Owen Compliance Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 'OCT i 9 2009 Mr. David W. Boston President Owen Compliance Services, Inc. PO Box 765 12001 County Road 1000 Godley, TX 76044-0765 Ref. No. 09-0200 Dear Mr. Boston: This is in response to your August 26,2009 e-mail to this agency concerning a miscellaneous final rule we issued under Docket No. PHMSA-2005-2 1812 (HM-218D) (01128108; 73 FR 4699) that revised requirements for packaging explosive materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1- 180). You note that on page 47 17, in the 173.62(c) Table of Packing Methods, column 3 of the final rule we amended the HMR to add UN 4H1 expanded plastic boxes as authorized packagings under Packing Method 134. You also note in your e-mail that while this amendment is reflected in the current HMR, the Government Printing Office (GPO) appears to have removed UN 4G fiberboard boxes as authorized packagings from the same list without instruction to do so. You ask if the removal of UN 4G fiberboard boxes from the list of authorized packagings was inadvertent and, if so, are they authorized for continued use under Packing Method 134. The answer to both of your questions is yes. Continued use of a UN 4G fiberboard box under Packing Method 134 remains authorized. We corrected this inadvertent error in a recent rulemaking; see enclosure. Thank you for bringing this matter to our attention. I hope this clarification is helpful. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure#

Page 2Page 1 of 2 Drakeford, Carolyn (PHMSA) From: Gorsky, Susan (PHMSA) Sent: Thursday, August 27, 2009 7:04 AM To : Drakeford, Carolyn (PHMSA) Subject: FW: Error? in Packing Instruction 134 Attachments: PI 134 (2007).pdf; PI 134 (2008).pdf; 73 FR 4717.pdf % ~ k ~ c j ; * ~ &V ~ From: Cynthia Hilton [mailto:chilton@ime.org] Sent: Wednesday, August 26, 2009 5:16 PM To: Gorsky, Susan (PHMSA) Subject: Error? in Packing Instruction 134 Susal~ Dave identifies a well-supported clerical error. Can he get a letter uf interpretation that he is correct? And. woiild you please include this correction in your miscellaneous rulernaking which you have got to be finalizing for SEPT publication? THAKKS Cynthia Cynthia Hilton Executive Vice President Institute of Makers of Explosives 202-266-431 9 Confidentiality Statement: This message is intended for the designated recipient(s) only. This message may be confidential and legally privileged, along with any document, files, or previous e-mail messages that are attached. If you are not a designated recipient of this message, you are hereby notified that any disclosure, copying or use of the information in this message is prohibited. If you believe this message has been sent to you by error, please destroy it, and please notify the sender by a reply e-mail or by calling 1-202-266-43 19. Thank you. From: Boston, David [mailto:David.Boston@corelab.com] Sent: Wednesday, August 26, 2009 5:03 PIY To: Lon Santis Cc: Cynthia Hilton; Susan Flanagan Subject: FW: Error? in Packing Instruction 134 FYI, Dave - - p l From: Boston, David Sent: Wednesday, August 26, 2009 4:02 PM To: Robert A. Richard (bob.richard@dot.gov) Cc: Duane Pfund (Duane.Pfund@dot.gov) Subject: Error? in Packing Instruction 134 Bob, I was reviewing Packing lnstruction 134 of 49 CFR 173.62 today and found what I believe is an accidental deletion of an authorized packing method. PI 134 applies, among others, to UN0323 (Cartridges, power device I 1.4S), which Owen Oil Tools manufactures, packages, and distributes. All OOT UN0323 items are packaged in UN 4G fiberboard boxes. What I discovered is this:#

Page 3Page 2 of 2 PI 134 in 2007 and earlier has 4G as authorized outer packaging. PI 134 in 2008 does not have 4G as authorized outer packaging. 15 Rev UN Model Regulations PI34 has 4G as authorized packaging. No amendments to PI34 were approved during the last biennium to remove 4G from PI34 for 16th Rev. PHMSA revised PI 134 on January 28, 2008 to add 4H1 (which would appear in the list immediately after 4G). In 73 FR 4717, the amendment is correct and shows both 4G and newly added 4H1. It appears to me that the GPO, when they printed the 2008 Hazmat Regulations, replaced 4G with 4H1 in PI 134 rather than simply adding 4H1 to the list. So: 1. Am I correct? Was this an error and not an intentional removal of 4G from the list of authorized PI 134 packagings? 2. 