Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 57001 

because they have carried a similar 

network program in the past. Affiliation 

agreements should not include 

provisions that impose monetary or 

non-monetary penalties on affiliates 

based on preemptions protected by the 

right-to-reject rule. Affiliation 

agreements should not include 

provisions that subject right-to-reject 

preemptions to, or count them against, 

contractual preemption limits (or 

‘‘baskets’’) (though baskets are perfectly 

appropriate for preemptions not 

protected by the right-to-reject rule). 

C. Option-Time Rule 

9. The Commission’s option-time rule 

proscribes any clause in an affiliation 

agreement that ‘‘prevents or hinders the 

station from scheduling programs before 

the network agrees to utilize the time 

during which such programs are 

scheduled, or which requires the station 

to clear time already scheduled when 

the network organization seeks to utilize 

the time.’’ In its Petition, NASA argued 

that certain contract provisions, with 

respect to both analog and digital 

broadcasting, violated the option-time 

rule by allowing networks to reserve an 

option to use an affiliate’s broadcast 

time without committing to supply 

programming for the optioned time. To 

clarify the reciprocal obligations of 

networks and affiliates under the 

Commission’s option-time rule, we 

affirm that the following principles set 

forth in the Joint Request are consistent 

with the Act and our rules: 

• Consistent with the option-time 

rule, affiliation agreements should not 

include provisions that result in the 

optioning of the station’s time to the 

network organization or that have the 

same restraining effect as time 

optioning. Network affiliation 

agreements may not, under the 

Commission’s option-time rule, obligate 

stations to carry a network’s 

programming or other content during 

certain time periods without 

reciprocally obligating the network to 

provide the content for those time 

periods. Similarly, network affiliation 

agreements may not require affiliates to 

carry, at some unspecified future date, 

unspecified digital content that the 

network may (or may not) choose to 

offer. 

IV. Ordering Clauses 

10. Accordingly, it is ordered that the 

Network Affiliated Stations Alliance’s 

Motion for Declaratory Ruling filed June 

22, 2001 is granted in part as discussed 

above. 

11. It is further ordered that the Joint 

Request is granted and that this 

proceeding is terminated. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–23152 Filed 9–30–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 175, 176, 

178, 179, and 180 

[Docket No. PHMSA–2008–0227 (HM–244A)] 

RIN 2137–AE40 

Hazardous Materials Regulations: 

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 

clarification, improves the clarity of 

certain provisions in the Hazardous 

Materials Regulations (HMR). 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. 

DATES: Effective date: October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Eileen Edmonson, 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 

PHMSA annually reviews the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171–180) to identify 

typographical and other errors, outdated 

addresses or other contact information, 

and similar errors. In this final rule, we 

are correcting typographical errors; 

incorrect CFR references and citations; 

an incorrect address; inaccurate office 

names; inconsistent use of terminology; 

misstatements of certain regulatory 

requirements; and inadvertent 

omissions of information. In addition, 

this final rule revises the address for 

PHMSA to indicate the new location for 

the headquarters office. 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 Title 49. 

II. Section by Section Review 

The following is a summary by 

section of the major changes made in 

this final rule. The summary does not 

include minor editorial corrections such 

as punctuation errors, or similar minor 

revisions. 

Part 171 

Section 171.3 

This section prescribes requirements 

for transporting hazardous waste under 

the HMR. Paragraph (b)(1) requires each 

motor vehicle to be marked in 

accordance with 49 CFR 390.21 and 

1058.2. Because § 1058.2 no longer 

exists, in this final rule we are removing 

this reference in paragraph (b)(1). 

Section 171.7 

Paragraph (a) of § 171.7 lists materials 

incorporated by reference into the HMR. 

In paragraph (a)(3), we are correcting the 

mailing address for the American 

Pyrotechnic Association. 

Paragraph (b) of § 171.7 lists 

information materials that are not 

incorporated by reference. In a final rule 

published on January 28, 2008 (Docket 

No. 05–21812 (HM–218D); 73 FR 4699, 

effective October 1, 2008), we added in 

paragraph (b) an entry for the 

Compressed Gas Association’s (CGA’s) 

publication, CGA C–1.1 in § 171.7(b). A 

new paragraph (g)(6) in § 180.205 listed 

CGA C–1.1 as an example of training 

material that may be used by persons 

who requalify cylinders using the 

volumetric expansion test method. 

Following the publication of the HM– 

215D final rule, we received an appeal 

from Hydro-Test (PHMSA–2005–21812– 

0025) asking us to either remove this 

reference to CGA C–1.1 or add examples 

of other training materials that may be 

used. Hydro-Test noted that referencing 

only the CGA publication in the HMR 

could suggest that other training 

materials are not acceptable. We added 

CGA C–1.1 as an example of guidance 

material that may be used to assist 

requalifiers in setting up their cylinder 

training procedures and recordkeeping 

requirements. The publication is not a 

stand alone tool for training persons on 

how to perform requalification of 

cylinders using the volumetric 

expansion test method. However, to 

alleviate confusion for cylinder 

requalifiers, in this final rule, we are 

removing the new entry for CGA C–1.1 

from § 171.7(b) and paragraph (g)(6) 

from § 180.205. 


