[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 26028-26029]
[FR Doc No: 2013-10557]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9808-8]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA''), notice is hereby given of a proposed consent decree,
to address a lawsuit filed by Sierra Club in the United States District
Court for the District of Columbia: Sierra Club v. Jackson, No. 12-cv-
00347 (D.D.C.). On May 24, 2012, Plaintiff filed a second amended
complaint alleging that EPA failed to take final action on specific
state implementation plan (``SIP'') submissions or portions of
submissions intended to meet applicable infrastructure SIP requirements
of CAA section 110(a)(2) for Colorado, Kansas, Missouri, Montana, New
Jersey, New York, North Dakota, and Utah with regard to the 2006
PM2.5 National Ambient Air Quality Standard (``NAAQS''). The
proposed consent decree establishes new deadlines for EPA to take
action on the SIP submissions at issue in the lawsuit.

DATES: Written comments on the proposed consent decree must be received
by June 3, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0359, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 P.M. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the
Sierra Club seeking to compel the Administrator to take final action
under sections 110(k)(2), (3) and/or (4) of the CAA, 42 U.S.C.
7410(k)(2), (3) and/or (4), to approve or disapprove, in whole or in
part, specific ``infrastructure'' SIP submissions for the 2006
PM2.5 NAAQS submitted by Colorado, Kansas, Missouri,
Montana, New Jersey, New York, North Dakota, and Utah which are
identified in Attachment A to the proposed consent decree. By statute,
EPA must take action on such a SIP submission within 12 months after
EPA determines the submission to be complete, or within 12 months after
the submission is deemed complete by operation of law. Because EPA had
not taken action on the SIP submissions at issue in this litigation by
the statutorily required dates, EPA determined that it was preferable
to enter into a consent decree to specify the new date by which EPA
would take these actions, rather than have a date imposed by a court.
    The proposed consent decree provides that no later than June 13,
2013, EPA shall sign one or more final rules to approve or disapprove,
in whole or in part, pursuant to CAA section 110(k)(2), (3) and/or (4),
the specific infrastructure SIP submissions for the 2006
PM2.5 NAAQS submitted by Colorado, Kansas, Missouri,
Montana, New Jersey, New York, North Dakota, and Utah identified in
Attachment A to the proposed consent decree. The proposed consent
decree also identifies the specific section 110(a)(2) infrastructure
SIP elements that EPA must address in the required action for each
state.
    Within 15 business days following signature of each final rule
described in the proposed consent decree, EPA is also required to send
the signed notice to the Office of the Federal Register for review and
publication in the Federal Register. After EPA fulfills all of its
obligations under the consent decree, the proposed consent decree
provides that this case shall be dismissed with prejudice.
    The proposed consent decree also states that the consent decree can
be modified by the parties, or by the court following a motion by a
party and a response thereto. In addition, the parties agree to seek to
resolve informally Sierra Club's claim for litigation costs pursuant to
42 U.S.C. 7604(d), but the court would retain jurisdiction to resolve
that claim.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2013-0359) contains a copy of the proposed consent
decree (including Attachment A). The official public docket is
available for public viewing at the Office of Environmental Information
(OEI) Docket in the EPA Docket Center, EPA West, Room 3334,

1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OEI
Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use the www.regulations.gov to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-10557 Filed 5-2-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 63-74]
[FR Doc No: E9-30556]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, and 178

[Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)]
RIN 2137-AE54

Hazardous Materials: Revision to Requirements for the
Transportation of Batteries and Battery-Powered Devices; and
Harmonization With the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions; Correction

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Final rule; corrections.

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SUMMARY: On January 14, 2009, the Pipeline and Hazardous Materials
Safety Administration (PHMSA) published a final rule amending the
Hazardous Materials Regulations (HMR) to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations, and vessel stowage requirements. The revisions were
necessary to harmonize the HMR with recent changes to the International
Civil Aviation Organization's Technical Instructions for the Safe
Transport of Dangerous Goods by Air, the International Maritime
Dangerous Goods Code, Transport Canada's Transportation of Dangerous
Goods Regulations, and the United Nations Recommendations on the
Transport of Dangerous Goods. These revisions also included amendments
and clarifications addressing the safe transportation of batteries and
battery-powered devices. This final rule corrects several errors in the
January 14, 2009 final rule.

DATES: Effective date: The effective date of these amendments is
January 4, 2010. Applicability date: These amendments are applicable
beginning January 1, 2010.

FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous
Materials Standards, telephone<PHONE_NUMBER>, or Shane Kelley,
International Standards, telephone<PHONE_NUMBER>, Pipeline and
Hazardous Materials Safety Administration.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 14, 2009, PHMSA published a final rule under Docket
Numbers PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J) [74 FR
2200] revising the Hazardous Materials Regulations (HMR) to maintain
alignment with international standards by incorporating various
amendments, including changes to proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, air
transport quantity limitations, and vessel stowage requirements. The
revisions were necessary to harmonize the HMR with recent changes to
the International Civil Aviation Organization's Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO TI), the
International Maritime Dangerous Goods Code (IMDG Code), Transport
Canada's Transportation of Dangerous Goods Regulations (TDG
Regulations), and the United Nations Recommendations on the Transport
of Dangerous Goods (UN Recommendations). These revisions also included
amendments and clarifications addressing the safe transportation of
batteries and battery-powered devices. This final rule corrects several
errors in the final rule. Because these amendments do not impose new
requirements notice and public comment procedures are unnecessary.

II. Appeals to the Final Rule

    We received two appeals to the January 14, 2009 final rule from the
Dangerous Goods Transport Consulting, Inc. (DGTC) and HMT Associates,
LLC. Both DGTC and HMT Associates express concerns about the provisions
of the final rule applicable to the transportation of fuel cell
cartridges. These appeals are discussed in detail below.

A. Dangerous Goods Transport Consulting, Inc.

    The January 14, 2009 final rule revised the requirements for the
transportation of fuel cell cartridges under Sec.  173.230 of the HMR
(49 CFR Parts 171-180). In addition to the proper shipping name for
flammable liquid fuel cell cartridges (UN3473) already included in the
Sec.  172.101 Hazardous Materials Table (HMT), the final rule added
four new proper shipping names to the HMT to describe the range of
fuels used in fuel cell cartridges: ``Water-reactive substances,''
UN3476; ``Corrosive substances,'' UN3477; ``Liquefied flammable gas,''
UN3478; and ``Hydrogen in metal hydride,'' UN3479.
    As indicated by the expanded list of proper shipping names, fuel
cell cartridges contain a number of different types of fuels with
distinct hazards. Because of this variety of fuel types, we also
amended Sec.  173.230 to provide comprehensive requirements including
packaging to address the hazards for all fuel cell cartridge types. In
its appeal, DGTC expressed concern that the provision in Sec.
173.230(g) prohibiting the air transport of fuel cell cartridges as
limited quantities is not practical, reasonable or in the public
interest. Specifically, DGTC asserts its understanding that prohibiting
the air transport of fuel cell cartridges as limited quantities is not
consistent with provisions in Sec.  173.230(h) that allow fuel cell
cartridges conforming to Sec.  173.230(g) and defined as consumer
commodities to be renamed ``Consumer commodity'' and reclassed as ORM-D
since consumer commodities are authorized for transport by air in
Column (9) of the HMT for the entry ``Consumer commodity.'' DGTC also
asserts inconsistency with HMR provisions that allow for air transport
of limited quantities of the fuel types typically found in the fuel
cell cartridges in inner packagings subject to less stringent
requirements than those for the fuel cell cartridges themselves. DGTC
further contends that the prohibition imposes unwarranted additional
transportation costs and places emerging fuel cell technologies at a
competitive disadvantage with other portable sources of electric power
such as batteries and could be detrimental to their development as an
alternative energy source.
    The requirements applicable to the transportation of fuel cells
adopted in the January 14, 2009 final rule were initially proposed in a
notice of proposed rulemaking (NPRM) published July 31, 2008 (73 FR
44820) and are consistent with standards adopted internationally in the
revised editions of the ICAO TI, the IMDG Code, and the UN
Recommendations. Commenters to the NPRM supported the fuel cell
proposals; no commenter addressed the potential economic impact of the
proposals. We note, with regard to DGTC's concern about the economic
impact of the limited quantity prohibition, that harmonization

