# Owen Compliance Services, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

U.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 2>>>

Page 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 3>>>

Page 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 4>>>

53182 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 5>>>

Federal 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 6>>>

53184 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 7>>>

53188
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
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