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Section 171.8 

This section contains definitions for 

terms used in the HMR. We 

inadvertently omitted replacing the 

name ‘‘Diagnostic specimens’’ with the 

name ‘‘Biological substances, category 

B’’ when we revised the HMR to 

harmonize its infectious substance 

requirements with international 

requirements and removed the name 

‘‘Diagnostic specimens’’ under Docket 

No. PHMSA–2004–16895 (HM–226A; 

71 FR 32244, 6/2/06). In this final rule, 

we are correcting this oversight. Also, 

we are revising the definitions for 

‘‘Elevated temperature material’’ and 

‘‘Liquid phase’’ to specify the metric 

conversion of 100 °F as 38 °C for 

consistency throughout the HMR and 

with that specified in the American 

Society for Testing and Materials 

(ASTM) Standard ASTM D 4359, 

‘‘Standard Test Method for Determining 

Whether a Material is a Liquid or a 

Solid,’’ which the HMR incorporates by 

reference under § 171.7. 

Section 171.23 

This section prescribes requirements 

for specific materials and packagings 

transported under the International 

Civil Aviation Organization’s Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions), 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). In this 

final rule, we are revising paragraph 

(a)(3)(iii) to correct the reference ‘‘(a)(3)’’ 

to ‘‘(a)(4).’’ 

Section 171.25 

This section prescribes additional 

requirements for the use of the IMDG 

Code under the HMR. In this final rule, 

we are correcting several inadvertent 

errors in this section. In paragraph 

(b)(1), we are revising the regulatory text 

to clarify that the segregation 

requirements in Part 7 of the IMDG 

Code may be utilized for both rail and 

highway transportation. The rail mode 

was inadvertently removed in the 

printing of the HM–215F final rule 

published on May 3, 2007. We are also 

correcting the word ‘‘subpart’’ to read 

‘‘subchapter’’ in the second sentence of 

this paragraph, and the reference to 

‘‘Part 7, Chapter 2,’’ of the IMDG Code 

to read ‘‘Part 7, Chapter 7.2’’ in the last 

sentence. In paragraph (b)(2), we are 

clarifying that the paragraph applies to 

transportation by vessel. 

Part 172 

In the heading to Part 172, we are 

adding the words ‘‘Security Plans’’ to 

reflect the security plan requirements in 

Subpart I of Part 172. 

Section 172.201 

This section prescribes requirements 

on the preparation and retention of 

shipping papers. Paragraph (a)(1)(iii) is 

corrected to clarify the use of the letter 

‘‘X’’ to identify hazardous materials on 

a shipping paper. The clarification 

allows the letter ‘‘X’’ to be placed in a 

column titled ‘‘HM’’ appearing before 

the basic shipping description instead 

of the proper shipping name of a 

hazardous material to recognize that the 

identification number may appear first 

in the basic shipping description as 

provided in § 172.202(b). 

Section 172.202 

This section prescribes requirements 

for shipping descriptions on shipping 

papers. In paragraphs (a)(5) and 

(a)(6)(ii), we are inserting the U.S. 

standard measurement conversions after 

the metric measurements for clarity. 

Section 172.203 

This section prescribes additional 

description requirements for hazardous 

materials on shipping papers. In this 

final rule, we are correcting the 

examples provided in this section as 

follows: 

• We are revising paragraph (c)(2) to 

reflect in the example the basic shipping 

description sequence prescribed in 

§ 172.202(b), with the UN identification 

number appearing first, and to correct 

the example of the basic description for 

‘‘Allyl alcohol’’ to state that this 

material is a Zone B toxic inhalation 

hazard. 

• We are revising paragraph (d)(1) to 

correct the spelling of the word 

‘‘radionuclides’’ in the second sentence. 

• We are revising paragraph (i)(2), 

which contains additional shipping 

paper description requirements for 

flammable liquids transported by vessel, 

to reflect a flash point at 60 °C (140 °F) 

in place of 61 °C for consistency with 

the provisions contained in 49 CFR 

173.120(a) and paragraph 5.4.1.4.3 of 

the IMDG Code. 

• Paragraph (k) requires the use of a 

technical name with a proper shipping 

name designated as generic with the 

letter ‘‘G’’ in Column 1 of the § 172.101 

Table. We are making a minor editorial 

revision to the last sentence in 

paragraph (k) and adding two new 

sentences to refer readers to the 

definition of ‘‘Technical name’’ in 

§ 171.8 and to other relevant 

information in § 172.301. 

Section 172.320 

This section prescribes the marking 

requirements for explosive hazardous 

materials. In paragraph (b), we are 

correcting the reference to the regulation 

requiring a product code for commercial 

explosives from ‘‘27 CFR part 55’’ to 

read ‘‘27 CFR part 555.’’ 

In addition, we are removing current 

paragraph (e)(4), which contains an 

expired transitional provision, and 

redesignating current paragraph (e)(5) as 

paragraph (e)(4). 

Section 172.704 

This section prescribes training 

requirements for hazmat employees. In 

paragraph (a)(2)(ii), we are revising the 

reference to ‘‘§§ 171.11 and 171.12’’ to 

read ‘‘authorized by subpart C of part 

171 of this subchapter’’ to be consistent 

with revisions adopted in the final rule 

issued under Docket No. PHMSA–2005– 

24131 (HM–215F, 72 FR 25162, 3/5/07). 

