[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Rules and Regulations]
[Pages 57001-57008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22743]


=======================================================================
-----------------------------------------------------------------------

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CFR parts 171-180) to identify typographical and other errors, outdated 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 Sec.  
1058.2 no longer exists, in this final rule we are removing this 
reference in paragraph (b)(1).
Section 171.7
    Paragraph (a) of Sec.  171.7 lists materials incorporated by 
reference into the HMR. In paragraph (a)(3), we are correcting the 
mailing address for the American Pyrotechnic Association.
    Paragraph (b) of Sec.  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 Sec.  171.7(b). A new 
paragraph (g)(6) in Sec.  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 Sec.  171.7(b) and 
paragraph (g)(6) from Sec.  180.205.

[[Page 57002]]

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 [deg]F as 38 [deg]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 Sec.  
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 Sec.  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:
    <bullet> We are revising paragraph (c)(2) to reflect in the example 
the basic shipping description sequence prescribed in Sec.  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.
    <bullet> We are revising paragraph (d)(1) to correct the spelling 
of the word ``radionuclides'' in the second sentence.
    <bullet> 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 [deg]C 
(140 [deg]F) in place of 61 [deg]C for consistency with the provisions 
contained in 49 CFR 173.120(a) and paragraph 5.4.1.4.3 of the IMDG 
Code.
    <bullet> 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 Sec.  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 
Sec.  171.8 and to other relevant information in Sec.  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 ``Sec. Sec.  
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-

[[Page 57003]]

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 [deg]F as 38 [deg]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 Sec.  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 Sec.  
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 non-
bulk 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 [deg]F as 38 [deg]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 ``Sec.  171.12a'' to 
correctly reference Sec. Sec.  171.12(a) and 171.23(a), and paragraph 
(l)(2) to correctly reference certain export requirements contained in 
Sec.  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

[[Page 57004]]

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.


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

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
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.


0
2. In Sec.  171.3, paragraph (b)(1) is revised to read as follows:


Sec.  171.3  Hazardous waste.

* * * * *
    (b) * * *
    (1) Has marked each motor vehicle used to transport hazardous waste 
in accordance with Sec.  390.21 of this title even though placards may 
not be required;
* * * * *

0
3. In Sec.  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:


Sec.  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:
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
4. In Sec.  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:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Biological substances, Category B. See Sec.  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 
[deg]C (212 [deg]F);
    (2) Is in a liquid phase with a flash point at or above 38 [deg]C 
(100 [deg]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 [deg]C 
(464 [deg]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 [deg]C 
(100 [deg]F) temperature specified in ASTM D 4359 (IBR, see Sec.  
171.7).
* * * * *

0
5. In Sec.  171.23, paragraph (a)(3)(iii) is revised to read as 
follows:


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

* * * * *
    (a) * * *
    (3) * * *
    (iii) The cylinder is not refilled for export unless in compliance 
with paragraph (a)(4) of this section.
* * * * *

0
6. In Sec.  171.25, paragraphs (b)(1) and (b)(2) are revised to read as 
follows:


Sec.  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

[[Page 57005]]

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

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

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

0
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

0
9. In Sec.  172.201, paragraph (a)(1)(iii) is revised to read as 
follows:


Sec.  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 Sec.  172.202 in a column 
captioned ``HM.'' (The ``X'' may be replaced by ``RQ,'' if 
appropriate.)
* * * * *

0
10. In Sec.  172.202, paragraph (a)(5) introductory text and paragraph 
(a)(6)(ii) are revised to read as follows:


Sec.  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);
* * * * *

0
11. In Sec.  172.203, the following amendments are made:
0
a. Paragraphs (c)(2), (d)(1), (i)(2), and the last sentence in 
paragraph (k) introductory text are revised, and
0
b. At the end of paragraph (k) introductory text, two new sentences are 
added.
    The revisions and addition read as follows:


Sec.  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 Sec.  172.202 for 
each hazardous substance (see definition in Sec.  171.8 of this 
subchapter). For example: ``RQ, UN 1098, Allyl alcohol, 6.1, I, Toxic-
inhalation 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 Sec.  173.435 of this subchapter. For 
mixtures of radionuclides, the radionuclides required to be shown must 
be determined in accordance with Sec.  173.433(g) of this subchapter. 
Abbreviations, e.g., ``\99\Mo,'' are authorized.
* * * * *
    (i) * * *
    (2) Minimum flash point if 60 [deg]C (140 [deg]F) or below (in 
[deg]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 Sec.  171.8. A technical name should not be 
marked on the outer package of a Division 6.2 material (see Sec.  
172.301(b)).
* * * * *

0
12. In Sec.  172.320, paragraph (b) is revised, paragraph (e)(4) is 
removed, and paragraph (e)(5) is redesignated as (e)(4) to read as 
follows:


Sec.  172.320  Explosive hazardous materials.

* * * * *
    (b) Except for fireworks approved in accordance with Sec.  
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.
* * * * *

0
13. In Sec.  172.704, paragraph (a)(2)(ii) is revised to read as 
follows:


Sec.  172.704  Training requirements.

    (a) * * *
    (2) * * *
    (ii) As an alternative to function-specific 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

0
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.


