[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56304-56318]
[FR Doc No: 2011-23167]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 105, 106, 107, 130, 171, 172, 173, 174, 176, and 177

[Docket No. PHMSA-2011-0134 (HM-244D)]
RIN 2137-AE77

Hazardous Materials: Minor Editorial Corrections and
Clarifications

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

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations. The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the regulations. The
amendments contained in this rule are non-substantive changes and do
not impose new requirements.

DATES: Effective date: September 13, 2011.

FOR FURTHER INFORMATION CONTACT: Rob Benedict, Standards and Rulemaking
Division,<PHONE_NUMBER>, PHMSA, East Building, PHH-10, 1200 New Jersey
Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts
171-180) to identify typographical errors, outdated addresses or other
contact information, and similar errors. In this final rule, we are
correcting typographical errors, incorrect CFR references and
citations, inconsistent use of terminology, misstatements of certain
regulatory requirements, inadvertent omissions of information and
outdated transition dates. Because these amendments do not impose new
requirements, notice and public comment are unnecessary. By making
these amendments effective without the customary 30-day delay following
publication, the changes will appear in the next published revision of
the 49 CFR.

II. Section-by-Section Review

    The following is a section-by-section summary of the minor
editorial corrections and clarifications made in this final rule.
PHMSA's Office of Hazardous Materials Safety (OHMS) recently underwent
an internal reorganization of the divisions that constitute OHMS. As a
result of this reorganization, there were several structural changes
and re-designations. Therefore, in addition to the minor editorial
corrections and clarifications made in this final rule, we are also
revising all outdated references to divisions that underwent a change
in name designation. Specifically, we are revising all outdated
references to the ``Office of Hazardous Materials Standards'' and are
replacing them with ``Standards and Rulemaking Division.'' We are
revising all outdated references to the ``Office of Special Permits and
Approvals'' and replacing them with ``Approvals and Permits Division.''
And we are revising all outdated references to the ``Office of
Hazardous Materials Enforcement'' and replacing them with ``Field
Operations.''

Part 105

Section 105.20
    This section specifies conditions and procedures for requesting
guidance and interpretations of the HMR. In this section, we are
revising an outdated reference to the ``Office of Hazardous Materials
Standards'' and are replacing it with ``Standards and Rulemaking
Division.'' This change reflects the name change resulting from PHMSA's
reorganization.
Section 105.25
    This section specifies the requirement for PHMSA to make certain
documents and information available to the public. In this section, we
are revising an outdated reference to the ``Office of Special Permits
and Approvals'' and replacing it with ``Approvals and Permits
Division.'' This change reflects the name change resulting from PHMSA's
reorganization.
Section 105.40
    This section specifies requirements for designated agents for non-
residents. In this section, we are revising an outdated reference to
the ``Office of Special Permits and Approvals'' and replacing it with
``Approvals and Permits Division.'' This change reflects the name
change resulting from PHMSA's reorganization.

Part 106

Section 106.95
    This section specifies conditions and procedures to request a
change to the regulations. In this section, we are revising an outdated
reference to the ``Office of Hazardous Materials Standards'' and
replacing it with ``Standards and Rulemaking Division.'' This change
reflects the name change resulting from PHMSA's reorganization.

Part 107

Section 107.105
    This section specifies conditions and procedures for an application
for a special permit. The e-mail address for the Approvals and Permits
Division in paragraph (a)(1)(iii) is no longer correct. Accordingly, we
are revising this e-mail address. Also, we are adding ``other ranking
official'' to the language in paragraph (a)(2). This language was
inadvertently omitted from the final rule published on July 26, 2011
under Docket Number PHMSA-2009-0410 (HM-233B) (76 FR 44496) entitled
``Revisions of Special Permits Procedures; Response to Appeals;

Corrections.'' This language was discussed and accepted in the preamble
of that final rule, but was inadvertently omitted in the regulatory
text.
Section 107.107
    This section specifies conditions and procedures for an application
for party status to a special permit. The e-mail address for the
Approvals and Permits Division in paragraph (b)(1)(iii) is no longer
correct. Accordingly, we are revising this e-mail address.
Section 107.109
    This section specifies conditions and procedures for an application
for a renewal of a special permit. The e-mail address for the Approvals
and Permits Division in paragraph (b)(1)(iii) is no longer correct.
Accordingly, we are revising this e-mail address.
Section 107.127
    This section specifies conditions for the availability of documents
for public inspection. In paragraph (a), we are revising an outdated
reference to the ``Office of Special Permits and Approvals'' and
replacing it with ``Approvals and Permits Division.'' This change
reflects the name change resulting from PHMSA's reorganization.
Section 107.305
    This section specifies the general requirements for investigations
and inspections. In paragraph (b)(4), we are revising an outdated
reference to the ``Office of Hazardous Materials Enforcement'' and
replacing it with ``Field Operations.'' This change reflects the name
change resulting from PHMSA's reorganization.
Section 107.608
    This section specifies the general registration requirements. As
part of the registration process, persons meeting the applicability
requirements of Sec.  107.601 must submit a DOT Form F 5800.2 to the
Grants and Registrations Branch of the Outreach, Training and Grants
Division of PHMSA. Paragraph (d) of this section provides information
on how to obtain copies of DOT form F 5800.2. The branch routing
symbol, phone number and the Web address for the grants and
registration branch in paragraph (d) are no longer correct.
Accordingly, we are revising the routing symbol, phone number and the
Web address.
Section 107.616
    This section details the payment procedures for the registration
program. Paragraph (a) of this section provides information on how to
submit payments via mail or the internet. The mailing address and the
Web address for the payments in paragraph (a) are no longer correct.
Accordingly, we are revising the mailing and Web addresses.
Section 107.805
    On December 9, 2005, PHMSA published a final rule under Docket
Number PHMSA-2005-22208 (HM-240) [70 FR 73156] entitled,
``Incorporation of Statutorily Mandated Revisions to the Hazardous
Materials Regulations.'' This final rule revised terminology,
definitions, and requirements for consistency with the Hazardous
Materials Safety and Security Reauthorization Act of 2005. As part of
this final rule, paragraph (f) of Sec.  107.805 was revised and a
transitional provision stating ``after May 31, 2004, no person may
requalify a DOT specification or special permit cylinder in accordance
with Sec.  180.209(g) of this chapter unless that person has been
issued a RIN as provided in paragraph (d) of this section'' was added.
In this final rule, we are removing the language ``after May 31, 2004''
since the transition date is no longer relevant.

Part 130

Section 130.31
    On June 17, 1996, the Research and Special Programs (RSPA), the
predecessor agency to PHMSA, issued a final rule under Docket Numbers
HM-214 and PC-1, entitled ``Oil Spill Prevention and Response Plans.''
This final rule adopted requirements for packaging, communication,
spill response planning and response plan implementation intended to
prevent and contain spills of oil during transportation. As part of
this final rule, a new section, Sec.  130.31 was added to prescribe the
requirements for oil spill response plans. This section contains
transition dates which are no longer valid. In this final rule, we are
removing the language ``After September 30, 1993'' from paragraph (a)
and ``After February 19, 1993'' from paragraph (b) since the transition
dates are no longer necessary.

Part 171

Part 171.7
    Paragraph (a) of Sec.  171.7 lists materials incorporated by
reference into the HMR. In paragraph (a)(3), we are correcting the
mailing address for the National Fire Protection Association.
Part 171.16
    This section contains the requirements for detailed hazardous
materials incident reports. In paragraph (b), we are revising the
mailing address, routing number and administration name.
Part 171.22
    This section prescribes the authorization and conditions for use of
international standards and regulations. On May 3, 2007, PHMSA issued a
final rule under Docket Number PHMSA-2005-23141 (HM-215F) [72 FR
25162], entitled ``Hazardous Materials: Revision and Reformatting of
Requirements for the Authorization to Use International Transport
Standards and Regulations.'' This final rule revised and consolidated
the requirements applicable to the use of authorized international
standards. Among the proposals adopted in this final rule was the
requirement for an international shipper, directly or through the
forwarding agent at the place of entry, to provide the initial U.S.
carrier with the shipper's certification required by Sec.  172.204 of
the HMR, unless the shipment is otherwise excepted from the
certification requirement. This section contains a transition date for
this requirement which has since expired. In this final rule, we are
removing the language ``After May 4, 2009'' from paragraph (f)(2) since
the transition date is no longer necessary.
Section 171.23
    This section prescribes requirements for specific materials and
packagings transported under the ICAO Technical Instructions, IMDG
Code, Transport Canada TDG Regulations or the IAEA Regulations. In
paragraph (a)(4)(ii), the word ``density'' is misspelled as ``ensity.''
In this rule, we are correcting this error.

