trays to prevent them from moving freely;
    (iii) The trays are placed in a fiberboard box which is banded and
secured to a wooden pallet by metal, fabric, or plastic straps, to form
a single palletized unit;
    (iv) The package conforms to the general packaging requirements of
subpart B of this part;
    (v) The maximum net quantity of hazardous material permitted on one
palletized unit is 250 kg (550 pounds); and
    (vi) The package is properly marked in accordance with Sec.
172.315 or, until December 31, 2013, Sec.  172.316 of this subchapter.
    43. Section 173.161 is revised to read as follows:

Sec.  173.161  Chemical kits and first aid kits.

    (a) Applicability. Chemical kits and First aid kits contain one or
more compatible items of hazardous materials in boxes, cases, etc.
that, for example, are used for medical, analytical, diagnostic,
testing, or repair purposes.
    (b) Authorized materials. (1) The kits may only contain hazardous
materials for which packaging exceptions are provided in column 8(A)
the Sec.  172.101 Table of this subchapter. For transportation by
aircraft, the kits may only contain quantities of hazardous materials
authorized as excepted quantities in Sec.  173.4a or as limited
quantities in Sec.  173.27(f). Materials forbidden for transportation
by passenger aircraft or cargo aircraft may not be included in the
kits.
    (2) The packing group assigned to the chemical kit and first aid
kit as a whole must be the most stringent packing group assigned to any
individual substance in the kit and must be shown on the shipping
paper, if applicable, in accordance with Subpart C of Part 172 of this
subchapter.
    (c) Packaging. Except for transportation by aircraft or vessel,
chemical kits and first aid kits must be packaged in combination
packagings conforming to the packaging requirements of subpart B of
this part. For transportation by aircraft or vessel, chemical kits and
first aid kits must be packaged in specification combination packagings
based on the performance level of the most stringent packing group of
material contained within the kit. For transportation by aircraft,
friction-type closures must be secured by secondary means and inner
packagings intended to contain liquids

must be capable of meeting the pressure differential requirements
prescribed in Sec.  173.27(c). Inner and outer packaging quantity
limits for packages are as follows:
    (1) Except for liquids of Division 5.2 (organic peroxide), inner
packagings containing not more than 250 mL. Except for transportation
by aircraft, for Division 5.2 (organic peroxide) liquids of Type B and
C, inner packagings containing not more than 25 mL and for Division 5.2
(organic peroxide) liquids of Type D, E and F, inner packagings
containing not more than 125 mL. For transportation by aircraft, for
Division 5.2 (organic peroxide) liquids of Type D, E and F (only),
inner packagings containing not more than 125 mL;
    (2) Except for solids of Division 5.2 (organic peroxide) of Type B
and C, inner packagings containing not more than 250 g. Except for
transportation by aircraft, for a Division 5.2 (organic peroxide) solid
of Type B and C, inner packagings containing not more than 100 g. For
transportation by aircraft, for a Division 5.2 (organic peroxide) solid
of Type D, E and F (only), inner packagings containing not more than
250 g;
    (3) No more than 10 L or 10 kg of hazardous material may be
contained in one outer package (excluding dry ice). For transportation
by aircraft, no more than 1 L or 1 kg of hazardous material may be
contained in one kit (excluding dry ice);
    (4) Each package must conform to the packaging requirements of
subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight;
    (5) Except for Carbon dioxide, solid (Dry ice), UN1845, no other
hazardous materials may be packed within the same outer packaging as
the kits. Dry ice must be packaged in accordance with Sec.  173.217 of
this subchapter;
    (6) The kits must include sufficient absorbent material to
completely absorb the contents of any liquid hazardous materials
contained in the kits. The contents must be separated, placed, or
packed, and closed with cushioning material to protect them from
damage; and
    (7) The contents of the kits must be packed so there will be no
possibility of the mixture of contents causing dangerous evolution of
heat or gas.
    (d) Exceptions. (1)(i) Chemical kits and first aid kits are
eligible for the excepted quantity exceptions provided in Sec. Sec.
173.4 and 173.4a. For transportation by aircraft, chemical kits and
first aid kits and are also eligible for the limited quantity
provisions provided in Sec.  173.27(f). For inner packaging quantity
limits, see Sec.  173.27(f), Table 3.
    (ii) A package conforming to the provisions of this section is not
subject to the shipping paper requirements of subpart C of part 172 of
this subchapter, unless the material meets the definition of a
hazardous substance, hazardous waste, marine pollutant, or is offered
for transportation and transported by aircraft or vessel. Chemical kits
and first aid kits conforming to this section may be marked as a
limited quantity as prescribed in Sec.  172.315 and, if applicable, are
eligible for the exceptions provided in Sec.  173.156. Additionally,
chemical and first aid kits conforming to this section are not subject
to part 174 (carriage by rail) or part 177 (carriage by highway) of
this subchapter when marked in accordance with Sec.  172.315 of this
subchapter.
    (2) Consumer commodities. Until December 31, 2013, a chemical kit
or first aid kit conforming to the provisions of this section that is
also a consumer commodity (see Sec.  171.8 of this subchapter) may be
renamed ``Consumer commodity'' and reclassed and marked as ``ORM-D'' or
``ORM-D-AIR'' material in accordance with Sec.  172.316 of this
subchapter. Consumer commodities are excepted from the specification
packaging requirements of this subchapter and each completed package
must conform to Subpart B of this Part. A consumer commodity package
which conforms to the provisions of this paragraph is not subject to
the shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec.  173.156.
    (3) Kits that are carried on board transport vehicles for first aid
or operating purposes are not subject to the requirements of this
subchapter.
    44. New Sec.  173.165 is added to read as follows:

Sec.  173.165  Polyester resin kits.

    (a) Except for transportation by aircraft, polyester resin kits
consisting of a base material component (Class 3, Packing Group II or
III) and an activator component (Type D, E, or F organic peroxide which
does not require temperature control)--
    (1) The organic peroxide component must be packed in inner
packagings not over 125 mL (4.22 ounces) net capacity each for liquids
or 500 g (17.64 ounces) net capacity each for solids;
    (2) The flammable liquid component must be packed in inner
packagings not over 5 L (1.3 gallons) net capacity each for Packing
Group II or III liquid; and
    (3) The flammable liquid component and the organic peroxide
component may be packed in the same strong outer packaging provided
they will not interact dangerously in the event of leakage.
    (b) For transportation by aircraft, polyester resin kits consisting
of a base material component (Class 3, Packing Group II or III) and an
activator component (Type D, E, or F organic peroxide which does not
require temperature control)--
    (1) The organic peroxide component is limited to a quantity of 125
mL (4.22 ounces) per inner packaging if liquid, and 500 g (1 pound) if
solid. The base material is limited to a quantity of 5 L (1.3 gallons)
in metal or plastic inner packagings and 1 L (0.3 gallons) in glass
inner packagings;
    (2) The components may be placed in the same outer packaging
provided they will not interact dangerously in the event of leakage;
    (3) Packing group will be II or III, according to the criteria for
Class 3, applied to the base material. Additionally, unless otherwise
excepted in this subchapter, polyester resin kits must be packaged in
specification combination packagings based on the performance level
required of the base material (II or III) contained within the kit;
    (4) Closures must be secured by secondary means;
    (5) Inner packagings intended to contain liquids must be capable of
meeting the pressure differential requirements prescribed in Sec.
173.27(c); and
    (6) Except as provided in paragraph (b) of this section, exceptions
for polyester resin kits intended for transportation by aircraft are
provided in Sec. Sec.  173.4a (excepted quantities) and 173.27(f)
(limited quantities).
    (c) Consumer commodities. Until December 31, 2013, a polyester
resin kit conforming to the provisions of this section that is also a
consumer commodity (see Sec.  171.8 of this subchapter) may be renamed
``Consumer commodity'' and reclassed and marked as ``ORM-D'' or ``ORM-
D-AIR'' material in accordance with Sec.  172.316 of this subchapter.
Consumer commodities are excepted from the specification packaging
requirements of this subchapter and each completed package must conform
to subpart B of this part 173. A consumer commodity package which
conforms to the provisions of this paragraph is not subject to the
shipping paper requirements of subpart C of part 172 of this
subchapter, unless the

material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel, and is eligible for the exceptions
provided in Sec.  173.156.
    45. New Sec.  173.167 is added to read as follows:

Sec.  173.167  Consumer commodities.

