{"operation":"document","citation":"09-0200","title":"Owen Compliance Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-10-19","effective_on":null,"summary":"09-0200 response to Owen Compliance Services, Inc. concerning 173.62.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0200.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0200.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0200","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090200.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration 1200 New Jersey Ave., SE\nWashington, DC 20590\n'OCT i 9 2009\nMr. David W. Boston\nPresident\nOwen Compliance Services, Inc.\nPO Box 765\n12001 County Road 1000\nGodley, TX 76044-0765\nRef. No. 09-0200\nDear Mr. Boston:\nThis is in response to your August 26,2009 e-mail to this agency concerning a miscellaneous\nfinal rule we issued under Docket No. PHMSA-2005-2 1812 (HM-218D) (01128108; 73 FR\n4699) that revised requirements for packaging explosive materials under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1- 180). You note that on page 47 17, in the\n173.62(c) Table of Packing Methods, column 3 of the final rule we amended the HMR to\nadd UN 4H1 expanded plastic boxes as authorized packagings under Packing Method 134.\nYou also note in your e-mail that while this amendment is reflected in the current HMR, the\nGovernment Printing Office (GPO) appears to have removed UN 4G fiberboard boxes as\nauthorized packagings from the same list without instruction to do so. You ask if the removal\nof UN 4G fiberboard boxes from the list of authorized packagings was inadvertent and, if so,\nare they authorized for continued use under Packing Method 134.\nThe answer to both of your questions is yes. Continued use of a UN 4G fiberboard box under\nPacking Method 134 remains authorized. We corrected this inadvertent error in a recent\nrulemaking; see enclosure.\nThank you for bringing this matter to our attention. I hope this clarification is helpful.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nEnclosure\n\n<<<PAGE 2>>>\n\nPage 1 of 2\nDrakeford, Carolyn (PHMSA)\nFrom: Gorsky, Susan (PHMSA)\nSent: Thursday, August 27, 2009 7:04 AM\nTo : Drakeford, Carolyn (PHMSA)\nSubject: FW: Error? in Packing Instruction 134\nAttachments: PI 134 (2007).pdf; PI 134 (2008).pdf; 73 FR 4717.pdf % ~ k ~ c j ; * ~ &V ~ From: Cynthia Hilton [mailto:chilton@ime.org]\nSent: Wednesday, August 26, 2009 5:16 PM\nTo: Gorsky, Susan (PHMSA)\nSubject: Error? in Packing Instruction 134\nSusal~\nDave identifies a well-supported clerical error. Can he get a letter uf interpretation that he is correct? And. woiild\nyou please include this correction in your miscellaneous rulernaking which you have got to be finalizing for SEPT\npublication?\nTHAKKS\nCynthia\nCynthia Hilton\nExecutive Vice President\nInstitute of Makers of Explosives\n202-266-431 9\nConfidentiality Statement: This message is intended for the designated recipient(s) only. This message may be confidential\nand legally privileged, along with any document, files, or previous e-mail messages that are attached. If you are not a\ndesignated recipient of this message, you are hereby notified that any disclosure, copying or use of the information in this\nmessage is prohibited. If you believe this message has been sent to you by error, please destroy it, and please notify the\nsender by a reply e-mail or by calling 1-202-266-43 19. Thank you.\nFrom: Boston, David [mailto:David.Boston@corelab.com]\nSent: Wednesday, August 26, 2009 5:03 PIY\nTo: Lon Santis\nCc: Cynthia Hilton; Susan Flanagan\nSubject: FW: Error? in Packing Instruction 134\nFYI,\nDave\n- -\np l\nFrom: Boston, David\nSent: Wednesday, August 26, 2009 4:02 PM\nTo: Robert A. Richard (bob.richard@dot.gov)\nCc: Duane Pfund (Duane.Pfund@dot.gov)\nSubject: Error? in Packing Instruction 134\nBob,\nI was reviewing Packing lnstruction 134 of 49 CFR 173.62 today and found what I believe is an accidental\ndeletion of an authorized packing method. PI 134 applies, among others, to UN0323 (Cartridges, power device I\n1.4S), which Owen Oil Tools manufactures, packages, and distributes. All OOT UN0323 items are packaged in\nUN 4G fiberboard boxes.