1 believe we can still use 4G even though it doesn't appear in PI 134 because there has been no notice to delete it and because it's deletion was accidental. Am I correct that we can still use 4G for PI 134 packaging? 3. If I'm correct and it is an error, what do we do to get PI 134 corrected? Do you need a petition for amendment, or will this e-mail suffice? Thanks for your help. David W. Boston President Owen Compliance Services, Inc. P.O. Box 765 12001 County Road 1000 Godley, TX 76044-0765 Tel: +1 (817) 551-0660 Fax: +1 (817) 396-4584 This e-mail (includiqg any attachments) is confidential and may be legally privileged. If you are not an intended recipient or an authorized representative of an intended recipient, you are prohibited from using, copying or distributing the information in this e-mail or its attachments. If you have received this e-mail in error, please notify the sender immediately by return e-mail and delete all copies of this message and any attachments.#

Page 453182 Federal Register / Vol. 74, No. 199 /Friday, October 16, 2009 /Rules and Regulations the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823,445 12th Street, SW, Washington, DC 20554. Please include OMB Control Number, 3060-0029 (Form 349) in your correspondence. The Commission will also accept your comments via the Internet if you send them to PRA@fcc.gov. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). SYNOPSIS As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received OMB approval on October 8, 2009, for the information collection requirements (revisions to FCC Form 349). Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB Control Number. The OMB Control Number is 3060- 0029 and the total annual reporting burdens for respondents for this information collection are as follows: OMB Control Number: 3060-0029. OMB Approval Date: October 8, 2009. Expiration Date: October 31, 2012. Title: Application for DTV Broadcast Station License, FCC Form 302-DTV; Application for Construction Permit for Reserved Channel Noncommercial Educational Broadcast Station, FCC Form 340; Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station, FCC Form 349. Form Number: FCC Forms: 302-DTV, 340 and 349. Type of Review: Revision of a currently approved collection. Respondents: Business or other for- profit entities; Not-for-profit institutions; State, local or tribal government. Number of Respondents and Responses: 5,170 respondents and 5,170 responses. Estimated Time per Response: 1-4 hours. Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Total Annual Burden: 11,080 hours, completed within 30 days of the Total Annual Costs: $19,096,297, tendering of the application. This notice Obligation to Respond: Required to must be published at least twice a week obtain or retain benefits. The statutory for two consecutive weeks in a three- authority for this information collection week period. A copy of this notice must is contained in Sections 154(i), 303 and be placed in the public inspection file 308 of the Communications Act of 1934, along with the application. as amended. FCC Form 302-DTV is used by Nature and Extent of Confidentiality: licensees and permittees of ~ i ~ i ~ ~ l TV There is no need for confidentiality with ( ~ D T v , ~ ) broadcast stations to obtain a this information collection. new or modified station license andlor Privacy Act Impact Assessment: No to notify the Commission of certain impact(s). changes in the licensed facilities of Needs and Uses: On June 29' 2009' those stations. It may be used: (1) To the adopted a Report and cover an authorized construction permit Order, Amendment of Service and Eligibility Rules for FM Broadcast (or auxiliary antenna), provided that the facilities have been constructed in Translator Stations, MB Docket No. 07- compliance with the provisions and 172, FCC 09-59. In the Report and Order, the Commission adopted changes conditions specified on the construction to the FM translator rules that would permit; Or (2) To imp1ement allow AM stations to use authorized FM modifications to existing licenses as translator stations to rebroadcast the AM permitted by 47 CFR 73.1675(c1 Or signal locally, retransmitting their AM 73.1690(c). programming as a ,jfill-in,v service, The FCC Form 340 is used by licensees adopted cross service translating rules and permittees for to limit FM translators to providing "fill- a new in" only, specifically within the educational ("NCE") FM, TV, and DTV AM primary authorized service broadcast station, or to make changes in area. In addition, the