53182 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 

the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street, SW, Washington, DC 20554. 

Please include OMB Control Number, 

3060–0029 (Form 349) in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e–mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

SYNOPSIS 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

October 8, 2009, for the information 

collection requirements (revisions to 

FCC Form 349). 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060– 

0029 and the total annual reporting 

burdens for respondents for this 

information collection are as follows: 

OMB Control Number: 3060–0029. 

OMB Approval Date: October 8, 2009. 

Expiration Date: October 31, 2012. 

Title: Application for DTV Broadcast 

Station License, FCC Form 302–DTV; 

Application for Construction Permit for 

Reserved Channel Noncommercial 

Educational Broadcast Station, FCC 

Form 340; Application for Authority to 

Construct or Make Changes in an FM 

Translator or FM Booster Station, FCC 

Form 349. 

Form Number: FCC Forms: 302–DTV, 

340 and 349. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities; Not–for–profit 

institutions; State, local or tribal 

government. 

Number of Respondents and 

Responses: 5,170 respondents and 5,170 

responses. 

Estimated Time per Response: 1–4 

hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Total Annual Burden: 11,080 hours. 

Total Annual Costs: $19,096,297. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in Sections 154(i), 303 and 

308 of the Communications Act of 1934, 

as amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this information collection. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: On June 29, 2009, 

the Commission adopted a Report and 

Order, Amendment of Service and 

Eligibility Rules for FM Broadcast 

Translator Stations, MB Docket No. 07– 

172, FCC 09–59. In the Report and 

Order, the Commission adopted changes 

to the FM translator rules that would 

allow AM stations to use authorized FM 

translator stations to rebroadcast the AM 

signal locally, retransmitting their AM 

programming as a ’’fill–in’’ service. The 

adopted cross service translating rules 

limit FM translators to providing ’’fill– 

in’’ service only, specifically within the 

AM primary station’s authorized service 

area. In addition, the Commission 

limited the cross–service rule changes to 

’’currently authorized FM translators,’’ 

that is, those translators with licenses or 

permit in effect as of May 1, 2009. 

Therefore, the rule changes affecting 

this information collection will add a 

new universe of filers – AM stations – 

to this information collection. AM 

stations will use Form 349 to apply for 

authorizations to operate such FM 

translator stations. 

Consistent with actions taken by the 

Commission in the Report and Order, 

the following changes are made to Form 

349: Sections II and III of Form 349 

include new certifications concerning 

compliance with the AM station ’’fill– 

in’’ service requirements. Specifically, 

in the AM service, applicants certify 

that the coverage contour of the FM 

translator station is contained within 

the lesser of: (a) the 2 mV/m daytime 

contour of the AM primary station being 

rebroadcast, or (b) a 25–mile radius 

centered at the AM station’s transmitter 

site. The instructions for Sections II and 

III have been revised to assist applicants 

with completing the new questions. 

FCC Form 349 is used to apply for 

authority to construct a new FM 

translator or FM booster broadcast 

station, or to make changes in the 

existing facilities of such stations. This 

form also includes the third party 

disclosure requirement of 47 CFR 

73.3580 requires local public notice in 

a newspaper of general circulation of all 

application filings for new or major 

change in facilities. This notice must be 

completed within 30 days of the 

tendering of the application. This notice 

must be published at least twice a week 

for two consecutive weeks in a three– 

week period. A copy of this notice must 

be placed in the public inspection file 

along with the application. 

FCC Form 302–DTV is used by 

licensees and permittees of Digital TV 

(’’DTV’’) broadcast stations to obtain a 

new or modified station license and/or 

to notify the Commission of certain 

changes in the licensed facilities of 

those stations. It may be used: (1) To 

cover an authorized construction permit 

(or auxiliary antenna), provided that the 

facilities have been constructed in 

compliance with the provisions and 

conditions specified on the construction 

permit; or (2) To implement 

modifications to existing licenses as 

permitted by 47 CFR 73.1675(c) or 

73.1690(c). 

FCC Form 340 is used by licensees 

and permittees to apply for authority to 

construct a new noncommercial 

educational (’’NCE’’) FM, TV, and DTV 

broadcast station, or to make changes in 

the existing facilities of such a station. 