\nWhat I discovered is this:\n\n<<<PAGE 3>>>\n\nPage 2 of 2\nPI 134 in 2007 and earlier has 4G as authorized outer packaging.\nPI 134 in 2008 does not have 4G as authorized outer packaging.\n15 Rev UN Model Regulations PI34 has 4G as authorized packaging.\nNo amendments to PI34 were approved during the last biennium to remove 4G from PI34 for 16th Rev.\nPHMSA revised PI 134 on January 28, 2008 to add 4H1 (which would appear in the list immediately after\n4G). In 73 FR 4717, the amendment is correct and shows both 4G and newly added 4H1.\nIt appears to me that the GPO, when they printed the 2008 Hazmat Regulations, replaced 4G with 4H1 in PI 134\nrather than simply adding 4H1 to the list. So:\n1. Am I correct? Was this an error and not an intentional removal of 4G from the list of authorized PI 134\npackagings?\n2. 1 believe we can still use 4G even though it doesn't appear in PI 134 because there has been no notice to\ndelete it and because it's deletion was accidental. Am I correct that we can still use 4G for PI 134\npackaging?\n3. If I'm correct and it is an error, what do we do to get PI 134 corrected? Do you need a petition for\namendment, or will this e-mail suffice?\nThanks for your help.\nDavid W. Boston\nPresident\nOwen Compliance Services, Inc.\nP.O. Box 765\n12001 County Road 1000\nGodley, TX 76044-0765\nTel: +1 (817) 551-0660\nFax: +1 (817) 396-4584\nThis e-mail (includiqg any attachments) is confidential and may be legally privileged. If you are not an intended\nrecipient or an authorized representative of an intended recipient, you are prohibited from using, copying or\ndistributing the information in this e-mail or its attachments. If you have received this e-mail in error, please notify\nthe sender immediately by return e-mail and delete all copies of this message and any attachments.\n\n<<<PAGE 4>>>\n\n53182 Federal Register / Vol. 74, No. 199 /Friday, October 16, 2009 /Rules and Regulations\nthe Commission can improve the\ncollections and reduce any burdens\ncaused thereby, please contact Cathy\nWilliams, Federal Communications\nCommission, Room 1-C823,445 12th\nStreet, SW, Washington, DC 20554.\nPlease include OMB Control Number,\n3060-0029 (Form 349) in your\ncorrespondence. The Commission will\nalso accept your comments via the\nInternet if you send them to\nPRA@fcc.gov.\nTo request materials in accessible\nformats for people with disabilities\n(Braille, large print, electronic files,\naudio format), send an e-mail to\nfcc504@fcc.gov or call the Consumer &\nGovernmental Affairs Bureau at (202)\n418-0530 (voice), (202) 418-0432\n(TTY).\nSYNOPSIS\nAs required by the Paperwork\nReduction Act of 1995 (44 U.S.C. 3507),\nthe Commission is notifying the public\nthat it received OMB approval on\nOctober 8, 2009, for the information\ncollection requirements (revisions to\nFCC Form 349).\nUnder 5 CFR 1320, an agency may not\nconduct or sponsor a collection of\ninformation unless it displays a current,\nvalid OMB Control Number.\nNo person shall be subject to any\npenalty for failing to comply with a\ncollection of information subject to the\nPaperwork Reduction Act that does not\ndisplay a valid OMB Control Number.\nThe OMB Control Number is 3060-\n0029 and the total annual reporting\nburdens for respondents for this\ninformation collection are as follows:\nOMB Control Number: 3060-0029.\nOMB Approval Date: October 8, 2009.\nExpiration Date: October 31, 2012.\nTitle: Application for DTV Broadcast\nStation License, FCC Form 302-DTV;\nApplication for Construction Permit for\nReserved Channel Noncommercial\nEducational Broadcast Station, FCC\nForm 340; Application for Authority to\nConstruct or Make Changes in an FM\nTranslator or FM Booster Station, FCC\nForm 349.\nForm Number: FCC Forms: 302-DTV,\n340 and 349.\nType of Review: Revision of a\ncurrently approved collection.\nRespondents: Business or other for-\nprofit entities; Not-for-profit\ninstitutions; State, local or tribal\ngovernment.\nNumber of Respondents and\nResponses: 5,170 respondents and 5,170\nresponses.\nEstimated Time per Response: 1-4\nhours.\nFrequency of Response: On occasion\nreporting requirement; Third party\ndisclosure requirement.