promotes safety and facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements. Thus, the benefits of a harmonized domestic and
international transportation regime outweigh the costs that may be
incurred. As DGTC acknowledged in its appeal, the 2009-2010 ICAO TI
also prohibit the transportation of fuel cell cartridges as limited
quantities on aircraft. Authorizing limited quantity exceptions for
fuel cell cartridges in the HMR would be inconsistent with the ICAO TI;
such differing domestic and international requirements could cause
confusion for both shippers and carriers, thereby adversely affecting
safety.
    We agree that the prohibition of air transport of limited
quantities of fuels when contained in fuel cell cartridges is
inconsistent with the current authorization that allows for air
transport of limited quantities of the same fuels found in fuel cell
cartridges when shipped under the proper shipping name appropriate to
the fuel (e.g., ``Methanol, UN1230''). The ICAO Dangerous Goods Panel
is currently considering adoption of limited quantity exceptions, based
in part on a proposal from the U.S. Fuel Cell Council (FCC). Based on
the decision of the ICAO Dangerous Goods Panel, we will consider
adopting limited quantity exceptions for air transport of fuel cell
cartridges in a future rulemaking. Therefore, in this final rule, we
are not revising the current prohibition of air transport of fuel cell
cartridges as limited quantities.

B. HMT Associates, LLC

    The January 14, 2009 final rule also revised the packaging
requirements for the transportation of fuel cell cartridges under Sec.
173.230 of the HMR. Specifically, paragraph (e) of this section
provides for authorized packagings; paragraph (f) sets forth additional
requirements for transportation by aircraft. HMT Associates expressed
concern that the provision in Sec.  173.230(e) to require intermediate
packaging for fuel cell cartridges packed with equipment for all modes
of transportation, not just air transport, differs from the packaging
requirements for fuel cell cartridges packed with equipment under
international standards for highway, rail, and vessel transport.
Specifically, HMT Associates states:

    As it relates to fuel cell cartridges packed with equipment, the
[UN Recommendations, as well as the IMDG Code] Packing Instruction
P004 requires: [f]or fuel cell cartridges * * * packed with
equipment, strong outer packagings. When fuel cell cartridges are
packed with equipment, they shall be packed in inner packagings or
placed in the outer packaging with cushioning material or divider(s)
so that the fuel cell cartridges are protected against damage that
may be caused by the movement or placement of the contents within
the outer packaging.

    With regard to the packaging requirements for fuel cell cartridges
packed with equipment in the January 14, 2009 final rule, Sec.
173.230(e)(2)(i) requires fuel cell:

    Cartridges packed with equipment to be packed in intermediate
packagings together with the equipment they are capable of powering.
The fuel cell cartridges and the equipment must be packaged with
cushioning material or dividers or inner packaging so that the fuel
cell cartridges are protected against damage that may be caused by
the shifting or placement of the equipment and the cartridges within
the outer packaging.

    HMT Associates noted that the use of an intermediate packaging is
required under the ICAO TI only when fuel cell cartridges packed with
equipment are transported by aircraft (re: Packing Instruction 217).
    Additionally, HMT Associates indicated that the wording of Sec.
173.230(e)(2)(i) as adopted in the final rule is not as it was proposed
in our NPRM. The wording was revised based on a comment submitted to
the docket by FCC. The NPRM did not propose use of an intermediate
packaging. In the preamble of the final rule [74 FR 2223], we agreed
with FCC that the packaging requirements should be consistent with the
UN Recommendations and the ICAO TI and indicated that revisions made to
the regulatory text of the NPRM were intended to achieve consistency.
    Finally, HMT Associates indicated that under the additional
provisions for transportation by aircraft in Sec.  173.230(f), the
language specific to packaging requirements for fuel cell cartridges
packed with equipment in the final rule differs from the proposed
language in the NPRM. They noted that the proposed language is
consistent with international standards by limiting the intermediate
packaging requirement to the additional requirements for air transport
rather than the language in the final rule that has additional
requirements supplementing the general requirements for transport of
fuel cell cartridges packed with equipment and transported by all
modes.
    HMT Associates is correct that the final rule language highlighted
in its appeal was adopted in error. We intended that the requirement
for intermediate packaging of fuel cell cartridges packed with
equipment should be limited to packaging prepared for air transport
consistent with the ICAO TI. This is also consistent with the suggested
revisions to Sec.  173.230(e) and (f) in comments we received from FCC
in response to the July 31, 2008 NPRM. FCC suggested that we revise the
language in paragraph (f) to include a requirement that:

    For transportation by aircraft * * * when fuel cell cartridges
are packed with equipment, they must be packed in intermediate
packagings together with the equipment they are capable of powering
* * *.

    Therefore, HMT Associates' appeal is granted. In this final rule,
we are correcting paragraphs (e)(2)(i) and (f)(4) in Sec.  173.230 to
fully align the fuel cell cartridges packaging requirements with the
multimodal packing requirements as prescribed in ICAO TI Packing
Instruction 217 and UN Recommendations Packing Instruction P004. We are
also making clarifying corrections to paragraphs (e) and (f) for
consistency with changes made based on the appeal and for consistent
use of terms in the section. For example, in paragraph (f)(2) we are
correcting ``fuel cells'' to read ``fuel cell cartridges'' to clarify
the applicability to fuel cell cartridges.

III. Corrections and Amendments

    In this final rule, we are making editorial corrections and
clarifying amendments to sections that were amended by the January 14,
2009 final rule for purposes of consistency with grammatical
conventions and for consistency with similar provisions within the HMR.
We are also making conforming amendments to sections in the HMR
affected by the January 14, 2009 final rule. None of the clarifying or
conforming amendments are new requirements but provide for a better
understanding of the requirements adopted in the January 14, 2009 final
rule. The corrections and amendments are as follows:

Part 171

Section 171.7
    This section lists material incorporated by reference into the HMR.
In the January 14, 2009 final rule, we updated the address for ICAO
reference materials; however, we did not include the most current
address. In this final rule, we are correcting the entry to reflect the
current address.