The FCC Form 340 is only used if the 

station will operate on a channel that is 

reserved exclusively for noncommercial 

educational use, or in the situation 

where applications for NCE stations on 

non–reserved channels are mutually 

exclusive only with one another. 

Revisions to this information 

collection are due to revisions being 

made only to FCC Form 349. 

Federal Communications Commission 

William F. Caton, 

Deputy Secretary. 

[FR Doc. E9–24857 Filed 10–15–09; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

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

180 

[Docket No. PHMSA–2009–0237 (HM–244B)] 

RIN 2137–AE50 

Hazardous Materials: Minor Editorial 

Corrections and Clarifications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule corrects 

editorial errors, makes minor regulatory 

changes and, in response to requests for 


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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53183 

clarification, improves the clarity of 

certain provisions in the Hazardous 

Materials Regulations. The intended 

effect of this rule is to enhance the 

accuracy and reduce misunderstandings 

of the regulations. The amendments 

contained in this rule are nonsubstantive changes and do not impose 

new requirements. 

DATES: Effective date: October 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steven Andrews, Office of Hazardous 

Materials Standards, 202–366–8553, 

PHMSA, East Building, PHH–10, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Pipeline and Hazardous Materials 

Safety Administration (PHMSA) (‘‘we’’) 

annually reviews the Hazardous 

Materials Regulations (HMR; 49 CFR 

Parts 171–180) to identify typographical 

and other errors, outdated addresses or 

other contact information, and similar 

errors. In this final rule, we are 

correcting typographical errors, 

incorrect CFR references and citations, 

an incomplete office address, 

inconsistent use of terminology, 

misstatements of certain regulatory 

requirements and inadvertent omissions 

of information. Because these 

amendments do not impose new 

requirements, notice and public 

comment procedures are unnecessary. 

By making these amendments effective 

without the customary 30-day delay 

following publication, the changes will 

appear in the next revision of the 49 

CFR. 

II. Section by Section Review 

The following is a summary by 

section of the more substantive changes 

made in this final rule. The summary 

does not include minor editorial 

corrections such as punctuation errors 

or similar minor revisions. 

Part 107 

Appendix A to Subpart D of Part 107: 

In Appendix A to Subpart D of Part 107, 

in part II ‘‘List of Frequently Cited 

Violations,’’ under the heading 

‘‘Manufacturing, Reconditioning, 

Retesting Requirements,’’ under ‘‘F. 

Cylinder Requalification’’ entry 7, in the 

second column, we are correcting the 

reference to ‘‘§ 178.205(c)’’ to 

‘‘§ 180.205(c).’’ 

Section 107.705 

This section prescribes requirements 

for persons who file registrations, 

reports, and applications for approval. 

We are updating the office mailing 

address in paragraph (a)(1) for 

submitting these documents. 

Part 171 

Section 171.8 

This section contains definitions for 

certain terms used in the HMR. We are 

revising the definition for ‘‘commerce’’ 

in § 171.8 to align it with the definition 

contained in the Federal hazardous 

materials transportation law (Federal 

hazmat law; 49 U.S.C. 5101 et seq.), as 

amended by the Hazardous Materials 

Safety and Security Reauthorization Act 

of 2005 (the Act; Title VII of Public Law 

109–59, 119 Stat. 1144 (August 10, 

2005)). The revised definition adds 

transportation on a United Statesregistered aircraft to clarify that such 

transportation is considered 

transportation in commerce for 

purposes of Federal hazmat law and the 

HMR. In this final rule, we are revising 

the definition of ‘‘commerce’’ in the 

HMR to read: ‘‘Commerce means trade 

or transportation in the jurisdiction of 

the United States within a single state; 

between a place in a state and a place 

outside of the state; that affects trade or 

transportation between a place in a state 

and place outside of the state; or on a 

United States-registered aircraft.’’ In 

addition, we are revising the definition 

of ‘‘material poisonous by inhalation’’ to 

clarify that the term is synonymous with 

‘‘material toxic by inhalation.’’ 

