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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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 57009 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

Symbols 

Hazardous materials 

descriptions and proper 

shipping names 

Hazard 

class or Division 

Identification Numbers PG Label Codes Special provi- sions (§ 172.102) 

(8) (9) (10) 

Packaging Quantity limitations 

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

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

* * * * * 

................ Amines, liquid, corrosive, flammable 

n.o.s. or Polyamines, 

liquid corrosive, flammable n.o.s.

8 UN2734 I 8,3 A3, A6, N34, 

T14, TP2, TP27 

None 201 243 0.5L 2.5L A 52 

* * * * * 

................ Calcium ....................... 4.3 UN1401 II 4.3 IB7, IP2, T3, 

TP33 

151 212 241 15 kg 50kg E 52 

* * * * * 

................ Chromosulfuric acid .... 8 UN2240 I 8 A3, A6, A7, B4, 

B6, N34, T10 

None 201 243 0.5L 2.5L B 40, 66, 

74, 89, 

90 

* * * * * 

................ Organometallic substance, solid, waterreactive. 4.3 UN3395 I 4.3 N40, T9, TP7, TP33 None 211 242 Forbidden Forbidden E 40, 52 

* * * * * 


ebenthall on PROD1PC60 with RULES
57010 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

[FR Doc. E8–23119 Filed 9–30–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 222 and 223 

[Docket No. 0809241260–81267–01] 

RIN 0648–XK78 

Sea Turtle Conservation; Shrimp 

Trawling Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS issues this temporary 

rule for a period of 30 days, to allow 

shrimp fishermen to use limited tow 

times as an alternative to Turtle 

Excluder Devices (TEDs) in state and 

Federal waters offshore of Louisiana 

(from the Mississippi/Louisiana 

boundary to the Texas/Louisiana 

boundary) extending offshore 20 

nautical miles. This action is necessary 

because environmental conditions 

resulting from Hurricanes Gustav and 

Ike are preventing some fishermen from 

using TEDs effectively. 

DATES: Effective from September 26, 

2008 through October 27, 2008. 

ADDRESSES: Requests for copies of the 

Environmental Assessment on this 

action should be addressed to the 

Assistant Regional Administrator, 

Protected Resources Division, NMFS, 

263 13th Avenue South, St. Petersburg, 

FL 33701. 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette, 727–551–5794. 

SUPPLEMENTARY INFORMATION: 

Background 

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the Endangered 

Species Act of 1973 (ESA). The Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) 

turtles are listed as endangered. The 

loggerhead (Caretta caretta) and green 

(Chelonia mydas) turtles are listed as 

threatened, except for breeding 

populations of green turtles in Florida 

and on the Pacific coast of Mexico, 

which are listed as endangered. 

Sea turtles are incidentally taken, and 

some are killed, as a result of numerous 

activities, including fishery-related 

trawling activities in the Gulf of Mexico 

and along the Atlantic seaboard. Under 

the ESA and its implementing 

regulations, the taking of sea turtles is 

prohibited, with exceptions identified 

in 50 CFR 223.206(d), or according to 

the terms and conditions of a biological 

opinion issued under section 7 of the 

ESA, or according to an incidental take 

permit issued under section 10 of the 

ESA. The incidental taking of turtles 

during shrimp or summer flounder 

trawling is exempted from the taking 

prohibition of section 9 of the ESA if the 

conservation measures specified in the 

sea turtle conservation regulations (50 

CFR 223) are followed. The regulations 

require most shrimp trawlers and 

summer flounder trawlers operating in 

the southeastern United States (Atlantic 

area, Gulf area, and summer flounder 

sea turtle protection area, see 50 CFR 

223.206) to have a NMFS-approved TED 

installed in each net that is rigged for 

fishing to allow sea turtles to escape. 

TEDs currently approved by NMFS 

include single-grid hard TEDs and 

hooped hard TEDs conforming to a 

generic description, the flounder TED, 

and one type of soft TED the Parker soft 

TED (see 50 CFR 223.207). 