Part 173 

Section 173.21 

This section prescribes the hazardous 

materials and packages that are 

forbidden in transportation. In this final 

rule, we are revising paragraph (f)(3) to 

clearly state that approvals issued by the 

Bureau of Explosives are no longer 

valid. 

Section 173.25 

This section prescribes requirements 

for transporting hazardous materials 

packages in overpacks. In this final rule, 

we are removing the second sentence in 

paragraph (a)(4) because it contains an 

expired compliance date. 

Section 173.219 

This section prescribes requirements 

for transporting life-saving appliances 

and matches. In this final rule, we are 

amending paragraph (a) by replacing the 

word ‘‘movement’’ with ‘‘shifting’’ to 

clarify the devices must be placed in 

inner packagings that are packed in 

outer packagings in a manner to prevent 

the devices from shifting within the 

outer packaging. 

Section 173.227 

This section prescribes requirements 

for packaging poisonous-by-inhalation 

materials, in Division 6.1, Packing 

Group I, Hazard Zone B. We are revising 

paragraph (b) to include UN 6HH1 

composite packagings with an inner 

protective plastic drum. This revision 

was inadvertently omitted in a final rule 

issued under Docket No. RSPA–04– 


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17036 (HM–215G, 69 FR 76043, 12/20/ 

04). 

Section 173.308 

This section sets forth requirements 

for the transportation of lighters. In this 

final rule, we are revising paragraph 

(b)(3)(ii) to specify the metric 

conversion of 100 °F as 38 °C for 

consistency throughout the HMR. 

Part 175 

Section 175.30 

This section prescribes requirements 

for inspecting hazardous materials 

shipments aboard an aircraft. A 

capitalization error is corrected in 

paragraph (a)(2). In paragraph (a)(3), we 

are revising the reference to § 171.11 to 

read ‘‘as authorized by subpart C of part 

171 of this subchapter’’ to be consistent 

with the revisions adopted under HM– 

215F. 

Part 176 

Section 176.83 

This section prescribes segregation 

requirements for hazardous materials 

transported by vessel. In this final rule, 

we are revising paragraph (b) to clarify 

that although Column 1 of Table 

§ 176.83(b) is titled ‘‘Class,’’ it also lists 

certain hazard class divisions. 

Part 178 

Section 178.36 

This section contains the design and 

manufacture requirements for DOT 3A 

and 3AX seamless steel cylinders. In 

paragraph (a)(2), we are correcting the 

wording ‘‘seamless stainless steel 

cylinder’’ to remove the word stainless, 

and in the first sentence in paragraph 

(f), the wording ‘‘service pressure less 

than 900 pounds’’ to read ‘‘service 

pressure less than 900 psig’’. 

Section 178.275 

This section prescribes design and 

manufacture standards for UN portable 

tanks intended for the transportation of 

liquid and solid hazardous materials. In 

the HM–215G final rule, paragraph 

(i)(2), the introductory text was revised 

to clarify the combined delivery 

capacity of a UN portable tank’s relief 

system. However, the amendatory 

language incorrectly stated that 

paragraph (i)(2) was revised. As a result, 

all the vent capacity formulas and tables 

referenced in the paragraph were 

removed. We are reinstating paragraphs 

(i)(2)(i)–(iv) in this final rule. In 

addition, in paragraph (d)(3), the 

reference to ‘‘(c)(2)’’ is corrected to read 

‘‘(d)(2).’’ 

Section 178.605 

This section prescribes the 

hydrostatic test requirements for nonbulk UN standard packagings. In this 

final rule, we are relocating the last 

sentence in paragraph (d)(3) requiring 

the performance of a pressure test on 

packagings intended to contain Packing 

Group I hazardous materials at a 

minimum test pressure of 250 kPa (36 

psig) to paragraph (d) introductory text, 

preceding the list of methods contained 

in paragraphs (d)(1)–(d)(3). We are 

making this revision to clarify that this 

pressure test requirement applies 

regardless of the method chosen to 

determine the pressure. 

Part 179 

Section 179.400–18 

This section prescribes pressure test 

requirements for the inner tanks of 

DOT–113 and DOT–107A cryogenic 

liquid tank car tanks and seamless steel 

tanks. Paragraph (a) is revised to specify 

the metric conversion of 100 °F as 38 °C 

for consistency throughout the HMR. 

Part 180 

Section 180.209 

This section prescribes requirements 

for the periodic requalification of DOT 

specification cylinders. We are revising 

paragraph (l) introductory text to change 

‘‘§ 171.12a’’ to correctly reference 

§§ 171.12(a) and 171.23(a), and 

paragraph (l)(2) to correctly reference 

certain export requirements contained 

in § 171.23(a)(4). 

III. Regulatory Analyses and Notices 

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. 

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. 

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. 

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. 

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 $120.7 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. 

Paperwork Reduction Act 

There are no new information 

collection requirements in this final 

rule. 

Environmental Impact Analysis 

There are no environmental impacts 

associated with this final rule. 

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 


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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 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 175 

Hazardous materials transportation, 

Radioactive materials, Reporting and 

recordkeeping requirements. 

49 CFR Part 176 

Hazardous materials transportation, 

Maritime carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Motor vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 179 

Hazardous materials transportation, 

Packaging and containers, Railroad 

safety, 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 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

is revised 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. 

■ 2. In § 171.3, paragraph (b)(1) is 

revised to read as follows: 

§ 171.3 Hazardous waste. 