Part 172

Section 172.101
    This section outlines the purpose and instructions for use of the
Hazardous Materials Table (HMT). We are removing an obsolete
transitional period in paragraph (l)(3) and replacing it with a
transition period specific to marking of cylinders containing
``Chlorine, UN1017.'' Under HM-215J, we revised the proper shipping
name entry for ``Chlorine'' to include Division 5.1 (oxidizer) as an
additional subsidiary hazard. Based on this revision, chlorine
cylinders marked in accordance with CGA C-7, Appendix A (see Sec.
172.400a) must now include the Division 5.1 subsidiary hazard number as
part of the marking. To allow for additional time to incorporate this
subsidiary hazard number as part of the marking, we are authorizing the
use of preprinted cylinder markings without the Division 5.1 subsidiary
hazard number until January 1, 2011.
    We are also making a number of editorial corrections to entries in
the Sec.  172.101 Hazardous Materials Table (HMT). The editorial
corrections are as follows:
     For the entry ``Gasoline includes gasoline mixed with
ethyl alcohol, with not more than 10% alcohol, UN1203,'' the Special
provisions in Column (7) are corrected to read ``144, 177, B1, B33,
IB2, T4, TP1.''
     The proper shipping name for the entry ``Regulated medical
waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO)Medical
waste, n.o.s., or Biomedical waste, n.o.s. or Medical waste, n.o.s.,
UN3291'' is corrected to read ``Regulated medical waste, n.o.s. or
Clinical waste, unspecified, n.o.s. or (BIO)Medical waste, n.o.s., or
Biomedical waste, n.o.s. or Medical waste, n.o.s., UN3291.'' This
correction is a ``remove/add.''
     The proper shipping name for the entry
``Trimethyltrichlorosilane, UN1298'' is corrected to read
``Trimethylchlorosilane.'' This correction is a ``remove/add.''
     The information contained in the HMT for the following
entries is being corrected by placing the information in the
appropriate Columns of the:
    [cir] ``Receptacles, small, containing gas or gas cartridges (non-
flammable) without release device, not refillable and not exceeding 1 L
capacity, UN2037.''
    [cir] ``Receptacles, small, containing gas or gas cartridges
(oxidizing) without release device, not refillable and not exceeding 1
L capacity, UN2037.''
Section 172.202
    This section sets forth requirements for the description of
hazardous materials on shipping papers. In paragraph (a)(4) of this
section, we are correcting the last sentence to enclose the phrase
``for example, ``PG II'' '' in parentheses. The parentheses were
inadvertently omitted in the January 14, 2009 final rule.
Section 172.322
    This section specifies marking requirements for packaging used to
transport marine pollutants. In paragraph (e)(2)(i), the number ``4''
is corrected to read ``3.9'' and in paragraph (e)(2)(ii), the number
``10'' is corrected to read ``9.8'' for consistency with similar
marking and labeling size specification requirements in the HMR.
Section 172.407
    This section establishes specifications for labels printed on or
affixed to packaging. In the January 14, 2009 final rule, we adopted a
new CARGO AIRCRAFT ONLY label in Sec.  172.448 of the HMR. The new
label contains text that differs from the previous label--specifically,
the phrase ``CARGO AIRCRAFT ONLY'' replaces the word ``DANGER.'' When
we adopted the new label, we failed to make conforming amendments to
the label specifications in Sec.  172.407 that reference text from the
old label. In this final rule, we are amending paragraph (c)(2) of
Sec.  172.407 to correctly reference the phrase ``CARGO AIRCRAFT ONLY''
and amending the text size specifications to require the letters to
measure at least 6.3 mm (0.25 inches) in height. The size requirement
for the letters has been reduced to accommodate the greater amount of
text that must be displayed on the label as shown in Sec.  172.448.
Section 172.448
    This section specifies the design of the ``CARGO AIRCRAFT ONLY''
label. For consistency with the revisions discussed above in Sec.
172.407, we are amending paragraph (c) of this section to emphasize
conformance with the label specifications for a ``CARGO AIRCRAFT ONLY''
label in Sec.  172.407 in addition to the specifications outlined in
paragraph (c) of this section.

Part 173

Section 173.4a
    This section specifies conditions for exception from the HMR
requirements for the transport of excepted quantities of hazardous
materials. In this final rule, we are amending the language for inner
packaging limits in paragraph (c)(1) to clarify the intent in the
January 14, 2009 final rule that the provision applies to both primary
and subsidiary hazards for Division 6.1 Packing Group I and II, solids
and liquids. We are also correcting paragraphs (e)(3)(i) and (g)(2). In
paragraph (e)(3)(i), we are removing the phrase ``[i]n such cases,
and'' which is extraneous language that was inadvertently included with
the paragraph and in paragraph (g)(2), we are correcting the word
``symbol'' to read ``marking'' to clarify that the size requirements
are intended to apply to the size of the marking and not the size of
the symbol within the marking.
Section 173.29
    This section specifies requirements for the transport of empty
packagings containing only the residue of a hazardous material. In the
January 14, 2009 final rule, we revised Sec.  173.115 with respect to
classification of Division 2.2 material by adopting the gauge pressure
criteria of 200 kPa (29.0 psig) but failed to make a conforming
revision to the Division 2.2 classification criteria in this section.
In this final rule, we are amending Sec.  173.29(b)(2)(iv)(B) for
consistency with the new classification criteria for Division 2.2
material in Sec.  173.115.
Section 173.62
    This section specifies authorized packaging for explosive
materials. In this final rule, in paragraph (c)(5), we are amending
Packing Instruction 114(b)(2) by correcting the words ``pack-agings''
and ``pre-vented'' to read ``packagings'' and ``prevented,''
respectively.
Section 173.115
    This section establishes the classification criteria for Class 2,
Division 2.1, 2.2, and 2.3 gases. In this final rule, for the Division
2.2 non-flammable, nonpoisonous gas criteria in paragraph (b)(1), we
are correcting the gauge pressure number ``25.9'' to read ``29.0''.
This correction reflects an error in conversion of the unit of measure
and is not a revision to the classification criteria.
Section 173.159a
    The section specifies the conditions for exception from the HMR
requirements for the transport of non-spillable batteries. In this
final rule, we are correcting the section heading ``Exceptions for Non-
spillable batteries'' to read ``Exceptions for non-spillable
batteries.'' In addition, in paragraph (b), we are correcting the word
``nonspillable'' in each place it appears to read ``non-spillable.''