TEDs incorporate an escape opening, 

usually covered by a webbing flap, 

which allows sea turtles to escape from 

trawl nets. To be approved by NMFS, a 

TED design must be shown to be 97 

percent effective in excluding sea turtles 

during testing based upon specific 

testing protocols (50 CFR 223.207(e)(1)). 

Most approved hard TEDs are described 

in the regulations (50 CFR 223.207(a)) 

according to generic criteria based upon 

certain parameters of TED design, 

configuration, and installation, 

including height and width dimensions 

of the TED opening through which the 

turtles escape. 

The regulations governing sea turtle 

take prohibitions and exemptions 

provide for the use of limited tow times 

as an alternative to the use of TEDs for 

vessels with certain specified 

characteristics or under certain special 

circumstances. The provisions of 50 

CFR 223.206(d)(3)(ii) specify that the 

NOAA Assistant Administrator for 

Fisheries (AA) may authorize 

compliance with tow time restrictions 

as an alternative to the TED requirement 

if the AA determines that the presence 

of algae, seaweed, debris, or other 

special environmental conditions in a 

particular area makes trawling with 

TED-equipped nets impracticable. The 

provisions of 50 CFR 223.206(d)(3)(i) 

specify the maximum tow times that 

may be used when tow time limits are 

authorized as an alternative to the use 

of TEDs. Each tow may be no more than 

55 minutes from April 1 through 

October 31 and no more than 75 

minutes from November 1 through 

March 31, as measured from the time 

that the trawl doors enter the water until 

they are removed from the water. These 

tow time limits are designed to 

minimize the level of mortality of sea 

turtles that are captured by trawl nets 

not equipped with TEDs. 

Recent Events 

On September 5 and 15, 2008, the 

NMFS Southeast Regional 

Administrator received requests from 

the Louisiana Department of Wildlife 

and Fisheries (LDWF) and the 

Mississippi Department of Marine 

Resources (MDMR), respectively, to 

allow the use of tow times as an 

alternative to turtle excluder devices 

(TEDs) in state and Federal waters 

because of excessive storm-related 

debris on the fishing grounds as a result 

of Hurricanes Gustav and Ike. When a 

TED is clogged with debris, it can no 

longer catch shrimp effectively nor can 

it effectively exclude turtles. Phone 

conversations between NMFS Southeast 

Region’s Protected Resources staff, 

fishermen, and the states’ resource 

agency staffs confirm there are problems 

with debris in state and Federal waters 

off Louisiana (from the Mississippi/ 

Louisiana boundary to the Texas/ 

Louisiana boundary) extending offshore 

20 nautical miles, which are likely to 

affect the effectiveness of TEDs; 

discussions between NMFS Southeast 

Region’s Protected Resources staff, 

fishermen, and the states’ resource 

agency staffs, and a survey of 

Mississippi waters found no significant 

remaining issues stemming from stormrelated debris on the shrimp fishing 

grounds. Louisiana has stated that their 

marine enforcement agents will enforce 

the tow time restrictions. 

Special Environmental Conditions 

The AA finds that debris washed into 

hurricane-affected state and Federal 

waters off of Louisiana (from the 

Mississippi/Louisiana boundary to the 

Texas/Louisiana boundary), extending 

offshore 20 nautical miles, has created 

special environmental conditions that 

make trawling with TED-equipped nets 

impracticable. Therefore, the AA issues 

this notification to authorize the use of 

restricted tow times as an alternative to 

the use of TEDs in state and Federal 

waters off of Louisiana (from the 

Mississippi/Louisiana boundary to the 

Texas/Louisiana boundary) extending 

offshore 20 nautical miles, for a period 

of 30 days. Tow times must be limited 

to no more than 55 minutes measured 

from the time trawl doors enter the 


ebenthall on PROD1PC60 with RULES