* * * * * 

(b) * * * 

(1) Has marked each motor vehicle 

used to transport hazardous waste in 

accordance with § 390.21 of this title 

even though placards may not be 

required; 

* * * * * 

■ 3. In § 171.7, in the table in paragraph 

(a)(3), in the first column, under 

‘‘American Pyrotechnics Association,’’ 

revise the organization’s mailing 

address to read as follows: 

§ 171.7 Reference material. 

(a) * * * 

(3) Table of material incorporated by 

reference. * * * 

Source and name of material 49 CFR reference 

* * * * * * * 

American Pyrotechnics Association (APA), P.O. Box 30438, Bethesda, MD 20824, 

(301) 907–8181, www.americanpyro.com: 

* * * * * * * 

* * * * * 

■ 4. In § 171.8, the definition for 

‘‘Diagnostic specimen’’ is removed, a 

definition for ‘‘Biological substance, 

category B’’ is added in appropriate 

alphabetical order, and the definitions 

for ‘‘Elevated temperature material’’ and 

‘‘Liquid phase’’ are revised to read as 

follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

Biological substances, Category B. See 

§ 173.134 of this subchapter. 

* * * * * 

Elevated temperature material means 

a material which, when offered for 

transportation or transported in a bulk 

packaging: 

(1) Is in a liquid phase and at a 

temperature at or above 100 °C (212 °F); 

(2) Is in a liquid phase with a flash 

point at or above 38 °C (100 °F) that is 

intentionally heated and offered for 

transportation or transported at or above 

its flash point; or 

(3) Is in a solid phase and at a 

temperature at or above 240 °C (464 °F). 

* * * * * 

Liquid phase means a material that 

meets the definition of liquid when 

evaluated at the higher of the 

temperature at which it is offered for 

transportation or at which it is 

transported, not at the 38 °C (100 °F) 

temperature specified in ASTM D 4359 

(IBR, see § 171.7). 

* * * * * 

■ 5. In § 171.23, paragraph (a)(3)(iii) is 

revised to read as follows: 

§ 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) * * * 

(3) * * * 

(iii) The cylinder is not refilled for 

export unless in compliance with 

paragraph (a)(4) of this section. 

* * * * * 

■ 6. In § 171.25, paragraphs (b)(1) and 

(b)(2) are revised to read as follows: 

§ 171.25 Additional requirements for the 

use of the IMDG Code. 

* * * * * 

(b) * * * 

(1) Unless otherwise excepted, a 

shipment must conform to the 

requirements in part 176 of this 

subchapter. For transportation by rail or 

highway prior to or subsequent to 

transportation by vessel, a shipment 

must conform to the applicable 

requirements of parts 174 and 177 

respectively, of this subchapter, and the 

motor vehicle or rail car must be 

placarded in accordance with subpart F 

of part 172 of this subchapter. When a 

hazardous material regulated by this 

subchapter for transportation by 

highway is transported by motor vehicle 


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on a public highway or by rail under the 

provisions of subpart C of part 171, the 

segregation requirements of Part 7, 

Chapter 7.2 of the IMDG Code are 

authorized. 

(2) For transportation by vessel, the 

stowage and segregation requirements in 

Part 7 of the IMDG Code may be 

substituted for the stowage and 

segregation requirements in part 176 of 

this subchapter. 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

■ 7. The authority citation for part 172 

continues to read as follows: 

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

CFR 1.53. 

■ 8. The heading to part 172 is revised 

to read as follows: 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 9. In § 172.201, paragraph (a)(1)(iii) is 

revised to read as follows: 

§ 172.201 Preparation and retention of 

shipping papers. 

(a) * * * 

(1) * * * 

(iii) Must be identified by the entry of 

an ‘‘X’’ placed before the basic shipping 

description required by § 172.202 in a 

column captioned ‘‘HM.’’ (The ‘‘X’’ may 

be replaced by ‘‘RQ,’’ if appropriate.) 

* * * * * 

■ 10. In § 172.202, paragraph (a)(5) 

introductory text and paragraph (a)(6)(ii) 

are revised to read as follows: 

§ 172.202 Description of hazardous 

material on shipping papers. 

(a) * * * 

(5) Except for transportation by 

aircraft, the total quantity of hazardous 

materials covered by the description 

must be indicated (by mass or volume, 

or by activity for Class 7 materials) and 

must include an indication of the 

applicable unit of measurement, for 

example, ‘‘200 kg’’ (440 pounds) or ‘‘50 

L’’ (13 gallons). The following 

provisions also apply: 

* * * * * 

(6) * * * 

(ii) For chemical kits and first aid kits, 

the total net mass of hazardous 

materials must be shown. Where the kits 

contain only liquids, or solids and 

liquids, the net mass of liquids within 

the kits is to be calculated on a 1 to 1 

basis, i.e., 1 L (0.3 gallons) equals 1 kg 

(2.2 pounds); 

* * * * * 

■ 11. In § 172.203, the following 

amendments are made: 

■ a. Paragraphs (c)(2), (d)(1), (i)(2), and 

the last sentence in paragraph (k) 

introductory text are revised, and 

■ b. At the end of paragraph (k) 

introductory text, two new sentences are 

added. 

The revisions and addition read as 

follows: 

§ 172.203 Additional description 

requirements. 