Section 173.206
    This section specifies the packaging requirements for
chlorosilanes. In the January 14, 2009 final rule, we added this new
packaging section to the HMR to harmonize with new packaging
requirements for water-reactive chlorosilanes adopted in the Fifteenth
revised edition of the UN Recommendations. In our effort to harmonize
with the international standards, we inadvertently omitted the
authorization to use cylinders for these materials. Cylinders were
previously authorized for use in transport of these materials under
Sec. Sec.  173.201 and 173.202. In this final rule, we are correcting
paragraph (c) by reinstating the authorization to use certain cylinders
for transport of these materials. We note that aluminum cylinders
should not be used for the transport of these materials due to safety
concerns of incompatibility of aluminum and water-reactive
chlorosilanes. We may adopt revisions to the packaging provisions
prohibiting the use of aluminum cylinders for these materials in a
future rulemaking.
Section 173.220
    This section specifies the conditions for transportation of
internal combustion engines, vehicles, and mechanical equipment and
battery-powered vehicles and equipment. In the January 14, 2009 final
rule, we clarified the provisions for the transport of batteries and
battery-powered devices including the transport of vehicles and
equipment powered by batteries. In paragraph (d), we included an
incorrect reference to Sec.  173.185 regarding an exception to the
prohibition of lithium metal batteries aboard passenger-carrying
aircraft. In this final rule, we are correcting paragraph (d) to
reference the correct provision, specifically, Sec.  172.102, Special
Provision A101.
Section 173.230
    This section specifies packaging requirements for fuel cell
cartridges. Per the section II discussion of HMT Associates' appeal, in
this final rule, we are correcting paragraphs (e)(2) and (f) in Sec.
173.230 to clarify and align fully the fuel cell cartridge packaging
requirements with the multimodal packing requirements as prescribed in
the ICAO TI Packing Instruction 217 and UN Recommendations Packing
Instruction P004.
Sections 173.306
    This section specifies conditions for exception from the HMR
requirements for transportation of limited quantities of compressed
gases. In the January 14, 2009 final rule, we adopted provisions for
the transportation of limited quantities of Division 2.2 (non-
flammable) compressed gases in nonrefillable plastic receptacles
packaged in a strong outside packaging. These provisions are set forth
in conditions for shipment of these gases in specification 2S and non-
DOT specification plastic containers (Sec.  173.306(a)(5)) and in a new
specification 2S for the construction of these plastic containers
(Sec.  178.33b). See 74 FR at 2265, 2268-69. These requirements are
consistent with revisions adopted in the Fifteenth revised edition of
the UN Recommendations (<IP_ADDRESS>.2) and the 2009-2010 edition of the
ICAO TI (6;<IP_ADDRESS>). We concluded that these inner plastic containers
provide a level of safety equivalent to other authorized packaging, and
we could eliminate the need for issuance of a special permit to allow
the use of plastic containers for transport of limited quantities of
Division 2.2 gases with no subsidiary risk.
    Inner metal containers authorized for transport of limited
quantities of compressed gas have historically been subjected to a hot
water bath after filling to ensure the containers are free of leaks
prior to being offered for transportation. See Sec.  173.306(a)(3)(v).
Consistent with UN Recommendations and the ICAO TI, in the January 14,
2009 final rule, we adopted in Sec.  173.306(a)(5)(v) a similar hot
water bath test requirement for the specification 2S and non-DOT
specification plastic containers. The hot water bath for plastic
containers must be performed at temperatures and for a duration
sufficient to achieve internal pressure requirements. These elevated
temperatures may be destructive to the contents of containers or to the
material of construction of plastic containers. Thus, the hot water
bath test includes instruction for containers with contents sensitive
to heat or containers made of plastic materials which soften at higher
temperatures to be tested at a lower temperature. However, in adopting
the hot water bath provisions, we inadvertently left out the language
specific to plastic materials which soften at the test temperature. In
this final rule, we are correcting paragraph (a)(5)(v) to include
language that plastic materials which soften at the higher test
temperature of the hot water bath must be tested at the lower
temperature range of 20 [deg]C (68 [deg]F) to 30 [deg]C (86 [deg]F).
    Additionally, as part of the conditions for the shipment of limited
quantities of Division 2.2 (non-flammable) compressed gases in plastic
containers, we intended to adopt test methods alternative to the hot
water bath test in Sec.  173.306, specifically, pressure and leakage
tests subjected to each container prior to filling and a leakage test
subjected to each container after filling. The provisions for
alternative pressure and leakage tests to the hot water bath were
incorrectly placed in Sec.  178.33b-8, rather than in Sec.  173.306
where they properly belong. In doing so, we inadvertently required
manufacturers of the specification 2S plastic containers to perform the
alternative pressure and leakage tests as part of their production run
and then also required the filler to perform the hot water bath test.
This misplacement of the pressure and leakage tests would put domestic
manufacturers or fillers at a disadvantage as they are not afforded the
opportunity to utilize these tests as an alternative to the hot water
bath test as they would be if transporting under the ICAO TI or under
other international regulations that have adopted these provisions
based on the UN Recommendations. We believe this intent was understood
by the public and the regulated community. Therefore, to correct this
error, in this final rule, we are (1) removing the alternative pressure
and leakage test method provisions currently found in Sec.  178.33b-
8(b); (2) adding these provisions to Sec.  173.306 as a new paragraph
(a)(5)(vi); and (3) redesignating current paragraph (a)(5)(vi)
containing the packaging marking requirements as new paragraph
(a)(5)(vii).

Part 175

Section 175.10
    This section specifies conditions for exception from the HMR
requirements for the transport of hazardous materials aboard passenger
aircraft by passengers, crewmembers, and air operators. In the January
14, 2009 final rule, we revised paragraph (a)(18) to expand the types
of fuel cell cartridges permitted in carry-on baggage. Fuel cell
cartridges permitted for transport by passengers and crewmembers must
continue to conform to the rigorous performance criteria outlined in
this section. For consistency with the provisions for fuel cell
cartridges in Sec.  173.230, in this final rule, we are clarifying
paragraph (a)(18) of this section to indicate that the maximum quantity
of fuel for hydrogen in a metal hydride fuel cell cartridges is based
on the water capacity of the fuel cell cartridges rather than the net
quantity of fuel as is the case of all other types of fuels. Also, in
this final rule, we are correcting a grammatical error in paragraph
(a)(15)(iv)(B) by correcting

the ``,'' (comma) at the end of the subparagraph to read ``;''
(semicolon).

Part 178

Section 178.33b
    In this final rule, we are correcting the section heading
``Specification 2S; inner nonrefillable plastic receptacles
[Reserved]'' to read ``Specification 2S; inner nonrefillable plastic
receptacles.''
Section 178.33b-7
    This section specifies design qualification testing requirements
for Specification 2S packaging. In this final rule, we are correcting
the section heading ``Sec.  178.33b-7 Design Qualification Test'' to
read ``Sec.  178.33b-7 Design qualification test.'' We are also
correcting paragraph (a) to specify that the drop test requirements
apply to each new design rather than each container. The current
wording ``container type'' used in paragraph (a) comes from the British
Standard BS 5597:1991 (paragraph 2.11) in which ``type testing'' is
defined as testing to indicate whether an aerosol dispenser, made to a
unique specification and design, meets the appropriate requirements of
the standard. BS 5597:1991 was the basis for several special permits
issued by PHMSA authorizing the manufacture and use of these containers
prior to adoption of the provisions into the HMR. Design qualification
testing, or ``type testing,'' is intended to be performed only on new
designs and is repeated when the design features change in a meaningful
way, such as when the container is manufactured with a new mold, or if
the properties of the plastic material have changed. Therefore, in this
final rule, we are clarifying paragraph (a) by correcting Sec.
178.33b-7(a)(1) to require each new design be subjected to the drop
test requirements. Also, in the January 14, 2009 final rule, in a
response to comments, we agreed with a commenter that the drop test
criteria should be amended to specify that a container should not be
dropped on the valve. However, we inadvertently left this instruction
out of the final rule. In this final rule, we are correcting Sec.
178.33b-7(a)(1) by revising the language to specify the orientation of
the containers during the drop test. Finally, we are adding a new
paragraph (b) to this section to clarify when design qualification
testing is required.
Section 178.33b-8
    This section specifies production testing requirements for
Specification 2S packaging. In this final rule, we are correcting the
section heading ``Sec.  178.33b-8 Production Tests'' to read ``Sec.
178.33b-8 Production tests'' and correcting paragraph (b) by removing
the pressure and leak test requirements as discussed in Sec.  173.306
above.
Section 178.703
    The section specifies the packaging marking requirements for IBCs.
In the January 14, 2009 final rule, we included an additional marking
requirement for IBCs to display a symbol specifying the maximum
permitted stacking load applicable when an IBC is in use, with a
transition date until January 1, 2011. In this final rule, we are
correcting the language adopted in the January 14, 2009 final rule in
Sec.  178.703 by adding a new paragraph (b)(7) to specify that the
symbol is in addition to the marking requirements already in place in
paragraph (a)(1) and not a part of the that marking sequence.
Additionally, we are clarifying that the marking of the figure ``0''
that is required as part of the marking sequence in Sec.  178.703(a)(1)
is not required in association with the symbol for IBCs not capable of
being stacked.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule corrects several errors in the January 14, 2009 final
rule.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This final rule
corrects errors made during the development of the January 14, 2009
final rule and printing process and makes amendments to conform to
amendments made in the January 14, 2009 final rule.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034]. The revisions adopted in this final rule
do not alter the cost-benefit analysis and conclusions contained in the
Regulatory Evaluation prepared for the January 14, 2009 final rule. The
Regulatory Evaluation is available for review in the public docket for
this rulemaking.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''), and
the President's memorandum on ``Preemption'' in published in the
Federal Register on May 22, 2009 (74 FR 24693). This final rule
preempts State, local and Indian Tribe requirements but does not
propose any regulation that 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. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian Tribe requirements for certain
subjects. The subjects are:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    This final rule addresses covered subject items (1), (2), (3), and
(5) above and preempts State, local, and Indian Tribe requirements not
meeting the ``substantively the same'' standard. This final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2009. If the changes in this final rule are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, are at an economic disadvantage. These
companies are forced to comply with a

dual system of regulations. The changes in this rulemaking are intended
to avoid this result. Federal hazardous materials transportation law
provides at section 5125(b)(2) that, if DOT issues a regulation
concerning any of the covered subjects, DOT must determine and publish
in the Federal Register the effective date of Federal preemption. The
effective date may not be earlier than the 90th day following the date
of issuance of the final rule and not later than two years after the
date of issuance. The effective date of Federal preemption is April 5,
2010.