Commission the existing facilities of such a station. limited the cross-service rule changes to The FCC Form 340 is used if the -currently authorized FM translators,n station will operate on a channel that is that is, those translators with licenses or exclusively for permit in effect as of May 1, 2009. educational use, or in the situation Therefore, the rule changes affecting where applications for NCE stations on this information collection will add a nOn-reserved channels are new universe of filers - AM stations - exclusive only with one another. to this information collection. AM Revisions to this information stations will use Form 349 to apply for collection are due to revisions being authorizations to operate such FM made only to FCC Form 349. translator stations. Federal Communications Commission Consistent with actions taken by the ~ i ~ l i a r n F. Caton, Commission in the Report and Order, DeputySecretnry. the changes are made to Form [FR Doc. E9-24857 Filed 10-15-09; 8:45 am] 349: Sections I1 and 111 of Form 349 BILLING CODE 671241-S include new certifications concerning com~liance with the AM station "fill- in" s'ervice requirements. Specifically, in the AM service, a ~ ~ l i c a n t s certifv that the coverage cohiour of the F~ translator station is contained within the lesser of: (a) the 2 mV1m daytime contour of the AM primary station being rebroadcast, or (b) a 25-mile radius DEPARTMENT OF TRANSPORTATlON and Hazardous Materials Safety Administration 49 CFR Parts 4 -A I O W 171, 172, 173, 174, centered at the AM station's transmitter site. The instructions for Sections I1 and [Docket No. PHMSA-20094237 (HM-244B)l 111 have been revised to assist applicants with com~letinr! the new auestions. RIN 21 37-AE50 FCC F ~ ' ~ 34V9 is used td for Hazardous Materials: Minor Editorial authority to construct a new FM translator or FM booster broadcast Corrections and Clarifications station, or to make changes in the AGENCY: Pipeline and Hazardous existing facilities of such stations. This Materials Safety Administration form also includes the third party (PHMSA), DOT. disclosure requirement of 47 CFR ACTION: Final rule. 73.3580 requires local public notice in a newspaper of general circulation of all application filings for new or major change in facilities. This notice must be SUMMARY: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for#

Page 5Federal Register I Vol. 74, No. 199 I Friday, October 16, 2009 I Rules and Regulations 53183 clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non- substantive changes and do not impose new requirements. DATES: Effective date: October 16, 2009. FOR FURTHER INFORMATION CONTACT: Steven Andrews, Office of Hazardous Materials Standards, 202-366-8553, PHMSA, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: I. Background The Pipeline and Hazardous Materials Safety Administration (PHMSA) ("we") annually reviews the Hazardous Materials Regulations [HMR; 49 CFR Parts 171-180) to identify typographical and other errors, outdated addresses or other contact information, and similar errors. In this final rule, we are correcting typographical errors, incorrect CFR references and citations. - - an incomplete office address, inconsistent use of terminology, misstatements of certain regulatory requirements and inadvertent omissions of information. Because these amendments do not impose new requirements, notice and public comment procedures are unnecessary. By making these amendments effective without the customary 30-day delay following publication, the changes will appear in the next revision of the 49 CFR. 11. Section by Section Review The following is a summary by section of the more substantive changes made in this final rule. The summary does not include minor editorial corrections such as punctuation errors or similar minor revisions. Part 107 Appendix A to Subpart D of Part 107: In Appendix A to Subpart D of Part 107, in part I1 "List of Frequently Cited Violations," under the heading "Manufacturing, Reconditioning, Retesting Requirements," under "F. Cylinder Requalification" entry 7, in the second column, we are correcting the reference to "§ 178.205(c)" to "5 180.205(c)." Section 107.705 This section prescribes requirements for persons who file registrations, reports, and applications for approval. We are updating the office mailing address in paragraph (a)(l) for submitting these documents. Part 171 Section 171.8 l-his section contains definitions for certain terms used