{"operation":"document","citation":"80 FR 72914","title":"Hazardous Materials: Editorial Corrections and Clarifications (RRR)","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-11-23","effective_on":"2015-12-23","summary":"This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2015-29683.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2015-29683.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2015-29683","source_url":"https://www.federalregister.gov/documents/2015/11/23/2015-29683/hazardous-materials-editorial-corrections-and-clarifications-rrr","body":"Federal Register, Volume 80 Issue 225 (Monday, November 23, 2015) [Federal Register Volume 80, Number 225 (Monday, November 23, 2015)] [Rules and Regulations] [Pages 72914-72929] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2015-29683] [[Page 72914]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 177, 178 and 180 [Docket No. PHMSA-2015-0103 (HM-260)] RIN 2137-AF11 Hazardous Materials: Editorial Corrections and Clarifications (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements. DATES: This regulation is effective December 23, 2015. FOR FURTHER INFORMATION CONTACT: Aaron Wiener, Standards and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background II. Section-by-Section Review III. Regulatory Analyses and Notices A. Statutory/Legal Authority for the Rulemaking B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures F. Executive Order 13563 Improving Regulation and Regulatory Review G. Paperwork Reduction Act H. Regulatory Identifier Number (RIN) I. Unfunded Mandates Reform Act J. Environmental Assessment K. Privacy Act I. Background The Pipeline and Hazardous Materials Safety Administration (PHMSA) annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify typographical errors, outdated addresses or other contact information, and similar errors. In this final rule, we are correcting typographical errors, incorrect references to the Code of Federal Regulations (CFR) and international standards citations, inconsistent use of terminology, misstatements of certain regulatory requirements, and inadvertent omissions of information, and making revisions to clarify the regulations. Of the corrections and clarifications made in this final rule, a significant number originate from three recent final rules under the following dockets: PHMSA-2009- 0063 (HM-250) [79 FR 40590]; PHMSA-2009-0095 (HM-224F)] [79 FR 46012]; and PHMSA-2013-0260 (HM-215M) [80 FR 1075]. Because these amendments do not impose new requirements, notice and public comment are unnecessary. II. Section-by-Section Review The following is a section-by-section summary of the minor editorial corrections and clarifications made in this final rule. Part 171 Section 171.22 This section prescribes the authorization and conditions for use of international standards and regulations. The wording at the end of paragraph (f)(4) applicable to shipping paper retention, states ``Sec. 172.201(e) of this part'', which incorrectly assigns it to 49 CFR part 171. As Sec. 172.201(e), is not in part 171, in this final rule, the text is revised to read ``Sec. 172.201(e) of this subchapter.'' Section 171.23 Section 171.23 prescribes requirements for specific materials and packagings transported under various international standards. Paragraph (a)(4)(ii) contains a grammatical error stating the word ``drive'' instead of ``device.'' In this final rule, we are correcting this grammatical error. Additionally, the text in the middle of paragraph (a)(5), applicable to cylinders not equipped with pressure relief devices, states the cylinders must be ``tested and marked in accordance with part 178 of this subchapter and otherwise conforms to the requirements of part 173 for the gas involved'', but does not reference that part 173 belongs to subchapter C. In this final rule, we are revising (a)(5) to make this clarification. Section 171.24 Section 171.24 provides additional requirements for the use of the International Civil Aviation Organization's Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air. The text at the end of paragraph (c), applicable to transportation by highway prior to or after transportation by aircraft, states a ``motor vehicle must be placarded in accordance with subpart F of part 172'', but does not reference that part 172 belongs to Subchapter C. In this final rule, we are revising paragraph (c) to make this clarification. Part 172 Section 172.101 This section prescribes the purpose and instructions for use of the Sec. 172.102 Hazardous Materials Table (HMT). We