    Consumer commodities (see Sec.  171.8 of this subchapter) when
intended for transportation by aircraft may only include articles or
substances of Class 2 (non-toxic aerosols only), Class 3 (Packing Group
II and III only), Division 6.1 (Packing Group III only), UN3077,
UN3082, and UN3175 provided such materials do not have a subsidiary
risk and are authorized aboard a passenger-carrying aircraft. Friction-
type closures must be secured by secondary means. Inner packagings
intended to contain liquids must be capable of meeting the pressure
differential requirements prescribed in Sec.  173.27(c). Consumer
commodities are excepted from the specification packaging requirements
of this subchapter and each completed package must conform to subpart B
of part 173 of this subchapter. Packages of consumer commodities must
also be capable of withstanding a 1.2 m drop on solid concrete in the
position most likely to cause damage and a 24-hour stack test. Inner
and outer packaging quantity limits for consumer commodities are as
follows:
    (a) Non-toxic aerosols, as defined in Sec.  171.8 and constructed
in accordance with Sec.  173.306 of this subchapter, in non-refillable,
non-metal containers not exceeding 120 mL (4 fluid ounces) each, or in
non-refillable metal containers not exceeding 820 mL (28 ounces) each
except that flammable aerosols may not exceed 500 mL (16.9 ounces)
each;
    (b) Liquids, in inner packagings not exceeding 500 mL (16.9 ounces)
each;
    (c) Solids, in inner packagings not exceeding 500 g (1.0 pounds)
each; or
    (d) Any combination thereof, placed in an outer packaging not to
exceed 30 kg (66 pounds) gross weight as prepared for shipment.
    46. In Sec.  173.225:
    a. In paragraph (c)(8), the Organic Peroxide Table is amended by
removing and adding the following entries in the appropriate order.
    b. In paragraph (e), the Organic Peroxide IBC Table is amended by
removing one entry and adding one entry in the appropriate order.

Sec.  173.225  Packaging requirements and other provisions for organic
peroxides.

* * * * *
    (c) * * *
    (8) * * *

                                                                                Organic Peroxide Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Concent.     Diluent      Diluent      Diluent       Water                                  Temp         Temp
            Technical name                      ID No.             (mass %)    (mass %) A   (mass %) B   (mass %) I    (mass %)        Packing method        control     emergency      Notes
(1)                                    (2).....................          (3)         (4a)         (4b)         (4c)          (5)  (6)....................         (7a)         (7b)          (8)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove]
                                                                                * * * * * * *
Di-(2-tert-butylperoxyisopropyl)       UN3106..................      >42-100  ...........  ...........         <=57  ...........  OP7....................  ...........  ...........         1, 9
 benzene(s).
Di-(2-tert-butylperoxyisopropyl)       Exempt..................         <=42  ...........  ...........         >=58  ...........  Exempt.................
 benzene(s).

                                                                                * * * * * * *
2,5-Dimethyl-2,5-di-(tert-             UN3105..................      >52-100  ...........  ...........  ...........  ...........  OP7....................
 butylperoxy)hexane.

                                                                                * * * * * * *
[Add]

                                                                                * * * * * * *
Di-(tert-butylperoxyisopropyl)         UN3106..................      >42-100  ...........  ...........         <=57  ...........  OP7....................  ...........  ...........         1, 9
 benzene(s).
Di-(tert-butylperoxyisopropyl)         Exempt..................         <=42  ...........  ...........         >=58  ...........  Exempt.................
 benzene(s).

                                                                                * * * * * * *
2,5-Dimethyl-2,5-di-(tert-             UN3103..................      >90-100  ...........  ...........  ...........  ...........  OP5....................
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-             UN3105..................       >52-90         >=10  ...........  ...........  ...........  OP7....................
 butylperoxy)hexane.

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

* * * * *
    (e) * * *

                                           Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
                                                                           Maximum
             UN No.                  Organic peroxide      Type of IBC    quantity       Control      Emergency
                                                                          (liters)     temperature   temperature
----------------------------------------------------------------------------------------------------------------
[Remove]

                                                  * * * * * * *
3109...........................  ORGANIC PEROXIDE, TYPE
                                  F, LIQUID.

                                                  * * * * * * *
                                 Peroxyacetic acid,              31H1          1500
                                  stabilized, not more
                                  than 17%.
                                                                31HA1          1500
                                                                  31A          1500

                                                  * * * * * * *
[Add]

                                                  * * * * * * *
3109...........................  ORGANIC PEROXIDE, TYPE
                                  F, LIQUID.

                                                  * * * * * * *
                                 Peroxyacetic acid,               31A          1500
                                  stabilized, not more
                                  than 17%.
                                                                 31H1          1500
                                                                 31H2          1500
                                                                31HA1          1500

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

* * * * *
    47. In Sec.  173.230, paragraphs (g) and (h) are revised to read as
follows:

Sec.  173.230  Fuel cell cartridges containing hazardous material.

* * * * *
    (g) Limited quantities. Limited quantities of hazardous materials
contained in fuel cell cartridges are excepted from the labeling
requirements, unless the cartridges are offered for transportation or
transported by aircraft, and the placarding and specification packaging
requirements of this subchapter when packaged according to this
section. Each package must conform to the packaging requirements of
subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight. Except as authorized in paragraph (h) of this section, a
package containing a limited quantity of fuel cell cartridges must be
marked as specified in Sec.  172.315 of this subchapter and, for
transportation by highway or rail, are not subject to the shipping
paper requirements of subpart C of part 172 of this subchapter, unless
the material meets the definition of a hazardous substance, hazardous
waste, or marine pollutant, and are eligible for the exceptions
provided in Sec.  173.156. Limited quantities of fuel cell cartridges
containing Division 2.1 (flammable gas) or Division 4.3 (water-
reactive) material are not permitted for transportation by aircraft.
For transportation by highway, rail and vessel, the following
combination packagings are authorized:
    (1) For flammable liquids, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon), packed in strong outer packaging.
    (2) For water-reactive substances (Division 4.3 Dangerous when wet
material), in fuel cell cartridges containing not more than 0.5 L (16.9
fluid ounces) for liquids or not over 0.5 kg (1.1 pound) for solids,
packed in strong outer packaging.
    (3) For corrosive materials, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon) for liquids or not more than 1.0 kg (2.2
pounds) for solids packed in strong outer packaging.
    (4) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity each, packed
in strong outer packaging.
    (5) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity each, packed in strong outer
packaging.
    (6) For transportation by aircraft, the following combination
packagings are authorized:
    (i) For flammable liquids, in fuel cell cartridges containing not
more than 0.5 L (16.9 fluid ounces), packed in strong outer packaging.
Additionally, each package may contain no more than 2.5 kg (net mass)
of fuel cell cartridges.
    (ii) For corrosive materials, in fuel cell cartridges containing
not more than 200 mL (6.7 fluid ounces) for liquids or not more than
200 g (0.4 pounds) for solids packed in strong outer packaging.
Additionally, each package may contain no more than 2.5 kg (net mass)
of fuel cell cartridges.
    (h) Consumer commodities. Except for transportation by aircraft and
until December 31, 2013, a limited quantity which conforms to the
provisions of paragraph (g) of this section and is also a ``consumer
commodity'' as defined in Sec.  171.8 of this subchapter may be renamed
``Consumer commodity'' and reclassed as ORM-D. Shipments of ORM-D
materials are not subject to the shipping paper requirements of subpart
C of part 172 of this subchapter, unless the material meets the
definition of a hazardous substance, hazardous waste, marine pollutant,
and are eligible for the exceptions provided in Sec.  173.156.
    48. In Sec.  173.301b, paragraphs (c)(2)(iii) and (e) are revised
to read as follows:

Sec.  173.301b  Additional general requirements for shipment of UN
pressure receptacles.