* * * * * 

(c) * * * 

(2) The letters ‘‘RQ’’ must be entered 

on the shipping paper either before or 

after the basic description required by 

§ 172.202 for each hazardous substance 

(see definition in § 171.8 of this 

subchapter). For example: ‘‘RQ, UN 

1098, Allyl alcohol, 6.1, I, Toxicinhalation hazard, Zone B’’; or ‘‘UN 

3077, Environmentally hazardous 

substances, solid, n.o.s., 9, III, RQ 

(Adipic acid)’’. 

(d) * * * 

(1) The name of each radionuclide in 

the Class 7 (radioactive) material that is 

listed in § 173.435 of this subchapter. 

For mixtures of radionuclides, the 

radionuclides required to be shown 

must be determined in accordance with 

§ 173.433(g) of this subchapter. 

Abbreviations, e.g., ‘‘99Mo,’’ are 

authorized. 

* * * * * 

(i) * * * 

(2) Minimum flash point if 60 °C 

(140 °F) or below (in °C closed cup 

(c.c.)) in association with the basic 

description. 

* * * * * 

(k) * * * A material classed as 

Division 6.2 and assigned identification 

number UN 2814 or UN 2900 that is 

suspected to contain an unknown 

Category A infectious substance must 

have the words ‘‘suspected Category A 

infectious substance’’ entered in 

parentheses in place of the technical 

name as part of the proper shipping 

description. For additional technical 

name options, see the definition for 

‘‘Technical name’’ in § 171.8. A 

technical name should not be marked 

on the outer package of a Division 6.2 

material (see § 172.301(b)). 

* * * * * 

■ 12. In § 172.320, paragraph (b) is 

revised, paragraph (e)(4) is removed, 

and paragraph (e)(5) is redesignated as 

(e)(4) to read as follows: 

§ 172.320 Explosive hazardous materials. 

* * * * * 

(b) Except for fireworks approved in 

accordance with § 173.56(j) of this 

subchapter, a package of Class 1 

materials may be marked, in lieu of the 

EX-number required by paragraph (a) of 

this section, with a national stock 

number issued by the Department of 

Defense or identifying information, such 

as a product code required by 

regulations for commercial explosives 

specified in 27 CFR part 555, if the 

national stock number or identifying 

information can be specifically 

associated with the EX-number 

assigned. 

* * * * * 

■ 13. In § 172.704, paragraph (a)(2)(ii) is 

revised to read as follows: 

§ 172.704 Training requirements. 

(a) * * * 

(2) * * * 

(ii) As an alternative to functionspecific training on the requirements of 

this subchapter, training relating to the 

requirements of the ICAO Technical 

Instructions and the IMDG Code may be 

provided to the extent such training 

addresses functions authorized by 

subpart C of part 171 of this subchapter. 

* * * * * 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 14. The authority citation for part 173 

is revised to read as follows: 

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

CFR 1.45, 1.53. 

■ 15. In § 173.21, paragraph (f)(3) 

introductory text is revised to read as 

follows: 

§ 173.21 Forbidden materials and 

packages. 

* * * * * 

(f) * * * 

(3) Refrigeration may be used as a 

means of stabilization only when 

approved by the Associate 

Administrator. Approvals issued by the 

Bureau of Explosives are no longer valid 

(see § 171.19 of this subchapter). 

Methods of stabilization approved by 

the Associate Administrator are as 

follows: * * * 

* * * * * 

■ 16. In § 173.25, paragraph (a)(4) is 

revised to read as follows: 

§ 173.25 Authorized packagings and 

overpacks. 

(a) * * * 


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(4) The overpack is marked with the 

word ‘‘OVERPACK’’ when specification 

packagings are required, unless 

specification markings on the inside 

packages are visible. 

* * * * * 

■ 17. In § 173.27, the headings of 

paragraphs (b), (c), (d), (e), (f) and (g) are 

revised to read as follows: 

§ 173.27 General requirements for 

transportation by aircraft. 

* * * * * 

(b) Packages authorized onboard 

aircraft. * * * 

(c) Pressure requirements. * * * 

(d) Closures. * * * 

(e) Absorbent materials. * * * 

(f) Combination packagings. * * * 

(g) Cylinders. * * * 

* * * * * 

■ 18. In § 173.219, paragraph (a) is 

revised to read as follows: 

§ 173.219 Life-saving appliances. 

(a) A life-saving appliance, selfinflating or non-self-inflating, 

containing small quantities of hazardous 

materials that are required as part of the 

life-saving appliance must conform to 

the requirements of this section. 

Packagings must conform to the general 

packaging requirements of subpart B of 

this part but need not conform to the 

requirements of part 178 of this 

subchapter. The appliances must be 

packed, so that they cannot be 

accidentally activated and, except for 

life vests, the hazardous materials must 

be in inner packagings packed so as to 

prevent shifting within the outer 

packaging. The hazardous materials 

must be an integral part of the appliance 

and in quantities that do not exceed 

those appropriate for the actual 

appliance when in use. 

* * * * * 

■ 19. In § 173.227, the heading and the 

first sentence in paragraph (b) 

introductory text is revised to read as 

follows: 

§ 173.227 Materials poisonous by 

inhalation, Division 6.1, Packing Group I, 

Hazard Zone B. 