\nTotal Annual Burden: 11,080 hours, completed within 30 days of the\nTotal Annual Costs: $19,096,297, tendering of the application. This notice\nObligation to Respond: Required to must be published at least twice a week\nobtain or retain benefits. The statutory for two consecutive weeks in a three-\nauthority for this information collection week period. A copy of this notice must\nis contained in Sections 154(i), 303 and be placed in the public inspection file\n308 of the Communications Act of 1934, along with the application.\nas amended. FCC Form 302-DTV is used by\nNature and Extent of Confidentiality: licensees and permittees of ~ i ~ i ~ ~ l TV\nThere is no need for confidentiality with ( ~ D T v , ~ ) broadcast stations to obtain a\nthis information collection. new or modified station license andlor\nPrivacy Act Impact Assessment: No to notify the Commission of certain\nimpact(s). changes in the licensed facilities of\nNeeds and Uses: On June 29' 2009' those stations. It may be used: (1) To\nthe adopted a Report and cover an authorized construction permit\nOrder, Amendment of Service and\nEligibility Rules for FM Broadcast (or auxiliary antenna), provided that the\nfacilities have been constructed in\nTranslator Stations, MB Docket No. 07- compliance with the provisions and\n172, FCC 09-59. In the Report and\nOrder, the Commission adopted changes conditions specified on the construction\nto the FM translator rules that would permit; Or (2) To imp1ement\nallow AM stations to use authorized FM modifications to existing licenses as\ntranslator stations to rebroadcast the AM permitted by 47 CFR 73.1675(c1 Or\nsignal locally, retransmitting their AM 73.1690(c).\nprogramming as a ,jfill-in,v service, The FCC Form 340 is used by licensees\nadopted cross service translating rules and permittees for to\nlimit FM translators to providing \"fill- a new\nin\" only, specifically within the educational (\"NCE\") FM, TV, and DTV\nAM primary authorized service broadcast station, or to make changes in\narea. In addition, the Commission the existing facilities of such a station.\nlimited the cross-service rule changes to The FCC Form 340 is used if the\n-currently authorized FM translators,n station will operate on a channel that is\nthat is, those translators with licenses or exclusively for\npermit in effect as of May 1, 2009. educational use, or in the situation\nTherefore, the rule changes affecting where applications for NCE stations on\nthis information collection will add a nOn-reserved channels are\nnew universe of filers - AM stations -\nexclusive only with one another.\nto this information collection. AM Revisions to this information\nstations will use Form 349 to apply for collection are due to revisions being\nauthorizations to operate such FM made only to FCC Form 349.\ntranslator stations. Federal Communications Commission\nConsistent with actions taken by the ~ i ~ l i a r n F. Caton,\nCommission in the Report and Order, DeputySecretnry.\nthe changes are made to Form [FR Doc. E9-24857 Filed 10-15-09; 8:45 am]\n349: Sections I1 and 111 of Form 349 BILLING CODE 671241-S\ninclude new certifications concerning\ncom~liance with the AM station \"fill-\nin\" s'ervice requirements. Specifically,\nin 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\ncontour of the AM primary station being rebroadcast, or (b) a 25-mile radius DEPARTMENT OF TRANSPORTATlON\nand Hazardous Materials\nSafety Administration\n49 CFR Parts 4 -A I O W\n171, 172, 173, 174,\ncentered at the AM station's transmitter\nsite. The instructions for Sections I1 and [Docket No. PHMSA-20094237 (HM-244B)l\n111 have been revised to assist applicants\nwith com~letinr! the new auestions. RIN 21 37-AE50\nFCC F ~ ' ~ 34V9 is used td for Hazardous Materials: Minor Editorial\nauthority to construct a new FM\ntranslator or FM booster broadcast Corrections and Clarifications\nstation, or to make changes in the\nAGENCY: Pipeline and Hazardous\nexisting facilities of such stations. This\nMaterials Safety Administration\nform also includes the third party\n(PHMSA), DOT.\ndisclosure requirement of 47 CFR\nACTION: Final rule.