* * * * *
    (c) * * *
    (2) * * *
    (iii) By protecting the valves by shrouds or guards conforming to
the requirements in ISO 11117. For metal hydride storage systems, valve
protection in accordance with the requirements in ISO 16111 (IBR; see
Sec.  171.7 of this subchapter);
* * * * *

    (e) Pyrophoric gases. A UN pressure receptacle must have valve
outlets equipped with gas-tight plugs or caps when used for pyrophoric
or flammable mixtures of gases containing more than 1% pyrophoric
compounds. When these pressure receptacles are manifolded in a bundle,
each of the pressure receptacles must be equipped with an individual
valve that must be closed while in transportation, and the outlet of
the manifold valve must be equipped with a pressure retaining gas-tight
plug or cap. Gas-tight plugs or caps must have threads that match those
of the valve outlets.
* * * * *
    49. In Sec.  173.306, paragraphs (h)(2), (i) and (k) are revised to
read as follows:

Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (h) * * *
    (2)(i) Except for transportation by aircraft, special exceptions
for shipment of lighter refills in the ORM-D class are provided in
paragraph (i) of this section.
    (ii) Exceptions. For highway transportation, when no more than
1,500 lighter refills covered by this paragraph are transported in one
motor vehicle, the requirements of subparts C through H of part 172,
and Part 177 of this subchapter do not apply. Lighter refills covered
under this paragraph must be packaged in rigid, strong outer packagings
meeting the general packaging requirements of subpart B of this part.
Outer packagings must be plainly and durably marked, on two opposing
sides or ends, with the word ``LIGHTER REFILLS'' and the number of
devices contained therein in letters measuring at least 20 mm (0.79 in)
in height. No person may offer for transportation or transport the
lighter refills or prepare the lighter refills for shipment unless that
person has been specifically informed of the requirements of this
section.
    (i)(1) A limited quantity of compressed gas (Class 2) which conform
to the provisions of paragraph (a)(1), (a)(3), (a)(5), (b) or, except
for transportation by aircraft, paragraph (h) of this section are
excepted from labeling requirements, unless the material is offered for
transportation or transported by aircraft, and the specification
packaging requirements of this subchapter when packaged in combination
packagings according to this paragraph. Unless otherwise specified in
paragraph (i)(2) of this section, packages of limited quantities
intended for transportation by aircraft must conform to the applicable
requirements (e.g., authorized materials, inner packaging quantity
limits and closure securement) of Sec.  173.27. A limited quantity
package which conforms to the provisions of this section is not subject
to the shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec.  173.156. Outside packagings
conforming to this paragraph are not required to be marked ``INSIDE
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.'' In addition, packages
of limited quantities are not subject to subpart F (Placarding) of part
172 of this subchapter. Each package must conform to the packaging
requirements of subpart B of this part and may not exceed 30 kg (66
pounds) gross weight. The following combination packagings are
authorized:
    (2) Until December 31, 2013, a limited quantity of compressed gas
which conforms to the provisions of paragraphs (a)(1), (a)(3), (a)(5),
(b) or (h) of this section and is also a ``consumer commodity'' as
defined in 171.8 of this subchapter in effect on October 1, 2010, may
be renamed ``Consumer commodity'' and reclassed and marked as ORM-D
material in accordance with Sec.  172.316. Additionally, until December
31, 2013, an ORM-D material that is prepared for air shipment and
packaged in accordance with Sec.  173.27 in effect on October 1, 2010,
may be renamed ``Consumer commodity'' and reclassed and marked as ORM-
D-AIR material in accordance with Sec.  172.316. A consumer commodity
package which conforms to the provisions of this section is not subject
to the shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec.  173.156. Outside packagings
conforming to this paragraph are not required to be marked ``INSIDE
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.'' In addition, packages
of consumer commodities are not subject to subpart F (Placarding) of
part 172 of this subchapter. Each package must conform to the packaging
requirements of subpart B of this part and may not exceed 30 kg (66
pounds) gross weight.
* * * * *
    (k) For additional exceptions, see Sec.  173.307.
    50. In Sec.  173.307, a new paragraph (a)(6) is added to read as
follows:

Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (6) Light bulbs provided they are packaged so that the projectile
effects of any rupture of the bulb will be contained within the
package.
* * * * *
    51. New Sec.  173.311 is added to read as follows:

Sec.  173.311  Metal hydride storage systems.

    The following packing instruction is applicable to transportable UN
Metal hydride storage systems (UN3468) with pressure receptacles not
exceeding 150 liters (40 gallons) in water capacity and having a
maximum developed pressure not exceeding 25 MPa. Metal hydride storage
systems be designed, constructed, initially inspected and tested in
accordance with ISO 16111:2008, Transportable gas storage devices--
Hydrogen absorbed in reversible metal hydride (IBR, see Sec.  171.7 of
this subchapter) as authorized under Sec.  178.71(f) of this
subchapter. Steel pressure receptacles or composite pressure
receptacles with steel liners must be marked in accordance with Sec.
173.301b(f) which specifies that a steel UN pressure receptacle bearing
an ``H'' mark must be used for hydrogen bearing gases or other gases
that may cause hydrogen embrittlement. Requalification intervals must
be no more than every five years as specified in Sec.  180.207 in
accordance with the requalification procedures prescribed in ISO 16111.
    52. In Sec.  173.320, a new paragraph (d) is added to read as
follows:

Sec.  173.320  Cryogenic liquids; exceptions.

* * * * *
    (d) For transportation aboard a vessel, see the IMDG Code (IBR, see
Sec.  171.7 of this subchapter), Packing Instruction P203 and the
packaging specifications in part 6, chapter 6.2.
    53. In 173.322, paragraph (e) is added to read as follows:

Sec.  173.322  Ethyl chloride.

* * * * *
    (e) In capsules under the following conditions:
    (1) The mass of gas must not exceed 150 g per capsule;
    (2) The capsule must be free of faults liable to impair its
strength;
    (3) The leakproofness integrity of the closure must be maintained
by a secondary means (e.g., cap, crown, seal, binding, etc.) capable of
preventing any leakage of the closure while in transportation; and

    (4) The capsules must be placed in a strong outer packaging
suitable for its contents and may not exceed a gross mass of 75 kg.

PART 175--CARRIAGE BY AIRCRAFT

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

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.45 and 1.53.

    55. In Sec.  175.8, in paragraph (b)(3), the first sentence is
revised to read as follows:

Sec.  175.8  Exceptions for operator equipment and items of
replacement.

* * * * *
    (b) * * *
    (3) Alcoholic beverages, perfumes, colognes, and liquefied gas
lighters carried aboard a passenger-carrying aircraft by the operator
for use or sale on that specific aircraft. * * *
* * * * *
    56. Section 175.9 is revised to read as follows:

Sec.  175.9  Special aircraft operations.