Part 172

Section 172.101
    This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. In accordance
with Sec.  173.115(k)(6), when the contents of an aerosol are
classified as Division 6.1, PG III or Class 8, PG II or III, the
aerosol must be assigned a subsidiary hazard of Division 6.1 or Class
8, as appropriate. Currently, the entry in the HMT for aerosols with a
subsidiary hazard of corrosive is specified with the proper shipping
name ``Aerosols, corrosive, Packing Group II or III, (each not
exceeding 1 L capacity) UN1950.'' This proper shipping name limits this
entry to PG II and III in accordance with Sec.  173.115(k)(6). To
clarify that aerosols with a subsidiary hazard of poison may only be PG
III, in this rule the entry in

the HMT for Aerosols, poison is revised to read Aerosols, poison,
Packing Group III (each not exceeding 1 L capacity.) We are also
revising the proper shipping name for Aerosols, poison, (each not
exceeding 1 L capacity) to include a reference to the PG III limitation
specified in Sec.  173.115(k)(6).
    Some of the information for the entry ``Argon, compressed UN1006''
in the HMT, while correct, was reported under incorrect columns of the
HMT. In this final rule, we are revising the entry ``Argon, compressed
UN1006'' by correcting the information reported in columns 5, 6, 7, 8a,
8b, 8c, 9a, 9b, 10a and 10b.
    The entire entry for ``Helium, compressed UN 1046'' is italicized
in the HMT. This is incorrect. In this final rule, we are revising the
entry ``Helium, compressed UN1046'' to read ``Helium, compressed
UN1046.''
    For the entry, ``Hydrogen iodide, anhydrous UN2197,'' some of the
information in the HMT, while correct, was listed under the incorrect
columns. In this final rule, we are revising the entry ``Hydrogen
iodide, anhydrous UN2197'' by correcting the information reported in
columns 5, 6, 7, 8a, 8b, 8c, 9a and 9b.
    For the entry, ``Oxidizing solid, water-reactive, n.o.s. UN3121,''
some of the information in the HMT, while correct, was listed under the
incorrect columns. In this final rule, we are revising the entry
``Oxidizing solid, water-reactive, n.o.s. UN3121'' by correcting the
information reported in columns 5, 6, 7, 8a, 8b, 8c, 9a, 9b, 10a and
10b.
    The entry for ``PCB, see Polychlorinated biphenyls'' inadvertently
included an ``A'' and ``W'' in column 1 of the HMT. Polychlorinated
biphenyls are intended to be regulated by all modes. In this final
rule, we are revising the entry ``PCB, see Polychlorinated biphenyls''
by removing the information in the first column of the HMT for this
entry.
    On March 9, 1999, PHMSA published a final rule under Docket Number
RSPA 98-4185 (HM-215C) [64 FR 10742], entitled ``Harmonization with the
United Nations Recommendations, International Maritime Dangerous Goods
Code, and International Civil Aviation Organization's Technical
Instructions.'' In the HM-215C final rule, three entries were added for
``Pyrethroid pesticide, liquid toxic, 6.1, UN3352.'' These entries for
Pyrethroid pesticide, liquid toxic, 6.1, UN3352 inadvertently
referenced packagings designed for solids. In this final rule, we are
correcting the authorized packaging references in columns 8B and 8C to
reference packaging authorized for liquid hazardous materials to be
consistent with the liquid state of this material.
    On December 29, 2006, PHMSA published a final rule under Docket
Number PHMSA-2006-25476 (HM-215I) [71 FR 78596], entitled
``Harmonization with the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions.'' The HM-215I final rule revised
the 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. These revisions also harmonized the HMR with certain
changes to the International Maritime Dangerous Goods (IMDG) Code, the
International Civil Aviation Organization (ICAO) Technical
Instructions, and the United Nations (UN) Recommendations. As part of
the revisions in this final rule, new entries, ``Paint related
material, flammable, corrosive (including paint thinning or reducing
compound ),'' UN3469, PG I, II, and III were added to the HMT. However,
these entries were never published in subsequent versions of the HMR.
Therefore, in this final rule, we are correcting the HMT by adding the
entries for ``Paint related material, flammable, corrosive (including
paint thinning or reducing compound )'' UN3469, PG I, II, and III.
Section 172.301
    This section prescribes the general marking requirements for non-
bulk packagings. Paragraph (f) of this section contains a requirement
to mark NON-ODORIZED on cylinders containing Liquid Petroleum Gases.
This requirement was added to the regulations in the November 4, 2004
final rule under Docket Number RSPA-03-15327 (HM-206B) [69 FR 64462]
entitled ``Miscellaneous Changes to the Hazard Communication
Requirements.'' As part of this requirement a transition date was
included. In this final rule, we are removing the language ``After
September 30, 2006,'' from paragraph (f) since the transition date is
no longer relevant.
Section 172.323
    This section prescribes the requirements for marking a bulk
packaging containing a regulated medical waste. Paragraph (a) of this
section requires a bulk packaging to be marked with a BIOHAZARD marking
conforming to 29 CFR 1910.1030(g)(1)(i). This requirement was codified
into the regulations in a final rule published in the Federal Register
on August 14, 2002, under Docket Number RSPA-98-3971 (HM-226) [67 FR
53118], entitled ``Revision to Standards for Infectious Substances.'' A
transition date was included as part of this requirement. In this final
rule, we are removing the language ``after September 30, 2003,'' from
paragraph (f) since the transition date is no longer relevant.
Section 172.400a
    This section provides exceptions from the labeling requirements for
certain hazardous materials. In the final rule, published May 3, 2007,
under Docket Number PHMSA-2005-23141 (HM-215F) [72 FR 25162], entitled
``Revision and Reformatting of Requirements for the Authorization to
Use International Transport Standards and Regulations,'' the exceptions
for labeling were revised. As part of this revision, an incorrect
section was inadvertently referenced for Poison by Inhalation (PIH)
materials. Specifically, Sec.  172.400a(d) incorrectly references Sec.
171.23(b)(11) which addresses radioactive materials, instead of PIH
materials. Therefore, in this final rule, we are revising paragraph (d)
to replace the reference to ``Sec.  171.23(b)(11)'' with a reference to
``Sec.  171.23(b)(10).''
Section 172.402
    This section prescribes requirements for general specifications for
labels. In this final rule, we are removing language from paragraph (b)
that is past its transition date. Specifically, the sentence ``A
subsidiary label meeting the specifications of this section which were
in effect on September 30, 2001, such as, a label without the hazard
class or division number displayed in the lower corner of the label,
may continue to be used as a subsidiary label in domestic
transportation by rail or highway until October 1, 2005, provided the
color tolerances are maintained and are in accordance with the display
requirements in this subchapter.'' will be removed because this
allowance is no longer permitted.
Section 172.432
    This section prescribes requirements for INFECTIOUS SUBSTANCE
label. As amended on July 20, 2011 in the final rule published under
Docket Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled
``Miscellaneous Amendments'' the INFECTIOUS SUBSTANCE label
specification was

revised and a provision to use previously authorized labels was
included. In this final rule PHMSA is removing the wording ``September
30, 2011'' and adding the wording ``August 18, 2011'' in its place.
Section 172.446
    This section prescribes requirements for the CLASS 9 label. As
amended on July 20, 2011 in the final rule published under Docket
Number PHMSA-2009-0151 (HM-218F) [76 FR 43510], entitled
``Miscellaneous Amendments'' the CLASS 9 label specification was
updated and a provision to use previously authorized labels was
included. In this final rule PHMSA is removing the wording ``September
30, 2011'' and adding the wording ``August 18, 2011'' in its place.
Section 172.512
    This section prescribes requirements for placarding freight
containers and aircraft unit load devices. In this final rule, we are
re-designating the subparagraphs of paragraph (b) to clarify how
freight containers and unit load devices are regulated differently by
air transport and other modes. This clarification separates the
requirements for freight containers and unit load devices with a
capacity less than 18 m\3\ (640 cubic feet) transported by aircraft and
by all other modes into separate subparagraphs.
Section 172.519
    This section prescribes requirements for general specifications for
placards. In this final rule, we are removing language from paragraph
(b)(4) that is past its transition date. Specifically, the sentence
``Stocks of non-permanently affixed subsidiary placards in compliance
with the requirements in effect on September 30, 2001, may continue to
be used in domestic transportation by rail or highway until October 1,
2005, or until current stocks are depleted, whichever occurs first.''
will be removed because this allowance is not longer permitted.
    A final rule published May 3, 2007 under Docket Number PHMSA-2005-
23141 (HM-215F) [72 FR 25162], entitled ``Revision and Reformatting of
Requirements for the Authorization to Use International Transport
Standards and Regulations,'' included an incorrect reference in Sec.
172.519(f). In this rule, we are correcting Sec.  172.519(f) to provide
the correct reference for Poison by Inhalation (PIH) materials. With
regard to PIH materials, this section incorrectly references Sec.
171.23(b)(11) which pertains to radioactive materials instead of PIH
materials. Therefore, in this final rule we are revising paragraph (f)
to replace the reference to ``Sec.  171.23(b)(11)'' with a reference to
``Sec.  171.23(b)(10).''
Section 172.704
    This section prescribes the training requirements for hazardous
materials employees. Paragraph (a)(4) of this section details the
requirements for the security awareness training component of the
training requirements. This requirement was codified into the
regulations on March 25, 2003, in a final rule published in the Federal
Register under Docket Number RSPA-2002-12064 (HM-232) [68 FR 14510],
entitled ``Security Requirements for Offerors and Transporters of
Hazardous Materials.'' As part of this requirement, a transition date
of ``No later than the date of the first scheduled recurrent training
after March 25, 2003, and in no case later than March 24, 2006'' was
included. In this final rule, we are removing the transition language
from paragraph (a)(4) since the transition dates are no longer
relevant.
Section 172.800
    This section prescribes the requirements for development and
implementation of plans to address security risks related to the
transportation of hazardous materials in commerce. In this final rule,
we are removing the second occurrence of the word ``as'' in paragraph
(b)(15) to clarify that this requirement specifically refers to the 16
radioactive materials that the NRC identified as RAM-QC.
Section 172.820
    This section specifies additional security planning requirements
for transportation by rail. Paragraph (b) of Sec.  172.820 details the
requirements for compiling commodity data for rail carriers
transporting certain shipments of explosive, toxic by inhalation, and
radioactive materials. As part of the implementation plan for this
requirement, a transitional provision was included addressing how to
compile commodity data. This transitional provision has expired.
Therefore, in this rulemaking, we are removing the transitional
language from paragraph (b).
    Paragraph (f) of this section details the requirements for
completing the route analysis for rail carriers transporting certain
shipments of explosive, toxic by inhalation, and radioactive materials.
As part of the implementation plan for this requirement, a series of
transition dates were included regarding the completion of the route
analysis. These transition dates have expired. Therefore, in this
rulemaking, we are removing the transitional language from paragraph
(f).