\n73.3580 requires local public notice in\na newspaper of general circulation of all\napplication filings for new or major\nchange in facilities. This notice must be\nSUMMARY: This final rule corrects\neditorial errors, makes minor regulatory\nchanges and, in response to requests for\n\n<<<PAGE 5>>>\n\nFederal Register I Vol. 74, No. 199 I Friday, October 16, 2009 I Rules and Regulations 53183\nclarification, improves the clarity of\ncertain provisions in the Hazardous\nMaterials Regulations. The intended\neffect of this rule is to enhance the\naccuracy and reduce misunderstandings\nof the regulations. The amendments\ncontained in this rule are non-\nsubstantive changes and do not impose\nnew requirements.\nDATES: Effective date: October 16, 2009.\nFOR FURTHER INFORMATION CONTACT:\nSteven Andrews, Office of Hazardous\nMaterials Standards, 202-366-8553,\nPHMSA, East Building, PHH-10, 1200\nNew Jersey Avenue, SE., Washington,\nDC 20590.\nSUPPLEMENTARY INFORMATION:\nI. Background\nThe Pipeline and Hazardous Materials\nSafety Administration (PHMSA) (\"we\")\nannually reviews the Hazardous\nMaterials Regulations [HMR; 49 CFR\nParts 171-180) to identify typographical\nand other errors, outdated addresses or\nother contact information, and similar\nerrors. In this final rule, we are\ncorrecting typographical errors,\nincorrect CFR references and citations.\n- -\nan incomplete office address,\ninconsistent use of terminology,\nmisstatements of certain regulatory\nrequirements and inadvertent omissions\nof information. Because these\namendments do not impose new\nrequirements, notice and public\ncomment procedures are unnecessary.\nBy making these amendments effective\nwithout the customary 30-day delay\nfollowing publication, the changes will\nappear in the next revision of the 49\nCFR.\n11. Section by Section Review\nThe following is a summary by\nsection of the more substantive changes\nmade in this final rule. The summary\ndoes not include minor editorial\ncorrections such as punctuation errors\nor similar minor revisions.\nPart 107\nAppendix A to Subpart D of Part 107:\nIn Appendix A to Subpart D of Part 107,\nin part I1 \"List of Frequently Cited\nViolations,\" under the heading\n\"Manufacturing, Reconditioning,\nRetesting Requirements,\" under \"F.\nCylinder Requalification\" entry 7, in the\nsecond column, we are correcting the\nreference to \"§ 178.205(c)\" to\n\"5 180.205(c).\"\nSection 107.705\nThis section prescribes requirements\nfor persons who file registrations,\nreports, and applications for approval.\nWe are updating the office mailing\naddress 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\n\"commerce\" is revised in this final rule\nto recognize that the term includes the\ntransportation of hazardous materials\naboard any United States-registered\naircraft. Consistent with the revision\nmade to the definition of \"commerce,\"\nWe are revising paragraph in 5 171.22\nto clarify that the authorization\nprovided in this section for use of\ninternational standards applies to\ntransportation on US.-registered aircraft\nanywhere in the world, not just to\ntransportation in COn~merce of\nhazardous materials \"to, from. or within\nthe United States.\"\nPort 172\ntransportation on a United States-\nregistered aircraft to clarify that such Section 172.101\ntransportation is considered This section contains the Hazardous\ntransportation in commerce for Materials Table (HMT) and explanatory\nPurposes of Federal hazmat law and the text for each of the columns in the table.\nHMR. In this final rule, we are revising In this final rule, we are removing the\nthe definition of \"commerce\" in the entries \"Nitrous oxide and carbon\nHMR to read: \"Commerce means trade dioxide mixtures, see Carbon dioxide\nor transportation in the jurisdiction of and nitrous oxide mixtures,\" ''Oxygen\nthe United States within a single state; and carbon dioxide mixtures, see\nbetween a place in a state and a place Carbon dioxide and oxygen mixtures,\"\noutside of the state; that affects trade or and \"Oxygen, mixtures with rare gases,\ntransportation between a place in a state see R, gases and oxygen mixturesw\nand place outside of the State; or on a because the HMT entries to which the\nUnited States-registered aircraft.\" In reader is directed are no longer in the\naddition, we are revising the definition HMT. l-hese entries, \"Carbon dioxide\nof \"material poisonous by inhalation\" to and nitrous oxide mixtures, ~ ~ 1 0 1 5 , ~\nclarify that the term is synonymous with \"carbon dioxide and oxygen mixtures,\n\"material toxic by inhalation.