    (a) This subchapter applies to rotorcraft external load operations
transporting hazardous material on board, attached to, or suspended
from an aircraft. Additionally, operators must have all applicable
requirements prescribed in 14 CFR part 133 approved by the FAA
Administrator prior to accepting or transporting hazardous material.
    (b) Exceptions. This subchapter does not apply to the following
materials used for special aircraft operations when applicable FAA
operator requirements have been met, including training operator
personnel on the proper handling and stowage of the hazardous materials
carried:
    (1) Hazardous materials loaded and carried in hoppers or tanks of
aircraft certificated for use in aerial seeding, dusting spraying,
fertilizing, crop improvement, or pest control, to be dispensed during
such an operation.
    (2) Parachute activation devices, lighting equipment, oxygen
cylinders, flotation devices, smoke grenades, flares, or similar
devices carried during a parachute operation.
    (3) Smoke grenades, flares, and pyrotechnic devices affixed to
aircraft during any flight conducted as part of a scheduled air show or
exhibition of aeronautical skill. The aircraft may not carry any
persons other than required flight crewmembers. The affixed
installation accommodating the smoke grenades, flares, or pyrotechnic
devices on the aircraft must be approved for its intended use by the
FAA Flight Standards District Office having responsibility for that
aircraft.
    (4) Hazardous materials are carried and used during dedicated air
ambulance, fire fighting, or search and rescue operations.
    (5) A transport incubator unit necessary to protect life or an
organ preservation unit necessary to protect human organs, carried in
the aircraft cabin, provided:
    (i) The compressed gas used to operate the unit is in an authorized
DOT specification cylinder and is marked, labeled, filled, and
maintained as prescribed by this subchapter;
    (ii) Each battery used is of the nonspillable type;
    (iii) The unit is constructed so valves, fittings, and gauges are
protected from damage;
    (iv) The pilot-in-command is advised when the unit is on board, and
when it is intended for use;
    (v) The unit is accompanied by a person qualified to operate it;
    (vi) The unit is secured in the aircraft in a manner that does not
restrict access to or use of any required emergency or regular exit or
of the aisle in the passenger compartment; and,
    (vii) Smoking within 3 m (10 feet) of the unit is prohibited.
    (6) Hazardous materials which are loaded and carried on or in cargo
only aircraft, and which are to be dispensed or expended during flight
for weather control, environmental restoration or protection, forest
preservation and protection, fire fighting and prevention, flood
control, or avalanche control purposes, when the following requirements
are met:
    (i) Operations may not be conducted over densely populated areas,
in a congested airway, or near any airport where carrier passenger
operations are conducted.
    (ii) Each operator must prepare and keep current a manual
containing operational guidelines and handling procedures, for the use
and guidance of flight, maintenance, and ground personnel concerned in
the dispensing or expending of hazardous materials. The manual must be
approved by the FAA Principal Operations Inspector assigned to the
operator.
    (iii) No person other than a required flight crewmember, FAA
inspector, or person necessary for handling or dispensing the hazardous
material may be carried on the aircraft.
    (iv) The operator of the aircraft must have advance permission from
the owner of any airport to be used for the dispensing or expending
operation.
    (v) When dynamite and blasting caps are carried for avalanche
control flights, the explosives must be handled by, and at all times be
under the control of, a qualified blaster. When required by a State or
local authority, the blaster must be licensed and the State or local
authority must be identified in writing to the FAA Principal Operations
Inspector assigned to the operator.
    57. In Sec.  175.10:
    a. Paragraphs (a)(17) and (18) are redesignated as paragraphs
(a)(18) and (19) respectively.
    b. New paragraph (a)(17) is added.
    c. In newly designated paragraph (a)(19), in the introductory text,
the words ``and checked'' are added between the word ``carry-on'' and
the word ``baggage.''
    d. In newly designated paragraph (a)(19) introductory text, after
the phrase ``fuel cell systems'', the word ``and'' is removed.
    e. Newly designated paragraph (a)(19)(iv) is revised.
    f. In newly designated paragraph (a)(19)(x), at the end of the
sentence, the period is replaced with a semicolon.
    g. New paragraphs (a)(19)(xi) and (xii) are added.
    The revisions and additions read as follows:

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

    (a) * * *
    (17) A wheelchair or other battery-powered mobility aid equipped
with a lithium-ion battery, when carried as checked baggage, provided--
    (i) The lithium-ion battery must be of a type that successfully
passed each test in the UN Manual of Tests and Criteria as specified in
Sec.  173.185, unless approved by the Associate Administrator;
    (ii) Visual inspection including removal of the battery, where
necessary, reveals no obvious defects (removal of the battery from the
housing should be performed by qualified airline personnel only);
    (iii) Battery terminals must be protected from short circuits
(e.g., by being enclosed within a battery container) that is securely
attached to the mobility aid;
    (iv) The pilot-in-command is advised, either orally or in writing,
prior to departure, as to the location of the wheelchair or mobility
aid aboard the aircraft; and
    (v) The wheelchair or mobility aid is loaded, stowed, secured and
unloaded in an upright position and in a manner that prevents
unintentional activation and protects it from damage.
    (vi) A lithium metal battery is forbidden aboard a passenger-
carrying aircraft.
* * * * *

    (19) * * *
    (iv) Fuel cells containing fuel are permitted in carry-on baggage
only; * * *
    (xi) Spare fuel cell cartridges containing flammable liquids or
corrosive materials may be transported in checked or carry-on baggage.
    (xii) Spare fuel cell cartridges containing liquefied flammable
gas, hydrogen in a metal hydride or water reactive substances may only
be transported in carry-on baggage.
* * * * *
    58. Section 175.25 is revised to read as follows:

Sec.  175.25  Notification at air passenger facilities of hazardous
materials restrictions.

    (a) Each person who engages in for-hire air transportation of
passengers must display notices of the requirements applicable to the
carriage of hazardous materials aboard aircraft, and the penalties for
failure to comply with those requirements in accordance with this
section.
    (b) Ticket purchase. An aircraft operator must ensure that
information on the types of hazardous materials specified in paragraph
(d) of this section which a passenger is permitted and forbidden to
transport aboard an aircraft is provided at the point of ticket
purchase. During the purchase process, regardless if the process is
completed remotely (e.g. via the Internet or phone) or when completed
at the airport, with or without assistance from another person (e.g.
automated check-in facility), the aircraft operator must ensure that
information on the types of hazardous materials which a passenger is
forbidden to transport aboard an aircraft is provided to passengers.
Information may be in text or in pictorial form and, effective January
1, 2013, must be such that the final ticket purchase cannot be
completed until the passenger, or a person acting on the person's
behalf, has indicated that they understand the restrictions on
hazardous materials in baggage.
    (c) An aircraft operator must ensure that information on the types
of hazardous materials which a passenger is forbidden to transport
aboard an aircraft is provided during the flight check-in process.
    (1) Effective January 1, 2013, when the flight check-in process is
conducted remotely (e.g. via the Internet or phone) or when completed
at the airport, without assistance from another person (e.g. automated
check-in kiosk), the aircraft operator must ensure that information on
the types of hazardous materials which a passenger is forbidden to
transport aboard an aircraft is provided to passengers. Information may
be in text or in pictorial form and should be such that the check in
process cannot be completed until the passenger, or a person acting on
the person's behalf, has indicated that they understand the
restrictions on hazardous materials in baggage.
    (2) When the check-in process is not conducted remotely (e.g. at
the airport with the assistance of an airline representative),
passenger notification of permitted and forbidden hazardous materials
may be completed through signage (electronic or otherwise) provided it
is legible and prominently displayed so it can be seen by passengers in
locations where the aircraft operator issues tickets, checks baggage,
and maintains aircraft boarding areas.
    (d) An operator of passenger-carrying aircraft should have
information on those hazardous materials which may be carried by
passengers in accordance with Sec.  175.10 available prior to the
check-in process (e.g., on their Web site) or conveyed through other
sources of information.
    59. In Sec.  175.30, paragraph (e)(3) is revised to read as
follows:

Sec.  175.30  Inspecting shipments.

* * * * *
    (e) * * *
    (3) Has determined that the word ``OVERPACK'' appears on the
outside of the overpack when specification packagings are prescribed or
the overpack contains packages of limited quantities conforming to
Sec.  173.27.
    60. Section 175.75 is revised to read as follows:

Sec.  175.75  Quantity limitations and cargo location.