D. Executive Order 13175

    This final rule was 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, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
corrections and revisions contained in this final rule will have little
or no effect on the regulated industry. Based on the assessment in the
regulatory evaluation, to the January 14, 2009 final rule, I hereby
certify that, while this rule applies to a substantial number of small
entities, there will not be a significant economic impact on those
small entities. A detailed Regulatory Flexibility analysis is available
for review in the docket.
    This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
final rules on small entities are properly considered.

F. Paperwork Reduction Act

    This final rule imposes no new information collection requirements.

G. Regulatory 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act

    This final 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 objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. In the January 14, 2009 final rule,
we developed an assessment to determine the effects of these revisions
on the environment and whether a more comprehensive environmental
impact statement may be required. Our findings conclude that there are
no significant environmental impacts associated with this final rule.
Consistency in the regulations for the transportation of hazardous
materials aids in shippers' understanding of what is required and
permits shippers to more easily comply with safety regulations and
avoid the potential for environmental damage or contamination. For
interested parties, a detailed environmental assessment is included in
the January 14, 2009 final rule which is available in the public
docket.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.dot.gov/privacy.html.

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. PHMSA participates in the establishment of
international standards in order to protect the safety of the American
public, and we have assessed the effects of the final rule to ensure
that it does not exclude imports that meet this objective. Accordingly,
this rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

0
In consideration of the foregoing, 49 CFR Chapter I is amended by
making the following amendments:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. 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.

0
2. In Sec.  171.7, in the paragraph (a)(3) table, the entry for
``International Civil Aviation Organization (ICAO)'' is revised 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
------------------------------------------------------------------------

                              * * * * * * *
International Civil Aviation Organization (``ICAO''), 999 University
 Street, Montr[eacute]al, Quebec H3C 5H7, Canada, 1-514-954-8219, http://www.icao.int:

ICAO Technical Instructions available from: INTEREG, International
 Regulations, Publishing and Distribution Organization, P.O. Box 60105,
 Chicago, IL 60660.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS, AND SECURITY PLANS

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

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

0
4. In Sec.  172.101, paragraph (l)(3) is revised and the Hazardous
Materials Table is amended by removing, adding and revising entries, in
the appropriate alphabetical sequence, to read as follows:

Sec.  172.101   Purpose and use of the hazardous materials table.

* * * * *
    (l) * * *
    (3) Cylinders used for chlorine (UN1017) with preprinted markings
conforming to Sec.  172.400a(a)(1)(ii) without the Division 5.1
subsidiary hazard number may continue to be used until January 1, 2011.

                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Hazardous mate                                                                                (8)  Packaging (Sec.   173.***)             (9)  Quantity limitations         (10)  Vessel stowage
               rials descriptions    Hazard      Identification                                            Special     -----------------------------------------------------------------------------------------------------------------
   Symbols       and proper ship    class or        numbers              PG            Label codes        provisions                                                         Passenger       Cargo air
                   ping names       division                                                                (Sec.          Exceptions        Non-bulk          Bulk        aircraft/rail    craft only       Location          Other
(1)            (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REMOVE]..........  ..........  .................  ...............  ..................  ...............  ...............  ...............  ..............  ..............  ..............  ..............  ..............

                                                                                * * * * * * *
               Regulated medical          6.2  UN 3291..........  II.............  6.2...............  A13............  134............  197............  197...........  No limit......  No limit......  B.............  40
                waste, n.o.s. or
                Clinical waste,
                unspecified,
                n.o.s. or (BIO)-
                Medical waste,
                n.o.s., or
                Biomedical waste,
                n.o.s. or Medical
                waste, n.o.s..

                                                                                * * * * * * *
               Trimethyltrichloro           3  UN1298...........  II.............  3, 8..............  A3, A7, B77,     None...........  206............  243...........  1 L...........  5 L...........  E.............  40
                silane.                                                                                N34, T10, TP2,
                                                                                TP7, TP13.

                                                                                * * * * * * *
               [ADD].............  ..........  .................  ...............  ..................  ...............  ...............  ...............  ..............  ..............  ..............  ..............  ..............

                                                                                * * * * * * *
               Regulated medical          6.2  UN3291...........  II.............  6.2...............  A13............  134............  197............  197...........  No limit......  No limit......  B.............  40
                waste, n.o.s. or
                Clinical waste,
                unspecified,
                n.o.s. or (BIO)
                Medical waste,
                n.o.s., or
                Biomedical waste,
                n.o.s. or Medical
                waste, n.o.s..

                                                                                * * * * * * *
               Trimethylchlorosil           3  UN1298...........  II.............  3, 8..............  A3, A7, B77,     None...........  206............  243...........  1 L...........  5 L...........  E.............  40
                ane.                                                                                N34, T10, TP2,
                                                                                TP7, TP13.

                                                                                * * * * * * *
               [REVISE]..........  ..........  .................  ...............  ..................  ...............  ...............  ...............  ..............  ..............  ..............  ..............  ..............

                                                                                * * * * * * *
               Gasoline includes            3  UN1203...........  II.............  3.................  144, 177, B1,    150............  202............  242...........  5 L...........  60 L..........  E.............  ..............
                gasoline mixed                                                                          B33, IB2, T4,
                with ethyl                                                                              TP1.
                alcohol, with not
                more than 10%
                alcohol.

                                                                                * * * * * * *
               Receptacles,               2.2  UN2037...........  ...............  2.2...............  ...............  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40
                small, containing
                gas or gas
                cartridges(non-
                flammable)
                without release
                device, not
                refillable and
                not exceeding 1 L
                capacity.
               Receptacles,               2.2  UN2037...........  ...............  2.2, 5.1..........  A14............  306............  304............  None..........  1 kg..........  15 kg.........  B.............  40
                small, containing
                gas or gas
                cartridges
                (oxidizing)
                without release
                device, not
                refillable and
                not exceeding 1 L
                capacity.

                                                                                * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
5. In Sec.  172.202, in paragraph (a)(4), the last sentence is revised
to read as follows:

Sec.  172.202   Description of hazardous material on shipping papers.

    (a) * * *
    (4) * * * The packing group may be preceded by the letters ``PG''
(for example, ``PG II''); and
* * * * *

Sec.  172.322  [Amended]

0
6. In Sec.  172.322, in paragraph (e)(2)(i) introductory text, the
number ``4'' is revised to read ``3.9'' and in paragraph (e)(2)(ii),
the number ``10'' is revised to read ``9.8''.
0
7. In Sec.  172.407, paragraph (c)(2) is revised to read as follows:

Sec.  172.407  Label specifications.

