Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53593 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.572 is amended by: 

■ i. Alphabetically adding commodities 

to the table in paragraph (a)(1), and 

■ ii. Revising the table in paragraph (b), 

so the amendments to paragraphs (a)(1) 

and (b) read as follows: 

§ 180.572 Bifenazate; tolerance for 

residues. 

(a)(1) * * * 

Commodity Parts per million 

*****

Atemoya .......................... 1.6 

Avocado .......................... 7.0 

*****

Berry, low-growing subgroup 13–07G ............. 1.5 

Biriba ............................... 1.6 

*****

Cherimoya ...................... 1.6 

*****

Custard apple ................. 1.6 

Commodity Parts per million 

*****

Fruit, small, vine climbing 

subgroup 13–07F, except fuzzy kiwifruit ....... 1.0 

*****

Ilama ............................... 1.6 

*****

Soursop .......................... 1.6 

*****

Sugar apple .................... 1.6 

*****

(b) * * * 

Commodity Parts per million Expiration/Revocation Date 

Timothy, forage ............................................................................................................................................ 50 12/31/10 

Timothy, hay ................................................................................................................................................ 150 12/31/10 

[FR Doc. 2010–21719 Filed 8–31–10; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 107, 171, 172, 173, 176, 

177, 179, and 180 

[Docket No. PHMSA–2010–0195 (HM–244C)] 

RIN 2137–AE61 

Hazardous Materials: Minor Editorial 

Corrections and Clarifications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule corrects 

editorial errors, makes minor regulatory 

changes and, in response to requests for 

clarification, improves the clarity of 

certain provisions in the Hazardous 

Materials Regulations. The intended 

effect of this rule is to enhance the 

accuracy and reduce misunderstandings 

of the regulations. The amendments 

contained in this rule are nonsubstantive changes and do not impose 

new requirements. 

DATES: Effective Date: October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Boothe, Office of Hazardous 

Materials Standards, 202–366–8553, 

PHMSA, East Building, PHH–10, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

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, 

inconsistent use of terminology, 

misstatements of certain regulatory 

requirements and inadvertent omissions 

of information. Because these 

amendments do not impose new 

requirements, notice and public 

comment procedures are unnecessary. 

By making these amendments effective 

without the customary 30-day delay 

following publication, the changes will 

appear in the next revision of the 49 

CFR. 

II. Section by Section Review 

The following is a summary by 

section of the minor editorial 

corrections and clarifications made in 

this final rule. The summary does not 

include minor editorial corrections such 

as punctuation errors or similar minor 

revisions. 

Part 107 

Section 107.117 

This section sets forth conditions and 

procedures for emergency processing for 

an application for a special permit. The 

daytime telephone number for the 

Federal Motor Carrier Administration in 

paragraph (d)(3) is no longer correct. 

Accordingly, we are revising this 

contact number. 

Section 107.329 

This section sets forth the maximum 

and minimum civil penalties for 

violations of the Federal hazardous 

material transportation law, 49 U.S.C. 

5101 et seq., and violations of 

regulations issued pursuant to that law. 

Those maximum and minimum 

penalties were most recently adjusted 

on December 29, 2009 (74 FR 68701) to 

consider the effects of inflation since 

reauthorization of the Federal hazardous 

material transportation law in August 

2005. We found that the inflation 

adjustment in the Federal Civil 

Penalties Inflation Adjustment Act (28 

U.S.C. 2461 note) (the Act)—the change 

in the CPI–U over the prescribed 

period—was 12.5%, but that the Act 

limited the adjustment of the maximum 

and minimum civil penalties to 10%. 

These adjusted maximum and minimum 

civil penalties apply to any violation 

occurring on or after January 1, 2010. 

More recently, it has been called to 

our attention that we did not apply the 

‘‘rounding’’ requirement in Section 5 of 

the Act in making adjustments to the 

minimum civil penalty amounts. 