Section 171.12 

This section prescribes requirements 

for hazardous materials shipments 

transported to or from Canada or 

Mexico. Paragraph (a)(1) provides that 

these shipments must meet the 

applicable requirements in §§ 171.22 

and 171.23; these sections are contained 

in Subpart C of Part 171. Therefore, we 

are also revising the introductory 

language in the last sentence in 

paragraph (a)(1) to include compliance 

with the applicable requirements in 

‘‘subpart C of this part.’’ 

Section 171.15 

This section prescribes requirements 

for the immediate telephonic 

notification of certain hazardous 

materials incidents. In this final rule, we 

are revising paragraph (a) to permit 

notifications to the National Response 

Center to be submitted electronically 

through an Internet site. 

Section 171.22 

This section contains authorizations 

and conditions for the use of 

international standards and regulations 

for the transportation of hazardous 

materials to, from, or within the United 

States. As stated earlier in the preamble 

discussion to § 171.8, the definition of 

‘‘commerce’’ is revised in this final rule 

to recognize that the term includes the 

transportation of hazardous materials 

aboard any United States-registered 

aircraft. Consistent with the revision 

made to the definition of ‘‘commerce,’’ 

we are revising paragraph (a) in § 171.22 

to clarify that the authorization 

provided in this section for use of 

international standards applies to 

transportation on U.S.-registered aircraft 

anywhere in the world, not just to 

transportation in commerce of 

hazardous materials ‘‘to, from, or within 

the United States.’’ 

Part 172 

Section 172.101 

This section contains the Hazardous 

Materials Table (HMT) and explanatory 

text for each of the columns in the table. 

In this final rule, we are removing the 

entries ‘‘Nitrous oxide and carbon 

dioxide mixtures, see Carbon dioxide 

and nitrous oxide mixtures,’’ ‘‘Oxygen 

and carbon dioxide mixtures, see 

Carbon dioxide and oxygen mixtures,’’ 

and ‘‘Oxygen, mixtures with rare gases, 

see Rare gases and oxygen mixtures’’ 

because the HMT entries to which the 

reader is directed are no longer in the 

HMT. These entries, ‘‘Carbon dioxide 

and nitrous oxide mixtures, UN1015,’’ 

‘‘Carbon dioxide and oxygen mixtures, 

compressed, UN1014,’’ and Rare gases 

and oxygen mixtures, compressed, 

UN1980, were removed in a final rule 

published under Docket HM–215I (71 

FR 78596; December 29, 2006). 

Section 172.320 

This section prescribes marking 

requirements for packages of Class 1 

(explosive) materials. We are removing 

paragraph (e)(4) because it contains an 

obsolete provision and the paragraph 

designation is reserved. 

Part 173 

Section 173.62 

This section prescribes the specific 

packaging requirements for explosives. 

We are correcting the formatting of 

Packing Instruction 134 in the Table of 

Packing Methods to move the fibreboard 

(4G) package from the column headed 

‘‘Inner packagings’’ to the column 

headed ‘‘Outer packagings.’’ This 

reformatting error occurred in the 

printing of a previous rulemaking. 

Section 173.124 

This section prescribes the definitions 

for Class 4, Divisions 4.1, 4.2 and 4.3 

materials. Due to a printing error, the 

test procedure for assigning a selfreactive material to a generic type was 


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53184 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 

inadvertently printed in multiple 

locations and the definition of a type C 

self-reactive material was inadvertently 

omitted from this section. Therefore, to 

correct this printing error, we are 

revising paragraphs (a)(2)(ii)(C) and 

(a)(2)(iii)(C) to delete the duplicate test 

procedure and reinstate the definition of 

a type C self-reactive material. 

Section 173.133 

This section prescribes the 

assignment of packing group and hazard 

zones for Division 6.1 materials. We are 

revising the table in § 173.133(a)(1) to 

correct the reference to § 172.203(m)(2) 

to read § 172.203(m). 