Part 173

Section 173.8
    This section provides exceptions for non-specification packagings
used in intrastate transportation. Paragraph (d)(6) of Sec.  173.8,
includes a transition date to require that tanks authorized under Sec.
173.8 would have to meet the Part 180 requirements (except for Sec.
180.405(g)) in the same manner as required for DOT MC 306 cargo tank
motor vehicles after of July 1, 2000. In this final rule, we are
removing this transition date because it has expired.
Section 173.12
    This section provides exceptions for shipments of waste materials,
and contains two separate paragraphs with the designation ``(f).'' The
second appearance of paragraph (f), entitled ``Household waste'' is a
verbatim duplicate of paragraph (g), and, thus, unnecessary. Therefore,
in this rulemaking, we are removing the second paragraph (f) entitled
``Household waste'' and the associated text.
Section 173.22a
    This section prescribes the requirements for use of packagings
authorized under special permits. The Web address where copies of
special permits may be obtained in paragraph (b) is no longer correct.
Accordingly, we are revising this Web address in this final rule.
Section 173.24b
    This section prescribes the additional general requirements for
bulk packagings. In paragraph (e) of this section, the phrase
``Stacking of IBCs and Large Packagings'' is the title of paragraph (e)
and should be italicized. In this final rule we are correcting this
error by italicizing the title.
Section 173.52
    This section details the classification codes and compatibility
groups for explosives. Paragraph (b) of this section provides two
tables that detail the classification and compatibility scheme for
explosive materials. Table 2 shows the number of classification codes
that are possible within each explosive division. In the first column
of the last row, ``1.6'' was inadvertently added, leading to some
confusion with the Table. For clarification, in this rule, ``1.6'' will
be replaced by the word ``Total'' in the first column of the last row
to ensure reader ease of use.

Section 173.57
    This section prescribes the acceptance criteria for new explosives.
In paragraph (c)(1) of this section we are correcting a grammatical
error by adding the correct punctuation.
Section 173.58
    This section prescribes the assignment of class and division for
new explosives. In paragraph (b) of this section, the phrase ``Division
1.5 explosive'' is the title of paragraph (b) and should be italicized.
In this final rule, we will correct this error by italicizing the
title.
Section 173.62
    This section prescribes the specific packaging requirements for
explosives. In packaging instruction 130, we inadvertently removed the
authorization for the use of the following packagings--aluminum boxes
(4B) and natural wood, sift-proof walls boxes (4C2). In this final
rule, we are revising the packaging instruction 130 found in the Table
of Packing Methods in paragraph (c)(5) to reinstate aluminum boxes (4B)
and natural wood, sift-proof walls boxes (4C2) as authorized
packagings.
    In addition, in packaging instruction 132(a) the word ``contian''
is spelled incorrectly. In this final rule we are correcting the
spelling.
Section 173.115
    This section prescribes the definition for Class 2 materials.
Paragraph (a)(2) describes the flammable range of compressed gases and
states that the flammability of aerosols is determined by tests
specified in Sec.  173.115(k). This reference is incorrect. The correct
reference should be Sec.  173.115 (l). Therefore, in paragraph (a)(2),
the reference to ``Sec.  173.115(k)'' is corrected to read ``Sec.
173.115(l).''
    In addition, paragraph (l)(3) states ``Aerosols not meeting the
provisions of paragraphs (a) or (b) of this section must be classed in
accordance with the appropriate tests of the UN Manual of Tests and
Criteria (IBR, see Sec.  171.7 of this subchapter).'' The requirements
for classification of aerosols are found in paragraph (l)(1) and
(l)(2); thus, the references to paragraphs (a) and (b) are no longer
accurate. Therefore, in paragraph (l)(3), the reference to paragraphs
``(a) or (b)'' are corrected to read ``(l)(1) or (l)(2).''
Section 173.120
    This section prescribes the definition for Class 3 materials. In
paragraph (d), the current requirements inadvertently reference
incorrect parts of the subchapter. Therefore, in this final rule, we
are revising the wording ``requirements of parts 170-189 of this
subchapter.'' to correctly read ``requirements of parts 171-185 of this
subchapter.''
Section 173.168
    This section prescribes requirements for chemical oxygen generators
including their packaging requirements. In this rulemaking, we are
removing an outdated transition date specific to the implementation of
the requirements for outer packaging of chemical oxygen generators to
meet flame penetration and thermal resistance requirements when
transported aboard an aircraft. Specifically, we are revising paragraph
(d)(2) by removing the language ``After September 30, 2009'' since the
transitional provision is no longer relevant and all chemical oxygen
generators must meet flame penetration and thermal resistance
requirements when transported aboard an aircraft.
Section 173.301
    This section prescribes general requirements for shipment of
compressed gases and other hazardous materials in cylinders, UN
pressure receptacles and spherical vessels. Paragraph (f) prescribes
the requirements for pressure relief devices. In this final rule, we
are revising paragraph (f)(2) by removing the outdated transitional
language ``After December 31, 2003'' since this transitional provision
is no longer relevant.
    In addition, in this section the last paragraph is inadvertently
designated at paragraph (o). In this final rule, we are correcting
paragraph (o) to read paragraph (l). The title and text of the
paragraph remains unchanged.
Section 173.301a
    This section prescribes additional general requirements for
shipment of specification cylinders. Paragraph (d) describes the
pressure requirements for filling of cylinders at 55[deg] C (131[deg]
F). In this final rule, we are revising paragraph (d)(3) by removing
the outdated transitional language ``after December 31, 2003'' since
this transitional provision is no longer relevant.
Section 173.302
    This section prescribes the requirements for the filling of
cylinders with non-liquefied compressed gas. Compressed oxygen and
oxidizing gas transported by aircraft are required to be placed in
outer packagings that meet flame penetration and thermal resistance
requirements when transported aboard an aircraft. In this rulemaking,
we are removing all references to outdated transitional dates specific
to the implementation of the requirements for the outer packaging
containing a chemical oxygen generator. Specifically, we are revising
paragraphs (f)(3)(ii) and (f)(4) by removing the language ``After
September 30, 2009'' since the transitional provision is no longer
relevant.
Section 173.304
    This section prescribes the requirements for the filling of
cylinders with liquefied compressed gas. As described above, oxidizing
gas transported by aircraft are required to be placed in outer
packagings that meet flame penetration and thermal resistance
requirements when transported aboard an aircraft. In this rulemaking,
we are removing all references to outdated transition dates specific to
the implementation of the requirements for the outer packaging
containing a oxidizing gas transported by aircraft. Specifically, we
are revising paragraphs (f)(3)(ii) and (f)(4) by removing the language
``After September 30, 2009'' since the transitional provision is no
longer relevant.
Section 173.306
    Section 173.306 prescribes the requirements for the shipment of
limited quantities of compressed gases. Specifically, paragraph (a)(3)
details the requirements for metal aerosol containers. As part of these
requirements, each container must be subjected to a test performed in a
hot water bath. The intention of this requirement is that the
containers are placed in the hot water bath after they are filled with
a nonpoisonous (other than a Division 6.1 Packing Group III material)
liquid, paste or powder. PHMSA recognizes that as currently written,
the requirement does not clearly state when the hot water bath must be
conducted. Therefore, in this rulemaking, we are clarifying this
requirement to specify that the hot water bath must be conducted after
each container is filled.

Part 174

Section 174.104
    This section prescribes the general requirements for car selection,
preparation, inspection, and certification of rail cars containing
Division 1.1 or 1.2 (explosive) materials. We are revising paragraph
(f) to remove note 3, a reference to a transitional

provision, which expired on July 1, 1977 and is no longer needed.

Part 176

Section 176.77
    This section prescribes requirements for the stowage of barges
containing hazardous materials on board barge-carrying vessels. In this
rulemaking, we are removing the word ``storage'' in paragraph (c), and
replacing it with ``stowage'' to maintain consistency with the other
paragraphs in this section.
Section 176.137
    This section prescribes the portable magazine requirements for
explosives shipped by vessel. In this rulemaking, we are correcting a
typographical error in paragraph (b). Specifically, the text ``27 CFR
part 55 subpart K'' will be corrected to read ``27 CFR part 555 subpart
K.''