Applying the 12.5% increase in the 

CPI–U to the $450 minimum penalty for 

a violation related to training produces 

an increase of $56.25, which would be 

rounded to $100—except for the 

limitation in the Act that the initial 

adjustment may not exceed 10%. Thus, 

the adjusted minimum penalty of $495 

for a violation related to training was 

correct. However, when the $250 

minimum penalty amount for other 

violations is increased by 12.5%, the 

result would be an increase of $31.25, 

which must be rounded to the nearest 

$100—or $0. Thus, we should have left 

the minimum civil penalty for other 

violations at $250. Accordingly, we are 

correcting this error in both § 107.329 

and § 171.1(g). PHMSA does not believe 

that the improper $275 civil penalty 

amount has been used in any 

enforcement case arising out of 

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53594 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

violations that occurred on or after 

January 1, 2010, and we will continue 

to use the proper $250 amount in such 

enforcement cases that have arisen since 

that date. 

Part 171 

Section 171.6 

Section 171.6 consolidates and 

displays the control numbers assigned 

to the HMR collections of information 

by the Office of Management and 

Budget (OMB) under the Paperwork 

Reduction Act of 1995. This section 

complies with the requirements of 5 

CFR 1320.7(f), 1320.12, 1320.13 and 

1320.14 (OMB regulations 

implementing the Paperwork Reduction 

Act of 1995) for the display of control 

numbers assigned by OMB to 

collections of information of the HMR. 

In paragraph (b)(2), the table of OMB 

control numbers is revised to update 

affected sections for OMB control 

numbers 2137–0022 and 2137–0572. 

Section 171.7 

Paragraph (b) of § 171.7 lists materials 

that are ‘‘informational materials not 

requiring incorporation by reference’’ 

into the HMR. In the preamble to the 

HM–244A final rule published in the 

Federal Register on October 1, 2008 

(73 FR 57001), we stated that the 

Compressed Gas Association’s (CGA) 

publication CGA C–1.1, Personnel 

Training and Certification Guidelines 

for Cylinder Requalification By the 

Volumetric Expansion Method, could be 

used as guidance material to assist 

cylinder requalifiers in setting up their 

training procedures and was not to be 

considered as a stand alone tool for 

training persons on how to perform 

requalification of cylinders using the 

volumetric expansion test method. In 

that final rule, we also stated we were 

removing the entries in §§ 171.7(b) and 

180.205(g)(6) that refer to the 

publication. However, due to an 

oversight, the amendatory language was 

inadvertently omitted. Therefore, in this 

final rule, we are removing the entry for 

CGA C–1.1 from § 171.7(b) and 

paragraph (g)(6) from § 180.205. 

Part 172 

Section 172.101 

This section contains the Hazardous 

Materials Table (HMT) and explanatory 

text for each of the columns in the table. 

Some of the information for the entry 

‘‘Helium, compressed, UN1046’’ in the 

HMT was reported under the incorrect 

columns. In this final rule, we are 

revising the entry ‘‘Helium, compressed, 

UN1046’’ by correcting the information 

reported in columns 5, 6, 7, 8a, 8b, and 

9a. 

Section 172.604 

This section prescribes requirements 

for providing the emergency response 

telephone number on hazardous 

materials shipping papers. As amended 

in the final rule, ‘‘Revision of 

Requirements for Emergency Response 

Telephone Numbers,’’ HM–206F, 

published October 19, 2009 (74 FR 

53413), we are correcting § 172.604(b)(1) 

by adding the word ‘‘information’’ to the 

phrase ‘‘emergency response provider’’ 

so that it reads ‘‘emergency response 

information provider (ERI provider).’’ In 

the October 19, 2009 final rule, the word 

‘‘information’’ was inadvertently omitted 

during the printing of the regulatory 

text. 

In paragraphs (b)(1) and (b)(2), we are 

clarifying the term ‘‘contract number’’ by 

adding the wording ‘‘or other unique 

identifier assigned by the ERI provider’’ 

to clarify that the term ‘‘contract 

number’’ identifies the registrant to the 

ERI provider. This clarification should 

serve to avoid confusion when an ERI 

provider may be using the term 

‘‘contract number’’ for another purpose. 