Section 173.168 

This section specifies requirements 

for transportation of chemical oxygen 

generators. Paragraph (d)(2)(i) contains 

the test procedure and acceptance 

criteria for the Flame Penetration 

Resistance Test. In a September 28, 2007 

final rule (72 FR 55091), we moved the 

entire test procedure to new Appendix 

E to Part 178 but failed to remove the 

corresponding language in paragraph 

(d)(2)(i). In this final rule, we are 

revising paragraph (d) to remove the 

duplicative language. 

Section 173.304 

This section prescribes filling 

requirements for cylinders of liquefied 

compressed gases. We are revising 

paragraph (f)(3)(ii) to correct ‘‘part 78’’ 

to read ‘‘part 178.’’ 

Part 174 

Section 174.59 

This section prescribes marking and 

placarding requirements for rail cars 

offered for transportation. In the last 

sentence, we are correcting a reference 

to § 171.12a to read § 171.12. 

Part 176 

Section 176.415 

This section prescribes requirements 

for the transportation by vessel of 

Division 1.5, ammonium nitrates, and 

certain ammonium nitrate fertilizers. 

We are correcting paragraph (c)(4) to 

remove the word ‘‘and’’ at the end of the 

sentence. 

Part 180 

Section 180.209 

This section, which prescribes 

requalification requirements for DOT 

specification cylinders, contains a 

paragraph (a)(1) but no (a)(2). We are 

correcting this formatting inconsistency 

by removing the paragraph designation 

‘‘(1)’’ preceding the first full sentence. 

Section 180.407 

This section prescribes periodic 

requalification requirements for 

specification cargo tanks. Paragraphs (c) 

and (h) require each cargo tank to be 

tested for leaks, to include the product 

piping with all valves and accessories in 

place and operative. Paragraph (h)(2) 

permits cargo tanks equipped with 

vapor collection equipment and used to 

transport petroleum distillate fuels to be 

leakage tested in accordance with the 

Environmental Protection Agency’s 

(EPA’s) Method 27 in place of the HMR 

requirement and specifies that the test 

must be conducted in accordance with 

the test methods and procedures 

prescribed in 40 CFR 63.425(e)(1). 

However, the paragraph inadvertently 

fails to reference the required cargo tank 

internal valve test procedures in 

paragraph (e)(2). Therefore, in this final 

rule, we are revising paragraph (h)(2) in 

§ 180.407 of the HMR to reference 40 

CFR 63.425(e)(2). 

Section 180.605 

This section prescribes requalification 

requirements for specification and UN 

portable tanks. Paragraph (h)(1) 

prescribes the pressure test procedures 

for specification 51, 56, and 57 portable 

tanks; however, the paragraph heading 

does not reference specification 56 

portable tanks. In this final rule, are 

revising paragraph (h) heading to 

include the specification 56 portable 

tanks. 

III. Regulatory Analyses and Notices 

A. Statutory Authority 

This final rule is published under 

authority of 49 U.S.C. 5103(b), which 

authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation, including 

security, of hazardous material in 

intrastate, interstate, and foreign 

commerce. The purpose of this final 

rule is to remove unnecessary cross 

references to the hazardous materials 

table, correct mailing addresses, 

grammatical and typographical errors, 

and, in response to requests for 

clarification, improve the clarity of 

certain provisions in the Hazardous 

Materials Regulations. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

rule is not significant under the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). This final rule does not impose 

new or revised requirements for 

hazardous materials shippers or carriers; 

therefore, it is not necessary to prepare 

a regulatory impact analysis. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria in Executive Order 13132 

(‘‘Federalism’’). This final rule does not 

adopt any regulation that: (1) Has 

substantial direct effects on the states, 

the relationship between the national 

government and the states, or the 

distribution of power and 

responsibilities among the various 

levels of government; or (2) imposes 

substantial direct compliance costs on 

state and local governments. PHMSA is 

not aware of any state, local, or Indian 

tribe requirements that would be 

preempted by correcting editorial errors 

and making minor regulatory changes. 