* * * * * 

(b) 1A1, 1B1, 1H1, 1N1, 6HA1, or 

6HH1 drums further packed in a 1A2 or 

1H2 drum. Both the inner and outer 

drums must conform to the performance 

test requirements of subpart M of part 

178 of this subchapter at the Packing 

Group I performance level. * * * 

* * * * * 

■ 20. In § 173.308, paragraph (b)(3)(ii) is 

revised to read as follows: 

§ 173.308 Lighters. 

* * * * * 

(b) * * * 

(3) * * * 

(ii) After weighing, place the lighters 

together in an explosion-proof, 

controlled-temperature laboratory oven 

capable of maintaining 38 ± 1°C (100 ± 

2°F) for 96 continuous hours (4 days). 

At the end of 96 hours, remove the 

lighters from the oven and place them 

in the same desiccator and allow the 

lighters to cool to ambient temperature. 

* * * * * 

PART 175—CARRIAGE BY AIRCRAFT 

■ 21. The authority citation for part 175 

continues to read as follows: 

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

CFR 1.45 and 1.53. 

■ 22. In § 175.30, paragraphs (a)(2) and 

(a)(3) are revised to read as follows: 

§ 175.30 Inspecting shipments. 

(a) * * * 

(2) Described and certified on a 

shipping paper prepared in duplicate in 

accordance with part 172 of this 

subchapter or as authorized by subpart 

C of part 171 of this subchapter. See 

§ 175.33 for shipping paper retention 

requirements; 

(3) Marked and labeled in accordance 

with subparts D and E of part 172 or as 

authorized by subpart C of part 171 of 

this subchapter, and placarded (when 

required) in accordance with subpart F 

of part 172 of this subchapter; and 

* * * * * 

■ 23. In § 175.33, paragraph (a)(6) is 

revised to read as follows: 

§ 175.33 Shipping paper and notification of 

pilot-in-command. 

(a) * * * 

(6) For Class 7 (radioactive) materials, 

the number of packages, overpacks or 

freight containers, their category, 

transport index (if applicable), and their 

location aboard the aircraft; 

* * * * * 

PART 176—CARRIAGE BY VESSEL 

■ 24. The authority citation for part 176 

is revised to read as follows: 

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

1.53. 

■ 25. In § 176.2, the definitions for 

‘‘Explosive article’’ and ‘‘INF cargo’’ are 

revised to read as follows: 

§ 176.2 Definitions. 

* * * * * 

Explosive article means an article or 

device that contains one or more 

explosive substances. Individual 

explosive substances are identified in 

column 17 of the Dangerous Goods List 

in the IMDG Code (IBR, see § 171.7 of 

this subchapter). 

* * * * * 

INF cargo means packaged irradiated 

nuclear fuel, plutonium or high-level 

radioactive wastes as those terms are 

defined in the ‘‘International Code for 

the Safe Carriage of Packaged Irradiated 

Nuclear Fuel, Plutonium and HighLevel Radioactive Wastes on Board 

Ships’’ (INF Code) contained in the 

IMDG Code. 

* * * * * 

■ 26. In § 176.83, paragraph (b) 

introductory text is revised to read as 

follows: 

§ 176.83 Segregation. 

* * * * * 

(b) General Segregation Table. The 

following table sets forth the general 

requirements for segregation between 

the various classes (divisions) of 

hazardous materials. Certain divisions 

are listed as separate hazard classes for 

the purpose of this table (e.g., ‘‘2.1’’ and 

‘‘2.2’’). The properties of materials 

within each class may vary greatly and 

may require greater segregation than is 

reflected in this table. If the § 172.101 

Table sets forth particular requirements 

for segregation, they take precedence 

over these general requirements. 

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 27. The authority citation for part 178 

is revised to read as follows: 

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

1.53. 

■ 28. In § 178.36, paragraph (a)(2) 

introductory text and the first sentence 

in paragraph (f) are revised to read as 

follows: 

§ 178.36 Specification 3A and 3AX 

seamless steel cylinders. 

(a) * * * 

(2) A DOT–3AX is a seamless steel 

cylinder with a water capacity not less 

than 1,000 pounds and a service 

pressure of at least 500 psig, conforming 

to the following requirements: 

* * * 

* * * * * 

(f) Wall thickness. For cylinders with 

service pressure less than 900 psig, the 

wall stress may not exceed 24,000 psig. 

* * * 

* * * * * 

■ 29. In § 178.275, paragraph (d)(3) 

introductory text and paragraph (i)(2) 

are revised to read as follows: 


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§ 178.275 Specification for UN portable 

tanks intended for the transportation of 

liquid and solid hazardous materials. 

* * * * * 

(d) * * * 

(3) Except as provided in paragraph 

(d)(2) of this section, every bottom 

discharge outlet must be equipped with 

three serially fitted and mutually 

independent shut-off devices. The 

design of the equipment must include: 

* * * 

* * * * * 

(i) * * * 

(2) The combined delivery capacity of 

the pressure relief system (taking into 

account the reduction of the flow when 

the portable tank is fitted with frangiblediscs preceding spring-loaded pressurerelief devices or when the spring-loaded 

pressure-relief devices are provided 

with a device to prevent the passage of 

the flame), in condition of complete fire 

engulfment of the portable tank must be 

sufficient to limit the pressure in the 

shell to 20% above the start to discharge 

pressure limiting device (pressure relief 

device). The total required capacity of 

the relief devices may be determined 

using the formula in paragraph 

(i)(2)(i)(A) of this section or the table in 

paragraph (i)(2)(iii) of this section. 