In paragraph (b)(2), we are also 

clarifying that the person who is 

registered with the emergency response 

provider must be identified by name or 

contract number on the shipping paper 

immediately before, after, above, or 

below the emergency response 

telephone number in a prominent, 

readily identifiable, and clearly visible 

manner that allows the information to 

be easily and quickly found unless the 

name or identifier is entered elsewhere 

in a prominent manner in accordance 

with paragraph (b)(1). 

Section 172.800 

This section prescribes hazardous 

materials security plan requirements. In 

a final rule, ‘‘Risk-Based Adjustment of 

Transportation Security Plan 

Requirements,’’ HM–232F, published 

March 9, 2010 (75 FR 10974), there were 

three drafting errors. First, we indicated 

that ‘‘the security planning requirement 

will apply, as it does now, to all 

Division 1.4 explosives transported in 

quantities that require placarding under 

Subpart F of Part 172 of the HMR.’’ 

However, in the regulatory text to the 

final rule we referenced § 172.504(c) in 

place of Subpart F of Part 172. As a 

result, the changes may be interpreted to 

require placards for certain Division 

1.4S materials that fall under 

§ 172.504(f)(6). This was not our intent. 

Second, we indicated, in the final rule, 

that the security planning requirement 

for desensitized explosives in Class 3 

and Division 4.1 would apply to 

quantities that require placarding under 

§ 172.504(c). This reference is not clear 

and is inconsistent with previous 

references to ‘‘quantities that require 

placarding under the provisions of 

Subpart F of Part 172.’’ Therefore, to 

clarify the first two errors, we are 

revising § 172.800(b)(2) and (b)(7) to 

remove the reference to ‘‘§ 172.504(c)’’ 

and replacing it to read ‘‘subpart F of 

this part.’’ 

The third error is closely related to 

the first two errors. We indicated, in the 

final rule, that the security planning 

requirements for Division 4.3 materials 

would continue to require security 

plans for ‘‘any quantity’’ of Division 4.3 

materials. Again, this reference is not 

clear and is inconsistent with previous 

references to ‘‘quantities that require 

placarding under the provisions of 

Subpart F of Part 172.’’ Therefore, to 

correct this error we are revising 

§ 172.800(b)(9) to read ‘‘any quantity of 

a Division 4.3 material requiring 

placarding in accordance with subpart F 

of this part,’’ as intended in the final 

rule to HM–232F. 

Part 173 

Section 173.27 

This section specifies general 

requirements for packaging hazardous 

materials for transportation by aircraft. 

The reference to § 171.11 in paragraph 

(f) is no longer valid. Therefore, PHMSA 

is correcting this error by revising 

paragraph (f) to remove the reference to 

§ 171.11 and replacing it with a 

reference to § 171.22. 

Section 173.171 

This section prescribes requirements 

for smokeless powder for small arms. 

The entry ‘‘Smokeless powder for small 

arms (100 pounds or less),’’ NA3178 is 

only applicable to U.S. transportation as 

indicated by the ‘‘D’’ in column 1 of the 

HMT. Therefore, in § 173.171, the 

introductory text is revised to clarify 

that the provisions of this section 

applies to domestic transportation only. 

Section 173.314 

This section prescribes requirements 

for transporting compressed gases in 

tank cars and multi-unit tank cars. For 

the entry ‘‘Chlorine,’’ column 2 of the 

table entitled ‘‘Outage and filling limits’’ 

refers to ‘‘Note 13’’. There is no ‘‘Note 

13.’’ To correct this error, the reference 

to ‘‘Note 13’’ in column 2 of the table, 

is removed. In addition, for the entries 

‘‘Hydrogen Sulphide’’ and ‘‘Hydrogen 

sulphide, liquefied’’ column 1 of the 

table reflects the international spelling 

while the proper shipping name entries 

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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53595 

in the § 172.101 HMT reflect the 

domestic spelling of ‘‘Hydrogen sulfide.’’ 

Both spellings are authorized in 

accordance with § 172.101(c)(1). 

However, we are revising the entries in 

the § 173.314 table to read ‘‘Hydrogen 

Sulfide’’ and ‘‘Hydrogen sulfide, 

liquefied’’ to be consistent with the 

spelling in the § 172.101 HMT. 