    (a) No person may carry on an aircraft a hazardous material except
as permitted by this subchapter.
    (b) Except as otherwise provided in this subchapter, no person may
carry a hazardous material in the cabin of a passenger-carrying
aircraft or on the flight deck of any aircraft, and the hazardous
material must be located in a place that is inaccessible to persons
other than crew-members. Hazardous materials may be carried in a main
deck cargo compartment of a passenger aircraft provided that the
compartment is inaccessible to passengers and that it meets all
certification requirements for a Class B aircraft cargo compartment in
14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR
25.857(c). A package bearing a KEEP AWAY FROM HEAT handling marking
must be protected from direct sunshine and stored in a cool and
ventilated place, away from sources of heat.
    (c) For each package containing a hazardous material acceptable for
carriage aboard passenger-carrying aircraft, no more than 25 kg (55
pounds) net weight of hazardous material may be loaded in an
inaccessible manner. In addition, an additional 75 kg (165 pounds) net
weight of Division 2.2 (non-flammable compressed gas) may be loaded in
an inaccessible manner. The requirements of this paragraph do not apply
to ORM-D-AIR materials or Class 9 materials, except that lithium
batteries, including lithium batteries packed with or contained in
equipment may be loaded in an inaccessible manner only if they are
packaged in a container approved by the FAA Administrator for such use
or carried in a Class C cargo compartment.
    (d) For the purposes of this section--
    (1) Accessible means on passenger-carrying or cargo-only aircraft
each package is loaded where a crew member or other authorized person
can access, handle and when size and weight permit, separate such
packages from other cargo during flight including a freight container
in an accessible cargo compartment when packages are loaded in an
accessible manner. Additionally, a package is considered accessible
when transported on a cargo-only aircraft if:
    (i) In a cargo compartment certified by FAA as a Class C aircraft
cargo compartment as defined in 14 CFR 25.857(c); or
    (ii) In an FAA-certified freight container that has an approved
fire or smoke detection system and fire suppression system equivalent
to that required by the certification requirements for a Class C
aircraft cargo compartment.
    (2) Inaccessible means all other configurations including a freight
container in an accessible compartment when packages are loaded
inaccessibly.
    (e) For transport aboard cargo-only aircraft, the requirements of
paragraphs (c) and (d) of this section do not apply to the following
hazardous materials:
    (1) Class 3--Packing Group III (that do not meet the definition of
another hazard class except CORROSIVE), Division 6.1 ((primary) except
those also labeled FLAMMABLE LIQUID), Division 6.2, Class 7, Class 9
except that lithium batteries, including lithium batteries packed with
or contained in equipment may be loaded in an inaccessible manner only
if they are packaged in a container approved by the FAA Administrator
for such use or carried in a Class C cargo compartment, or ORM-D-AIR
materials marked in

accordance with Sec.  172.316 of this subchapter.
    (2) Packages of hazardous materials transported aboard a cargo
aircraft, when other means of transportation are impracticable or not
available, in accordance with procedures approved in writing by the FAA
Regional or Field Security Office in the region where the operator is
located.
    (3) Packages of hazardous materials carried on small, single pilot,
cargo aircraft if:
    (i) No person is carried on the aircraft other than the pilot, an
FAA inspector, the shipper or consignee of the material, a
representative of the shipper or consignee so designated in writing, or
a person necessary for handling the material;
    (ii) The pilot is provided with written instructions on the
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on
board, the new pilot is briefed under a hand-to-hand signature service
provided by the operator of the aircraft.
    (f) At a minimum, quantity limits and loading instructions in the
following quantity and loading table must be followed to maintain
acceptable quantity and loading between packages containing hazardous
materials. The quantity and loading table is as follows:

                                           Quantity and Loading Table
----------------------------------------------------------------------------------------------------------------
                                                                Quantity limitation: 25 kg
                                                                  net weight of hazardous
                                                                  material plus 75 kg net
           Applicability                     Forbidden            weight of Division 2.2          No limit
                                                                 (non-flammable compressed
                                                                           gas)
----------------------------------------------------------------------------------------------------------------
Passenger-carrying aircraft.......  Cargo Aircraft Only         Inaccessible..............  Accessible.
                                     labeled packages.
Cargo-only aircraft--Packages       Not applicable............  Inaccessible (See Note)...  Accessible.
 authorized aboard a passenger-
 carrying aircraft.
Cargo-only aircraft--Packages not   Inaccessible (See Note)...  Not applicable............  Accessible.
 authorized aboard a passenger-
 carrying aircraft and displaying
 a Cargo Aircraft Only label.
----------------------------------------------------------------------------------------------------------------
Note: The following materials are not subject to this loading restriction--
a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class, except
  CORROSIVE).
b. Primary Class 6 (unless also labeled as a flammable liquid).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9 (except lithium batteries) or ORM-D-AIR materials marked in accordance with Sec.   172.316.

    61. In Sec.  175.78, paragraph (c)(4)(iii) is revised to read as
follows:

Sec.  175.78  Stowage compatibility of cargo.

* * * * *
    (c) * * *
    (4) * * *
    (iii) Except for Division 1.4B explosives and as otherwise provided
in this note, explosives of different compatibility groups may be
stowed together whether or not they belong to the same division.
Division 1.4B explosives must not be stowed together with any other
explosive permitted aboard aircraft except Division 1.4S unless
segregated as prescribed in paragraph (iv) of this note.
* * * * *

PART 176--CARRIAGE BY VESSEL

    62. The authority citation for part 176 continues to read as
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
    63. In Sec.  176.2, in the definition for ``Cargo transport unit,''
the first sentence is revised to read as follows:

Sec.  176.2  Definitions.

* * * * *
    Cargo transport unit means a transport vehicle, a freight
container, a portable tank or a MEGC. * * *
* * * * *
    64. In Sec.  176.76, paragraph (a)(9) is added to read as follows:

Sec.  176.76  Transport vehicles, freight containers, and portable
tanks containing hazardous materials.

    (a) * * *
    (9) When security devices, beacons or other tracking or monitoring
equipment are used, they must be securely installed and must be of a
certified safe type for the hazardous materials that will be carried
within the freight container or transport vehicle.
* * * * *
    65. In Sec.  176.84, in paragraph (b) Table of provisions, Code
Number ``143'' and its corresponding provision are removed.
    66. Section 176.142 is removed and reserved.
    67. In Section 176.905, paragraphs (a)(5) and (a)(6) are removed
and reserved.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    69. Section 178.71 is revised to read as follows:

Sec.  178.71  Specifications for UN pressure receptacles.

    (a) General. Each UN pressure receptacle must meet the requirements
of this section. Requirements for approval, qualification, maintenance,
and testing are contained in Sec.  178.70 and subpart C of part 180 of
this subchapter.
    (b) Definitions. The following definitions apply for the purposes
of design and construction of UN pressure receptacles under this
subpart:
    Alternative arrangement means an approval granted by the Associate
Administrator for a MEGC that has been designed, constructed or tested
to the technical requirements or testing methods other than those
specified for UN pressure receptacles in part 178 or part 180 of this
subchapter.
    Bundle of cylinders. See Sec.  171.8 of this subchapter.
    Design type means a pressure receptacle design as specified by a
particular pressure receptacle standard.
    Design type approval means an overall approval of the
manufacturer's quality system and design type of each pressure
receptacle to be produced within the manufacturer's facility.