* * * * *
    (c) * * *
    (2) The CARGO AIRCRAFT ONLY label must be a rectangle measuring at
least 110 mm (4.3 inches) in height by 120 mm (4.7 inches) in width.
The words ``CARGO AIRCRAFT ONLY'' must be shown in letters measuring at
least 6.3 mm (0.25 inches) in height.
* * * * *

0
8. In Sec.  172.448, paragraph (c) is revised to read as follows:

Sec.  172.448  CARGO AIRCRAFT ONLY label.

* * * * *
    (c) A CARGO AIRCRAFT ONLY label conforming to the specifications in
this section and in Sec.  172.407(c)(2) in effect on October 1, 2008,
may be used until January 1, 2013.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
9. 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.

0
10. In Sec.  173.4a, paragraphs (c)(1), (e)(3)(i), and (g)(2) are
revised to read as follows:

Sec.  173.4a  Excepted quantities.

* * * * *
    (c) * * *
    (1) For toxic material with a Division 6.1 primary or subsidiary
hazard, PG I or II--
    (i) 1 g (0.04 ounce) for solids; or
    (ii) 1 mL (0.03 ounce) for liquids;
* * * * *
    (e) * * *
    (3) * * *
    (i) Will absorb the entire contents of the inner packaging.
* * * * *
    (g) * * *
    (2) The marking must not be less than 100 mm (3.9 inches) by 100 mm
(3.9 inches), and must be durable and clearly visible.
* * * * *
0
11. In Sec.  173.29, paragraph (b)(2)(iv)(B) is revised to read as
follows:

Sec.  173.29  Empty packagings.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (B) A Division 2.2 non-flammable gas, other than ammonia,
anhydrous, and with no subsidiary hazard, at a gauge pressure less than
200 kPa (29.0 psig); at 20 [deg]C (68 [deg]F); and
* * * * *

0
12. In Sec.  173.62, in the paragraph (c)(5) Table of Packing Methods,
packing instruction entry 114(b) is revised to read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *
    (5) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                    Intermediate
        Packing instruction              Inner packagings            packagings            Outer packagings
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
114(b) This packing instruction      Bags                      Not necessary........  Boxes.
 applies to dry solids               paper, kraft              .....................  natural wood, ordinary
PARTICULAR PACKING REQUIREMENTS OR   plastics                  .....................   (4C1).
 EXCEPTIONS:.                        textile, sift-proof       .....................  natural wood, sift-proof
1. For UN 0077, 0132, 0234, 0235     woven plastics, sift-     .....................   walls (4C2).
 and 0236, packagings must be lead    proof.                   .....................  plywood (4D).
 free.                               ........................  .....................  reconstituted wood (4F).
2. For UN 0160 and UN 0161, when     Receptacles               .....................  fiberboard (4G).
 metal drums (1A2 or 1B2) are used    ...................                             ..........................
 as the outer packaging, metal       fiberboard                                       Drums.
 packagings must be so constructed   metal                                            steel, removable head
 that the risk of explosion, by      paper                                             (1A2).
 reason of increased internal        plastics                                         aluminum, removable head
 pressure from internal or external  woven plastics, sift-                             (1B2).
 causes, is prevented.                proof.                                          plywood (1D).
3. For UN 0160, UN 0161, and UN                                                       fiber (1G).
 0508, inner packagings are not                                                       plastics, removable head
 necessary if drums are used as the                                                    (1H2).
 outer packaging.
4. For UN 0508 and UN 0509, metal
 packagings must not be used.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  173.115  [Amended]

0
13. In Sec.  173.115, in paragraph (b)(1), the number ``25.9'' is
revised to read ``29.0''.

0
14. In Sec.  173.159a, the section heading is revised to read as set
for below and in paragraph (b), the word ``nonspillable'' is revised to
read ``non-spillable'' in each place it appears.

Sec.  173.159a  Exceptions for non-spillable batteries.

* * * * *

0
15. In Sec.  173.206, paragraph (c) is revised to read as follows:

Sec.  173.206  Packaging requirements for chlorosilanes.

* * * * *
    (c) Except for transportation by passenger aircraft, the following
single packagings are authorized:
Steel drum: 1A1
Steel jerrican: 3A1

    Plastic receptacle in steel drum: 6HA1
Cylinders (for liquids in PG I), specification or UN standard, as
prescribed for any compressed gas, except Specification 3HT and those
prescribed for acetylene
    Cylinders (for liquids in PG II), specification, as prescribed for
any compressed gas, except Specification 8 and 3HT cylinders.

0
16. In Sec.  173.220, in paragraph (d), the first sentence is revised
to read as follows:

Sec.  173.220  Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, and
battery powered vehicles or equipment.

* * * * *
    (d) Lithium batteries. Except as provided in Sec.  172.102, Special
Provision A101 of this subchapter, vehicles, engines and machinery
powered by lithium metal batteries that are transported with these
batteries installed are forbidden aboard passenger-carrying aircraft. *
* *
* * * * *

0
17. In Sec.  173.230, paragraphs (e)(2)(i) and (ii) and (f)(2) through
(4) are revised to read as follows:

Sec.  173.230  Fuel cell cartridges containing hazardous material.

* * * * *
    (e) * * *
    (2) * * *
    (i) Fuel cell cartridges packed with equipment must be packed with
cushioning material or divider(s) or inner packagings so that the fuel
cell cartridges are protected against damage that may be caused by the
shifting or placement of the equipment and cartridges within the
packaging.
    (ii) Fuel cell cartridges contained in equipment must be protected
against short circuits and the entire fuel cell system must be
protected from unintentional activation. The equipment must be securely
cushioned in the outer packaging.
    (f) * * *
    (2) For fuel cell cartridges contained in equipment, fuel cell
systems must not charge batteries during transport;
    (3) For transportation aboard passenger aircraft, for fuel cell
cartridges contained in equipment, each fuel cell system and fuel cell
cartridge must conform to IEC PAS 62282-6-1 Ed. 1 (IBR, see Sec.  171.7
of this subchapter) or a standard approved by the Associate
Administrator;
    (4) When packed with equipment, fuel cell cartridges must be packed
in an intermediate packaging along with the equipment they are capable
of powering, and the intermediate packagings packed in a strong outer
packaging. The maximum number of fuel cell cartridges in the
intermediate packaging may not be more than the number required to
power the equipment, plus two spares;
* * * * *

0
18. In Sec.  173.306, paragraph (a)(5)(v) is revised, paragraph
(a)(5)(vi) is redesignated as paragraph (a)(5)(vii), and new paragraph
(a)(5)(vi) is added to read as follows:

Sec.  173.306  Limited quantities of compressed gases.

    (a) * * *
    (5) * * *
    (v) Except as provided in paragraph (a)(5)(vi) of this section,
each container must be subjected to a test performed in a hot water
bath; the temperature of the bath and the duration of the test must be
such that the internal pressure reaches that which would be reached at
55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the liquid phase
does not exceed 95% of the capacity of the container at 50 [deg]C (122
[deg]F). If the contents are sensitive to heat, or if the container is
made of plastic material which softens at this test temperature, the
temperature of the bath must be set at between 20 [deg]C (68 [deg]F)
and 30 [deg]C (86 [deg]F) but, in addition, one container in 2,000 must
be tested at the higher temperature. No leakage or permanent
deformation of a container may occur except that a plastic container
may be deformed through softening provided that it does not leak.
    (vi) As an alternative to the hot water bath test in paragraph
(a)(5)(v) of this section, testing may be performed as follows:
    (A) Pressure and leak testing before filling. Each empty container
must be subjected to a pressure equal to or in excess of the maximum
expected in the filled containers at 55 [deg]C (131 [deg]F) (or 50
[deg]C (122 [deg]F) if the liquid phase does not exceed 95 percent of
the capacity of the container at 50 [deg]C (122 [deg]F). This must be
at least two-thirds of the design pressure of the container. If any
container shows evidence of leakage at a rate equal to or greater than
3.3 x 10-2 mbar[Cdot] L/s at the test pressure, distortion
or other defect, it must be rejected; and
    (B) Testing after filling. Prior to filling, the filler must ensure
that the crimping equipment is set appropriately and the specified
propellant is used before filling the container. Once filled, each
container must be weighed and leak tested. The leak detection equipment
must be sufficiently sensitive to detect at least a leak rate of 2.0 x
10-3 mbar[Cdot] L/s at 20 [deg]C (68 [deg]F). Any filled
container which shows evidence of leakage, deformation, or excessive
weight must be rejected.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
19. The authority citation for part 175 continues to read as follows:

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

0
20. In Sec.  175.10, paragraphs (a)(15)(iv)(B) and (a)(18)(ii) are
revised to read as follows:

Sec.  175.10  Exceptions for passengers, crewmembers, and air
operators.