Part 176 

Section 176.54 

This section prescribes requirements 

for repairs involving welding, burning, 

and power-actuated tools and 

appliances. We are revising paragraph 

(b)(1) to correct the reference to 33 CFR 

126.15(c) to read 33 CFR 126.30. 

Part 177 

Section 177.843 

This section prescribes requirements 

for surveying for contamination on 

motor vehicles used to transport Class 7 

radioactive materials under exclusive 

use conditions. We are revising 

paragraph (a) to correct the reference to 

‘‘§ 173.427(b)(3) or (c) or § 173.443(c)’’ to 

read ‘‘§ 173.427(b)(4) or (c) or 

§ 173.443(c)’’ to correct a typographical 

error. 

Part 179 

Appendix B 

49 CFR part 179, appendix B 

prescribes procedure for the ‘‘Simulated 

Pool and Torch Fire Test.’’ PHMSA is 

correcting an error in the pool and torch 

fire test requirements. The conversion 

that was used to establish the tolerances 

for the flame temperatures was 

incorrect. A temperature conversion was 

made. However, a factor of 1.8 should 

have been used to convert between 

degrees Fahrenheit and degrees Celsius. 

The temperature requirements should 

read 871 °C (1600 °F) +/¥ 55.6 °C 

(132.08 °F). 

Part 180 

Section 180.213 

This section prescribes requirements 

for requalification markings for 

cylinders. 

We are revising paragraph (d)(2) to 

correct the reference to § 173.301(l) to 

read § 171.23(a)(4). 

III. Regulatory Analyses and Notices 

A. Statutory Authority 

This final rule is published under 

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

authorizes the Secretary of 

Transportation to prescribe regulations 

for the safe transportation, including 

security, of hazardous material in 

intrastate, interstate, and foreign 

commerce. The purpose of this final 

rule is to remove unnecessary cross 

references to the hazardous materials 

table, correct mailing addresses, 

grammatical and typographical errors, 

and, in response to requests for 

clarification, improve the clarity of 

certain provisions in the Hazardous 

Materials Regulations. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

rule is not significant under the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). This final rule does not impose 

new or revised requirements for 

hazardous materials shippers or carriers; 

therefore, it is not necessary to prepare 

a regulatory impact analysis. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria in Executive Order 13132 

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

adopt any regulation that: (1) Has 

substantial direct effects on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government; or (2) imposes 

substantial direct compliance costs on 

State and local governments. PHMSA is 

not aware of any State, local, or Indian 

Tribe requirements that would be 

preempted by correcting editorial errors 

and making minor regulatory changes. 

This final rule does not have sufficient 

federalism impacts to warrant the 

preparation of a federalism assessment. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not have 

Tribal implications, does not impose 

substantial direct compliance costs on 

Indian Tribal governments, and does not 

preempt Tribal law, the funding and 

consultation requirements of Executive 

Order 13175 do not apply, and a Tribal 

summary impact statement is not 

required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

I certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule makes minor editorial changes 

which will not impose any new 

requirements on persons subject to the 

HMR; thus, there are no direct or 

indirect adverse economic impacts for 

small units of government, businesses, 

or other organizations. 

F. Unfunded Mandates Reform Act of 

1995 

This rule does not impose unfunded 

mandates under the Unfunded 

Mandates Reform Act of 1995. It does 

not result in costs of $141.3 million or 

more to either State, local, or Tribal 

governments, in the aggregate, or to the 

private sector, and is the least 

burdensome alternative that achieves 

the objectives of the rule. 

G. Paperwork Reduction Act 

There are no new information 

collection requirements in this final 

rule. 

H. Environmental Impact Analysis 

There are no environmental impacts 

associated with this final rule. 

I. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

List of Subjects 

49 CFR Part 107 

Administrative practice and 

procedure, Hazardous materials 

transportation, Penalties, Reporting and 

recordkeeping requirements. 

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. 

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53596 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

49 CFR Part 176 

Hazardous materials transportation, 

Segregation, Handling and stowage, 

Maritime carriers. 