(i)(A) To determine the total required 

capacity of the relief devices, which 

must be regarded as being the sum of 

the individual capacities of all the 

contributing devices, the following 

formula must be used: 

Q FA

LC

ZT

M = 12 4

0 82

.

.

Where: 

Q = minimum required rate of discharge in 

cubic meters of air per second (m3/s) at 

conditions: 1 bar and 0 °C (273 °K); 

F = for uninsulated shells: 1; for insulated 

shells: U(649¥t)/13.6 but in no case is 

less than 0.25 

Where: 

U = thermal conductance of the insulation, 

in kW m¥2K¥1, at 38 °C (100 °F); and t 

= actual temperature of the hazardous 

material during filling (in °C) or when 

this temperature is unknown, let t = 15 

°C (59 °F). The value of F given in this 

paragraph (i)(2)(i)(A) for insulated shells 

may only be used if the insulation is in 

conformance with paragraph (i)(2)(iv) of 

this section; 

A = total external surface area of shell in 

square meters; 

Z = the gas compressibility factor in the 

accumulating condition (when this factor 

is unknown, let Z equal 1.0); 

T = absolute temperature in Kelvin (°C + 273) 

above the pressure relief devices in the 

accumulating condition; 

L = the latent heat of vaporization of the 

liquid, in kJ/kg, in the accumulating 

condition; 

M = molecular weight of the hazardous 

material. 

(B) The constant C, as shown in the 

formula in paragraph (i)(2)(i)(A) of this 

section, is derived from one of the 

following formulas as a function of the 

ratio k of specific heats: 

k =

c

c

p

v

Where: 

cp is the specific heat at constant pressure; 

and 

cv is the specific heat at constant volume. 

(C) When k >1: 

C k

k

k

k

= +





 





+

2 −

1

1

1

(D) When k = 1 or k is unknown, a 

value of 0.607 may be used for the 

constant C. C may also be taken from the 

following table: 

C CONSTANT VALUE TABLE

k C 

1.00 0.607 

1.02 0.611 

1.04 0.615 

1.06 0.620 

1.08 0.624 

1.10 0.628 

1.12 0.633 

1.14 0.637 

1.16 0.641 

1.18 0.645 

1.20 0.649 

1.22 0.652 

1.24 0.656 

1.26 0.660 

1.28 0.664 

1.30 0.667 

1.32 0.671 

1.34 0.674 

1.36 0.678 

1.38 0.681 

1.40 0.685 

1.42 0.688 

1.44 0.691 

1.46 0.695 

1.48 0.698 

1.50 0.701 

1.52 0.704 

1.54 0.707 

1.56 0.710 

1.58 0.713 

1.60 0.716 

1.62 0.719 

1.64 0.722 

1.66 0.725 

1.68 0.728 

1.70 0.731 

2.00 0.770 

2.20 0.793 

(ii) As an alternative to the formula in 

paragraph (i)(2)(i)(A) of this section, 

relief devices for shells used for 

transporting liquids may be sized in 

accordance with the table in paragraph 

(i)(2)(iii) of this section. The table in 

paragraph (i)(2)(iii) of this section 

assumes an insulation value of F = 1 

and must be adjusted accordingly when 

the shell is insulated. Other values used 

in determining the table in paragraph 

(i)(2)(iii) of this section are: L = 334.94 

kJ/kg; M = 86.7; T = 394 °K; Z = 1; and 

C = 0.607. 

(iii) Minimum emergency vent 

capacity, Q, in cubic meters of air per 

second at 1 bar and 0 °C (273 °K) shown 

in the following table: 

MINIMUM EMERGENCY VENT CAPACITY

[Q Values] 

A 

Exposed 

area 

(square 

meters) 

Q 

(Cubic 

meters 

of air per 

second) 

A 

Exposed 

area 

(square 

meters) 

Q 

(Cubic 

meters 

of air per 

second) 

2 0.230 37.5 2.539 

3 0.320 40 2.677 

4 0.405 42.5 2.814 

5 0.487 45 2.949 

6 0.565 47.5 3.082 

7 0.641 50 3.215 

8 0.715 52.5 3.346 

9 0.788 55 3.476 

10 0.859 57.5 3.605 

12 0.998 60 3.733 

14 1.132 62.5 3.860 

16 1.263 65 3.987 

18 1.391 67.5 4.112 

20 1.517 70 4.236 

22.5 1.670 75 4.483 

25 1.821 80 4.726 

27.5 1.969 85 4.967 

30 2.115 90 5.206 

32.5 2.258 95 5.442 

35 2.400 100 5.676 

(iv) Insulation systems, used for the 

purpose of reducing venting capacity, 

must be specifically approved by the 

approval agency. In all cases, insulation 

systems approved for this purpose 

must— 

(A) Remain effective at all 

temperatures up to 649 °C (1200 °F); and 

(B) Be jacketed with a material having 

a melting point of 700 °C (1292 °F) or 

greater. 

* * * * * 

■ 30. In § 178.605, paragraph (d) 

introductory text, and paragraph (d)(3) 

are revised to read as follows: 

§ 178.605 Hydrostatic pressure test. 