are making a number of editorial corrections to several entries in the HMT. The editorial corrections are as follows: In a final rule published under Docket Number PHMSA-2012- 0080 (HM-244E) [77 FR 60935], the entry for ``Aminophenols (o-; m-; p- ), UN2512'' was amended to correct a publication error in Column (2). In making the correction, the text in Columns (3) through (10B) was inadvertently removed and left blank. This final rule corrects that error by reinstating the text in Columns (3) through (10B) for UN2512 as it read on prior to the HM-244E rulemaking October 5, 2012. Amendments to Column (1) Symbols For the entry ``Environmentally hazardous substances, solid, n.o.s, UN3077,'' the symbol ``G'' is added to Column (1) as it was inadvertently removed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Self-heating solid, organic, n.o.s, UN3088,'' the symbol ``G'' is added to Column (1) as it was inadvertently removed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. Amendments to Column (2) Hazardous Materials Descriptions and Proper Shipping Names For the entry ``N-Aminoethyl piperazine, UN2815,'' the space between ``N-Aminoethyl'' and ``piperazine'' is removed to read ``N-Aminoethylpiperazine'' as the space was inadvertently introduced in the HM-215M final rule. [[Page 72915]] For the entry ``Ammonia solutions, relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia, UN2073,'' the plural ``solutions'' is revised to read ``solution'' consistent with the International Maritime Dangerous Goods (IMDG) Code, the ICAO TI, the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations). For the entry ``Ammonia solutions, relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia, UN2672,'' the plural ``solutions'' is revised to read ``solution'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Batteries, dry, containing potassium hydroxide solid, electric storage, UN3028,'' the phrase ``electric storage'' was inadvertently changed from italicized to non-italicized text in the HM-215M final rule. In this final rule, the italicized text is reinstated. For the entry ``Environmentally hazardous substances, solid, n.o.s, UN3077,'' the plural ``substances'' is revised to read ``substance'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Paint, corrosive, flammable (including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler, and liquid lacquer base), UN3470,'' the word ``solutions'' was inadvertently added to the italicized text in the HM- 215M final rule. In this final rule, the word ``solutions'' is removed. For the entry ``Printing ink, flammable or Printing ink related material (including printing ink thinning or reducing compound), flammable, UN1210,'' the first instance of the word ``flammable'' was inadvertently changed from italicized to non- italicized text in the HM-215M final rule. In this final rule, the italicized text is reinstated. For the entry ``Trinitrobenzene, wetted with not less than 30 percent water, by mass, UN1354,'' the word ``wetted'' was inadvertently changed from non-italicized to italicized text in the HM- 215M final rule. In this final rule, the non-italicized text is reinstated. Amendments to Column (5) Packing Group For the entry ``Cells, containing sodium, UN3292,'' the Packing Group in Column (5) is removed for consistency with ``Batteries, containing sodium, UN3292,'' as amended in the HM-215M final rule. In a final rule published under Docket Number PHMSA-2013- 0041 (HM-215K, HM-215L, HM-218G and HM-219) [77 FR 65453], PHMSA revised the HMT entry ``Petroleum sour crude oil, flammable, toxic, UN3494,'' that had been erroneously placed between the Packing Group II and III petroleum oil entries under NA1270. In making the correction, the Packing Group II and III entries for UN3494 were inadvertently omitted. This final rule corrects that error by reinstating the Packing Group II and III entries for UN3494. Amendments to Column (6) Label Codes For ``Organometallic substance, liquid, water-reactive, UN3398,'' the Class 3 subsidiary hazard code is removed from the Packing Group II and III entries. These subsidiary hazard codes were inadvertently added when the entries were revised in the HM-215 final rule. Amendments to Column (7) Special Provisions For the entry ``Combustible liquid, n.o.s., NA1993,'' special provision T4 is removed. Special Provisions T1 and T4 are both currently assigned to this entry; however, only one portable tank code should be listed as both cannot be used when building and constructing a portable tank. Special provision T1 is listed