49 CFR Part 177 

Hazardous materials transportation, 

Loading and unloading, Segregation and 

separation. 

49 CFR Part 179 

Hazardous materials transportation, 

Rail car specifications. 

49 CFR Part 180 

Hazardous materials transportation, 

Motor carriers, Motor vehicle safety, 

Packaging and containers, Railroad 

safety, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, 49 

CFR chapter I is amended as follows: 

PART 107–HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

■ 1. The authority citation for part 107 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5129, 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. 

§ 107.117 [Amended] 

■ 2. In § 107.117, in paragraph (d)(3), 

the phone number ‘‘202–366–6121’’ is 

removed and the phone number ‘‘202– 

385–2400’’ is added in its place. 

§ 107.329 [Amended] 

■ 3. In § 107.329, in paragraphs (a) and 

(b), the figure ‘‘$275’’ is removed and the 

figure ‘‘$250’’ is added in its place. 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 4. The authority citation for part 171 

continues to read as follows: 

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

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

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

section 31001. 

§ 171.1 [Amended] 

■ 5. In § 171.1, in paragraph (g), the 

wording ‘‘$275’’ is removed and the 

wording ‘‘$250’’ is added. 

■ 6. In § 171.6, the table in paragraph 

(b)(2) is amended by revising the entries 

for ‘‘2137–0022’’ and ‘‘2137–0572’’ to 

read as follows: 

§ 171.6 Control numbers under the 

Paperwork Reduction Act. 

* * * * * 

(b) * * * 

(2) Table. 

Current OMB 

control No. Title Title 49 CFR part or section where identified and described 

*******

2137–0022 ............. Testing, Inspection, and Marking Requirements for Cylinders.§§ 173.5b, 173.302a, 173.303, 173.304, 173.309, 178.2, 178.3, 178.35, 178.44, 

178.45, 178.46, 178.57, 178.59, 178.60, 178.61, 178.68, 180.205, 180.207, 

180.209, 180.211, 180.213, 180.215, 180.217, Appendix C to Part 180. 

* * * * * * * 

2137–0572 ............. Testing requirements for non-bulk packages.§§ 173.168, 178.2, 178.601, Appendix C to Part 178, Appendix D to Part 178. 

§ 171.7 [Amended] 

■ 7. In the table in paragraph (b) of 

§ 171.7, the entry ‘‘Compressed Gas 

Association, Inc., 4221 Walney Road, 

5th Floor, Chantilly, Virginia 20151, 

CGA C–1.1, Personnel Training and 

Certification Guidelines for Cylinder 

Requalification By the Volumetric 

Expansion Method, 2004, First Edition’’ 

is removed. 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 8. The authority citation for part 172 

continues to read as follows: 

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

CFR 1.53. 

■ 9. In § 172.101, in the Hazardous 

Materials Table, the entry for ‘‘Helium, 

compressed’’ is revised to read as 

follows. 

* * * * * 

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or 

division 

Identification Nos. PG Label 

codes 

Special 

provisions 

(§ 172.102) 

(8) Packaging (§ 173.***) (9) Quantity limitations 

(see §§ 173.27 and 

175.75) 

(10) Vessel 

stowage 

Exceptions Nonbulk Bulk Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

*******

Helium, compressed.2.2 UN1046 .. ........ 2.2 .......... .................. 306 302 302, 

314 

75 kg ....... 150 kg ..... A ............. 85 

* * * * * * * 

* * * * * 

■ 10. In § 172.604, as amended October 

19, 2009, at 74 FR 53422, effective 

November 18, 2009, and delayed until 

October 1, 2010, at 74 FR 54489, 

October 22, 2009, paragraphs (b)(1) and 

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

§ 172.604 Emergency response telephone 

number. 