This final rule does not have sufficient 

federalism impacts to warrant the 

preparation of a federalism assessment. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not have 

tribal implications, does not impose 

substantial direct compliance costs on 

Indian tribal governments, and does not 

preempt tribal law, the funding and 

consultation requirements of Executive 

Order 13175 do not apply, and a tribal 

summary impact statement is not 

required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

I certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule makes minor editorial changes 

which will not impose any new 

requirements on persons subject to the 

HMR; thus, there are no direct or 

indirect adverse economic impacts for 

small units of government, businesses, 

or other organizations. 

F. Unfunded Mandates Reform Act of 

1995 

This rule does not impose unfunded 

mandates under the Unfunded 

Mandates Reform Act of 1995. It does 

not result in costs of $141.3 million or 

more to either state, local, or tribal 

governments, in the aggregate, or to the 

private sector, and is the least 

burdensome alternative that achieves 

the objectives of the rule. 


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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53185 

G. Paperwork Reduction Act 

There are no new information 

collection requirements in this final 

rule. 

H. Environmental Impact Analysis 

There are no environmental impacts 

associated with this final rule. 

I. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

List of Subjects 

49 CFR Part 107 

Hazardous materials transportation 

program procedures. 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Labeling, Packaging and containers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Packaging and containers, Radioactive 

materials, Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 174 

Hazardous materials transportation, 

Carriage by rail. 

49 CFR Part 176 

Hazardous materials transportation, 

Maritime carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Motor carriers, Motor vehicle safety, 

Packaging and containers, Railroad 

safety, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, 49 

CFR Chapter I is amended as follows: 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

■ 1. The authority citation for part 107 

is revised to read as follows: 

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

Pub. L. 101–410 section 4 (28 U.S.C. 2461 

note); Pub. L. 104–121 sections 212–213; 

Pub. L. 104–134 section 31001; 49 CFR 1.45, 

1.53. 

Appendix A to Subpart D of Part 107— 

[Amended] 

■ 2. In Appendix A to Subpart D of Part 

107, in the List of Frequently Cited 

Violations (Part II), under the heading 

‘‘Manufacturing, Reconditioning, and 

Retesting Requirements,’’ under ‘‘F. 

Cylinder Requalification:’’, revise entry 

7 to read as follows: 

II—LIST OF FREQUENTLY CITED VIOLATIONS

Violation description Section or cite Baseline assessment 

Manufacturing, Reconditioning, and Retesting Requirements 

* * * * * * * 

F. Cylinder Requalification: * * * .........................................................................

7. Representing, marking, or certifying a cylinder as meeting the requirements of an exemption or special permit when the cylinder was not 

maintained or retested in accordance with the exemption or special permit.

171.2(c), (e), 180.205(c), Applicable 

Exemption or Special Permit.

$2,000 to $6,000. 

* * * * * * * 

■ 3. In § 107.705, revise paragraph (a)(1) 

to read as follows: 

§ 107.705 Registrations, reports, and 

applications for approval. 

(a) * * * 

(1) File the registration, report, or 

application with the Associate 

Administrator for Hazardous Materials 

Safety (Attention: Approvals, PHH–32), 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, 2nd 

Floor, E23–406, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. Alternatively, the document with 

any attached supporting documentation 

in an appropriate format may be filed by 

facsimile (fax) to: (202) 366–3753 or 

(202) 366–3308 or by electronic mail (email) to: approvals@dot.gov. 

* * * * * 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 4. The authority citation for part 171 

continues to read as follows: 

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

CFR 1.45 and 1.53; Pub. L. 101–410 section 

4 (28 U.S.C. 2461 note); Pub. L. 104–134 

section 31001. 

■ 5. In § 171.8, revise the definitions for 

‘‘commerce’’ and ‘‘materials poisonous 

by inhalation’’ to read as follows: 

§ 171.8 Definitions and Abbreviations 

* * * * * 

Commerce means trade or 

transportation in the jurisdiction of the 

United States within a single state; 

between a place in a state and a place 

outside of the state; that affects trade or 

transportation between a place in a state 

and place outside of the state; or on a 

United States-registered aircraft. 