    (a) * * *
    (15) * * *
    (iv) * * *
    (B) Is removed and placed in a strong, rigid packaging marked
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that
is properly marked); or
* * * * *
    (18) * * *
    (ii) The maximum water capacity of a fuel cell cartridge for
hydrogen in a metal hydride may not exceed 120 mL (4 fluid ounces). The
maximum quantity of fuel in all other fuel cell cartridge types may not
exceed:
    (A) 200 mL (6.76 ounces) for liquids;
    (B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in
metal fuel cell cartridges; or
    (C) 200 g (7 ounces) for solids.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
21. The authority citation for part 178 continues to read as follows:

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

0
22. In Sec.  178.33b, the section heading is revised to read as
follows:

Sec.  178.33b  Specification 2S; inner nonrefillable plastic
receptacles.

* * * * *

0
23. Section 178.33b-7 is revised to read as follows:

Sec.  178.33b-7  Design qualification test.

    (a) Drop testing. (1) To ensure that creep does not affect the
ability of the container to retain the contents, each new design must
be drop tested as follows: Three groups of twenty-five filled
containers must be dropped from 1.8 m (5.9 ft) on to a rigid, non-
resilient, flat and horizontal surface. One group must be conditioned
at 38 [deg]C (100 [deg]F)

for 26 weeks, the second group for 100 hours at 50 [deg]C (122 [deg]F)
and the third group for 18 hours at 55 [deg]C (131 [deg]F), prior to
performing the drop test. The closure, or sealing component of the
container, must not be protected during the test. The orientation of
the test container at drop must be statistically random, but direct
impact on the valve or valve closure must be avoided.
    (2) Criteria for passing the drop test: The containers must not
break or leak.
    (b) Design qualification testing must be completed if the design is
manufactured with a new mold or if there is any change in the
properties of the material of construction.

0
24. In Sec.  178.33b-8, the section heading is revised to read as
follows and paragraph (b) is removed and reserved:

Sec.  178.33b-8  Production tests.

* * * * *

0
25. In Sec.  178.703, paragraph (a)(1)(vii) is revised and a new
paragraph (b)(7) is added to read as follows:

Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (vii) The stacking test load in kilograms (kg). For IBCs not
designed for stacking, the figure ``0'' must be shown.
* * * * *
    (b) * * *
    (7) The symbol applicable to an IBC designed for stacking or not
designed for stacking, as appropriate, must be marked on all IBCs
manufactured, repaired or remanufactured after January 1, 2011 as
follows:
    (i)
    [GRAPHIC] [TIFF OMITTED] TR04JA10.097

    (ii) Display the symbol in a durable and visible manner.
    (iii) The symbol must not be less than 100 mm (3.9 inches) by 100
mm (3.9 inches).
    (iv) For IBCs designed for stacking, the maximum permitted stacking
load applicable when the IBC is in use must be displayed with the
symbol. The mass in kilograms (kg) marked above the symbol must not
exceed the load imposed during the design test, as indicated by the
marking in paragraph (a)(1)(vii) of this section, divided by 1.8. The
letters and numbers indicating the mass must be at least 12 mm (0.48
inches).

    Issued in Washington, DC on December 17, 2009, under authority
delegated in 49 CFR part 1.
M. Cynthia Douglass,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. E9-30556 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46858-46860]
[FR Doc No: 2011-19563]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64981; File No. SR-BX-2011-046]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX BX, Inc. To Amend
the BOX Fee Schedule

July 28, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 15, 2011, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the self-regulatory organization. The Exchange filed
the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the
Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Fee Schedule of the Boston
Options Exchange Group, LLC (``BOX''). While changes to the BOX Fee
Schedule pursuant to this proposal will be effective upon filing, the
changes will become operative on August 1, 2011. The text of the
proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room, on the Exchange's
Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings and on the Commission's Web site at http://www.sec.gov.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
Fees and Credits in Section 7
    Currently, Section 7d of the BOX Fee Schedule specifies a $0.30
credit and fee for transactions in the BOX Price Improvement Period
(``PIP''). These credits and fees apply equally to all account types,
whether Public Customer, Broker Dealer or Market Maker, and across
options classes, both those within the Penny Pilot program and those
not in the Penny Pilot program (``Non-Penny classes''), and are in
addition to any applicable trading fees, as described in Sections 1
through 3 of the BOX Fee Schedule.
    The Exchange proposes to increase the existing credits and fees
within Section 7d for PIP transactions in Non-Penny classes, and in
Penny Pilot classes (other than QQQQ, SPY, and IWM) where the trade
price is equal to or greater than $3.00, from $0.30 to $0.75. Further,
the Exchange proposes to add corresponding provisions and clarifying
language to Section 7d of the BOX Fee Schedule to specify that the fee
and credit for all PIP transactions will remain $0.30: (1) In QQQQ,
SPY, and IWM; and (2) in all other Penny Pilot Classes where the trade
price is less than $3.00.\5\
---------------------------------------------------------------------------

    \5\ See BOX Trading Rules Chapter V, Section 6(b). For the
QQQQs, SPR, and IWM, the minimum trading increment for all options
contracts will be one cent, and that for all classes in the Penny
Pilot trading at less than $3.00 per option, the minimum trading
increment shall be one cent.
---------------------------------------------------------------------------

    The proposed increase in credits and fees for the specified PIP
transactions is designed to provide all BOX market participants an
additional incentive to submit their customer orders to the PIP and
allow those orders the opportunity to benefit from its potential price
improvement. BOX believes that the change to PIP transaction fees and
credits are competitive, fair and reasonable, and non-discriminatory in
that they apply to all categories of participants and across all
account types. Additionally, BOX believes the