correctly. Special provision T4 was inadvertently added when amending the entry in a final rule published under Docket Number RSPA-2000-7702 (HM-215D) [66 FR 33316]. For the entries ``Lithium ion batteries including lithium ion polymer batteries, UN3480'' and ``Lithium metal batteries including lithium alloy batteries, UN3090,'' special provision A54 is added in Column (7). Special provision A54 was inadvertently removed when these entries were revised in the HM-215M final rule. Amendments to Column (8B) Non-Bulk Packaging Authorizations For the entry ``Self-heating solid, organic, n.o.s, UN3088, PG III,'' the packaging authorization is revised to read ``213'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. Amendments to Column (9) Quantity Limitations For the entry ``Self-heating solid, organic, n.o.s, UN3088, PG III,'' the Quantity Limitation in Column (9A) is revised to read ``25 kg'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Self-heating solid, organic, n.o.s, UN3088, PG III,'' the Quantity Limitation in Column (9B) is revised to read ``100 kg'' as it was inadvertently changed when the entry was amended in a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033]. For the entry ``Self-reactive solid type B, UN3222,'' the Quantity Limitation in Columns (9A) and (9B) are revised to read ``Forbidden.'' When this entry was revised in a final rule published under Docket Number PHMSA 2011-0142 (HM-219) [78 FR 14702], Columns (9A) and (9B) were inadvertently revised from ``Forbidden'' to ``(1)'' and ``(2)'' respectively. This entry was subsequently revised in a Federal Register correction document (78 FR 17874), but due to a publication error it was not transitioned into the printed or electronic versions of the CFR. In this rulemaking, PHMSA is reinstating the correct quantity limitation notation of ``Forbidden'' in Columns (9A) and (9B) for this entry. Amendments to Column (10) Vessel Stowage Requirements Two entries exist for ``Trinitrobenzene, dry or wetted with less than 30 percent water, by mass, UN0214.'' One entry indicates ``4'' in Column (10A) and the other ``04''. In this final rule both entries are removed and the correct entry with ``04'' in Column (10A) is re-added. For the PG III entry for ``Oxidizing solid, corrosive, n.o.s, UN3085,'' the Vessel Stowage in Column (10B) is corrected from ``F56'' to read ``56'' as the ``F'' was inadvertently added when the entry was revised in the HM-215M final rule. Section 172.102 Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. In a final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033], PHMSA incorporated DOT-SP 12825 to [[Page 72916]] the entry in the HMT for ``UN2990, Life-saving appliances, self- inflating,'' by adding a new special provision 338 in Column 7. The special permit was limited only to transport by motor vehicle; however, the special provision was added without the modal limitation. Therefore, in this final rule, PHMSA is revising special provision 338 to clarify applicability to motor vehicle only. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. The HM-215M rulemaking subsequently added special provision 369, but did not incorporate the paragraph renumbering of Sec. 173.421. In this final rule, PHMSA is revising special provision 369 to reflect the appropriate paragraphs of Sec. 173.421 along with some grammatical revisions. Section 172.202 Section 172.202 establishes requirements for shipping descriptions on shipping papers. In paragraph (d), the example for a technical name in association with the basic description is in a sequence that is no longer authorized under the HMR. In this final rule, the sequence is revised by placing the identification number at the beginning of the sequence. Section 172.203 Section 172.203 prescribes additional shipping paper requirements for ``n.o.s.'' and generic shipping descriptions. The example in paragraph (k)(1) for ``UN2924'' is missing the Class 8 subsidiary risk. In this final rule, the subsidiary risk is added to the example. Section 172.502 Section 172.502 specifies prohibited and permissive placarding requirements. In this final rule, paragraph (b)(3), applicable to use of a safety sign or safety slogan (e.g., ``Drive Safely'' or ``Drive Carefully''), is removed as the transitional provision is expired. Section 172.704 Section 172.704 specifies the requirements for hazardous materials training. In this final rule, the expired transitional provision in paragraph (e)(2), applicable to training for railway employees, is removed. Part 173 Section 173.4 This section provides requirements for shipments of small quantities by highway and rail. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (b) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.8 This section provides exceptions for non-specification packagings used in intrastate transportation. Paragraph (a) of Sec. 173.8, authorizes transport of non-specification bulk packaging by an intrastate motor carrier until July 1, 2000. In this final rule, we are removing and reserving paragraph (a) as this transition date has expired. Section 173.25 This section provides requirements for packages utilizing overpacks. In the HM-250 final rule, paragraph (a)(4) was revised to require the ``OVERPACK'' marking for Class 7 (radioactive) material when a Type A, Type B(U), Type B(M) or industrial package is required. Paragraph (a)(4) was subsequently revised in the HM-215M final rule by specifying the minimum size requirement for the ``OVERPACK'' marking. In making the HM-215M revision the requirement added in the HM-250 final rule was inadvertently omitted. We are revising paragraph (a)(4) to include the requirements added in both the HM-250 and HM-215 final rules. Section 173.127 Section 173.127 provides a definition and criteria for the assignment of packing groups for Division 5.1 oxidizers. In the HM-215M final rule, PHMSA authorized an alternative test for assigning packing groups to Division 5.1 oxidizing solids. Due to an incorrect regulatory instruction, the paragraph (b)(2) was inadvertently removed. In this final rule, PHMSA is reinstating the paragraph (b)(2) text. Section 173.156 Section 173.156 prescribes exceptions for limited quantity and ORM material. In a final rule published under Docket Number PHMSA-2013-0041 (HM-215K, HM-215L, HM-218G and HM-219) [78 FR 65454], paragraph (b)(2)(vi) was removed which was the last paragraph in the section. As a result, the preceding paragraph (b)(2)(v) became the last paragraph in the section and presently ends with ``; and'' instead of a period. In this rule, we are replacing ``and'' at the end of paragraph (b)(2)(v) with a period and adding ``and'' to the end of paragraph (b)(2)(iv). Section 173.185 Section 173.185 sets forth packaging requirements and certain conditional exceptions for the transport of lithium batteries. The HM- 224F final rule revised this section in its entirety. This final rule makes thirteen editorial corrections and clarifications to Sec. 173.185 as follows: 1. Paragraph (b)(4)(i) is revised to clarify that the outer packaging requirement only applies to lithium cells or batteries contained in equipment when an outer packaging is used. 2. In paragraph (b)(4)(iii) applicable to spare lithium cells or batteries packed with equipment the word ``ion'' is removed to clarify that this requirement applies not only to lithium ion cells and batteries, but also to lithium metal cells and batteries. This editorial revision clarifies the intent discussed in the HM-224 final rule preamble on 79 FR 46019 (third column). 3. In paragraph (b)(5), the reference to (b)(4) is replaced with (b)(3)(iii) as (b)(4) does not contain UN performance packaging requirements. 4. Paragraph (c) is revised to clarify that the UN performance packaging requirements in both paragraphs (b)(3)(ii) and (b)(3)(iii) do not apply to any packages containing smaller lithium cells and batteries meeting the conditions of paragraph (c) including packages that contain lithium metal cells and batteries packed with, or contained in equipment. Previous to the revision in this final rule, paragraph (c) excepted smaller lithium cells and batteries from the UN performance packaging requirements in paragraphs (b)(3)(ii) and (b)(4) of this section. While the original intent was to except all smaller lithium cells and batteries from the UN performance packaging, a potential conflict was identified with regard to smaller lithium cells and batteries packed with equipment because the requirements in (b)(3)(iii)(A) and (B) indicate that such batteries must meet the Packing Group II performance requirements as specified in paragraph (b)(3)(ii). Because the requirements of (b)(3)(iii) were not specifically excepted in paragraph (c), this caused confusion leading some offerors and carriers to inquire if smaller lithium cells and batteries packed with equipment are subject to the UN performance packaging requirements. As a result, in this final rule, we are revising paragraph (c) to clarify smaller lithium cells and batteries are excepted from the entirety of UN performance packaging requirements in paragraphs (b)(3)(ii) and (b)(3)(iii) while also [[Page 72917]] removing the reference to (b)(4) because it does not contain UN performance packaging requirements. 