Part 177

Section 177.834
    This section prescribes the general requirements loading and
unloading of motor vehicles. We are revising paragraph (o)(3) to remove
a reference to a transitional provision which expired on October 1,
2004 and is no longer relevant. In addition, we are removing paragraph
(o)(4) because it also references to a transitional provision which
expired on October 1, 2004 and is also no longer necessary.
Section 177.835
    This section prescribes the requirements for shipment of Class 1
materials by ground. In paragraph (g)(3), the wording ``Department.''
is removed and the wording ``Associate Administrator.'' is added to
provide more consistency throughout the HMR. In paragraph (g)(3)(ii),
the wording ``Institute of Makers of Explosives' Safety Library
Publication No. 22'' is removed and the wording ``IME Standard 22'' is
added in its place to be consistent with other references to the same
standard in the HMR.
Section 177.840
    This section prescribes the general requirements for transporting
Class 2 materials via highway. We are revising paragraph (a)(1) to
remove a reference to a transitional provision which expired on
December 31, 2003 and is no longer relevant. In addition, we are
removing language in paragraph (u) because it references to a
transitional provision which expired on July 1, 2001 and is also no
longer needed.
Section 177.848
    This section prescribes the segregation requirements of hazardous
materials. In paragraph (g)(3)(vi) we are replacing the wording
``Vehicle'' with the wording ``Transport vehicle.'' This change
codifies into the regulations numerous long standing letters of
interpretation regarding the terminology used in paragraph (g)(3)(vi).

III. Regulatory Analyses and Notices

A. Statutory Authority

    This final rule is published under authority of 49 U.S.C. 5103(b),
which authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. The
purpose of this final rule is to remove unnecessary cross references to
the hazardous materials table, incorrect mailing addresses, grammatical
and typographical errors, and, in response to requests for
clarification, improve the clarity of certain provisions in the
Hazardous Materials Regulations.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This final rule does not
impose new or revised requirements for hazardous materials shippers or
carriers; therefore, it is not necessary to prepare a regulatory impact
analysis.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government; or (2) imposes substantial direct
compliance costs on state and local governments. PHMSA is not aware of
any state, local, or Indian tribe requirements that would be preempted
by correcting editorial errors and making minor regulatory changes.
This final rule does not have sufficient federalism impacts to warrant
the preparation of a federalism assessment.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.

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

    This final rule will not have a significant economic impact on a
substantial number of small entities. This rule makes minor editorial
changes which will not impose any new requirements on persons subject
to the HMR; thus, there are no direct or indirect adverse economic
impacts for small units of government, businesses, or other
organizations.

F. Executive Order 13563 Improving Regulation and Regulatory Review

    Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866 Regulatory Planning and
Review of September 30, 1993. In addition, Executive Order 13563
specifically requires agencies to: (1) Involve the public in the
regulatory process; (2) promote simplification and harmonization
through interagency coordination; (3) identify and consider regulatory
approaches that reduce burden and maintain flexibility; (4) ensure the
objectivity of any scientific or technological information used to
support regulatory action; consider how to best promote retrospective
analysis to modify, streamline, expand, or repeal existing rules that
are outmoded, ineffective, insufficient, or excessively burdensome.
    A complete review of the existing HMR led to the identification of
various minor errors in the HMR. The errors identified have no effect
on the intent or meaning of the regulations. The correction of these
errors will clarify current text while maintaining the intent of the
regulations affected. This final rule is designed to address those
errors by making non-substantive changes to the HMR such as editorial
changes, spelling corrections, removal of transitional requirements
that are no

longer applicable and formatting modifications. This final rule
corrects these errors but does not require the application of Executive
Order 13563. The final rule does however clarify the regulatory text
thus improving the regulations.

G. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $141.3
million or more to either state, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.

H. Paperwork Reduction Act

    There are no new information collection requirements in this final
rule.

I. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

J. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.

List of Subjects

49 CFR Part 105

    Administrative practice and procedure, Hazardous materials
transportation.

49 CFR Part 106

    Administrative practice and procedure, Hazardous materials
transportation.

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 130

    Oil pollution, Packaging and containers, Reporting and
recordkeeping requirements, Transportation.

49 CFR Part 171

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

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Rail
carriers, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.

49 CFR Part 177

    Hazardous materials transportation, Loading and Unloading,
Segregation and Separation.

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

PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITONS AND GENERAL
PROCEDURES

0
1. The authority citation for part 105 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec.  105.20  [Amended]

0
2. In Sec.  105.20, in paragraph (a)(4), the wording ``Office of
Hazardous Materials Standards'' is removed and the wording ``Standards
and Rulemaking Division'' is added in its place.

Sec.  105.25  [Amended]

0
3. In Sec.  105.25, in paragraph (b)(2)(iv), the wording ``Office of
Hazardous Materials Special Permits and Approvals'' is removed and the
wording ``Approvals and Permits Division'' is added in its place.

Sec.  105.40  [Amended]

0
4. In Sec.  105.40, in paragraph (d), the wording ``Office of Hazardous
Materials Special Permits and Approvals'' is removed and the wording
``Approvals and Permits Division'' is added in its place.

PART 106--RULEMAKING PROCEDURES

0
5. The authority citation for part 106 continues to read as follows:

    Authority:  49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec.  106.95  [Amended]

0
6. In Sec.  106.95, in paragraph (a), the wording ``Office of Hazardous
Materials Standards'' is removed and the wording ``Standards and
Rulemaking Division'' is added in its place.

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
7. The authority citation for part 107 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
8. In Sec.  107.105, in paragraph (a)(1)(iii), the wording
<EMAIL_ADDRESS>is removed and the wording
<EMAIL_ADDRESS>is added in its place, and paragraph (a)(2)
is revised to read as follows.

Sec.  107.105  Application for Special Permit

    (a) * * *
    (2) The application must state the name, mailing address, physical
address(es) of all known locations where the special permit would be
used, e-mail address (if available), and telephone number of the
applicant. If the applicant is not an individual, the application must
state the company name, mailing address, physical address(es) of all
known locations where the special permit would be used, e-mail address
(if available), and telephone number of an individual designated as the
point of contact for the applicant for all purposes related to the
application, the name of the company Chief Executive Officer (CEO) or
president, or ranking officer; and the Dun and Bradstreet Data
Universal Numbering System (D-U-N-S) identifier.
* * * * *

Sec.  107.107  [Amended]

0
9. In Sec.  107.107, in paragraph (b)(1)(iii), the wording
<EMAIL_ADDRESS>is removed and the wording
<EMAIL_ADDRESS>is added in its place.

Sec.  107.109  [Amended]

0
10. In Sec.  107.109, in paragraph (a)(1)(iii), the wording
<EMAIL_ADDRESS>is removed and the wording
<EMAIL_ADDRESS>is added in its place.

Sec.  107.127  [Amended]

0
11. In Sec.  107.127, in paragraph (a), the wording ``Office of
Hazardous Materials

Special Permits and Approvals'' is removed and the wording ``Approvals
and Permits Division'' is added in its place.

Sec.  107.305  [Amended]

0
12. In Sec.  107.305, in paragraph (b)(4), the wording ``Office of
Hazardous Materials Enforcement'' is removed and the wording ``Field
Operations'' is added in its place.

0
13. In Sec.  107.608, paragraph (d) is revised to read as follows.

Sec.  107.608  General registration requirements.

* * * * *
    (d) Copies of DOT Form F 5800.2 and instructions for its completion
may be obtained from the Outreach, Training and Grants Division, PHH-
50, U.S. Department of Transportation, Washington, DC 20590-0001, by
calling<PHONE_NUMBER>, or via the Internet at http://phmsa.dot.gov/hazmat/registration.
* * * * *

0
14. In Sec.  107.616, paragraph (a) is revised to read as follows.

Sec.  107.616  General registration requirements.

    (a) Each person subject to the requirements of this subpart must
mail the registration statement and payment in full to the U.S.
Department of Transportation, Hazardous Materials Registration, P.O.
Box 530273, Atlanta, GA 30353-0273, or submit the statement and payment
electronically through the Department's e-Commerce Internet site.
Access to this service is provided at http://phmsa.dot.gov/hazmat/registration. A registrant required to file an amended registration
statement under Sec.  107.608(c) must mail it to the same address or
submit it through the same Internet site.
* * * * *

0
15. In Sec.  107.805, in paragraph (f), the last sentence is revised to
read as follows.

Sec.  107.805  Approval of cylinder and pressure receptacle
requalifiers.

* * * * *
    (f) * * * No person may requalify a DOT specification/special
permit cylinder in accordance with Sec.  180.209(g) of this chapter
unless that person has been issued a RIN as provided in paragraph (d)
of this section.
* * * * *

PART 130--OIL SPILL PREVENTION AND RESPONSE PLANS

0
16. The authority citation for part 130 continues to read as follows:

    Authority:  33 U.S.C 1321; 49 CFR 1.53.

Sec.  130.31  [Amended]

0
17. In Sec.  130.31, paragraphs (a) introductory text and (b)
introductory text are revised to read as follows.

Sec.  130.31  Response plans.

    (a) No person may transport oil subject to this part unless that
person has a current basic written plan that:
* * * * *
    (b) No person may transport an oil subject to this part in a
quantity greater than 1,000 barrels (42,000 gallons) unless that person
has a current comprehensive written plan that:
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
18. 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
19. In Sec.  171.7, in the table, in paragraph (a)(3), in the first
column, the entry for ``National Fire Protection Association'' is
revised to read as follows:.

Sec.  171.7  Reference material.