    UN tube. See Sec.  171.8 of this subchapter.
    (c) General design and construction. UN pressure receptacles and
their closures must be designed, manufactured, tested and equipped in
accordance with the requirements contained in this section.
    (1) Following the final heat treatment, all cylinders, except those
selected for batch testing, must be subjected to a hydraulic volumetric
expansion test.
    (2) The standard requirements applicable to UN pressure receptacles
may be varied only if approved in writing by the Associate
Administrator.
    (3) The test pressure of UN cylinders, tubes, and bundles of
cylinders must conform to the requirements in part 178 of this
subchapter.
    (d) Service equipment. (1) Except for pressure relief devices, UN
pressure receptacle equipment, including valves, piping, fittings, and
other equipment subjected to pressure must be designed and constructed
to withstand at least 1.5 times the test pressure of the pressure
receptacle.
    (2) Service equipment must be configured or designed to prevent
damage that could result in the release of the pressure receptacle
contents during normal conditions of handling and transport. Manifold
piping leading to shut-off valves must be sufficiently flexible to
protect the valves and the piping from shearing or releasing the
pressure receptacle contents. The filling and discharge valves and any
protective caps must be secured against unintended opening. The valves
must conform to ISO 10297 (IBR, see Sec.  171.7 of this subchapter) and
be protected as specified in Sec.  173.301b(f) of this subchapter.
    (3) UN pressure receptacles that cannot be handled manually or
rolled, must be equipped with devices (e.g. skids, rings, straps)
ensuring that they can be safely handled by mechanical means and so
arranged as not to impair the strength of, nor cause undue stresses, in
the pressure receptacle.
    (4) Pressure receptacles filled by volume must be equipped with a
level indicator.
    (e) Bundles of cylinders. UN pressure receptacles assembled in
bundles must be structurally supported and held together as a unit and
secured in a manner that prevents movement in relation to the
structural assembly and movement that would result in the concentration
of harmful local stresses. The frame design must ensure stability under
normal operating conditions.
    (1) The frame must securely retain all the components of the bundle
and must protect them from damage during conditions normally incident
to transportation. The method of cylinder restraint must prevent any
vertical or horizontal movement or rotation of the cylinder that could
cause undue strain on the manifold. The total assembly must be able to
withstand rough handling, including being dropped or overturned.
    (2) The frame must include features designed for the handling and
transportation of the bundle. The lifting rings must be designed to
withstand a design load of 2 times the maximum gross weight. Bundles
with more than one lifting ring must be designed such that a minimum
sling angle of 45 degrees to the horizontal can be achieved during
lifting using the lifting rings. If four lifting rings are used, their
design must be strong enough to allow the bundle to be lifted by two
rings. Where two or four lifting rings are used, diametrically opposite
lifting rings must be aligned with each other to allow for correct
lifting using shackle pins. If the bundle is filled with forklift
pockets, it must contain two forklift pockets on each side from which
it is to be lifted. The forklift pockets must be positioned
symmetrically consistent with the bundle center of gravity.
    (3) The frame structural members must be designed for a vertical
load of 2 times the maximum gross weight of the bundle. Design stress
levels may not exceed 0.9 times the yield strength of the material.
    (4) The frame must not contain any protrusions from the exterior
frame structure that could cause a hazardous condition.
    (5) The frame design must prevent collection of water or other
debris that would increase the tare weight of bundles filled by weight.
    (6) The floor of the bundle frame must not buckle during normal
operating conditions and must allow for the drainage of water and
debris from around the base of the cylinders.
    (7) If the frame design includes movable doors or covers, they must
be capable of being secured with latches or other means that will not
become dislodged by operational impact loads. Valves that need to be
operated in normal service or in an emergency must be accessible.
    (8) For bundles of cylinders, pressure receptacle marking
requirements only apply to the individual cylinders of a bundle and not
to any assembly structure.
    (f) Design and construction requirements for UN refillable welded
cylinders. In addition to the general requirements of this section, UN
refillable welded cylinders must conform to the following ISO
standards, as applicable:
    (1) ISO 4706: Gas cylinders--Refillable welded steel cylinders--
Test pressure 60 bar and below (IBR, see Sec.  171.7 of this
subchapter).
    (2) ISO 20703: Gas cylinders--Refillable welded aluminum-alloy
cylinders--Design, construction and testing (IBR, see Sec.  171.7 of
this subchapter).
    (3) ISO 18172-1: Gas cylinders--Refillable welded stainless steel
cylinders--Part 1: Test pressure 6 MPa and below (IBR, see Sec.  171.7
of this subchapter).
    (g) Design and construction requirements for UN refillable seamless
steel cylinders. In addition to the general requirements of this
section, UN refillable seamless steel cylinders must conform to the
following ISO standards, as applicable:
    (1) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.
(IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 9809-2: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa. (IBR, see Sec.  171.7 of this subchapter).
    (3) ISO 9809-3: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (h) Design and construction requirements for UN refillable seamless
aluminum alloy cylinders. In addition to the general requirements of
this section, UN refillable seamless aluminum cylinders must conform to
ISO 7866: Gas cylinders--Refillable seamless aluminum alloy gas
cylinders--Design, construction and testing. (IBR, see Sec.  171.7 of
this subchapter). The use of Aluminum alloy 6351-T6 or equivalent is
prohibited.
    (i) Design and construction requirements for UN non-refillable
metal cylinders. In addition to the general requirements of this
section, UN non-refillable metal cylinders must conform to ISO 11118:
Gas cylinders--Non-refillable metallic gas cylinders--Specification and
test methods. (IBR, see Sec.  171.7 of this subchapter.)
    (j) Design and construction requirements for UN refillable seamless
steel tubes. In addition to the general requirements of this section,
UN refillable seamless steel tubes must conform to ISO 11120: Gas
cylinders--

Refillable seamless steel tubes of water capacity between 150 L and
3000 L--Design, construction and testing. (IBR, see Sec.  171.7 of this
subchapter).
    (k) Design and construction requirements for UN acetylene
cylinders. In addition to the general requirements of this section, UN
acetylene cylinders must conform to the following ISO standards, as
applicable:
    (1) For the cylinder shell:
    (i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.
    (ii) ISO 9809-3: Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 3: Normalized steel
cylinders.
    (2) The porous mass in an acetylene cylinder must conform to ISO
3807-2: Cylinders for acetylene--Basic requirements--Part 2: Cylinders
with fusible plugs. (IBR, see Sec.  171.7 of this subchapter).
    (l) Design and construction requirements for UN composite
cylinders. (1) In addition to the general requirements of this section,
UN composite cylinders must be designed for unlimited service life and
conform to the following ISO standards, as applicable:
    (i) ISO 11119-1: Gas cylinders of composite construction--
Specification and test methods--Part 1: Hoop-wrapped composite gas
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (ii) ISO 11119-2: Gas cylinders of composite construction--
Specification and test methods--Part 2: Fully-wrapped fibre reinforced
composite gas cylinders with load-sharing metal liners. (IBR, see Sec.
171.7 of this subchapter).
    (iii) ISO 11119-3: Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load sharing metallic or non-metallic
liners. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite
construction manufactured in accordance with the requirements for
underwater use must bear the ``UW'' mark.
    (m) Design and construction requirements for UN metal hydride
storage systems. In addition to the general requirements of this
section, metal hydride storage systems must conform to the following
ISO standards, as applicable:
    ISO 16111: Transportable gas storage devices--Hydrogen absorbed in
reversible metal hydride (IBR, see Sec.  171.7 of this subchapter).
    (n) Material compatibility. In addition to the material
requirements specified in the UN pressure receptacle design and
construction ISO standards, and any restrictions specified in part 173
for the gases to be transported, the requirements of the following
standards must be applied with respect to material compatibility:
    (1) ISO 11114-1: Transportable gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 1: Metallic
materials. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11114-2: Transportable gas cylinders--Compatibility of
cylinder and valve materials with gas contents--Part 2: Non-metallic
materials. (IBR, see Sec.  171.7 of this subchapter).
    (o) Protection of closures. Closures and their protection must
conform to the requirements in Sec.  173.301(f) of this subchapter.
    (p) Marking of UN refillable pressure receptacles. UN refillable
pressure receptacles must be marked clearly and legibly. The required
markings must be permanently affixed by stamping, engraving, or other
equivalent method, on the shoulder, top end or neck of the pressure
receptacle or on a permanently affixed component of the pressure
receptacle, such as a welded collar. Except for the ``UN'' mark, the
minimum size of the marks must be 5 mm for pressure receptacles with a
diameter greater than or equal to 140 mm and 2.5 mm for pressure
receptacles with a diameter less than 140 mm. The minimum size of the
``UN'' mark must be 5 mm for pressure receptacles with a diameter less
than 140 mm and 10 mm for pressure receptacles with a diameter of
greater than or equal to 140 mm. The depth of the markings must not
create harmful stress concentrations. A refillable pressure receptacle
conforming to the UN standard must be marked as follows:
    (1) The UN packaging symbol.
    [GRAPHIC] [TIFF OMITTED] TP24AU10.003