* * * * * 

Material poisonous by inhalation or 

Material toxic by inhalation means: 

(1) A gas meeting the defining criteria 

in § 173.115(c) of this subchapter and 

assigned to Hazard Zone A, B, C, or D 

in accordance with § 173.116(a) of this 

subchapter; 

(2) A liquid (other than as a mist) 

meeting the defining criteria in 

§ 173.132(a)(1)(iii) of this subchapter 

and assigned to Hazard Zone A or B in 

accordance with § 173.133(a) of this 

subchapter; or 

(3) Any material identified as an 

inhalation hazard by a special provision 

in column 7 of the § 172.101 table. 

* * * * * 

■ 6. In § 171.12, revise paragraph (a)(1) 

to read as follows: 


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§ 171.12 North American Shipments. 

(a) * * * 

(1) A hazardous material transported 

from Canada to the United States, from 

the United States to Canada, or 

transiting the United States to Canada or 

a foreign destination may be offered for 

transportation or transported by motor 

carrier and rail in accordance with the 

Transport Canada TDG Regulations 

(IBR, see § 171.7) as authorized in 

§ 171.22, provided the requirements in 

§§ 171.22 and 171.23, as applicable, and 

this section are met. In addition, a cargo 

tank motor vehicle, portable tank or rail 

tank car authorized by the Transport 

Canada TDG Regulations may be used 

for transportation to, from, or within the 

United States provided the cargo tank 

motor vehicle, portable tank or rail tank 

car conforms to the applicable 

requirements of this section. Except as 

otherwise provided in this subpart and 

subpart C of this part, the requirements 

in parts 172, 173, and 178 of this 

subchapter do not apply for a material 

transported in accordance with the 

Transport Canada TDG Regulations. 

* * * * * 

■ 7. In § 171.15, revise paragraph (a) 

introductory text to read as follows: 

§ 171.15 Immediate notice of certain 

hazardous materials incidents. 

(a) General. As soon as practical but 

no later than 12 hours after the 

occurrence of any incident described in 

paragraph (b) of this section, each 

person in physical possession of the 

hazardous material must provide notice 

to the National Response Center (NRC) 

by telephone at 800–424–8802 (toll free) 

or 202–267–2675 (toll call) or online at 

http://www.nrc.uscg.mil. Notice 

involving an infectious substance 

(etiologic agent) may be given to the 

Director, Centers for Disease Control 

and Prevention (CDC), U.S. Public 

Health Service, Atlanta, GA, 800–232– 

0124 (toll free), in place of notice to the 

NRC. Each notice must include the 

following information: 

* * * * * 

■ 8. In § 171.22, revise paragraph (a) to 

read as follows: 

§ 171.22 Authorization and conditions for 

the use of international standards and 

regulations. 

(a) Authorized international 

standards and regulations. This subpart 

authorizes, with certain conditions and 

limitations, the offering for 

transportation and the transportation in 

commerce of hazardous materials in 

accordance with the International Civil 

Aviation Organization’s Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions), the 

International Maritime Dangerous 

Goods Code (IMDG Code), Transport 

Canada’s Transportation of Dangerous 

Goods Regulations (Transport Canada 

TDG Regulations), and the International 

Atomic Energy Agency Regulations for 

the Safe Transport of Radioactive 

Material (IAEA Regulations) (IBR, see 

§ 171.7). 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 9. The authority citation for part 172 

continues to read as follows: 

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

CFR 1.53. 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 10. In § 172.101, in the Hazardous 

Materials Table, remove the following 

entries. 


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Symbols 

Hazardous materials 

descriptions and proper shipping names 

Hazard 

class or 

division 

Identification numbers PG Label codes Special provisions (§ 172.102) (8) Packaging (§ 173.***) 

(9) Quantity limitations 

(See §§ 173.27 

and 175.75) 

(10) Vessel stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

[REMOVE] 

* * * * * * * 

Nitrous oxide and carbon dioxide mixtures, see Carbon 

dioxide and nitrous oxide mixtures.

* * * * * * * 

Oxygen and carbon dioxide mixtures, see 

Carbon dioxide and oxygen mixtures.

* * * * * * * 

Oxygen, mixtures with 

rare gases, see Rare gases and oxygen mixtures.

* * * * * * * 


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* * * * * 

■ 11. In § 172.320, revise paragraph (e) 

to read as follows: 

§ 172.320 Explosive hazardous materials. 