* * * * * 

(b) * * * 

(1) The number of the person offering 

the hazardous material for 

transportation when that person is also 

the emergency response information 

provider (ERI provider). The name of 

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Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 53597 

the person, or contract number or other 

unique identifier assigned by an ERI 

provider, identified with the emergency 

response telephone number must be 

entered on the shipping paper 

immediately before, after, above, or 

below the emergency response 

telephone number unless the name is 

entered elsewhere on the shipping 

paper in a prominent, readily 

identifiable, and clearly visible manner 

that allows the information to be easily 

and quickly found; or 

(2) The number of an agency or 

organization capable of, and accepting 

responsibility for, providing the detailed 

information required by paragraph (a)(2) 

of this section. The person who is 

registered with the ERI provider must 

ensure that the agency or organization 

has received current information on the 

material before it is offered for 

transportation. The person who is 

registered with the ERI provider must be 

identified by name, or contract number 

or other unique identifier assigned by 

the ERI provider, on the shipping paper 

immediately before, after, above, or 

below the emergency response 

telephone number in a prominent, 

readily identifiable, and clearly visible 

manner that allows the information to 

be easily and quickly found, unless the 

name or identifier is entered elsewhere 

in a prominent manner as provided in 

paragraph (b)(1) of this section. 

* * * * * 

■ 11. In § 172.800, paragraphs (b)(2), (7), 

and (9), as amended March 9, 2010, at 

75 FR 10988, effective October 1, 2010, 

are revised to read as follows: 

§ 172.800 Purpose and applicability. 

* * * * * 

(b) * * * 

(2) A quantity of a Division 1.4, 1.5, 

or 1.6 material requiring placarding in 

accordance with subpart F of this part; 

* * * * * 

(7) A quantity of desensitized 

explosives meeting the definition of 

Division 4.1 or Class 3 material 

requiring placarding in accordance with 

subpart F of this part; 

* * * * * 

(9) A quantity of a Division 4.3 

material requiring placarding in 

accordance with subpart F of this part; 

* * * * * 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 12. The authority citation for part 173 

continues to read as follows: 

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

CFR 1.45, 1.53. 

■ 13. In § 173.27, paragraph (f) 

introductory text is revised to read as 

follows: 

§ 173.27 General requirements for 

transportation by aircraft. 

* * * * * 

(f) Combination packaging. Unless 

otherwise specified in this part, or in 

§ 171.22 of this subchapter, when 

combination packaging are offered for 

transportation aboard aircraft, inner 

packaging must conform to the quantity 

limitations set forth in table 1 of this 

paragraph for transport aboard 

passenger-carrying aircraft and table 2 of 

this paragraph for transport aboard 

cargo aircraft only, as follows: 

* * * * * 

■ 14. In § 173.171, the introductory text 

is revised to read as follows: 

§ 173.171 Smokeless powder for small 

arms. 

Smokeless powder for small arms 

which has been classed in Division 1.3 

may be reclassed in Division 4.1, for 

domestic transportation by motor 

vehicle, rail car, vessel, or cargo-only 

aircraft, subject to the following 

conditions: 

* * * * * 

§ 173.314 [Amended] 

■ 15. In § 173.314, in the table in 

paragraph (c), in column 1, the entries 

for ‘‘Hydrogen Sulphide’’ and ‘‘Hydrogen 

sulphide, liquefied’’ are removed and 

‘‘Hydrogen sulfide’’ and ‘‘Hydrogen 

sulfide, liquefied’’ are added in their 

place; and in column 2 of the table, for 

the entry ‘‘Chlorine’’, the reference to 

‘‘Notes 6, 13’’ is removed and the 

reference ‘‘Note 6’’ is added in its place. 

PART 176—CARRIAGE BY VESSEL 

■ 16. The authority citation for part 176 

continues to read as follows: 

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

part 1.53. 

§ 176.54 [Amended] 

■ 17. In § 176.54, in paragraph (b)(1), 

the reference ‘‘33 CFR 126.15(c)’’ is 

removed and the reference ‘‘33 CFR 

126.30’’ is added. 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

■ 18. The authority citation for part 177 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5127; 49 CFR 

part 1.53. 

■ 19. In § 177.843, paragraph (a) is 

revised to read as follows: 

§ 177.843 Contamination of vehicles. 