    (a) * * *
    (3) * * *

------------------------------------------------------------------------
     Source and name of material               49 CFR reference
------------------------------------------------------------------------

                              * * * * * * *
National Fire Protection
 Association, 1 Batterymarch Park,
 Quincy, MA, 02169-7471 1-617-770-
 3000, http://www.nfpa.org:

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

* * * * *

0
20. In Sec.  171.16, paragraph (b)(1) is revised to read as follows:

Sec.  171.16  Detailed hazardous materials incident reports.

* * * * *
    (b) * * *
    (1) Submit a written Hazardous Materials Incident Report to the
Information Systems Manager, PHH-60, Pipeline and Hazardous Materials
Safety Administration, Department of Transportation, East Building,
1200 New Jersey Ave., SE., Washington, DC 20590-0001, or an electronic
Hazardous Material Incident Report to the Information System Manager,
PHH-60, Pipeline and Hazardous Materials Safety Administration,
Department of Transportation, Washington, DC 20590-0001 at http://hazmat.dot.gov;
* * * * *

0
21. In Sec.  171.22, paragraph (f)(2) is revised to read as follows:

Sec.  171.22  Authorization and conditions for the use of international
standards and regulations.

* * * * *
    (f) * * *
    (2) The shipper, directly or through the forwarding agent at the
place of entry, must provide the initial U.S. carrier with the
shipper's certification required by Sec.  172.204 of this subchapter,
unless the shipment is otherwise excepted from the certification
requirement. Except for shipments for which the certification
requirement does not apply, a carrier may not accept a hazardous
material for transportation unless provided a shipper's certification.
* * * * *

0
22. In Sec.  171.23, paragraph (a)(4)(ii) is revised to read as
follows:

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

* * * * *
    (a) * * *
    (4) * * *
    (ii) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief drive
for each cylinder conform to the requirements of this part for the gas
involved; and
* * * * *

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

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

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

0
24. In Sec.  172.101, in the Hazardous Materials Table, the following
entries under ``[REVISE]'' are revised and the entry under ``[ADD]'' is
added to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                                Sec.   172.101--HAZARDOUS MATERIALS TABLE
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                (8)  Packaging (Sec.   173.***)          (9)  Quantity limitations (see        (10)  Vessel stowage
                 Hazardous mate-     Hazard                                                                            ------------------------------------------------  Sec.  Sec.   173.27 and 175.75) -------------------------------
   Symbols     rials descriptions   class or     Identification         PG          Label Codes     Special provisions                                                 ----------------------------------
                 and proper ship-   division        numbers                                          (Sec.   172.102)     Exceptions       Non-bulk          Bulk          Passenger        Cargo air-       Location          Other
                   ping names                                                                                aircraft/rail      craft only
(1)            (2)...............         (3)  (4)..............  (5)..........  (6)..............  (7)...............  (8A)..........  (8B)..........  (8C)..........  (9A)...........  (9B)...........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REVISE]

                                                                                * * * * * * *
               Aerosols, poison,          2.2  UN1950...........  .............  2.2, 6.1.........  ..................  306...........  None..........  None..........  Forbidden......  Forbidden......  A.............  48, 87, 126
                Packing Group III
                (each not
                exceeding 1 L
                capacity).

                                                                                * * * * * * *
               Argon, compressed.         2.2  UN1006...........  .............  2.2..............  ..................  306, 307......  302...........  314, 315......  75 kg..........  150 kg.........  A.............  ..............

                                                                                * * * * * * *
               Helium, compressed         2.2  UN1046...........  .............  2.2..............  ..................  306...........  302...........  302, 314......  75 kg..........  150 kg.........  A.............  85

                                                                                * * * * * * *
               Hydrogen iodide,           2.3  UN2197...........  .............  2.3, 8...........  3, B14, N86, N89..  None..........  304...........  314, 315......  Forbidden......  Forbidden......  D.............  40
                anhydrous.

                                                                                * * * * * * *
G............  Oxidizing solid,           5.1  UN3121...........  .............  5.1, 4.3.........  62................  None..........  214...........  214...........  Forbidden......  Forbidden......  ..............  ..............
                water reactive,
                n.o.s..

                                                                                * * * * * * *
               PCB, see
                Polychlorinated
                biphenyls.

                                                                                * * * * * * *
               Pyrethroid                 6.1  UN3352...........  I............  6.1..............  T14, TP2, TP13,     None..........  201...........  243...........  1 L............  30 L...........  B.............  40
                pesticide, liquid                                                                    TP27.
                toxic.

                                                                                * * * * * * *
                                                                  II...........  6.1..............  IB2, T11, TP2,      153...........  202...........  243...........  5L.............  60L............  B.............  40
                                                                                TP27.
                                                                  III..........  6.1..............  IB3, T7, TP2, TP28  153...........  203...........  241...........  60L............  220L...........  A.............  40

                                                                                * * * * * * *
               [ADD]:

                                                                                * * * * * * *
               Paint related                3  UN3469...........  I............  3, 8.............  T11, TP2, TP27....  None..........  201...........  243...........  0.5 L..........  2.5 L..........  E.............  40
                material,
                flammable,
                corrosive
                (including paint
                thinning or
                reducing
                compound).

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

0
25. In Sec.  172.301, paragraph (f) is revised to read as follows:

Sec.  172.301  General marking requirements for non-bulk packagings.

* * * * *
    (f) NON-ODORIZED marking on cylinders containing LPG. No person may
offer for transportation or transport a specification cylinder, except
a Specification 2P or 2Q container or a Specification 39 cylinder, that
contains an unodorized Liquefied petroleum gas (LPG) unless it is
legibly marked NON-ODORIZED or NOT ODORIZED in letters not less than
6.3 mm (0.25 inches) in height near the marked proper shipping name
required by paragraph (a) of this section.

0
26. In Sec.  172.323, paragraph (a) introductory text is revised to
read as follows:

Sec.  172.323  Infectious substances.

    (a) In addition to other requirements of this subpart, a bulk
packaging containing a regulated medical waste, as defined in Sec.
173.134(a)(5) of this subchapter, must be marked with a BIOHAZARD
marking conforming to 29 CFR 1910.1030(g)(1)(i)--
* * * * *

0
27. In Sec.  172.400a, paragraph (d) is revised to read as follows:

Sec.  172.400a  Exceptions from labeling.

* * * * *
    (d) A package containing a material poisonous by inhalation (see
Sec.  171.8 of this subchapter) in a closed transport vehicle or
freight container may be excepted from the POISON INHALATION HAZARD or
POISON GAS label or placard, under the conditions set forth in Sec.
171.23(b)(10) of this subchapter.

0
28. In Sec.  172.402, paragraph (b) is revised to read as follows:

Sec.  172.402  Additional labeling requirements.

* * * * *
    (b) Display of hazard class on labels. The appropriate hazard class
or division number must be displayed in the lower corner of a primary
hazard label and a subsidiary hazard label.
* * * * *

Sec.  172.432  [Amended]

0
29. In Sec.  172.432, in paragraph (c) the wording ``September 30,
2011'' is removed and the wording ``August 18, 2011'' is added in its
place.

Sec.  172.446  [Amended]

0
30. In Sec.  172.446, in paragraph (c) the wording ``September 30,
2011'' is removed and the wording ``August 18, 2011'' is added in its
place.
0
31. In Sec.  172.512, paragraph (b) is revised to read as follows:

Sec.  172.512  Freight containers and aircraft unit load devices.

* * * * *
    (b) Capacity less than 18 m 3 (640 cubic feet). (1) Each person who
offers for transportation by air, and each person who loads and
transports by air, a hazardous material in a freight container or
aircraft unit load device having a capacity of less than 18 m\3\ (640
cubic feet) shall affix one placard of the type specified by paragraph
(a) of this section unless the freight container or aircraft unit load
device:
    (i) Is labeled in accordance with subpart E of this part, including
Sec.  172.406(e);
    (ii) Contains radioactive materials requiring the Radioactive
Yellow III label and is placarded with one Radioactive placard and is
labeled in accordance with subpart E of this part, including Sec.
172.406(e); or,
    (iii) Is identified as containing a hazardous material in the
manner provided in part 7, chapter 2, section 2.7, of the ICAO
Technical Instructions.
    (2) When hazardous materials are offered for transportation, not
involving air transportation, in a freight container having a capacity
of less than 640 cubic feet the freight container need not be
placarded. However, if not placarded, it must be labeled in accordance
with subpart E of this part.
* * * * *

0
32. In Sec.  172.519, paragraph (b)(4) and the last sentence in
paragraph (f) are revised to read as follows:

Sec.  172.519  General specifications for placards.

* * * * *
    (b) * * *
    (4) For a placard corresponding to the primary or subsidiary hazard
class of a material, the hazard class or division number must be
displayed in the lower corner of the placard. However, a permanently
affixed subsidiary placard meeting the specifications of this section
which were in effect on October 1, 2001, (such as, a placard without
the hazard class or division number displayed in the lower corner of
the placard) and which was installed prior to September 30, 2001, may
continue to be used as a subsidiary placard in domestic transportation
by rail or highway, provided the color tolerances are maintained and
are in accordance with the display requirements in this subchapter.
* * * * *
    (f) * * * However, a bulk packaging, transport vehicle, or freight
container containing a material poisonous by inhalation (see Sec.
171.8 of this subchapter) must be placarded in accordance with this
subpart (see Sec.  171.23(b)(10) of this subchapter).
* * * * *

0
33. In Sec.  172.704, paragraph (a)(4) is revised to read as follows:

Sec.  172.704  Training requirements.