\" compressed, UN1014,\" and Rare gases\nSection 171.12 and bxygen mixtures, compressed,\nUN1980, were removed in a final rule\nThis section prescribes requirements pubIished under Docket HM-2151 (71\nfor hazardous materials shipments\ntrans~orted to or from Canada or\nFR 78596; December 29,2006).\nMexico. Paragraph (a)(l) provides that\nSection 172.320\nthese shipments must meet the\nThis section prescribes marking\napplicable requirements in $5 171.22\nrequirements for packages of Class 1\nand 171.23; these sections are contained\n[explosive) materials. We are removing\nin Subpart C of Part 171. Therefore, we\nparagraph (e)(4) because it contains an\nare also revising the introductory\nobsolete provision and the paragraph\nlanguage in the last sentence in\ndesignation is reserved.\nparagraph (a)(l) to include compliance\nwith the applicable requirements in\nPart 173\n\"subpart C of this part.\"\nSection 173.62\nSection 171.15\nThis section prescribes the specific\nThis section prescribes requirements\npackaging requirements for explosives.\nfor the immediate telephonic\nWe are correcting the formatting of\nnotification of certain hazardous\nPacking Instruction 134 in the Table of\nmaterials incidents. In this final rule, we\nPacking Methods to move the fibreboard\nare revising paragraph (a) to permit\n(4G) package from the column headed\nnotifications to the National Response\n\"Inner packagings\" to the column\nCenter to be submitted electronically\nheaded \"Outer packagings.\" This\nthrough an Internet site.\nreformatting error occurred in the\nSection 171.22\nprinting of a previous rulemaking.\nSection 173.124\nThis section contains authorizations\nand conditions for the use of\nThis section prescribes the definitions\ninternational standards and regulations\nfor Class 4, Divisions 4.1, 4.2 and 4.3\nfor the transportation of hazardous\nmaterials. Due to a printing error, the\nmaterials to, from, or within the United\ntest procedure for assigning a self-\nStates. As stated earlier in the preamble\nreactive material to a generic type was\n\n<<<PAGE 6>>>\n\n53184 Federal Register 1 Vol. 7\n4, No. 199/Friday, October 16, 20091Rules and Regulations\n- - -\ninadvertently printed in multiple\nSection 180.407 11034). This final rule does not impose\nlocations and the definition of a type C\nThis section prescribes periodic new or revised requirements for\nself-reactive material was inadvertently\nrequalification requirements for hazardous materials shippers or carriers;\nomitted from this section. Therefore, to\nspecification cargo tanks. Paragraphs (c) therefore, it is not necessary to prepare\ncorrect this printing error, we are\nand (h) require each cargo tank to be a\nrevising paragraphs (a)(2)(iil(C) and\ntested for leaks, to include the product (a)(2)(iiil(C) to delete the duplicate test\npiping with all valves and accessories in\nprocedure and reinstate the definition of\nplace and operative. Paragraph (h)(2)\na type C self-reactive material.\npermits cargo tanks equipped with\nSection 173.133\nvapor collection equipment and used to\ntransport petroleum distillate fuels to be\nThis section prescribes the\nassignment of packing group and hazard\nzones for Division 6.1 materials. We are\nrevising the table in § 173.133(a)(l] to\ncorrect the reference to 172.203(m)(2)\nto read 5 172.203(m).\nSection 173.168\nThis section specifies requirements\nfor transportation of chemical oxygen\ngenerators. Paragraph (d)(2)(i) contains\nthe test procedure and acceptance\ncriteria for the Flame Penetration\nResistance Test. In a September 28, 2007\nfinal rule (72 FR 55091), we moved the\nentire test procedure to new Appendix\nE to Part 178 but failed to remove the\ncorresponding language in paragraph\n(d)(2)(i). In this final rule, we are\nrevising paragraph (dl to remove the\nduplicative language.\nSection 173.304\nThis section prescribes filling\nrequirements for cylinders of liquefied\ncompressed gases. We are revising\nparagraph (f)(3)(ii) to correct \"part 78\"\nto read \"part 178.\"\nPart 174\nSection 174.59\nThis section prescribes marking and\nplacarding requirements for rail cars\noffered for transportation. In the last\nsentence, we are correcting a reference\nto § 171.12a to read S 171.12.