compliance costs. 

The amendment pertaining to the 

quantity limitation of chemical oxygen 

generators aboard cargo-only aircraft 

adopted in this direct final rule provides 

regulatory relief by raising the quantity 

threshold for such shipments. 

Overall this direct final rule will 

enhance transportation safety and 

reduce the overall compliance burden 

on the regulated industry. 

C. Executive Order 13132 

This direct final rule has been 

analyzed in accordance with the 

principles and criteria contained in 

Executive Order 13132 (‘‘Federalism’’). 

This direct final rule preempts State, 

local and Indian tribe requirements, but 

does not amend any regulation that has 

direct effects on the States, the 

relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal hazardous materials 

transportation law, 49 U.S.C. 5101– 

5127, contains an express preemption 

provision (49 U.S.C. 5125(b)) that 

preempts State, local, and Indian tribe 

requirements on the following subjects: 

1. The designation, description, and 

classification of hazardous material; 

2. The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous material; 

3. The preparation, execution, and use 

of shipping documents related to 

hazardous material and requirements 

related to the number, contents, and 

placement of those documents; 

4. The written notification, recording, 

and reporting of the unintentional 

release in transportation of hazardous 

material; and 

5. The design, manufacture, 

fabrication, marking, maintenance, 

recondition, repair, or testing of a 

packaging or container represented, 

marked, certified, or sold as qualified 

for use in transporting hazardous 

material. 

This direct final rule addresses items 

1, 2 and 5 above and preempts any 

State, local, or Indian tribe requirements 

not meeting the ‘‘substantially the 

same’’ standard. 

Federal hazardous materials 

transportation law provides at 

§ 5125(b)(2) that, if DOT issues a 

regulation concerning any of the 

covered subjects, DOT must determine 

and publish in the Federal Register the 

effective date of Federal preemption. 

The effective date may not be earlier 

than the 90th day following the date of 

issuance of the final rule and not later 

than two years after the date of issuance. 

This effective date of preemption is 90 

days after the publication of this final 

rule in the Federal Register. 

D. Executive Order 13175 

This direct 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 direct final 

rule will 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 13084 

do not apply, and a tribal summary 

impact statement is not required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act of 1980 

requires an agency to review regulations 

to assess their impact on small entities 

unless the agency determines that a rule 

is not expected to have a significant 

impact on a substantial number of small 

entities. This direct final rule will not 

impose increased compliance costs on 

the regulated industry. The revisions, 

clarifications, and corrections we are 

making to the January 31, 2007 final 

rule will provide regulatory relief to 

persons transporting chemical oxygen 

generators on aircraft by revising the 

quantity limitation for packages of 

chemical oxygen generators transported 

aboard cargo aircraft only. Accordingly, 

pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. 605(b), DOT certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

This direct final rule has been 

developed in accordance with Executive 

Order 13272 (‘‘Proper Consideration of 

Small Entities in Agency Rulemaking’’) 

and DOT’s procedures and policies to 

promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts of draft rules on small 

entities are properly considered. 

F. Unfunded Mandates Reform Act of 

1995 

This direct final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141,300,000 or more to either State, 

local or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

G. Paperwork Reduction Act 

This direct final rule imposes no new 

information collection and 

recordkeeping requirements. 

H. 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. 

I. Environmental Assessment 

The National Environmental Policy 

Act, 42 U.S.C. 4321–4375, requires 

federal agencies to analyze proposed 

actions to determine whether the action 

will have a significant impact on the 

human environment. The Council on 

Environmental Quality (CEQ) 

regulations order federal agencies to 

conduct an environmental review 

considering: (1) The need for the 

proposed action; (2) alternatives to the 

proposed action; (3) probable 

environmental impacts of the proposed 

action and alternatives; and (4) the 


jlentini on DSKJ8SOYB1PROD with RULES
52900 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

agencies and persons consulted during 

the consideration process. 40 CFR 

1508.9(b). 

The provisions of this direct final rule 

build on current regulatory 

requirements to enhance the safety and 

security of shipments of chemical 

oxygen generators when transported 

aboard an aircraft. The net 

environmental impact, therefore, will be 

moderately positive. There are no 

significant environmental impacts 

associated with this direct final rule. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

List of Subjects in 49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Labeling, Markings, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, we 

are amending title 49 Chapter I, 

Subchapter C, as follows: 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS, AND 

SECURITY PLANS 

■ 1. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.53. 

§ 172.101 [Amended] 

■ 2. In the Hazardous Materials Table, 

in § 172.101, for the shipping name 

‘‘Oxygen generator, chemical (including 

when contained in associated 

equipment, e.g., passenger service units 

(PSUs), portable breathing equipment 

(PBE), etc),’’ the entry in Column (9B), 

is revised to read ‘‘25 kg’’. 