    (a) * * *
    (4) Security awareness training. Each hazmat employee must receive
training that provides an awareness of security risks associated with
hazardous materials transportation and methods designed to enhance
transportation security. This training must also include a component
covering how to recognize and respond to possible security threats. New
hazmat employees must receive the security awareness training required
by this paragraph within 90 days after employment.
* * * * *

0
34. In Sec.  172.800, paragraph (b)(15) is revised to read as follows:

Sec.  172.800  Purpose and applicability.

* * * * *
    (b) * * *
    (15) International Atomic Energy Agency (IAEA) Code of Conduct
Category 1 and 2 materials including Highway Route Controlled
quantities as defined in 49 CFR 173.403 or known radionuclides in forms
listed as RAM-QC by the Nuclear Regulatory Commission;
* * * * *

0
35. In Sec.  172.820, paragraphs (b) introductory text and (f) are
revised to read as follows:

Sec.  172.820  Additional planning requirements for transportation by
rail.

* * * * *
    (b) Not later than 90 days after the end of each calendar year, a
rail carrier must compile commodity data for the previous calendar year
for the materials listed in paragraph (a) of this section. The
following stipulations apply to data collected:
* * * * *
    (f) Completion of route analysis. (1) The rail transportation route
analysis, alternative route analysis, and route selection process
required under paragraphs (c), (d), and (e) of this section must be
completed no later than the end of the calendar year following the year
to which the analyses apply.
    (2) The initial analysis and route selection determinations
required under paragraphs (c), (d), and (e) of this

section must include a comprehensive review of the entire system.
Subsequent analyses and route selection determinations required under
paragraphs (c), (d), and (e) of this section must include a
comprehensive, system-wide review of all operational changes,
infrastructure modifications, traffic adjustments, changes in the
nature of high-consequence targets located along, or in proximity to,
the route, and any other changes affecting the safety or security of
the movements of the materials specified in paragraph (a) of this
section that were implemented during the calendar year.
    (3) A rail carrier need not perform a rail transportation route
analysis, alternative route analysis, or route selection process for
any hazardous material other than the materials specified in paragraph
(a) of this section.
* * * * *

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

0
36. 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
37. In Sec.  173.8, paragraph (d)(6) is revised to read as follows:

Sec.  173.8  Exceptions for non-specification packagings used in
intrastate transportation.

* * * * *
    (d) * * *
    (6) For a tank authorized under paragraph (b) or (c) of this
section, conform to all requirements in part 180 (except for Sec.
180.405(g)) of this subchapter in the same manner as required for a DOT
specification MC 306 cargo tank motor vehicle.

Sec.  173.12  [Amended]

0
38. In Sec.  173.12, the second paragraph (f) immediately following
paragraph (g) is removed.

Sec.  173.22a  [Amended]

0
39. In Sec.  173.22a, in paragraph (b), the Web site address ``http://
hazmat.dot.gov/specialpermits--index.htm'' is removed and the Web site
address ``http://www.phmsa.dot.gov/hazmat/regs/sp-a'' is added in its
place.

0
40. In 173.24b, the heading of paragraph (e) is revised to read as
follows:

Sec.  173.24b  Additional general requirements for bulk packagings.

* * * * *
    (e) Stacking of IBCs and Large Packagings. * * *
* * * * *

0
41. In Sec.  173.52, in paragraph (b), table 2 is revised to read as
follows:

Sec.  173.52  Classification codes and compatibility groups of
explosives.

* * * * *
    (b) * * *

                                                                                Table 2--Scheme of Classification of Explosives, Combination of Hazard Division with Compatibility Group
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Compatibility group
       Hazard division        --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                       A                 B                 C                 D                 E                F                G                H                J                K                L                N                S               A-S
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1.1..........................  1.1A............  1.1B............  1.1C............  1.1D............  1.1E............  1.1F...........  1.1G...........  ...............  1.1J...........  ...............  1.1L...........  ...............  ...............  9
1.2..........................  ................  1.2B............  1.2C............  1.2D............  1.2E............  1.2F...........  1.2G...........  1.2H...........  1.2J...........  1.2K...........  1.2L...........  ...............  ...............  10
1.3..........................  ................  ................  1.3C............  ................  ................  1.3F...........  1.3G...........  1.3H...........  1.3J...........  1.3K...........  1.3L...........  ...............  ...............  7
1.4..........................  ................  1.4B............  1.4C............  1.4D............  1.4E............  1.4F...........  1.4G...........  ...............  ...............  ...............  ...............  ...............  1.4S...........  7
1.5..........................  ................  ................  ................  1.5D............  ................  ...............  ...............  ...............  ...............  ...............  ...............  ...............  ...............  1
1.6..........................  ................  ................  ................  ................  ................  ...............  ...............  ...............  ...............  ...............  ...............  1.6N...........  ...............  1
                              --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total....................  1...............  3...............  4...............  4...............  3...............  4..............  4..............  2..............  3..............  2..............  3..............  1..............  1..............  35
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0
42. In Sec.  173.57, paragraph (c)(1) is revised to read as follows:

Sec.  173.57  Acceptance criteria for new explosives.

* * * * *
    (c) * * *
    (1) It does not have, when uniformly mixed with the absorbent
material, a satisfactory antacid in a quantity sufficient to have the
acid neutralizing power of an amount of magnesium carbonate equal to
one percent of the nitroglycerin or other liquid explosive ingredient;
* * * * *

0
43. In Sec.  173.58, the heading of paragraph (b) is revised to read as
follows:

Sec.  173.58  Assignment of class and division for new explosives.

* * * * *
    (b) Division 1.5 explosive. * * *
* * * * *

0
44. In Sec.  173.62, in paragraph (c)(5), in the Table of Packing
Methods, Packing Instructions 130 and 132(a) are revised to read as
follows:

Sec.  173.62  Specific packaging requirements for explosives.

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

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

                                                                      * * * * * * *
130..............................  Not necessary.................  Not necessary................  Boxes.

Particular Packaging                                                                              Steel (4A).
 Requirements: The following                                                                      Aluminum (4B).
 applies to UN 0006, 0009, 0010,                                                                  Wood natural, ordinary (4C1).
 0015, 0016, 0018, 0019, 0034,                                                                    Wood natural, sift-proof walls (4C2).
 0035, 0038, 0039, 0048, 0056,                                                                    Plywood (4D).
 0137, 0138, 0168, 0169, 0171,                                                                    Reconstituted wood (4F).
 0181, 0182, 0183, 0186, 0221,                                                                    Fiberboard (4G).
 0238, 0243, 0244, 0245, 0246,                                                                    Plastics, expanded (4H1).
 0254, 0280, 0281, 0286, 0287,                                                                    Plastics, solid (4H2).
 0297, 0299, 0300, 0301, 0303,                                                                    Drums.
 0321, 0328, 0329, 0344, 0345,                                                                    Steel, removable head (1A2).
 0346, 0347, 0362, 0363, 0370,                                                                    Aluminum, removable head (1B2).
 0412, 0424, 0425, 0434, 0435,                                                                    Plywood (1D).
 0436, 0437, 0438, 0451, 0459 and                                                                 Fiber (1G).
 0488. Large and robust                                                                           Plastics, removable head (1H2).
 explosives articles, normally                                                                    Large Packagings.
 intended for military use,                                                                       Steel (50A).
 without their means of                                                                           Aluminum (50B).
 initiation or with their means                                                                   Metal other than steel or aluminum (50N).
 of initiation containing at
 least two effective protective
 features, may be carried
 unpackaged. When such articles
 have propelling charges or are
 self-propelled, their ignition
 systems must be protected
 against stimuli encountered
 during normal conditions of
 transport. A negative result in
 Test Series 4 on an unpackaged
 article indicates that the
 article can be considered for
 transport unpackaged. Such
 unpackaged articles may be fixed
 to cradles or contained in
 crates or other suitable
 handling devices.
                                                                                Rigid plastics (50H).
                                                                                Natural wood (50C).
                                                                                Plywood (50D).
                                                                                Reconstituted wood (50F).
                                                                                Rigid fiberboard (50G).

                                                                      * * * * * * *
132(a) For articles consisting of  Not necessary.................  Not necessary................  Boxes.
 closed metal, plastic or                                                                         steel (4A).
 fiberboard casings that contain                                                                  aluminum (4B).
 detonating explosives, or
 consisting of plastics-bonded
 detonating explosives.
                                                                                wood, natural; ordinary (4C1).
                                                                                wood, natural, sift proof walls (4C2).
                                                                                plywood (4D).
                                                                                reconstituted wood (4F).
                                                                                fiberboard (4G).
                                                                                plastics, solid (4H2).

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

0
45. In Sec.  173.115, paragraphs (a)(2) and (l)(3) are revised to read
as follows:

Sec.  173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

    (a) * * *
    (2) Has a flammable range at 101.3 kPa (14.7 psia) with air of at
least 12 percent regardless of the lower limit. Except for aerosols,
the limits specified in paragraphs (a)(1) and (a)(2) of this section
shall be determined at 101.3 kPa (14.7 psia) of pressure and a
temperature of 20 [deg]C (68 [deg]F) in accordance with the ASTM E681-
85, Standard Test Method for Concentration Limits of Flammability of
Chemicals or other equivalent method approved by the Associate
Administrator. The flammability of aerosols is determined by the tests
specified in paragraph (l) of this section.
* * * * *
    (l) * * *
    (3) Aerosols not meeting the provisions of paragraphs (l)(1) or
(1)(2) of this section must be classed in accordance with the
appropriate tests of the UN Manual of Tests and Criteria (IBR, see
Sec.  171.7 of this subchapter). An aerosol which was tested in
accordance with the requirements of this subchapter in effect on
December 31, 2005, is not required to be retested.
* * * * *

Sec.  173.120  [Amended]

0
46. In Sec.  173.120, in paragraph (d) the wording ``requirements of
parts 170-189 of this subchapter.'' is removed and the wording
``requirements of parts 171 through 185 of this subchapter.'' is added
in its place.