* * * * * 

(d) Test method and pressure to be 

applied. Metal packagings and 

composite packagings other than plastic 

(e.g., glass, porcelain or stoneware), 

including their closures, must be 

subjected to the test pressure for 5 

minutes. Plastic packagings and 


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57008 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

composite packagings (plastic material), 

including their closures, must be 

subjected to the test pressure for 30 

minutes. This pressure is the one to be 

marked as required in § 178.503(a)(5). 

The receptacles must be supported in a 

manner that does not invalidate the test. 

The test pressure must be applied 

continuously and evenly, and it must be 

kept constant throughout the test 

period. In addition, packagings intended 

to contain hazardous materials of 

Packing Group I must be tested to a 

minimum test pressure of 250 kPa (36 

psig). The hydraulic pressure (gauge) 

applied, taken at the top of the 

receptacle, and determined by any one 

of the following methods must be: 

* * * * * 

(3) Not less than 1.5 times the vapor 

pressure at 55 °C (131 °F) of the material 

to be transported minus 100 kPa (15 

psi), but with a minimum test pressure 

of 100 kPa (15 psig). 

* * * * * 

■ 31. In § 178.700, paragraph (c)(1) is 

revised to read as follows: 

§ 178.700 Purpose, scope and definitions. 

(c) * * * 

(1) Body means the receptacle proper 

(including openings and their closures, 

but not including service equipment), 

that has a volumetric capacity of not 

more than three cubic meters (3,000 L, 

793 gallons, or 106 cubic feet) and not 

less than 0.45 cubic meters (450 L, 119 

gallons, or 15.9 cubic feet) or a 

maximum net mass of not less than 400 

kg (882 pounds). 

* * * * * 

■ 32. In § 178.801, paragraph (c)(1) is 

revised to read as follows: 

§ 178.801 General requirements. 

* * * * * 

(c) * * * 

(1) IBC design type refers to an IBC 

that does not differ in structural design, 

size, material of construction, wall 

thickness, manner of construction and 

representative service equipment. 

* * * * * 

PART 179—SPECIFICATIONS FOR 

TANK CARS 

■ 33. The authority citation for part 179 

is revised to read as follows: 

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

part 1.53. 

■ 34. In § 179.400–18, paragraph (a) is 

revised to read as follows: 

§ 179.400–18 Test of inner tank. 

(a) After all items to be welded to the 

inner tank have been welded in place, 

the inner tank must be pressure tested 

at the test pressure prescribed in 

§ 179.401–1. The temperature of the 

pressurizing medium may not exceed 

38 °C (100 °F) during the test. The inner 

tank must hold the prescribed pressure 

for a period of not less than ten minutes 

without leakage or distortion. In a 

pneumatic test, due regard for the 

protection of all personnel should be 

taken because of the potential hazard 

involved. After a hydrostatic test the 

container and piping must be emptied 

of all water and purged of all water 

vapor. 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 35. The authority citation for part 180 

is revised to read as follows: 

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

1.53. 

■ 36. In § 180.209, paragraphs (l) 

introductory text and (l)(2) are revised 

to read as follows: 

§ 180.209 Requirements for requalification 

of specification cylinders. 

* * * * * 

(l) Requalification of foreign cylinders 

filled for export. A cylinder 

manufactured outside the United States, 

other than as provided in §§ 171.12(a) 

and 171.23(a) of this subchapter, that 

has not been manufactured, inspected, 

tested and marked in accordance with 

part 178 of this subchapter may be filled 

with compressed gas in the United 

States, and shipped solely for export if 

it meets the following requirements, in 

addition to other requirements of this 

subchapter: 

(1) * * * 

(2) It is offered for transportation in 

conformance with the requirements of 

§ 171.12(a)(4) or § 171.23(a)(4) of this 

subchapter. 

* * * * * 

Issued in Washington, DC, on September 

23, 2008, under authority delegated in 49 

CFR part 1. 

Carl T. Johnson, 

Administrator. 

[FR Doc. E8–22743 Filed 9–30–08; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 172 

Hazardous Materials Table, Special 

Provisions, Hazardous Materials 

Communications, Emergency 

Response Information, and Training 

Requirements 

CFR Correction 

In title 49 of the Code of Federal 

Regulations, part 172, revised as of 

October 1, 2007, beginning on page 132, 

in § 172.101 the following corrections 

are made to the Hazardous Materials 

Table: 

1. The first entry for Amines, 

flammable, corrosive, n.o.s. or 

Polyamines, flammable corrosive, n.o.s. 

UN2733 is removed. 

2. The entry for Amines, liquid, 

corrosive, flammable n.o.s. or 

Polyamines, liquid corrosive, flammable 

n.o.s. UN2734 PG I is reinstated above 

the second PG II entry in UN2733. 

3. The entry for Calcium UN1401 is 

reinstated. 

4. In Caustic alkali liquids, n.o.s. 

UN1719, ‘‘, 52’’ is added to both entries 

after the number ‘‘29’’. 

5. The entry for Chromosulfuric acid 

UN2240 is reinstated. 

6. The second entry for Lighters 

containing flammable gas UN1057 is 

removed. 

7. In the entry for Methylhydrazine 

UN1244, ‘‘49, 52 and 100’’ are added in 

the last column. 

8. The entry for Organometallic 

substance solid, water reactive UN3395 

is reinstated. 

The reinstated text reads as follows: 

§ 172.101 Special provisions. 

* * * * * 


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