\nPart 176\nleakage tested in accordance with the\nEnvironmental Protection Agency's\n(EPA's) Method 27 in place of the HMR\nrequirement and specifies that the test\nmust be conducted in accordance with\nthe test methods and procedures\nprescribed in 40 CFR 63.425(e)(l).\nHowever, the paragraph inadvertently\nfails to reference the required cargo tank\ninternal valve test procedures in\nparagraph (e)(2). Therefore, in this final\nrule, we are revising paragraph (h)(2) in\n180.407 of the HMR to reference 40\nCFR 63.425[e)(2).\nSection 180.605\nThis section prescribes requalification\nrequirements for specification and UN\nportable tanks. Paragraph (h)(l)\nprescribes the pressure test procedures\nfor specification 51, 56, and 57 portable\ntanks; however, the paragraph heading\ndoes not reference specification 56\nportable tanks. In this final rule, are\nrevising paragraph (h) heading to\ninclude the specification 56 portable\ntanks.\n111. Regulatory Analyses and Notices\nA. Statutory Authority\nThis final rule is published under\nauthority of 49 U.S.C. 5103(b), which\nauthorizes the Secretary of\nTransportation to prescribe regulations\nfor the safe transportation, including\nsecurity, of hazardous material in\nintrastate, interstate, and foreign\ncommerce. The purpose of this final\nSection 176.415\nrule is to remove unnecessary cross\nreferences to the hazardous materials\nThis section prescribes requirements\nfor the transportation by vessel of\ntable, correct mailing addresses,\nDivision 1.5, ammonium nitrates, and\ngrammatical and typographical errors,\ncertain ammonium nitrate fertilizers.\nand, in response to requests for\nWe are correcting paragraph (c)(4) to\nclarification, improve the clarity of\nremove the word \"and\" at the end of the\ncertain provisions in the Hazardous\nsentence.\nMaterials Regulations.\nB. Executive Order 12866 and DOT\nPart 180\nRegulatory Policies and Procedures\nSection 180.209\nThis final rule is not considered a\nThis section, which prescribes\nsignificant regulatory action under\nrequalification requirements for DOT\nsection 3(f) of Executive Order 12866\nspecification cylinders, contains a\nand, therefore, was not reviewed by the\nparagraph (a)(l) but no (a)(2). We are\nOffice of Management and Budget. This\ncorrecting this formatting inconsistency\nrule is not significant under the\nby removing the paragraph designation\nRegulatory Policies and Procedures of\n\"(I)\" preceding the first full sentence.\nthe Department of Transportation (44 FR\nC, Executive Order 13132\nThis final rule has been analyzed in\naccordance with the principles and\ncriteria in Executive Order 13132\n[\"Federalism\"]. This final rule does not\nadopt any regulation that: (1) Has\nsubstantial direct effects on the states,\nthe relationship between the national\ngovernment and the states, or the\ndistribution of power and\nresponsibilities among the various\nlevels of government; or (2) imposes\nsubstantial direct compliance costs on\nstate and local governments. PHMSA is\nnot aware of any state, local, or Indian\ntribe requirements that would be\npreempted by correcting editorial errors\nand making minor regulatory changes.\nThis final rule does not have sufficient\nfederalism i m ~ a c t s to warrant the\npreparation o i a federalism assessment.\nD. Executive Order 131 75\nThis final rule has been analyzed in\naccordance with the principles and\ncriteria contained in Executive Order\n13175 (\"Consultation and Coordination\nwith Indian Tribal Governments\").\nBecause this final rule does not have\ntribal implications, does not impose\nsubstantial direct compliance costs on\nIndian tribal governments, and does not\npreempt tribal law, the funding and\nconsultation requirements of Executive\nOrder 13175 do not apply, and a tribal\nsummary impact statement is not\nrequired.\nE. Regulatory Flexibility Act, Executive\nOrder 13272, and DOT Procedures and\nPolicies\nI certify that this final rule will not\nhave a significant economic impact on\na substantial number of small entities.\nThis rule makes minor editorial changes\nwhich will not impose any new\nrequirements on persons subject to the\nHMR; thus, there are no direct or\nindirect adverse economic impacts for\nsmall units of government, businesses,\nor other organizations.