(a) Each motor vehicle used for 

transporting Class 7 (radioactive) 

materials under exclusive use 

conditions in accordance with 

§ 173.427(b)(4) or (c) or § 173.443(c) of 

this subchapter must be surveyed with 

radiation detection instruments after 

each use. A vehicle may not be returned 

to service until the radiation dose rate 

at every accessible surface is 0.005 mSv 

per hour (0.5 mrem per hour) or less and 

the removable (non-fixed) radioactive 

surface contamination is not greater 

than the level prescribed in § 173.443(a) 

of this subchapter. 

* * * * * 

PART 179—SPECIFICATIONS FOR 

TANK CARS 

■ 20. The authority citation for part 179 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5127; 49 CFR 

part 1.53. 

■ 21. In Appendix B to Part 179, 

paragraph 2. a. (1) is revised to read as 

follows: 

Appendix B to Part 179, Procedures for 

Simulated Pool and Torch Fire Testing 

* * * * * 

2. Simulated pool fire test. 

a. * * * 

(1) The source of the simulated pool fire 

must be hydrocarbon fuel with a flame 

temperature of 871 °C (1600 °F) plus-orminus 55.6 °C (132.08 °F), throughout the 

duration of the test. 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 22. The authority citation for part 180 

continues to read as follows: 

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

1.53. 

■ 23. In § 180.205, paragraph (g)(6) is 

revised to read as follows: 

§ 180.205 General requirements for 

requalification of specification cylinders. 

* * * * * 

(g) * * * 

(6) Training materials may be used for 

training persons who requalify cylinders 

using the volumetric expansion test 

method. 

* * * * * 

■ 24. In § 180.213, paragraph (d)(2) is 

revised to read as follows: 

§ 180.213 Requalification markings. 

* * * * * 

(d) * * * 

(2) Exception. A cylinder subject to 

the requirements of § 171.23(a)(4) of this 

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53598 Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Rules and Regulations 

subchapter may not be marked with a 

RIN. 

* * * * * 

Issued in Washington, DC, on August 26, 

2010 under authority delegated in 49 CFR 

part 1. 

Cynthia L. Quarterman, 

Administrator, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2010–21759 Filed 8–31–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2009–0027; 

92220–1113–0000; ABC Code: C3] 

RIN 1018–AW27 

Endangered and Threatened Wildlife 

and Plants; Threatened Status for 

Shovelnose Sturgeon Under the 

Similarity of Appearance Provisions of 

the Endangered Species Act 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, determine it necessary 

to treat shovelnose sturgeon 

(Scaphirhynchus platorynchus) as 

threatened due to similarity of 

appearance to the endangered pallid 

sturgeon (Scaphirhynchus albus) under 

the similarity of appearance provisions 

of the Endangered Species Act of 1973, 

as amended. The shovelnose sturgeon 

and the endangered pallid sturgeon are 

difficult to differentiate in the wild and 

inhabit overlapping portions of the 

Missouri and Mississippi River basins. 

Commercial harvest of shovelnose 

sturgeon has resulted in the 

documented take of pallid sturgeon 

where the two species coexist and is a 

threat to the pallid sturgeon. This 

determination to treat shovelnose 

sturgeon due to similarity of appearance 

will substantially facilitate law 

enforcement actions to protect and 

conserve pallid sturgeon. This rule 

extends take prohibitions to shovelnose 

sturgeon, shovelnose-pallid sturgeon 

hybrids, and their roe when associated 

with a commercial fishing activity in 

areas where pallid sturgeon and 

shovelnose sturgeon commonly coexist. 

Accidental or incidental capture of 

pallid or shovelnose sturgeon, or 

shovelnose-pallid sturgeon hybrids, in 

commercial fishing gear will not be 

considered take provided the sturgeon 

are immediately released to the wild at 

the point where taken with roe intact. 

DATES: This rule becomes effective on 

October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

George Jordan, Pallid Sturgeon Recovery 

Coordinator, 2900 4th Avenue North, 

Room 301, Billings, Montana 59101 

(telephone (406) 247–7365; facsimile 

(406) 247–7364). Public comments and 

literature referenced in association with 

this rule are available at http:// 

www.regulations.gov at Docket No. 