5. In paragraph (c)(1)(v) applicable to markings for lithium metal batteries, incorrect references to paragraphs (c)(1)(ii) and (c)(1)(iii) are replaced with correct references to paragraphs (c)(1)(iii) and (c)(1)(iv). 6. Paragraph (c)(2) is revised to clarify that for lithium batteries packed with equipment, either the package containing the batteries may be individually drop tested, or the completed package containing both the batteries and equipment may be subjected to the 1.2 meter drop test. This is consistent with intent of the HM-224F final rule to align the provisions of the HMR with the provisions prescribed in Packing Instruction(s) 966 and 969 of the 2013-2014 edition of the ICAO TI. 7. Paragraph (c)(3) is revised to eliminate redundant requirements for air transportation by moving marking requirements from paragraph (c)(4)(i) to paragraph (c)(3). This revision clarifies that all four of the documentation requirements in (c)(3)(ii)(A)-(D) [now (c)(3)(iii)(A)-(D)] are applicable to air shipments. This revision also clarifies that for air transport both the markings prescribed in (c)(3)(i)(A)-(D) and the air handling mark are not required. Paragraph (c)(3)(i) is revised to clarify that the marking requirements prescribed in (c)(3)(i)(A)-(D) are applicable for transport by highway, rail, and vessel and may be alternatively satisfied by use of the air handling mark. In addition, by consolidating the small battery hazard communication requirements in paragraph (c)(3), it is clarified that the handling marking is not required for a package containing button cell batteries installed in equipment (including circuit boards), or no more than four lithium cells or two lithium batteries installed in the equipment. Although this particular exception is unchanged in paragraph (c)(3), there was some confusion on the part of shippers and carriers as to whether the exception was also intended to apply to air shipments as there was previously no clear exception from the requirement in paragraph (c)(4) to apply the air handling mark for batteries installed in equipment. 8. As required by the previous paragraph (c)(4)(i)(C) [now (c)(3)(ii)(C)], the asterisk on the air handling mark must be replaced with the phrase ``lithium ion battery'' and/or ``Lithium metal battery.'' Consistent with the ICAO TI, there is no requirement in the previous paragraph (c)(4)(i)(C) [now (c)(3)(ii)(C)], to indicate that the word ``cell'' is marked on a package containing lithium ``cells,'' meaning that word ``battery'' is used to describe packages containing both lithium cells and batteries. This differs from (c)(3)(i)(A), which requires an indication that the package contains ``lithium metal'' or ``lithium ion'' cells or batteries, as appropriate. As discussed in the HM-224F preamble (79 FR 46022, third column) we stated the lithium- battery handling label that is required for air transport may be used by all modes provided it conveys the information required by the HMR. The present air transportation requirements for the lithium battery handling marking in both the HMR and the ICAO only require use of the word ``battery'' (even for packages containing cells). Therefore a ``lithium battery handling marking'' that would be compliant when transporting lithium cells by air would not satisfy the hazard communication requirement for other modes that require an indication the package contains ``cells''. As a result, we are revising (c)(3)(i)(A) to clarify that the word ``battery'' may be used to satisfy the marking requirements of packages containing ``cells.'' 9. Paragraph (c)(3)(i)(A) applicable to marking requirements for excepted lithium batteries is revised to clarify that a package must be marked with an indication that it contains ``lithium metal'' and/or ``lithium ion'' batteries and is not limited to one or the other type and for consistency with (c)(4)(i)(C) [now (c)(3)(ii)(C)], which contains the text ``and/or.'' 10. Paragraph (c)(4)(ii) [now (c)(4)(iii)] is revised by removing the redundant documentation requirements already required in paragraph (c)(3). 11. Paragraph (c)(4)(v) [now (c)(4)(vi)], is revised to clarify that it does not apply to lithium cells or batteries packed with or contained in equipment. When transported by air, for small lithium cells or batteries packed with or contained in equipment, the quantity limitations are prescribed in (c)(4)(iii) [now (c)(4)(iv]. 