in the HMR. we are revising the definition for "commerce" in 5 171.8 to align it with the definition contained in the Federal hazardous materials transportation law (Federal hazmat law; 49 u.s,C, 5101 et seq.), as amended by the Hazardous Materials Safety and Security Reauthorization Act of 2005 (the ~ c t ; Title VII of Public Law 109-59,119 Stat. 1144 (August 10, 2005)). The revised definition adds discussion to 5 171.8, the definition of "commerce" is revised in this final rule to recognize that the term includes the transportation of hazardous materials aboard any United States-registered aircraft. Consistent with the revision made to the definition of "commerce," We are revising paragraph in 5 171.22 to clarify that the authorization provided in this section for use of international standards applies to transportation on US.-registered aircraft anywhere in the world, not just to transportation in COn~merce of hazardous materials "to, from. or within the United States." Port 172 transportation on a United States- registered aircraft to clarify that such Section 172.101 transportation is considered This section contains the Hazardous transportation in commerce for Materials Table (HMT) and explanatory Purposes of Federal hazmat law and the text for each of the columns in the table. HMR. In this final rule, we are revising In this final rule, we are removing the the definition of "commerce" in the entries "Nitrous oxide and carbon HMR to read: "Commerce means trade dioxide mixtures, see Carbon dioxide or transportation in the jurisdiction of and nitrous oxide mixtures," ''Oxygen the United States within a single state; and carbon dioxide mixtures, see between a place in a state and a place Carbon dioxide and oxygen mixtures," outside of the state; that affects trade or and "Oxygen, mixtures with rare gases, transportation between a place in a state see R, gases and oxygen mixturesw and place outside of the State; or on a because the HMT entries to which the United States-registered aircraft." In reader is directed are no longer in the addition, we are revising the definition HMT. l-hese entries, "Carbon dioxide of "material poisonous by inhalation" to and nitrous oxide mixtures, ~ ~ 1 0 1 5 , ~ clarify that the term is synonymous with "carbon dioxide and oxygen mixtures, "material toxic by inhalation." compressed, UN1014," and Rare gases Section 171.12 and bxygen mixtures, compressed, UN1980, were removed in a final rule This section prescribes requirements pubIished under Docket HM-2151 (71 for hazardous materials shipments trans~orted to or from Canada or FR 78596; December 29,2006). Mexico. Paragraph (a)(l) provides that Section 172.320 these shipments must meet the This section prescribes marking applicable requirements in $5 171.22 requirements for packages of Class 1 and 171.23; these sections are contained [explosive) materials. We are removing in Subpart C of Part 171. Therefore, we paragraph (e)(4) because it contains an are also revising the introductory obsolete provision and the paragraph language in the last sentence in designation is reserved. paragraph (a)(l) to include compliance with the applicable requirements in Part 173 "subpart C of this part." Section 173.62 Section 171.15 This section prescribes the specific This section prescribes requirements packaging requirements for explosives. for the immediate telephonic We are correcting the formatting of notification of certain hazardous Packing Instruction 134 in the Table of materials incidents. In this final rule, we Packing Methods to move the fibreboard are revising paragraph (a) to permit (4G) package from the column headed notifications to the National Response "Inner packagings" to the column Center to be submitted electronically headed "Outer packagings." This through an Internet site. reformatting error occurred in the Section 171.22 printing of a previous rulemaking. Section 173.124 This section contains authorizations and conditions for the use of This section prescribes the definitions international standards and regulations for Class 4, Divisions 4.1, 4.2 and 4.3 for the transportation of hazardous materials. Due to a printing error, the materials to, from, or within the United test procedure for assigning a self- States. As stated earlier in the preamble reactive material to a generic type was#