* * * * * 

(e) The requirements of this section 

do not apply to the following Class 1 

materials: 

(1) Those being shipped to a testing 

agency in accordance with § 173.56(d) 

of this subchapter; 

(2) Those being shipped in 

accordance with § 173.56(e) of this 

subchapter, for the purposes of 

developmental testing; 

(3) Those which meet the 

requirements of § 173.56(h) of this 

subchapter and therefore are not subject 

to the approval process of § 173.56 of 

this subchapter; 

(4) [Reserved]; 

(5) Those that are transported in 

accordance with § 173.56(c)(2) of this 

subchapter and, therefore, are covered 

by a national security classification 

currently in effect. 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 12. The authority citation for part 173 

continues to read as follows: 

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

CFR 1.45, 1.53. 

■ 13. In § 173.62, in paragraph (c), 

revise Packing instruction 134 in the 

Table of Packing Methods to read as 

follows: 

§ 173.62 Specific packaging requirements 

for explosives. 

* * * * * 

(c) * * * 

TABLE OF PACKING METHODS

Packing instruction Inner packagings Intermediate 

packagings Outer packagings 

* * * * * * * 

134 .......................................... Bags ........................................

water resistant 

Receptacles 

fibreboard 

metal 

plastics 

wood 

Sheets 

fibreboard, corrugated 

Tubes 

fibreboard 

Not necessary Boxes. 

steel (4A). 

aluminium (4B). 

wood, natural, ordinary (4C1). 

wood, natural, sift proof walls (4C2). 

plywood (4D). 

reconstituted wood (4F). 

fibreboard (4G). 

plastics, expanded (4H1). 

plastics, solid (4H2). 

Drums. 

fibreboard (1G). 

plastics, removable head (1H2). 

steel, removable head (1A2). 

aluminium, removable head (1B2). 

plywood (1D). 

* * * * * * * 

* * * * * 

■ 14. In § 173.124, revise paragraphs 

(a)(2)(ii)(C) and (a)(2)(iii)(C) to read as 

follows: 

§ 173.124 Class 4, Divisions 4.1, 4.2 and 

4.3—Definitions. 

(a) * * * 

(2) * * * 

(ii) * * * 

(C) Type C. Self-reactive material type 

C is a self-reactive material which, as 

packaged for transportation, neither 

detonates nor deflagrates rapidly and 

cannot undergo a thermal explosion. 

* * * * * 

(iii) * * * 

(C) Performance of the self-reactive 

material under the test procedures 

specified in the UN Manual of Tests and 

Criteria (IBR, see § 171.7 of this 

subchapter) and the provisions of 

paragraph (a)(2)(iii) of this section; and 

* * * * * 

■ 15. In § 173.133, in paragraph (a)(2)(i), 

revise Note 2 following the table to read 

as follows: 

§ 173.133 Assignment of packing group 

and hazard zones for Division 6.1 materials. 

(a) * * * 

(2) * * * 

(i) * * * 

Note 2: A liquid in Division 6.1 meeting 

criteria for Packing Group I, Hazard Zones A 

or B stated in paragraph (a)(2) of this section 

is a material poisonous by inhalation subject 

to the additional hazard communication 

requirements in §§ 172.203(m), 172.313 and 

table 1 of § 172.504(e) of this subchapter. 

* * * * * 

■ 16. In § 173.168, revise paragraph 

(d)(2) to read as follows: 

§ 173.168 Chemical oxygen generators. 

* * * * * 

(d) * * * 

(2) After September 30, 2009, with its 

contents, is capable of meeting the 

following additional requirements when 

transported by cargo-only aircraft: 

(i) The Flame Penetration Resistance 

Test specified in Appendix E to part 178 

of this subchapter. 

(ii) The Thermal Resistance Test 

specified in Appendix D to part 178 of 

this subchapter. 

* * * * * 

■ 17. In § 173.304, revise paragraph 

(f)(3)(ii) to read as follows: 

§ 173.304 Filling of cylinders with liquefied 

compressed gases. 