12. In paragraph (e)(3), the reference to (b)(4) is replaced with (b)(3)(iii) as (b)(4) does not contain UN performance packaging requirements. 13. Paragraph (f)(3)(iii) is revised by removing the word ``large'' from the phrase ``single large battery'' as the term ``large'' refers to the package, not the battery. Section 173.199 This section prescribes the packaging requirements and exceptions for Category B infectious substances. In the HM-215M final rule, paragraph (a)(5) was revised for consistency with the UN Model Regulations. In making the revision, the square-on-point marking graphic ``UN3373'' was inadvertently removed. In this final rule, the graphic is reinstated in paragraph (a)(5). Section 173.302 This section specifies requirements for the filling of cylinders with non-liquefied (permanent) compressed gases. In the HM-215M final rule, PHMSA adopted the provisions in UN Model Regulations for the transportation of adsorbed gases in cylinders. PHMSA amended the title of this section and paragraph (a) to include and specify requirements for the transportation of adsorbed gases. Due to a regulatory instruction error, the revisions to paragraph (a) were not included in the CFR. In this final rule, PHMSA is adding the revisions to paragraph (a) as intended in the HM-215M final rule as published in 80 FR 1161, instruction number 48. Section 173.309 Section 173.309 prescribes requirements for fire extinguishers. In the HM-215M final rule, provisions for transporting large fire extinguishers unpackaged were added in a new paragraph (e). Paragraph (e)(2) requires that the valves must be protected in accordance with Sec. 173.301(c)(2)(i), (ii), (iii) or (v). The references to Sec. 173.301(c) are incorrect as the applicable requirements are located in Sec. 173.301b(c). In this final rule, PHMSA is revising paragraph (e)(2) to correctly reference Sec. 173.301b(c)(2)(i), (ii), (iii) or (v). Section 173.314 This section prescribes requirements for transporting compressed gases in tank cars and multi-unit tank cars. In paragraph (k)(2), the basic description for chlorine is in a sequence that is no longer authorized under the HMR. In this final rule, the sequence is revised by placing the identification number at the beginning of the sequence. Section 173.334 Section 173.334 prescribes packaging and filling requirements for organic phosphates mixed with compressed gas. In paragraph (b), the word ``education'' is replaced with the word ``eduction,'' as originally intended. Section 173.417 Section 173.417 discusses authorized fissile materials packages. The HM-250 final rule removed paragraph (b)(3) leaving the preceding paragraph (b)(2) [[Page 72918]] ending with ``; or''. In this final rule, ``;or'' is replaced with a period (``.''). Section 173.420 Section 173.420 prescribes the transport conditions for uranium hexafluoride. The HM-250 final rule removed and reserved paragraph (a)(2)(ii) which ended in ``; or''. In this rule, the word ``or'' is added to the end of the preceding paragraph (a)(2)(i). In addition, in this rule, paragraph (d)(2) is amended to correct an error made in HM- 215M by replacing references to Sec. Sec. 173.421(a)(1) and (a)(4) with Sec. Sec. 173.421(a) and (d). Section 173.422 Section 173.422 prescribes additional requirements for excepted packages containing Class 7 (radioactive) materials. Paragraph (c) requires the reporting of decontamination in accordance with Sec. Sec. 174.750, 175.700(b), or 176.710 dependent on the mode of transportation. In a final rule published under Docket Number RSPA-02- 11654 (HM-228) [71 FR 14586], the reporting requirements in Sec. 175.700(b) were moved to Sec. 175.705. In this final rule, PHMSA is revising paragraph (c) by replacing the reference to Sec. 175.700(b) with Sec. 175.705. Section 173.423 Section 173.423 prescribes requirements for multiple hazard limited quantity Class 7 materials. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (a)(2) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.426 Section 173.426 prescribes requirements for excepted packages for articles containing natural uranium or thorium. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (c) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.428 This section provides transport requirements for empty Class 7 (radioactive) materials packaging. In the HM-250 final rule, the paragraphs contained in Sec. 173.421 were renumbered. Multiple sections referencing the previous paragraph numbering of Sec. 173.421 were not amended in the HM-250 rulemaking. In this final rule, PHMSA is revising paragraph (a) to reflect the appropriate paragraphs of Sec. 173.421. Section 173.436 This section contains exempt material activity concentrations and exempt consignment activity limits for radionuclides. In the HM-250 final rule, footnote b, which provides a list of parent nuclides and their progeny listed in secular equilibrium was amended. For the entry ``RA-226,'' Bi-214 was listed twice. In this final rule, PHMSA is removing the duplicate progeny entry of Bi-214 from footnote b. Part 175 Section 175.10 Section 175.10 specifies the conditions for which passengers, crew members, or an operator may carry hazardous materials aboard a passenger aircraft. In the HM-224F final rule, Watt-hours were adopted in place of ``equivalent lithium content,'' as the measure of power (or size) of a lithium ion cell or battery (see 79 FR 46012 and 46015). In paragraph (a)(17)(v), applicable to wheelchairs or other mobility aids powered by lithium ion batteries the phrase ``equivalent lithium content'' was inadvertently retained. We are revising Sec. 175.10(a)(17)(v)(D) and (E) by replacing references to equivalent lithium content with Watt-hours. The revision states that the battery must not exceed 300 Watt-hours and that a maximum of one spare battery not exceeding 300 Watt-hours or two spares not exceeding 160 Watt-hours each may be carried. Part 176 Section 176.104 Section 176.104 prescribes requirements for loading and unloading Class 1 materials. Paragraph (c)(3) contains a grammatical error stating the word ``hoods'' instead of ``hooks.'' In this final rule, we are correcting this grammatical error. Section 176.116 Section 176.116 prescribes the general stowage conditions for Class 1 explosive materials. Paragraph (e)(3) contains a reference to the Class A60 standard that is defined in 46 CFR 72.05-10(a)(1). However, 46 CFR 72.05-10(a)(1) does not exist and, therefore, does not provide the definition for the Class A60 standard. In this final rule, the citation is corrected to read 46 CFR 72.05-10(c)(1). Section 176.905 Section 176.905 prescribes specific requirements for motor vehicles or mechanical equipment powered by internal combustion engines that are offered for transportation and transported by vessel. In the HM-215M final rule, PHMSA aligned the conditions for exception from the subchapter in paragraph (i) with those recently adopted by the IMO. Due to an incorrect regulatory instruction, the paragraph (i) introductory text was inadvertently removed. In this final rule, PHMSA is reinstating the paragraph (i) introductory text. Part 177 Section 177.838 Section 177.838 prescribes specific loading and unloading requirements for Class 4 (flammable solid) materials, Class 5 (oxidizing) materials, and Division 4.2 (pyrophoric liquid) materials when carried by public highway. In this final rule, PHMSA is revising the section heading by replacing the word ``pyroforic'' with the correct spelling ``pyrophoric.'' In addition, paragraph (g) of Sec. 177.838 is revised to clarify that the limitation that a motor vehicle may only contain 45.4 kg (100 pounds) or less net mass of material described as ``Smokeless powder for small arms, Division 4.1'' also includes ``Black powder for small arms, Division 4.1''. This clarification will provide consistency with the requirements and limitations of Sec. Sec. 173.170 and 173.171 which respectively authorize Black powder for small arms that has been classed in Division 1.1 and Smokeless powder for small arms that has been classed as Division 1.3 or Division 1.4 to be reclassed as a Division 4.1 material for domestic transportation by highway, provided certain conditions are met. Sections 173.170 and 173.171 further provide, respectively, that the total quantity of the re-classed black powder or smokeless powder in one motor vehicle may not exceed 45.4 kg (100 pounds) net mass. Part 178 Section 178.71 Section 178.71 prescribes specifications for UN pressure receptacles. We are revising paragraph (p)(15) to correct a typographical error by replacing the ``1'' in ``1SO 11114-1'' with an ``I'' to read ``ISO 11114-1'' . Section 178.801 Section 178.801 sets forth recordkeeping requirements for IBC packaging manufacturers, design type [[Page 72919]] testers, and periodic retesters. In paragraph (l)(2), subparagraph (vii) was inadvertently skipped when the paragraph was revised in a final rule published under Docket Number PHMSA-2013-0041 (HM-215K, HM- 215L, HM-218G and HM-219) [77 FR 65453]. We are revising paragraph (l)(2) to correct the subparagraph numbering sequence. Part 180 Section 180.213 This section prescribes requirements for requalification markings for cylinders. We are revising paragraph (f)(1) to correct the reference to Sec. 173.309(b) to read ``Sec. 173.309(a).'' III. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This final rule is published under authority of 49 U.S.C. 5103(b), which authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The purpose of this final rule is to remove inadvertent errors in the hazardous materials table, grammatical and typographical errors, and, in response to requests for clarification, improve the clarity of certain provisions in the Hazardous Materials Regulations. The changes made in this final rule are considered non-substantive and this is published as a direct final rule. B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures This final rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. This rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). Additionally, E.O. 13563 supplements and reaffirms E.O. 12866, stressing that, to the extent permitted by law, an agency rulemaking action must be based on benefits that justify its costs, impose the least burden, consider cumulative burdens, maximize benefits, use performance objectives, and assess available alternatives. This final rule does not impose new or revised requirements for hazardous materials shippers or carriers; therefore, it is not necessary to prepare a regulatory impact analysis. C. Executive Order 13132 This final rule has been analyzed in accordance with the principles and criteria in Executive Order 13132 (``Federalism''). This final rule does not adopt any regulation that: (1) Has substantial direct effects on the states, the relationship between the national government and the states, or the distribution of power and responsibilities among the various levels of government; or (2) imposes substantial direct compliance costs on state and local governments. PHMSA is not aware of any state, local, or Indian tribe requirements that would be preempted by correcting editorial errors and making minor regulatory changes. This final rule does not have sufficient federalism impacts to warrant the preparation of a federalism assessment. D. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Because this final rule does not have tribal implications, does not impose substantial direct compliance costs on Indian tribal governments, and does not preempt tribal law, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies This final rule will not have a significant economic impact on a substantial number of small entities. This rule makes minor editorial changes that will not impose any new requirements on persons subject to the HMR; thus, there are no direct or indirect adverse economic impacts for small units of government, businesses, or other organizations. F. Executive Order 13563 Improving Regulation and Regulatory Review Executive Order 13563 supplements and reaffirms the principles, structures, and definitions governing regulatory review that were established in Executive Order 12866 Regulatory Planning and Review of September 30, 1993. In addition, Executive Order 13563 specifically requires agencies to: (1) Involve the public in the regulatory process; (2) promote simplification and harmonization through interagency coordination; (3) identify and consider regulatory approaches that reduce burden and maintain flexibility; and (4) ensure the objectivity of any scientific or technological information used to support regulatory action; consider how to best promote retrospective analysis to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome. A complete review of the existing HMR led to the identification of various minor errors in the HMR. The correction of these errors will clarify current text while maintaining the intent of the regulations affected. This final rule is designed to address those errors by making non-substantive changes to the HMR such as editorial changes, spelling corrections, removal of transitional requirements that are no longer applicable and formatting modifications. This final rule corrects these errors but does not require the application of Executive Order 13563. The final rule does however clarify the regulatory text thus improving the regulations. G. Paperwork Reduction Act This final rule imposes no new information collection requirements. H. Regulation Identifier Number (RIN) A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. I. Unfunded Mandates Reform Act This","truncated":true,"body_characters":92597}