Page 653184 Federal Register 1 Vol. 7 4, No. 199/Friday, October 16, 20091Rules and Regulations - - - inadvertently printed in multiple Section 180.407 11034). This final rule does not impose locations and the definition of a type C This section prescribes periodic new or revised requirements for self-reactive material was inadvertently requalification requirements for hazardous materials shippers or carriers; omitted from this section. Therefore, to specification cargo tanks. Paragraphs (c) therefore, it is not necessary to prepare correct this printing error, we are and (h) require each cargo tank to be a revising paragraphs (a)(2)(iil(C) and tested for leaks, to include the product (a)(2)(iiil(C) to delete the duplicate test piping with all valves and accessories in procedure and reinstate the definition of place and operative. Paragraph (h)(2) a type C self-reactive material. permits cargo tanks equipped with Section 173.133 vapor collection equipment and used to transport petroleum distillate fuels to be This section prescribes the assignment of packing group and hazard zones for Division 6.1 materials. We are revising the table in § 173.133(a)(l] to correct the reference to 172.203(m)(2) to read 5 172.203(m). Section 173.168 This section specifies requirements for transportation of chemical oxygen generators. Paragraph (d)(2)(i) contains the test procedure and acceptance criteria for the Flame Penetration Resistance Test. In a September 28, 2007 final rule (72 FR 55091), we moved the entire test procedure to new Appendix E to Part 178 but failed to remove the corresponding language in paragraph (d)(2)(i). In this final rule, we are revising paragraph (dl to remove the duplicative language. Section 173.304 This section prescribes filling requirements for cylinders of liquefied compressed gases. We are revising paragraph (f)(3)(ii) to correct "part 78" to read "part 178." Part 174 Section 174.59 This section prescribes marking and placarding requirements for rail cars offered for transportation. In the last sentence, we are correcting a reference to § 171.12a to read S 171.12. Part 176 leakage tested in accordance with the Environmental Protection Agency's (EPA's) Method 27 in place of the HMR requirement and specifies that the test must be conducted in accordance with the test methods and procedures prescribed in 40 CFR 63.425(e)(l). However, the paragraph inadvertently fails to reference the required cargo tank internal valve test procedures in paragraph (e)(2). Therefore, in this final rule, we are revising paragraph (h)(2) in 180.407 of the HMR to reference 40 CFR 63.425[e)(2). Section 180.605 This section prescribes requalification requirements for specification and UN portable tanks. Paragraph (h)(l) prescribes the pressure test procedures for specification 51, 56, and 57 portable tanks; however, the paragraph heading does not reference specification 56 portable tanks. In this final rule, are revising paragraph (h) heading to include the specification 56 portable tanks. 111. Regulatory Analyses and Notices A. Statutory Authority This final rule is published under authority of 49 U.S.C. 5103(b), which authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The purpose of this final Section 176.415 rule is to remove unnecessary cross references to the hazardous materials This section prescribes requirements for the transportation by vessel of table, correct mailing addresses, Division 1.5, ammonium nitrates, and grammatical and typographical errors, certain ammonium nitrate fertilizers. and, in response to requests for We are correcting paragraph (c)(4) to clarification, improve the clarity of remove the word "and" at the end of the certain provisions in the Hazardous sentence. Materials Regulations. B. Executive Order 12866 and DOT Part 180 Regulatory Policies and Procedures Section 180.209 This final rule is not considered a This section, which prescribes significant regulatory action under requalification requirements for DOT section 3(f) of Executive Order 12866 specification cylinders, contains a and, therefore, was not reviewed by the paragraph (a)(l) but no (a)(2). We are Office of Management and Budget. This correcting this formatting inconsistency rule is not significant under the by removing the paragraph designation Regulatory Policies and Procedures of "(I)" preceding the first full sentence. the Department of Transportation (44 FR 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 i m ~ a c t s to warrant the preparation o i a federalism assessment. D. Executive Order 131 75 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 ("Consultation and Coordination with Indian Tribal Governments"). Because this final rule does not have tribal implications, does not impose substantial direct compliance costs on Indian tribal governments, and does not preempt tribal law, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies I certify that this final rule will not have a significant economic impact on a substantial number of small entities. This rule makes minor editorial changes which will not impose any new requirements on persons subject to the HMR; thus, there are no direct or indirect adverse economic impacts for small units of government, businesses, or other organizations. F. Unfunded Mandates Reform Act of 1995 This rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $141.3 million or more to either state, local, or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objectives of the rule.#

Page 753188 Federal Register / Vol. 74, No. 199/Friday, October 16, 2009/ Rules and Regulations * * * * (3) Those which meet the • 11. In § 172.320, revise paragraph (e) requirements of § 173.56(h) of this CFR 1.45, 1.53. Authority: 49 U.S.C. 5101-5128, 44701; 49 to read as follows: to the approval process of § 173.56 of subchapter and therefore are not subject $172.320 Explosive hazardous materials. this subchapter; • 13. In § 173.62, in paragraph (c), (4) (Reserved); revise Packing instruction 134 in the do not apply to the following Class 1 (e) The requirements of this section accordance with § 173.56(c)(2) of this (5) Those that are transported in Followof Packing Methods to read as materials: subchapter and, therefore, are covered agency in accordance with § 173.56(d) (1) Those being shipped to a testing by a national security classification § 173.62 Specific packaging requirements currently in effect. tor explosives. * of this subchapter; PART 173-SHIPPERS-GENERAL (c)** * accordance with § 173.56(e) of this (2) Those being shipped in REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS developmental testing: subchapter, for the purposes of | 12. The authority citation for part 17 ontinues to read as follows TABLE OF PACKING METHODS Packing instruction Inner packagings termediati ackaging Outer packagings 134 вора наноті Not necessary Boxes. steel (4A). metal fibreboard aluminium (4B). wood, natural, ordinary (4C1). plastics wood, natural, sift proof walls (4C2). Sheets wood reconstituted wood (4F). plywood (4D). Tubes fibreboard, corrugated fibreboard (4G) fibreboard Drums. fibreboard (1G). steel, removable head (1A2). plastics, removable head (1H2). plywood (1D). aluminium, removable head (1B2). • • * * * * * • 15. In § 173.133, in paragraph (a)(2)(i), (a)(2)(ii)(C) and (a)(2)(iii)(C) to read as • 14. In § 173.124, revise paragraphs as follows: revise Note 2 following the table to read following additional requirements wher transported by cargo-only aircraft Test specified in Appendix E to part 178 (i) The Flame Penetration Resistance follows: § 173.133 Assignment of packing group § 173.124 Class 4, Divisions 4.1, 4.2 and and hazard zones for Division 6.1 materials. of this subchapter. 4.3-Definitions. (a) * * * (ii) The Thermal Resistance Test (a) * (2)*** specified in Appendix D to part 178 of (ii) * * (2) * (i) * * * this subchapter. * criteria for Packing Group I, Hazard Zones A Note 2: A liquid in Division 6.1 meeting C is a self-reactive material which, as (C) Type C. Self-reactive material type or B stated in paragraph (a)(2) of this section • 17. In § 173.304, revise paragraph to the additional hazard communication is a material poisonous by inhalation subject (f)(3)(ii) to read as follows: packaged for transportation, neither cannot undergo a thermal explosion. detonates nor deflagrates rapidly and requirements in $$ 172.203(m), 172.313 and § 173.304 Filling of cylinders with liquefied compressed gases. table 1 of $ 172.504(e) of this subchapter. * (f)** * (d)(2) to read as follows: • 16. In § 173.168, revise paragraph (3) * * * material under the test procedures (C) Performance of the self-reactive (ii) After September 30, 2009, is specified in the UN Manual of Tests and § 173.168 Chemical oxygen generators. capable of passing, as demonstrated by subchapter) and the provisions of Criteria (IBR, see § 171.7 of this Resistance Test specified in part III of design testing, the Flame Penetration paragraph (a)(2)i) of this section; and contents, is capable of meeting the (2) After September 30, 2009, with its Apphapter: to part 178 of this#