proposed change to the PIP fees and credits is fair and reasonable as
applied only to the specified classes and transactions because such
options trade at minimum increments of $.05 or $.10, providing greater
opportunity for market participants to offer additional price
improvement. BOX believes that the opportunity for additional price
improvement provided by these wider spreads merits offering more
inducement for market participants to increase the price improvement
for customer orders in these PIP transactions.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities. The Exchange
believes the proposal is an equitable allocation of reasonable fees and
other charges among BOX Options Participants. The Exchange also
believes that there is an equitable allocation of reasonable credits
among BOX Options Participants.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is equitable to provide a credit to
any Participant that removes liquidity through the PIP on behalf of its
customer. The Exchange believes this credit will attract additional
order flow to BOX and to the PIP in particular, to the benefit of all
market participants. The Exchange believes that it is an equitable
allocation of the fees and credits for PIP transactions because such
fees and credits apply uniformly to all categories of participants and
across all account types in the PIP. As stated above, the Exchange
believes the proposed change to the PIP fees and credits is fair as
applied only to the specified classes and transactions because such
options trade at minimum increments of $.05 or $.10, providing greater
opportunity for market participants to offer price improvement. The
Exchange believes it is fair to offer an additional incentive to market
participants to provide price improvement in these PIP transactions.
These options classes trade at minimum increments of $.05 or $.10,
providing greater opportunity for market participants to offer price
improvement. BOX believes that the opportunity for additional price
improvement provided by these wider spreads merits offering more
inducement for market participants to increase the price improvement
for customer orders in these PIP transactions. The Exchange believes
that customer orders in these PIP transactions will benefit from this
proposed change. All market participants that trade within the PIP, and
all PIP transactions will continue to be subject to the fees and
credits in Section 7 of the BOX Fee Schedule.
    Further, the Exchange believes the proposed fees and credits
related to the specified PIP transactions to be reasonable. BOX
operates within a highly competitive market in which market
participants can readily direct order flow to any of eight other
competing venues if they deem fee levels at a particular venue to be
excessive. The changes to BOX credits and fees proposed by this filing
are intended to attract order flow to BOX by offering incentives to all
market participants to submit their orders to the PIP for potential
price improvement. BOX notes that this proposed rule change will
increase both the fees and credit for these PIP transactions. The
result is that BOX will collect a $0.75 fee from Participants that add
liquidity in Non-Penny classes and PIP transactions in Penny classes,
other than QQQQ, SPY, and IWM, where the trade price is equal to or
greater than $3.00 and credit another Participant $0.75 for removing
liquidity in the same transactions. Stated otherwise, the fees
collected will not necessarily result in additional revenue to BOX, but
will simply allow BOX to provide the credit incentive to Participants
to attract additional order flow to the PIP. BOX believes it is
appropriate to provide incentives to market participants to use PIP,
resulting in potential benefit to customers through potential price
improvement, and to all market participants from greater liquidity.
    In particular, the proposed change will allow the fees charged on
BOX to remain competitive with other exchanges as well as apply such
fees in a manner which is equitable among all BOX Participants. The
Exchange believes that the PIP transaction fees and credits it assesses
are fair and reasonable and must be competitive with fees and credits
in place on other exchanges. Further, the Exchange believes that this
competitive marketplace impacts the fees and credits present on BOX
today and influences the proposal set forth above.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \8\ and Rule 19b-4(f)(2)
thereunder,\9\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. In addition, the Commission seeks
comment generally on (1) whether the proposed increases to the fees and
credits for specified PIP transactions are consistent with Section
6(b)(8) of the Act, which requires that the rules of an exchange not
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act, and (2) whether the proposed
fees are equitable as that term is used in Section 6(b)(4) of the Act,
and not unfairly discriminatory as that term is used in Section 6(b)(5)
of the Act. The Commission notes that a commenter on previous proposals
by the Exchange relating to these same fees and credits argued that the
Exchange's fee structure discriminates against PIP auction responders
in favor of PIP auction initiators.\10\ According to this commenter,
the net cost to a responder is much more than the net cost to a PIP
initiator because initiators may receive

a credit for removing liquidity when a customer order is executed in
the PIP, but no such credit is available to responders. As a result of
these comparatively higher fees, according to this commenter,
competitive responders will be less likely to participate in the PIP
and will participate less aggressively when they do participate, thus
burdening competition and reducing the likelihood and size of price
improvement in the PIP. Do you agree with this commenter? Please
explain why or why not.
---------------------------------------------------------------------------

    \10\ See Letters to Elizabeth M. Murphy, Secretary, Commission,
from John C. Nagel, Managing Director and General Counsel, Asset
Management and Markets, Citadel LLC, dated August 30, 2010 and May
3, 2011.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2011-046 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BX-2011-046. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NW.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2011-046 and should be
submitted on or before August 24, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-19563 Filed 8-2-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Page 28825]
[FR Doc No: 2021-11337]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3309-021]

Marlow Hydro, LLC; Notice of Effectiveness of Withdrawal of
License Application

    On December 1, 2020, Marlow Hydro, LLC (Marlow Hydro) filed an
application for a subsequent license for the 225-kilowatt Nash Mill Dam
Hydroelectric Project No. 3309. On May 5, 2020, Marlow Hydro filed a
notice of withdrawal of its application.
    No motion in opposition to the notice of withdrawal has been filed,
and the Commission has taken no action to disallow the withdrawal.
Pursuant to Rule 216(b) of the Commission's Rules of Practice and
Procedure,\1\ the withdrawal of the application became effective on May
21, 2021, and this proceeding is hereby terminated.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.216(b) (2020).

    Dated: May 21, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-11337 Filed 5-27-21; 8:45 am]
BILLING CODE 6717-01-P


From:	Amy Lamson/RTP/USEPA/US

To:	Ron Evans/RTP/USEPA/US@EPA

Cc:	David Misenheimer/RTP/USEPA/US@EPA, Kathy Kaufman/RTP/USEPA/US@EPA,
Ron Evans/RTP/USEPA/US@EPA

Date:	01/21/2010 05:34 PM

Subject:	Final NO2 NAAQS RIA

Ron,

Everything you need is in the I drive at
I:\2009_NOx_SOx_NAAQS_Proposal\NO2 Final RIA\Write-up\Version 1.20.10
clean.  I've also attached the files for easier forwarding if nothing
changes tomorrow.  The pdf versions are available in
I:\2009_NOx_SOx_NAAQS_Proposal\NO2 Final RIA\Write-up\PDF FINAL RIA.
The email and the cc list is below.  I am accessible by email and cell
phone<PHONE_NUMBER>) tomorrow.

Tom is going to be out of the office on Friday and probably Monday.  I
left a message for Rick Copland to see if he would be available to
upload the RIA in Tom's absence.  Also, Jan needs the links once it is
uploaded.  James Thurman is also out tomorrow, but he might be checking
email to see if he is needed.  As far as I understand, that is all we
need to do.

Thank you!

Amy Lamson

Air Benefit and Cost Group

Office of Air Quality Planning and Standards

US Environmental Protection Agency

109 TW Alexander Dr. (C439-02)

Research Triangle Park, NC 27711

Phone:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

------------------------------------------------------------------------
------------------------------------------------------------------------
-------------------------

To: Joseph-J Dougherty/DC/USEPA/US@EPA

cc:

Rosalina Rodriguez/RTP/USEPA/US@EPA, Charlotte Bertrand/DC/USEPA/US@EPA,
Nathalie Simon/DC/USEPA/US@EPA, Bruce Schillo/DC/USEPA/US@EPA, Kathy
Kaufman/RTP/USEPA/US@EPA, DavidA Evans/DC/USEPA/US@EPA, James
Thurman/RTP/USEPA/US@EPA, David Misenheimer/RTP/USEPA/US@EPA, Neal
Fann/RTP/USEPA/US@EPA, Al McGartland/DC/USEPA/US@EPA, Ron
Evans/RTP/USEPA/US, James Thurman/RTP/USEPA/US, Tyler Fox/RTP/USEPA/US,
Eileen Pritchard/DC/USEPA/US, Bridgid Curry/DC/USEPA/US, Tricia
Crabtree/RTP/USEPA/US, Alan Rush/DC/USEPA/US, Mary Henigin/DC/USEPA/US,
Lydia Wegman/RTP/USEPA/US, Amy Lamson/RTP/USEPA/US,

I am sending the Final NO2 RIA for Kathy Kaufman, since she is out of
the office.  If I have forgotten someone on the cc list, please let me
know.  By this email OAQPS is transmitting Chapters 1 through 6 of the
NO2 NAAQS RIA, as well as  the Executive Summary and Appendices 2a and
4a,to OPEI for OMB clearance.   I have also attached the ROCIS form.