Issued in Washington, DC on October 8, 

2009 under authority delegated in 49 CFR 

part 106. 

Cynthia Douglass, 

Acting Deputy Administrator for Hazardous 

Materials Safety. 

[FR Doc. E9–24779 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Parts 1001, 1002, 1003, 1007, 

1011, 1012, 1016, 1100, 1102, 1103, 

1104, 1105, 1109, 1110, 1113, 1114, 

1116, 1118, 1132, 1139, 1150, 1152, 

1177, 1180, 1240, 1241, 1242, 1243, 

1245, 1246, 1248, 1253, 1260, 1261, 

1262, 1263, 1264, 1265, 1266, 1267 and 

1269 

[STB Ex Parte No. 685] 

Removal of Delegations of Authority to 

Secretary 

AGENCY: Surface Transportation Board. 

ACTION: Final rules. 

SUMMARY: The Surface Transportation 

Board (Board or STB) amends its 

regulations by eliminating the Secretary 

of the Board, reassigning the delegations 

of authority from the Secretary to other 

Offices of the Board, and making 

additional updates to eliminate 

incorrect or obsolete references. Because 

these administrative final rules amend 

internal agency practice and procedure, 

this action is exempt from the usual 

requirement for notice and an 

opportunity for public comment under 

5 U.S.C. 553(b)(A) of the Administrative 

Procedure Act. 

DATES: These rules are effective on 

November 16, 2009. 

ADDRESSES: Information or questions 

regarding this final rule should 

reference STB Ex Parte No. 685 and be 

in writing addressed to: Chief, Section 

of Administration, Office of 

Proceedings, Surface Transportation 

Board, 395 E Street, SW., Washington, 

DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia T. Brown at (202) 245–0350. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339.] 

SUPPLEMENTARY INFORMATION: The Board 

is revising its regulations to eliminate 

the Secretary of the Board, to reassign 

the delegations of authority from the 

Secretary to other Board Offices, and to 

make additional updates to eliminate 

incorrect or obsolete references. The 

regulations at 49 CFR part 1011, which 

provide the delegations of authority by 

the Board, and all other rules affected by 

the removal of delegations of authority 

from the Secretary will be revised to 

reflect the change in delegations and 

other updates. The Secretary is being 

eliminated to increase efficiency within 

the Board. The duties of the Secretary 

will be transferred to other Offices 

within the Board. These rules set out the 

new delegations and procedures for 

processing cases, appeals, and inquiries 

from the public. 

49 CFR 1001.1, Records Available From 

the Board and 49 CFR 1001.2, Certified 

Copies of Records 

In sections 1001.1(a) and 1001.2, 

which concern availability of Board 

records and certification of record 

copies, the Board removes the 

references to the Secretary. In section 

1001.1(a), the Board changes the 

reference from Secretary to Records 

Officer, the new custodian of records for 

the Board. In section 1001.2, the Board 

changes the reference from the Secretary 

to the Records Officer, to reflect the 

Records Officer’s new responsibility for 

certifying copies of records. 

49 CFR 1002.1, Fees for Records 

Search, Review, Copying, Certification, 

and Related Services 

Sections 1002.1(a), (g)(14)(vi), and (i). 

The Board changes the references from 

the Secretary in sections 1002.1(a) and 

(i), which concern fees for records 

certification, records copying, and 

transcript purchases, to the Records 

Officer. Sections 1002.1(g)(14)(vi) and 

(i) will be updated to add the 4-digit 

code provided by the United States 

Postal Service to the postal ZIP code for 

the Board’s office. 

Section 1002.1(e). This section 

concerns fees for courier services. The 

position of Information Officer no 

longer exists, so the reference will be 

changed to the Records Officer. Fees for 

courier service can be obtained from the 

Records Officer or the Board’s Web site. 

Sections 1002.1(f), (f)(1), and (g)(8). 

These sections, which concern fees for 

search and copying services requiring 

computer processing and for records not 

considered public under the Freedom of 

Information Act, will be revised to 

remove the outdated term ‘‘ADP’’ and 

replace it with the term ‘‘computer.’’ 

49 CFR 1002.2, Filing Fees 

Section 1002.2(a)(3). This section, 

which identifies a Board designee to 

receive payment of filing fees, will be 

revised to remove the reference to the 

Secretary. Routine business practices 

require only that the fees be payable to 

the Surface Transportation Board. We 

will not require additional specificity. 

Section 1002.2(e)(2)(i) and (e)(2)(iii). 

These sections concern requests for 

waiver or reduction of fees prescribed in 

section 1002.2(f) and notification of the 

Board’s action on such requests. The 

reference to the Secretary in section 

1002.2(e)(2)(i) will be changed to 

‘‘Chief, Section of Administration, 


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