0
47. In Sec.  173.168, paragraph (d)(2) introductory text is revised to
read as follows:

Sec.  173.168  Chemical oxygen generators.

* * * * *
    (d) * * *
    (2) With its contents, is capable of meeting the following
additional requirements when transported by cargo-only aircraft:
* * * * *

0
48. In Sec.  173.301, paragraph (f)(2) is revised to read as follows
and paragraph (o) is re-designated as paragraph (l):

Sec.  173.301  General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.

* * * * *
    (f) * * *
    (2) A pressure relief device, when installed, must be in
communication with the vapor space of a cylinder

containing a Division 2.1 (flammable gas) material.
* * * * *

0
49. In Sec.  173.301a, paragraph (d)(3) is revised to read as follows:

Sec.  173.301a  Additional general requirements for shipment of
specification cylinders.

* * * * *
    (d) * * *
    (3) The pressure at 55 [deg]C (131 [deg]F) of Hazard Zone A and
Hazard Zone B materials may not exceed the service pressure of the
cylinder. Sufficient outage must be provided so that the cylinder will
not be liquid full at 55 [deg]C (131 [deg]F).
* * * * *

0
50. In Sec.  173.302, paragraphs (f)(3)(ii) and (f)(4) are revised to
read as follows:

Sec.  173.302  Filling of cylinders with nonliquefied (permanent)
compressed gases.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Is capable of passing, as demonstrated by design testing, the
Flame Penetration Resistance Test in Appendix E to part 178 of this
subchapter; and
* * * * *
    (4) The cylinder and the outer packaging must be capable of
passing, as demonstrated by design testing, the Thermal Resistance Test
specified in Appendix D to part 178 of this subchapter.
* * * * *

0
51. In Sec.  173.304, paragraphs (f)(3)(ii) and (f)(4) are revised to
read as follows:

Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Is capable of passing, as demonstrated by design testing, the
Flame Penetration Resistance Test in Appendix E to part 178 of this
subchapter; and
* * * * *
    (4) The cylinder and the outer packaging must be capable of
passing, as demonstrated by design testing, the Thermal Resistance Test
specified in Appendix D to part 178 of this subchapter.
* * * * *

0
52. In Sec.  173.306, paragraph (a)(3)(v) is revised to read as
follows:

Sec.  173.306  Limited quantities of compressed gases.

    (a) * * *
    (3) * * *
    (v) Each container, after it is filled, 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) (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, 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.
* * * * *

PART 174--CARRIAGE BY RAIL

0
53. The authority citation for part 174 continues to read as follows:

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

0
54. In Sec.  174.104, paragraph (f) is revised to read as follows.

Sec.  174.104  Division 1.1 or 1.2 (explosive) materials; car
selection, preparation, inspection, and certification.

* * * * *
    (f) Each car certificate for use in connection with the inspection
of rail cars for the carriage of Division 1.1 or 1.2 (explosive)
materials shall be printed on strong tag board measuring 18 by 18 cm
(7.1 by 7.1 inches) or 15 by 20 cm (5.9 by 7.9 inches). It must be duly
executed in triplicate by the carrier, and by the shipper if he loads
the shipments. The original must be filed by the carrier at the
forwarding station in a separate file and the other two must be
attached to the car, one to each outer side on a fixed placard board or
as otherwise provided.

-------------------- Railroad
CAR CERTIFICATE

No. 1 ------ Station ------------

19---- .

    I hereby certify that I have this day personally examined Car
Number ------ and that the car is in condition for service and complies
with the FRA Freight Car Safety Standards (49 CFR part 215) and with
the requirements for freight cars used to transport explosives
prescribed by the DOT Hazardous Materials Regulation (49 CFR part 174).

Qualified Person Designated Under 49 CFR 215.11

No. 2 ------ Station ------------

19 ---- .

    I have this day personally examined the above car and hereby
certify that the explosives in or on this car, or in or on vehicles or
in containers have been loaded and braced; that placards have been
applied, according to the regulations prescribed by the Department of
Transportation; and that the doors of cars so equipped fit or have been
stripped so that sparks cannot enter.

Shipper or his authorized agent
Qualified Person Designated Under 49 CFR 215.11

No. 3 ------ Station ------------

19 ---- .

    I hereby certify that I have this day personally supervised the
loading of the vehicles or containers on and their securement to the
above car.
Shipper or railway employee inspecting loading and securement

    Note 1:  A shipper must decline to use a car not in proper
condition.

    Note 2:  All certificates, where applicable, must be signed.

PART 176--CARRIAGE BY VESSEL

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

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

0
56. In Sec.  176.77, paragraph (c) is revised to read as follows:

Sec.  176.77  Stowage of barges containing hazardous materials on board
barge-carrying vessels.

* * * * *
    (c) A barge which contains hazardous materials for which both ``on
deck'' and ``below deck'' stowage is authorized may be stowed above or
below the weather deck.

0
57. In Sec.  176.137, paragraph (b) is revised to read as follows:

Sec.  176.137  Portable magazine.

* * * * *
    (b) A portable magazine which meets the requirements for a type 2
or type 3 magazine under 27 CFR part 555 subpart K may be used for the
stowage of Class 1 (explosive) materials on board vessels.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
58. The authority citation for part 177 continues to read as follows:

    Authority:  49 U.S.C. 5101-5127; 49 CFR part 1.53.

0
59. In Sec.  177.834, paragraph (o)(3) is revised and paragraph (o)(4)
is removed to read as follows:

Sec.  177.834  General requirements.

* * * * *
    (o) * * *
    (3) An IM or UN portable tank equipped with a bottom outlet as
authorized in Column (7) of the Sec.  172.101 Table of this subchapter
by assignment of a T Code in the appropriate proper shipping name
entry, and that contains a liquid hazardous material of Class 3, PG I
or II, or PG III with a flash point of less than 100 [deg]F (38
[deg]C); Division 5.1, PG I or II; or Division 6.1, PG I or II, must
conform to the outlet requirements in Sec.  178.275(d)(3) of this
subchapter.

Sec.  177.835  [Amended]

0
60. In Sec.  177.835, revise paragraphs (g)(3) introductory text and
(g)(3)(ii) to read as follows:

Sec.  177.835  Class 1 materials

* * * * *
    (g) * * *
    (3) It is packed and loaded in accordance with a method approved by
the Associate Administrator. One approved method requires that--
* * * * *
    (ii) That both the detonators and the container or compartment meet
the requirements of the IME Standard 22 (IBR, see Sec.  171.7 of this
subchapter).
* * * * *

0
61. In Sec.  177.840, paragraphs (a)(1) and (u) are revised to read as
follows:

Sec.  177.840  Class 2 (gases) materials.

    (a) * * *
    (1) Cylinders. Cylinders containing Class 2 gases must be securely
restrained in an upright or horizontal position, loaded in racks, or
packed in boxes or crates to prevent the cylinders from being shifted,
overturned or ejected from the motor vehicle under normal
transportation conditions. A pressure relief device, when installed,
must be in communication with the vapor space of a cylinder containing
a Division 2.1 (flammable gas) material.
* * * * *
    (u) Unloading of chlorine cargo tank motor vehicles. Unloading of
chlorine from a cargo tank motor vehicle must be performed in
compliance with Section 3 of the Chlorine Institute Pamphlet 57,
``Emergency Shut-off Systems for Bulk Transfer of Chlorine'' (IBR, see
Sec.  171.7 of this subchapter).

Sec.  177.848  [Amended]

0
62. In Sec.  177.848 in paragraph (g)(3)(vi) the wording ``vehicle'' is
removed and the wording ``transport vehicle'' is added in its place.

    Issued in Washington, DC, on September 6, 2011 under authority
delegated in 49 CFR part 1.
Timothy P. Butters,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2011-23167 Filed 9-12-11; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Proposed Rules]
[Pages 68016-68017]
[FR Doc No: 2013-27119]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 26

[Docket No. OST-2012-0147]
RIN 2105-AE08

Disadvantaged Business Enterprise: Program Implementation
Modifications

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM); rescheduling public
listening session; reopening of public comment period.

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

SUMMARY: On September 18, 2013, the Department of Transportation (DOT)
issued a notice announcing a public listening session on October 9,
2013 concerning the proposed changes to the Department's Disadvantaged
Business Enterprise (DBE) program found in the Notice of Proposed
Rulemaking (NPRM) published on September 6, 2012. The Department also
announced that it would be reopening the public comment period from the
date of publication until October 30, 2013. However, due to the lapse
in government funding on October 1, 2013, the Department canceled the
October 9, 2013 meeting. The Department is rescheduling the public
listening session on this rulemaking to December 5, 2013 from 11:00
a.m. to 5:00 p.m. Eastern Standard Time. The comment period is extended
to December 26, 2013.