0
15. In Sec.  173.21, paragraph (f)(3) introductory text is revised to 
read as follows:


Sec.  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 Sec.  171.19 of this 
subchapter). Methods of stabilization approved by the Associate 
Administrator are as follows: * * *
* * * * *

0
16. In Sec.  173.25, paragraph (a)(4) is revised to read as follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *

[[Page 57006]]

    (4) The overpack is marked with the word ``OVERPACK'' when 
specification packagings are required, unless specification markings on 
the inside packages are visible.
* * * * *

0
17. In Sec.  173.27, the headings of paragraphs (b), (c), (d), (e), (f) 
and (g) are revised to read as follows:


Sec.  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. * * *
* * * * *

0
18. In Sec.  173.219, paragraph (a) is revised to read as follows:


Sec.  173.219  Life-saving appliances.

    (a) A life-saving appliance, self-inflating 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.
* * * * *

0
19. In Sec.  173.227, the heading and the first sentence in paragraph 
(b) introductory text is revised to read as follows:


Sec.  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. * * *
* * * * *

0
20. In Sec.  173.308, paragraph (b)(3)(ii) is revised to read as 
follows:


Sec.  173.308  Lighters.

* * * * *
    (b) * * *
    (3) * * *
    (ii) After weighing, place the lighters together in an explosion-
proof, controlled-temperature laboratory oven capable of maintaining 38 
<plus-minus> 1[deg]C (100 <plus-minus> 2[deg]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

0
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.


0
22. In Sec.  175.30, paragraphs (a)(2) and (a)(3) are revised to read 
as follows:


Sec.  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 Sec.  
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
* * * * *

0
23. In Sec.  175.33, paragraph (a)(6) is revised to read as follows:


Sec.  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

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

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

0
25. In Sec.  176.2, the definitions for ``Explosive article'' and ``INF 
cargo'' are revised to read as follows:


Sec.  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 Sec.  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 High-Level Radioactive Wastes on Board 
Ships'' (INF Code) contained in the IMDG Code.
* * * * *

0
26. In Sec.  176.83, paragraph (b) introductory text is revised to read 
as follows:


Sec.  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 Sec.  172.101 Table sets forth particular requirements 
for segregation, they take precedence over these general requirements.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
27. The authority citation for part 178 is revised to read as follows:

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


0
28. In Sec.  178.36, paragraph (a)(2) introductory text and the first 
sentence in paragraph (f) are revised to read as follows:


Sec.  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. * * *
* * * * *

0
29. In Sec.  178.275, paragraph (d)(3) introductory text and paragraph 
(i)(2) are revised to read as follows:

[[Page 57007]]

Sec.  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 frangible-discs preceding spring-loaded pressure-relief 
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:
[GRAPHIC] [TIFF OMITTED] TR01OC08.000

Where:

Q = minimum required rate of discharge in cubic meters of air per 
second (m\3\/s) at conditions: 1 bar and 0 [deg]C (273 [deg]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<SUP>-2</SUP>K<SUP>-1</SUP>, at 38 [deg]C (100 [deg]F); and t = 
actual temperature of the hazardous material during filling (in 
[deg]C) or when this temperature is unknown, let t = 15 [deg]C (59 
[deg]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 ([deg]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:
[GRAPHIC] [TIFF OMITTED] TR01OC08.001

Where:

cp is the specific heat at constant pressure; and
cv is the specific heat at constant volume.

    (C) When k >1:
    [GRAPHIC] [TIFF OMITTED] TR01OC08.002
    
    (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 [deg]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 [deg]C (273 [deg]K) shown in the following 
table:

                     Minimum Emergency Vent Capacity
                               [Q Values]
------------------------------------------------------------------------
                    Q (Cubic meters                      Q (Cubic meters
  A Exposed area       of air per      A Exposed area      of air per
 (square meters)        second)        (square meters)       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 [deg]C (1200 
[deg]F); and
    (B) Be jacketed with a material having a melting point of 700 
[deg]C (1292 [deg]F) or greater.
* * * * *

0
30. In Sec.  178.605, paragraph (d) introductory text, and paragraph 
(d)(3) are revised to read as follows:


Sec.  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

[[Page 57008]]

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 Sec.  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 [deg]C (131 
[deg]F) of the material to be transported minus 100 kPa (15 psi), but 
with a minimum test pressure of 100 kPa (15 psig).
* * * * *

0
31. In Sec.  178.700, paragraph (c)(1) is revised to read as follows:


Sec.  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).
* * * * *

0
32. In Sec.  178.801, paragraph (c)(1) is revised to read as follows:


Sec.  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

0
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.


0
34. In Sec.  179.400-18, paragraph (a) is revised to read as follows:


Sec.  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 Sec.  179.401-1. The temperature of the pressurizing 
medium may not exceed 38 [deg]C (100 [deg]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

0
35. The authority citation for part 180 is revised to read as follows:

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


0
36. In Sec.  180.209, paragraphs (l) introductory text and (l)(2) are 
revised to read as follows:


Sec.  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 Sec. Sec.  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 Sec.  171.12(a)(4) or Sec.  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