\nF. Unfunded Mandates Reform Act of\n1995\nThis rule does not impose unfunded\nmandates under the Unfunded\nMandates Reform Act of 1995. It does\nnot result in costs of $141.3 million or\nmore to either state, local, or tribal\ngovernments, in the aggregate, or to the\nprivate sector, and is the least\nburdensome alternative that achieves\nthe objectives of the rule.\n\n<<<PAGE 7>>>\n\n53188\nFederal Register / Vol. 74, No. 199/Friday, October 16, 2009/ Rules and Regulations\n*\n*\n*\n*\n(3) Those which meet the\n• 11. In § 172.320, revise paragraph (e)\nrequirements of § 173.56(h) of this\nCFR 1.45, 1.53.\nAuthority: 49 U.S.C. 5101-5128, 44701; 49\nto read as follows:\nto the approval process of § 173.56 of\nsubchapter and therefore are not subject\n$172.320 Explosive hazardous materials.\nthis subchapter;\n• 13. In § 173.62, in paragraph (c),\n(4) (Reserved);\nrevise Packing instruction 134 in the\ndo not apply to the following Class 1\n(e) The requirements of this section\naccordance with § 173.56(c)(2) of this\n(5) Those that are transported in\nFollowof Packing Methods to read as\nmaterials:\nsubchapter and, therefore, are covered\nagency in accordance with § 173.56(d)\n(1) Those being shipped to a testing\nby a national security classification\n§ 173.62 Specific packaging requirements\ncurrently in effect.\ntor explosives.\n*\nof this subchapter;\nPART 173-SHIPPERS-GENERAL\n(c)**\n*\naccordance with § 173.56(e) of this\n(2) Those being shipped in\nREQUIREMENTS FOR SHIPMENTS\nAND PACKAGINGS\ndevelopmental testing:\nsubchapter, for the purposes of\n| 12. The authority citation for part 17\nontinues to read as follows\nTABLE OF PACKING METHODS\nPacking instruction\nInner packagings\ntermediati\nackaging\nOuter packagings\n134\nвора наноті\nNot necessary\nBoxes.\nsteel (4A).\nmetal\nfibreboard\naluminium (4B).\nwood, natural, ordinary (4C1).\nplastics\nwood, natural, sift proof walls (4C2).\nSheets\nwood\nreconstituted wood (4F).\nplywood (4D).\nTubes\nfibreboard, corrugated\nfibreboard (4G)\nfibreboard\nDrums.\nfibreboard (1G).\nsteel, removable head (1A2).\nplastics, removable head (1H2).\nplywood (1D).\naluminium, removable head (1B2).\n•\n•\n*\n*\n*\n*\n*\n• 15. In § 173.133, in paragraph (a)(2)(i),\n(a)(2)(ii)(C) and (a)(2)(iii)(C) to read as\n• 14. In § 173.124, revise paragraphs\nas follows:\nrevise Note 2 following the table to read\nfollowing additional requirements wher\ntransported by cargo-only aircraft\nTest specified in Appendix E to part 178\n(i) The Flame Penetration Resistance\nfollows:\n§ 173.133 Assignment of packing group\n§ 173.124 Class 4, Divisions 4.1, 4.2 and\nand hazard zones for Division 6.1 materials.\nof this subchapter.\n4.3-Definitions.\n(a) * * *\n(ii) The Thermal Resistance Test\n(a) *\n(2)***\nspecified in Appendix D to part 178 of\n(ii) * *\n(2) *\n(i) * * *\nthis subchapter.\n*\ncriteria for Packing Group I, Hazard Zones A\nNote 2: A liquid in Division 6.1 meeting\nC is a self-reactive material which, as\n(C) Type C. Self-reactive material type\nor B stated in paragraph (a)(2) of this section\n• 17. In § 173.304, revise paragraph\nto the additional hazard communication\nis a material poisonous by inhalation subject\n(f)(3)(ii) to read as follows:\npackaged for transportation, neither\ncannot undergo a thermal explosion.\ndetonates nor deflagrates rapidly and\nrequirements in $$ 172.203(m), 172.313 and\n§ 173.304 Filling of cylinders with liquefied\ncompressed gases.\ntable 1 of $ 172.504(e) of this subchapter.\n*\n(f)**\n*\n(d)(2) to read as follows:\n• 16. In § 173.168, revise paragraph\n(3) * * *\nmaterial under the test procedures\n(C) Performance of the self-reactive\n(ii) After September 30, 2009, is\nspecified in the UN Manual of Tests and\n§ 173.168 Chemical oxygen generators.\ncapable of passing, as demonstrated by\nsubchapter) and the provisions of\nCriteria (IBR, see § 171.7 of this\nResistance Test specified in part III of\ndesign testing, the Flame Penetration\nparagraph (a)(2)i) of this section; and\ncontents, is capable of meeting the\n(2) After September 30, 2009, with its\nApphapter: to part 178 of this","truncated":false,"body_characters":29329}