DATES: A public listening session will be held on December 5, 2013, in
Washington, DC, from 11:00 a.m. EST to 5:00 p.m. EST. The comment
period for the NPRM is reopened and extended to December 26, 2013.

ADDRESSES: The public listening session will be held at DOT's
Washington, DC Headquarters at 1200 New Jersey Avenue SE., Washington,
DC, 20590, in the Media Center auditorium located on the ground floor
of the West Building.

FOR FURTHER INFORMATION CONTACT: Jo Anne Robinson, Office of General
Law, Office of the General Counsel, U.S. Department of Transportation,
1200 New Jersey Avenue SE., Washington, DC 20590,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On September 6, 2012, the Department
published a notice of proposed rulemaking (NPRM) entitled,
``Disadvantaged Business Enterprise: Program Implementation
Modifications,'' at 77 FR 54952, that proposed various changes to the
Department's DBE program, including: Revisions to personal net worth,
application, and reporting forms; modifications to various
certification-related provisions of the rule; and revisions to several
other provisions of the rule, concerning such subjects as good faith
efforts, transit vehicle manufacturers and goal setting. The Department
then published a notice on October 25, 2012, at 77 FR 65164, which
corrected minor errors in the NPRM related to the Paperwork Reduction
Act and extended the public comment period until December 24, 2012.
Several commenters suggested that the Department hold a public meeting
or listening session on the proposed changes before issuing a final
rule. After reviewing the comments, the Department decided to schedule
a public listening session on October 9, 2013, as announced in a
September 18, 2013 notice. 78 FR 57336. At that time, the Department
also announced that it would be reopening the public comment period
from the date of publication until October 30, 2013.
    However, due to the lapse in government funding on October 1, 2013,
the Department canceled the October 9, 2013 meeting with the intent of
rescheduling the meeting at a future date and time. The rescheduled
listening session will be held on December 5, 2013 from 11:00 a.m. to
5:00 p.m. Eastern Standard Time at the Department's Washington, DC
Headquarters, 1200 New Jersey Avenue SE., Washington, DC 20590, in the
Media Center auditorium located on the ground floor of the West
Building. The public comment period is reopened and extended to
December 26, 2013. The public is invited to offer its views on specific
aspects of the NPRM set out in the September 18, 2013 Federal Register
notice that are noted below.

Listening Session Procedures

    The listening session will provide an opportunity for the public to
speak to the Department about certain aspects of the NPRM.
Specifically, the Department is interested in hearing from the public
on the following:
    1. What are the specific, quantifiable costs and benefits
associated with completing or reviewing the proposed forms (Personal
Net Worth, Certification Application, Uniform Report on Awards/
Commitments; DBE Payment Data) from the perspective of a certifying
entity, an applicant firm, or a recipient (where applicable)?
    2. What are the specific, quantifiable costs and benefits
associated with requiring certified DBEs to submit additional documents
with the annual no change affidavit from the perspective of a
certifying entity and a certified DBE?
    3. What are the specific, quantifiable costs and benefits
associated with requiring good faith efforts documentation when bids
are due and requiring additional documents (i.e., DBE and non-DBE
quotes, DBE subcontracts) from the perspective of a prime contractor, a
DBE, and the recipient letting the contract?
    We are reopening registration for the listening session. Due to
security and seating limitations, any person wishing to participate in
the listening session must register no later than November 21, 2013, by
going to the OSDBU Web site at www.dot.gov/osdbu and following the
instructions. If you registered for the October 9th session, you must
re-register for the December 5th session. You may attend the session in
person (to speak or listen) or participate by Web Conference (comments
may be provided through the chat room). The registration form will ask
you to identify the party you represent and provide your contact
information. If you are attending the session in person, you will be
asked to identify the subject(s) described above you plan to address
(if any). Speakers will be limited to 5 minutes each; however, the
Department may need to reduce the time allotted, if necessary, to
provide all participants the opportunity to speak before the session
ends. A copy of the agenda will be posted after registration closes.
    A panel of Department representatives from the Office of the
Secretary and the Operating Administrations will be present to listen
to the speakers and may ask questions, if necessary, to seek
clarification of comments made by a speaker. However, there will not be
a question and answer period during the session where speakers ask
questions of the panel. The Department will not respond to questions
posed through the chat room. If necessary, the Department may provide
additional instructions at the time of the listening session. A
transcript of the session will be made a part of the public docket in
this rulemaking. All comments submitted through the chat room also will
be made a part of the public docket in this rulemaking.
    For information on facilities or services for persons with
disabilities or to request special assistance at the meeting, please
contact Marilyn Hearns in DOT's Office of the General Counsel by
telephone<PHONE_NUMBER>) or by email<EMAIL_ADDRESS>as soon
as possible.

Reopening of Comment Period

    The comment period is reopened and extended to December 26, 2013,
to provide the public an additional opportunity to submit comments on
the NPRM or to submit comments in response to views or information
provided at the public listening session or in other public comments.
You may submit comments (identified by the agency name and DOT Docket
ID Number OST-2012-0147) by any of the following methods:
     Federal Rulemaking Portal: Go to www.regulations.gov and
follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9:00 a.m. and 5:00 p.m.
Eastern Standard Time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

    Issued this 4th day of November, 2013 at Washington, DC, under
authority delegated in 49 CFR 1.27.
Kathryn B. Thomson,
Acting General Counsel.
[FR Doc. 2013-27119 Filed 11-12-13; 8:45 am]
BILLING CODE 4910-9X-P


Dear Stakeholder:

I am writing in regard to the essential use exemption program, which
allows for the production and import of chlorofluorocarbons (CFCs) for
the manufacture of essential use metered dose inhalers (MDIs).  The
purpose of this letter is threefold: (1) to request data from companies
that wish to receive an allocation of essential use allowances in 2010;
(2) to remind companies that received essential use allowances in 2008
of their reporting obligations; and (3) to request data from companies
that manufactured essential use MDIs in 2008 and/or that owned
pre-January 1, 1996 CFCs or essential use CFCs in 2008.  The following
paragraphs will explain, in detail, the information that EPA is seeking.

First, companies that are requesting an exemption for the production and
import of CFCs in 2010 for the manufacture of essential use MDIs must
provide information on the amount of CFCs necessary for the year 2010 by
completing the enclosed form, “Year 2010 Essential Use Allocation: CFC
Reporting Form.”  The information you provide will be shared with the
Food and Drug Administration (FDA) and will assist FDA, in consultation
with EPA, in determining the amount of CFCs necessary for your company
to manufacture essential use MDIs in the year 2010.  Please note that
FDA will compare the data that you provide in response to this letter to
data submitted to FDA in annual reports, where available.  Please
provide this information to EPA by January 30, 2009.

EPA is requiring this information under section 114(a) of the Clean Air
Act (Act).  Pursuant to section 114(a), the Administrator is authorized
to require any person who is subject to any requirement of the Act to
establish and maintain such records, make such reports, and provide such
other information as the Administrator may reasonably require for the
purpose of carrying out any provision of the Act.  Therefore, in
accordance with section 114(a)(1) of the Act, it is mandatory for
companies to provide this information.

Second, as required by 40 CFR 82.13(u)(2), companies that received
essential use allowances in 2008 are to report end-of-the-year data to
EPA within 30 days of the end of the control period (January 30, 2009).
EPA reminds you of this obligation and is attaching a template,
“Annual Report - Essential Use Allowance Holder” to assist you in
reporting your data.  The template is an excerpt from the annual
essential use allowance holder report that will be used for 2008
reporting.  This template allows you to fulfill two reporting
requirements: (1) the essential use accounting framework and (2) the
annual report for essential use allowance holders.

Third, EPA is requesting essential use data from companies that did not
receive essential use allowances in 2008 but that manufactured essential
use MDIs in 2008 and/or owned pre-January 1, 1996 CFCs or essential use
CFCs in 2008.  EPA is requesting that you complete the attached
“Annual Report - Essential Use Allowance Holder,” and that you
submit it to EPA by January 30, 2009.  EPA will use data provided to
track the type and quantity of essential use MDIs produced in the United
States, and the type and quantity of pre-January 1, 1996 CFCs and
essential use CFCs owned by pharmaceutical companies.  In addition, EPA
will use data provided, in aggregate, to complete the 2008 United States
Accounting Framework for Essential Uses.

Please note that pursuant to regulations 40 CFR Part 2, Subpart B, you
are entitled to assert a business confidentiality claim covering any
part or all of the submitted business information as defined in 40 CFR
2.201(c).  Asserting a business confidentiality claim does not relieve
your obligation to respond fully to this letter.  Failure to assert such
a claim makes the submitted information subject to public disclosure
upon request and without further notice to you pursuant to the Freedom
of Information Act, 5 U.S.C. section 552.  Information subject to a
business confidentiality claim may be available to the public only to
the extent set forth in the above cited regulation.

An original signed copy of the requested information should be submitted
to:

Jennifer Bohman

Stratospheric Protection Division (mail code: 6205J)

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

If sending by express mail or delivery service, please use the following
address:

Jennifer Bohman

Office Number: 1047A

Stratospheric Protection Division

U.S. Environmental Protection Agency

1310 L Street, NW

Washington, DC 20005

Thank you for your assistance in this matter.  If you have any
questions, please contact Jennifer Bohman of my staff by telephone at
(202) 343-9548 or by email at<EMAIL_ADDRESS>

				Sincerely,

					Ross Brennan, Chief

					Stratospheric Program Implementation Branch

Enclosures

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