* * * * * 

(f) * * * 

(3) * * * 

(ii) After September 30, 2009, is 

capable of passing, as demonstrated by 

design testing, the Flame Penetration 

Resistance Test specified in part III of 

Appendix E to part 178 of this 

subchapter; and 

* * * * * 


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PART 174—CARRIAGE BY RAIL 

■ 18. The authority citation for part 174 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 19. Revise § 174.59 to read as follows: 

§ 174.59 Marking and placarding of rail 

cars. 

No person may transport a rail car 

carrying hazardous materials unless it is 

marked and placarded as required by 

this subchapter. Placards and car 

certificates lost in transit must be 

replaced at the next inspection point, 

and those not required must be removed 

at the next terminal where the train is 

classified. For Canadian shipments, 

required placards lost in transit, must be 

replaced either by those required by part 

172 of this subchapter or by those 

authorized under § 171.12. 

PART 176—CARRIAGE BY VESSEL 

■ 20. The authority citation for part 176 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 21. In § 176.415, make the following 

amendments: 

■ a. At the end of paragraph (c)(2), 

remove the period and add a semi-colon 

in its place; 

■ b. At the end of paragraph (c)(3), 

remove the semi-colon and add ‘‘; and’’ 

in its place; and 

■ c. Revise paragraph (c)(4). 

The revision reads as follows: 

§ 176.415 Permit requirements for Division 

1.5, ammonium nitrates, and certain 

ammonium nitrate fertilizers. 

* * * * * 

(c) * * * 

(4) Each facility at which the material 

is to be loaded or unloaded must be 

located so that each vessel to be loaded 

or unloaded has an unrestricted passage 

to open water. Each vessel must be 

moored bow to seaward, and must be 

maintained in a mobile status during 

loading, unloading, or handling 

operations by the presence of tugs or the 

readiness of engines. Each vessel must 

have two wire towing hawsers, each 

having an eye splice, lowered to the 

water’s edge, one at the bow and the 

other at the stern. 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 22. The authority citation for part 180 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 23. In § 180.209, revise paragraph 

(a)(1) introductory text to read as 

follows: 

§ 180.209 Requirements for requalification 

of specification cylinders. 

(a) Periodic qualification of cylinders. 

Each specification cylinder that 

becomes due for periodic 

requalification, as specified in the 

following table, must be requalified and 

marked in conformance with the 

requirements of this subpart. 

Requalification records must be 

maintained in accordance with 

§ 180.215. Table 1 follows: 

* * * * * 

■ 24. In § 180.407, revise paragraph 

(h)(2) to read as follows: 

§ 180.407 Requirements for test and 

inspection of specification cargo tanks. 

* * * * * 

(h) * * * 

(2) Cargo tanks used to transport 

petroleum distillate fuels that are 

equipped with vapor collection 

equipment may be leak tested in 

accordance with the Environmental 

Protection Agency’s ‘‘Method 27— 

Determination of Vapor Tightness of 

Gasoline Delivery Tank Using PressureVacuum Test,’’ as set forth in Appendix 

A to 40 CFR part 60. Test methods and 

procedures and maximum allowable 

pressure and vacuum changes are in 40 

CFR 63.425(e). The hydrostatic test 

alternative, using liquid in 

Environmental Protection Agency’s 

‘‘Method 27—Determination of Vapor 

Tightness of Gasoline Delivery Tank 

Using Pressure-Vacuum Test,’’ may not 

be used to satisfy the leak testing 

requirements of this paragraph. The test 

must be conducted using air. 

* * * * * 

■ 25. In § 180.605, revise the heading to 

paragraph (h) to read as follows: 

§ 180.605 Requirements for periodic 

testing, inspection and repair of portable 

tanks. 

* * * * * 

(h) Pressure test procedures for 

specification 51, 56, 57, 60, IM or UN 

portable tanks. * * * 

* * * * * 

Issued in Washington, DC, on October 1, 

2009, under authority delegated in 49 CFR 

part 1. 

Cynthia Douglass, 

Acting Deputy Administrator, Pipeline and 

Hazardous Materials Safety Administration. 

[FR Doc. E9–24807 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–60–P 


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