    (2) The ISO standard, for example ISO 9809-1, used for design,
construction and testing. Acetylene cylinders must be marked to
indicate the porous mass and the steel shell, for example: ``ISO 3807-
2/ISO 9809-1.''
    (3) The mark of the country where the approval is granted. The
letters ``USA'' must be marked on UN pressure receptacles approved by
the United States. The manufacturer must obtain an approval number from
the Associate Administrator. The manufacturer approval number must
follow the country of approval mark, separated by a slash (for example,
USA/MXXXX). Pressure receptacles approved by more than one national
authority may contain the mark of each country of approval, separated
by a comma.
    (4) The identity mark or stamp of the IIA.
    (5) The date of the initial inspection, the year (four digits)
followed by the month (two digits) separated by a slash, for example
``2006/04''.
    (6) The test pressure in bar, preceded by the letters ``PH'' and
followed by the letters ``BAR''. The test pressure must be obtained
from the results of a hydraulic volumetric expansion test.
    (7) The rated charging pressure of the metal hydride storage system
in bar, preceded by the letters ``RCP'' and followed by the letters
``BAR.''
    (8) The empty or tare weight. Except for acetylene cylinders, empty
weight is the mass of the pressure receptacle in kilograms, including
all integral parts (e.g., collar, neck ring, foot ring, etc.), followed
by the letters ``KG''. The empty weight does not include the mass of
the valve, valve cap or valve guard or any coating. The empty weight
must be expressed to three significant figures rounded up to the last
digit. For cylinders of less than 1 kg, the empty weight must be
expressed to two significant figures rounded down to the last digit.
For acetylene cylinders, the tare weight must be marked on the
cylinders in kilograms (KG). The tare weight is the sum of the empty
weight, mass of the valve, any coating and all permanently attached
parts (e.g. fittings and accessories) that are not removed during
filling. The tare weight must be expressed to two significant figures
rounded down to the last digit. The tare weight does not include the
cylinder cap or any outlet cap or plug not permanently attached to the
cylinder.
    (9) The minimum wall thickness of the pressure receptacle in
millimeters followed by the letters ``MM''. This mark is not required
for pressure receptacles with a water capacity less than or equal to
1.0 L or for composite cylinders.
    (10) For pressure receptacles intended for the transport of
compressed gases and UN 1001 acetylene, dissolved, the working pressure
in bar, preceded by the letters ``PW''.
    (11) For liquefied gases, the water capacity in liters expressed to
three significant digits rounded down to the last digit, followed by
the letter ``L''. If

the value of the minimum or nominal water capacity is an integer, the
digits after the decimal point may be omitted.
    (12) Identification of the cylinder thread type (e.g., 25E).
    (13) The country of manufacture. The letters ``USA'' must be marked
on cylinders manufactured in the United States.
    (14) The serial number assigned by the manufacturer.
    (15) For steel pressure receptacles, the letter ``H'' showing
compatibility of the steel, as specified in ISO 11114-1.
    (16) Identification of aluminum alloy, if applicable.
    (17) Stamp for nondestructive testing, if applicable.
    (18) Stamp for underwater use of composite cylinders, if
applicable.
    (19) For metal hydride storage systems having a limited life, the
date of expiration indicated by the word ``FINAL,'' followed by the
year (four digits), the month (two digits) and separated by a slash.
    (q) Marking sequence. The marking required by paragraph (p) of this
section must be placed in three groups as shown in the example below:
    (1) The top grouping contains manufacturing marks and must appear
consecutively in the sequence given in paragraphs (p)(12) through (19)
of this section.
    (2) The middle grouping contains operational marks described in
paragraphs (p)(6) through (11) of this section.
    (3) The bottom grouping contains certification marks and must
appear consecutively in the sequence given in paragraphs (p)(1) through
(5) of this section.
[GRAPHIC] [TIFF OMITTED] TP24AU10.004

    (r) Other markings. Other markings are allowed in areas other than
the side wall, provided they are made in low stress areas and are not
of a size and depth that will create harmful stress concentrations.
Such marks must not conflict with required marks.
    (s) Marking of UN non-refillable pressure receptacles. Unless
otherwise specified in this paragraph, each UN non-refillable pressure
receptacle must be clearly and legibly marked as prescribed in
paragraph (p) of this section. In addition, permanent stenciling is
authorized. Except when stenciled, the marks must be on the shoulder,
top end or neck of the pressure receptacle or on a permanently affixed
component of the pressure receptacle, for example a welded collar.
    (1) The marking requirements and sequence listed in paragraphs
(p)(1) through (19) of this section are required, except the markings
in paragraphs (p)(8), (9), (12) and (18) are not applicable. The
required serial number marking in paragraph (p)(14) may be replaced by
the batch number.
    (2) Each receptacle must be marked with the words ``DO NOT REFILL''
in letters of at least 5 mm in height.
    (3) A non-refillable pressure receptacle, because of its size, may
substitute the marking required by this paragraph with a label.
Reduction in marking size is authorized only as prescribed in ISO 7225,
Gas cylinders--Precautionary labels. (IBR, see Sec.  171.7 of this
subchapter).
    (4) Each non-refillable pressure receptacle must also be legibly
marked by stenciling the following statement: ``Federal law forbids
transportation if refilled-penalty up to $500,000 fine and 5 years in
imprisonment (49 U.S.C. 5124).''
    (5) No person may mark a non-refillable pressure receptacle as
meeting the requirements of this section unless it was manufactured in
conformance with this section.
    70. In Sec.  178.347-1, paragraph (d)(9) is revised to read as
follows:

Sec.  178.347-1  General requirements.

* * * * *
    (d) * * *
    (9) UW-12 in Section VIII of the ASME Code does not apply to a weld
seam in a bulkhead that has not been radiographically examined under
the following conditions:
    (i) The strength of the weld seam is assumed to be 0.85 of the
strength of the bulkhead.
    (ii) The welded seam must be a full penetration butt weld.
    (iii) No more than one seam may be used per bulkhead.

    (iv) The welded seam must be completed before forming the dish
radius and knuckle radius.
    (v) Compliance test: Two test specimens of materials representative
of those to be used in the manufacture of a cargo tank bulkhead must be
tested to failure in tension. The test specimen must be of the same
thickness and joined by the same welding procedure. The test specimens
may represent all the tanks that are made in the same facility within 6
months after the tests are completed. Before welding, the fit-up of the
joints on the test specimens must represent production conditions that
would result in the least joint strength. Evidence of joint fit-up and
test results must be retained at the manufacturers' facility for at
least 5 years.
    (vi) Acceptance criteria: The ratio of the actual tensile stress at
failure to the actual tensile strength of the adjacent material of all
samples of a test lot must be greater than 0.85.
    71. In Sec.  178.603, paragraph (f)(4) is revised to read as
follows:

Sec.  178.603  Drop test.

* * * * *
    (f) * * *
    (4) The packaging or outer packaging of a composite or combination
packaging must not exhibit any damage liable to affect safety during
transport. Inner receptacles, inner packagings, or articles must remain
completely within the outer packaging and there must be no leakage of
the filling substance from the inner receptacles or inner packagings.
* * * * *
    72. In Sec.  178.703, paragraph (a)(1)(viii) is revised to read as
follows:

Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (viii) The maximum permissible gross mass, in kg.
* * * * *
    73. In Sec.  178.955, published February 2, 2010 (75 FR 5400), and
effective October 1, 2010, new paragraphs (c)(6) and (c)(7) are added
to read as follows:

Sec.  178.955  General requirements.

* * * * *
    (c) * * *
    (6) Remanufactured Large Packaging is a metal or rigid Large
Packaging that is produced as a UN type from a non-UN type or is
converted from one UN design type to another UN design type.
Remanufactured Large Packagings are subject to the same requirements of
this subchapter that apply to new Large Packagings of the same type.
    (7) Reused Large Packaging is a Large Packaging intended to be
refilled and has been examined and found free of defects affecting its
ability to withstand the performance tests. See also Sec.  173.36(c) of
this subchapter.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    74. The authority citation for part 180 continues to read as
follows:

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

    75. In Sec.  180.207, in paragraph (c), in Table 1, between the
right-hand column entries ``Composite pressure receptacles'' and
``Pressure receptacles used for,'' a new entry ``Metal hydride storage
systems'' is added in the right-hand column and the number''5'' is
added for the entry in the left-hand column.
    76. In Sec.  180.350, in paragraph (b), the second sentence is
revised to read as follows:

Sec.  180.350  Applicability and definitions.