FWS–R6–ES–2009–0027 and at the 

above office, by appointment, during 

normal business hours. Persons who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 800/ 

877–8339, 24 hours a day, 7 days a 

week. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1990, the U.S. Fish and Wildlife 

Service (Service) listed the pallid 

sturgeon (Scaphirhynchus albus) as 

endangered under the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.) (55 FR 36641, 

September 6, 1990). The pallid sturgeon 

has a flattened, shovel-shaped snout, 

possesses a long and slender and 

completely armored caudal peduncle, 

and lacks a spiracle and belly scutes 

(Forbes and Richardson 1905, pp. 38– 

41). The pallid sturgeon is a bottomoriented species found only in portions 

of the Missouri and Mississippi River 

basins (Kallemeyn 1983, p. 4). The 

species can be long-lived (40 plus 

years), with females reaching sexual 

maturity later than males (Keenlyne and 

Jenkins 1993, pp. 393, 395). Pallid 

sturgeon at the northern end of their 

range can attain sizes (both length and 

weight) much larger than pallid 

sturgeon at the southern end of their 

range (Service 1993, p. 3). Current 

known threats to the pallid sturgeon 

include habitat modification, small 

population size, limited natural 

reproduction, hybridization, pollution 

and contamination, entrainment, and 

commercial harvest (Service 2007, pp. 

38–59). 

The pallid sturgeon and the 

shovelnose sturgeon are both members 

of the genus Scaphirhynchus. These 

sturgeon can be difficult to differentiate 

in the wild and inhabit overlapping 

portions of the Missouri and Mississippi 

River basins. Within these areas of 

overlap, four States continue to allow 

commercial harvest of shovelnose 

sturgeon. Take of the endangered pallid 

sturgeon has been documented to occur 

where this commercial fishery is 

allowed (Sheehan et al. 1997, p. 3; 

Service 2007, pp. 45–48; Bettoli et al. 

2009, p. 3). Incidental and illegal 

harvest of pallid sturgeon is a significant 

impediment to the survival and 

recovery of this species in some parts of 

its range (Service 2007, p. 45). Our 

recent 5-year status review 

recommended that we identify and 

implement measures to eliminate or 

significantly reduce illegal and 

accidental harvest of pallid sturgeon 

(Service 2007, p. 59). 

Previous Federal Actions 

On September 6, 1990, the pallid 

sturgeon was listed as endangered under 

the Act (55 FR 36641). At the time of 

listing, the primary threats and 

vulnerabilities for pallid sturgeon were 

curtailment of range, habitat destruction 

and modification, low population size, 

lack of recruitment, commercial harvest, 

pollution and contaminants, and 

hybridization (55 FR 36641, September 

6, 1990; Service 1993, pp. 10–15). Since 

listing, we worked cooperatively with 

State partners to address the threat 

posed by commercial harvest. A recent 

status review found that restrictions 

imposed through State fishing 

regulations had helped, but that 

incidental and illegal take during 

commercial harvest of shovelnose 

sturgeon was still having a substantial 

and detrimental effect on the pallid 

sturgeon (Service 2007, pp. 45–48). To 

address this issue, on September 22, 

2009, we published in the Federal 

Register a proposed rule to treat the 

shovelnose sturgeon as a threatened 

species due to its similarity of 

appearance to the endangered pallid 

sturgeon (74 FR 48215). 

Public Comments Solicited 

As part of the September 22, 2009, 

proposed rule (74 FR 48215), we 

requested interested parties to provide 

comments and materials concerning the 

proposed rule during a 60-day public 

comment period. We contacted all 

appropriate State and Federal agencies, 

county governments, elected officials, 

scientific organizations, and other 

interested parties and invited them to 

comment. During the public comment 

period, we received several requests for 

a public hearing. On January 14, 2010, 

we published a Federal Register notice 

announcing a 21-day reopening of the 

comment period and an informational 

meeting and public hearing on January 

28, 2010, in Cape Girardeau, Missouri 

(75 FR 2102). 

Peer Review 

In accordance with our policy for peer 

review (59 FR 34270, July 1, 1994), and 

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