* * * * *
    (b) * * * For the purposes of this subchapter, the replacement of
the rigid inner receptacle of a composite IBC with one from the
original manufacturer is considered repair. * * *
* * * * *

    Issued in Washington, DC, on August 6, 2010, under authority
delegated in 49 CFR part 106.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 2010-19952 Filed 8-23-10; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Proposed Rules]
[Pages 43122-43124]
[FR Doc No: 2016-15289]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7421; Directorate Identifier 2015-NM-145-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24
(Regional Jet Series 900) airplanes, and CL-600-2E25 (Regional Jet
Series 1000) airplanes. This proposed AD was prompted by a
determination that wear and possible leakage of the high-pressure seal
in the cylinder of the No. 3 hydraulic system

reservoir could occur and prevent the system from reaching normal
operating pressure. This proposed AD would require repetitive
operational checks for wear and leakage of the high-pressure seal in
the cylinder of the reservoir of the No. 3 hydraulic system, and
corrective actions if necessary. We are proposing this AD to detect and
correct a malfunctioning temperature indication of the No. 3 hydraulic
system. High hydraulic fluid temperature combined with a temperature
transducer malfunction could result in un-annunciated overheating of
the hydraulic system and consequent ignition sources inside the fuel
tank, which, combined with flammable fuel vapors, could result in a
fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by August 15, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery:
     Deliver to Mail address above between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7421; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-7421;
Directorate Identifier 2015-NM-145-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-27, dated September 14, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet
Series 705); CL-600-2D24 (Regional Jet Series 900) airplanes; and CL-
600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

    It was discovered that the high-pressure seal in the cylinder of
the No. 3 hydraulic system reservoir with P/N 960450-1 could wear
and leak. This can cause high hydraulic fluid temperature and/or
prevent the system from reaching normal operating pressure. High
hydraulic fluid temperature, in combination with a temperature
transducer malfunction, could result in an unannunciated overheat of
the hydraulic system that could result in a potential ignition
source within the fuel system.
    This [Canadian] AD mandates the repetitive operational check of
the hydraulic system No. 3 fluid temperature indication as an
interim mitigating action.

    Required actions include repeating any operational check that fails
until the operational check passes. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2016-7421.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 670BA-29-018, Revision A,
dated October 13, 2015. The service information describes procedures
for performing an operational check for wear and leakage of the high-
pressure seal in the cylinder of the reservoir of the No. 3 hydraulic
system. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 509 airplanes of U.S.
registry.
    We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $43,265, or $85
per airplane.
    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in

air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2016-7421; Directorate Identifier
2015-NM-145-AD.

(a) Comments Due Date

    We must receive comments by August 15, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in
paragraph (c)(1), (c)(2), or (c)(3) of this AD, certificated in any
category, equipped with No. 3 hydraulic system reservoir having part
number 960450-1.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-
600-2D15 (Regional Jet Series 705), having serial numbers 10002
through 10999 inclusive.
    (2) Model CL-600-2D24 (Regional Jet Series 900) airplanes,
having serial numbers 15001 through 15990 inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes,
having serial numbers 19001 through 19990 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by a determination that wear and possible
leakage of the high-pressure seal in the cylinder of the No. 3
hydraulic system reservoir could occur. We are issuing this AD to
detect and correct a malfunctioning temperature indication of the
No. 3 hydraulic system. High hydraulic fluid temperature combined
with a temperature transducer malfunction could result in un-
annunciated overheating of the hydraulic system and consequent
ignition sources inside the fuel tank, which, combined with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Operational Check and Repair, if Necessary

    Within 660 flight hours or 4 months after the effective date of
this AD, whichever occurs first: Perform an operational check for
wear and leakage of the high-pressure seal in the cylinder of the
reservoir of the No. 3 hydraulic system, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-29-
018, Revision A, dated October 13, 2015. If the operational check
fails, before further flight, do applicable corrective actions and
repeat the operational check and applicable corrective actions until
the operational check passes. Repeat the operational check
thereafter at intervals not to exceed 660 flight hours or 4 months,
whichever occurs first.

(h) Credit for Previous Actions

    This paragraph provides credit for the applicable actions
required by paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Bombardier
Service Bulletin 670BA-29-018, dated June 25, 2015, which is not
incorporated by reference in this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax<PHONE_NUMBER>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2015-27, dated September
14, 2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-7421.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 21, 2016.
Dorr Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-15289 Filed 6-30-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Rules and Regulations]
[Pages 18155-18156]
[FR Doc No: 2014-06800]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-1008; Airspace Docket No. 13-AAL-8]

Revocation of Class E Airspace; Kwigillingock, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E airspace at Kwigillingock Airport,
Kwigillingock, AK, due to the cancellation of the approaches. The FAA
is taking this action to enhance the management of aircraft operations
within the National Airspace System.

DATES: Effective date, 0901 UTC, July 24, 2014. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On January 31, 2014, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to remove controlled airspace at
Kwigillingock, AK (79 FR 5329). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. One comment was received from Mr. Skillman in
support of the proposal. Mr. Skillman further recommended the FAA focus
resources into re-extending the runway to regain Class E status. This
recommendation is beyond the scope of this docket and was not
considered.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9X, dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by removing Class E airspace extending upward from 700 feet
above the surface, at Kwigillingock Airport, Kwigillingock, AK, as
instrument approach procedures were cancelled and controlled airspace
is no longer needed.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act. The FAA's authority to issue rules
regarding aviation safety is found in Title 49 of the U.S. Code.
Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it amends
controlled airspace at Kwigillingock Airport, Kwigillingock, AK.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially

significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, dated August 7, 2013, and
effective September 15, 2013 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Kwigillingok, AK [Removed]

    Issued in Seattle, Washington, on March 21, 2014.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2014-06800 Filed 3-31-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Proposed Rules]
[Page 1547]
[FR Doc No: 2023-00207]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 8 and 197

[Docket No. USCG-1998-3786]
RIN 1625-AA21

Commercial Diving Operations

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing the proposed rule entitled
``Commercial Diving Operations'' published in the Federal Register on
February 19, 2015. We are taking this action because there have been
changes in the industry since we published the NPRM in 2015, including
new standards and technologies. We have concluded that the rule we
proposed in 2015 is no longer appropriate in light of those changes.
The Coast Guard may issue a new rulemaking in the future if warranted.

DATES: The advance notice of proposed rulemaking published on June 26,
1998 (63 FR 34840); comment period extended on September 23, 1998 (63
FR 50848); second advance notice of proposed rulemaking published on
January 6, 2009 (74 FR 414); notice of proposed rulemaking published on
February 19, 2015 (80 FR 9151), and reopening of comment period on
August 24, 2015 (80 FR 51173) are withdrawn as of January 11, 2023.

ADDRESSES: The docket for this withdrawal is available at the Federal
eRulemaking Portal at https://www.regulations.gov. Please search for
docket number USCG-1998-3786.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Kenneth A. Smith, General Engineer, Vessel and Facility
Operating Standards Division, CG-OES-2, U.S. Coast Guard; telephone
202-372-1413, email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 2015, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Commercial Diving Operations'' in
the Federal Register (80 FR 9152).\1\ The intent of the proposed
rulemaking was to amend the regulations for commercial diving conducted
from deepwater ports or deepwater port safety zones, in connection with
Outer Continental Shelf activities, or from vessels that are required
to have a Coast Guard certificate of inspection. The proposed
rulemaking sought to amend these regulations to improve the safety of
people and property involved in commercial diving operations and to
protect the environment in which they operate, as well as to include
current industry best practices. The proposed regulations also aimed to
allow the Coast Guard to approve independent third-party organizations
to assist with ensuring regulatory compliance of commercial diving
regulations.
---------------------------------------------------------------------------

    \1\ The Coast Guard published four additional documents related
to the 2015 NPRM. We issued our first advance notice of proposed
rulemaking (ANPRM) on June 26, 1998 (63 FR 34840) and extended the
comment period on September 23, 1998 (63 FR 50848). On January 6,
2009, we published a second ANPRM (74 FR 414). After publishing the
2015 NPRM, we reopened the comment period on August 24, 2015 (80 FR
51173).
---------------------------------------------------------------------------

Withdrawal

    The Coast Guard is withdrawing the proposed rule published on
February 19, 2015. Upon further review of commercial diving
technologies and standards, it is evident that significant changes have
occurred in the industry and we no longer consider the original
proposal an appropriate solution.
    The Coast Guard will continue to assess the standards and
technologies used and practiced in the commercial diving industry,
support the continued development of commercial diving standards to
improve commercial diving safety, oversee the work of recognized
organizations, and request input from our Federal advisory committees
as appropriate. The Coast Guard may decide to develop new rulemaking
proposals in the future, but Unified Agenda item 1625-AA21 will be
withdrawn once this notice is published.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: January 4, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-00207 Filed 1-10-23; 8:45 am]
BILLING CODE P