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04/20/2010 6:08 AM  
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 63-74]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30556]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, and 178

[Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)]
RIN 2137-AE54


Hazardous Materials: Revision to Requirements for the
Transportation of Batteries and Battery-Powered Devices; and
Harmonization With the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions; Correction

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Final rule; corrections.

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SUMMARY: On January 14, 2009, the Pipeline and Hazardous Materials
Safety Administration (PHMSA) published a final rule amending the
Hazardous Materials Regulations (HMR) to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations, and vessel stowage requirements. The revisions were
necessary to harmonize the HMR with recent changes to the International
Civil Aviation Organization's Technical Instructions for the Safe
Transport of Dangerous Goods by Air, the International Maritime
Dangerous Goods Code, Transport Canada's Transportation of Dangerous
Goods Regulations, and the United Nations Recommendations on the
Transport of Dangerous Goods. These revisions also included amendments
and clarifications addressing the safe transportation of batteries and
battery-powered devices. This final rule corrects several errors in the
January 14, 2009 final rule.

DATES: Effective date: The effective date of these amendments is
January 4, 2010. Applicability date: These amendments are applicable
beginning January 1, 2010.

FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Pipeline and
Hazardous Materials Safety Administration.

SUPPLEMENTARY INFORMATION:

I. Background

On January 14, 2009, PHMSA published a final rule under Docket
Numbers PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J) ⏖ FR
2200] revising the Hazardous Materials Regulations (HMR) to maintain
alignment with international standards by incorporating various
amendments, including changes to proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, air
transport quantity limitations, and vessel stowage requirements. The
revisions were necessary to harmonize the HMR with recent changes to
the International Civil Aviation Organization's Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO TI), the
International Maritime Dangerous Goods Code (IMDG Code), Transport
Canada's Transportation of Dangerous Goods Regulations (TDG
Regulations), and the United Nations Recommendations on the Transport
of Dangerous Goods (UN Recommendations). These revisions also included
amendments and clarifications addressing the safe transportation of
batteries and battery-powered devices. This final rule corrects several
errors in the final rule. Because these amendments do not impose new
requirements notice and public comment procedures are unnecessary.

II. Appeals to the Final Rule

We received two appeals to the January 14, 2009 final rule from the
Dangerous Goods Transport Consulting, Inc. (DGTC) and HMT Associates,
LLC. Both DGTC and HMT Associates express concerns about the provisions
of the final rule applicable to the transportation of fuel cell
cartridges. These appeals are discussed in detail below.

A. Dangerous Goods Transport Consulting, Inc.

The January 14, 2009 final rule revised the requirements for the
transportation of fuel cell cartridges under Sec. 173.230 of the HMR
(49 CFR Parts 171-180). In addition to the proper shipping name for
flammable liquid fuel cell cartridges (UN3473) already included in the
Sec. 172.101 Hazardous Materials Table (HMT), the final rule added
four new proper shipping names to the HMT to describe the range of
fuels used in fuel cell cartridges: ``Water-reactive substances,''
UN3476; ``Corrosive substances,'' UN3477; ``Liquefied flammable gas,''
UN3478; and ``Hydrogen in metal hydride,'' UN3479.
As indicated by the expanded list of proper shipping names, fuel
cell cartridges contain a number of different types of fuels with
distinct hazards. Because of this variety of fuel types, we also
amended Sec. 173.230 to provide comprehensive requirements including
packaging to address the hazards for all fuel cell cartridge types. In
its appeal, DGTC expressed concern that the provision in Sec.
173.230(g) prohibiting the air transport of fuel cell cartridges as
limited quantities is not practical, reasonable or in the public
interest. Specifically, DGTC asserts its understanding that prohibiting
the air transport of fuel cell cartridges as limited quantities is not
consistent with provisions in Sec. 173.230(h) that allow fuel cell
cartridges conforming to Sec. 173.230(g) and defined as consumer
commodities to be renamed ``Consumer commodity'' and reclassed as ORM-D
since consumer commodities are authorized for transport by air in
Column (9) of the HMT for the entry ``Consumer commodity.'' DGTC also
asserts inconsistency with HMR provisions that allow for air transport
of limited quantities of the fuel types typically found in the fuel
cell cartridges in inner packagings subject to less stringent
requirements than those for the fuel cell cartridges themselves. DGTC
further contends that the prohibition imposes unwarranted additional
transportation costs and places emerging fuel cell technologies at a
competitive disadvantage with other portable sources of electric power
such as batteries and could be detrimental to their development as an
alternative energy source.
The requirements applicable to the transportation of fuel cells
adopted in the January 14, 2009 final rule were initially proposed in a
notice of proposed rulemaking (NPRM) published July 31, 2008 (73 FR
44820) and are consistent with standards adopted internationally in the
revised editions of the ICAO TI, the IMDG Code, and the UN
Recommendations. Commenters to the NPRM supported the fuel cell
proposals; no commenter addressed the potential economic impact of the
proposals. We note, with regard to DGTC's concern about the economic
impact of the limited quantity prohibition, that harmonization

[[Page 64]]

promotes safety and facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements. Thus, the benefits of a harmonized domestic and
international transportation regime outweigh the costs that may be
incurred. As DGTC acknowledged in its appeal, the 2009-2010 ICAO TI
also prohibit the transportation of fuel cell cartridges as limited
quantities on aircraft. Authorizing limited quantity exceptions for
fuel cell cartridges in the HMR would be inconsistent with the ICAO TI;
such differing domestic and international requirements could cause
confusion for both shippers and carriers, thereby adversely affecting
safety.
We agree that the prohibition of air transport of limited
quantities of fuels when contained in fuel cell cartridges is
inconsistent with the current authorization that allows for air
transport of limited quantities of the same fuels found in fuel cell
cartridges when shipped under the proper shipping name appropriate to
the fuel (e.g., ``Methanol, UN1230''). The ICAO Dangerous Goods Panel
is currently considering adoption of limited quantity exceptions, based
in part on a proposal from the U.S. Fuel Cell Council (FCC). Based on
the decision of the ICAO Dangerous Goods Panel, we will consider
adopting limited quantity exceptions for air transport of fuel cell
cartridges in a future rulemaking. Therefore, in this final rule, we
are not revising the current prohibition of air transport of fuel cell
cartridges as limited quantities.

B. HMT Associates, LLC

The January 14, 2009 final rule also revised the packaging
requirements for the transportation of fuel cell cartridges under Sec.
173.230 of the HMR. Specifically, paragraph (e) of this section
provides for authorized packagings; paragraph (f) sets forth additional
requirements for transportation by aircraft. HMT Associates expressed
concern that the provision in Sec. 173.230(e) to require intermediate
packaging for fuel cell cartridges packed with equipment for all modes
of transportation, not just air transport, differs from the packaging
requirements for fuel cell cartridges packed with equipment under
international standards for highway, rail, and vessel transport.
Specifically, HMT Associates states:

As it relates to fuel cell cartridges packed with equipment, the
[UN Recommendations, as well as the IMDG Code] Packing Instruction
P004 requires: [f]or fuel cell cartridges * * * packed with
equipment, strong outer packagings. When fuel cell cartridges are
packed with equipment, they shall be packed in inner packagings or
placed in the outer packaging with cushioning material or divider(s)
so that the fuel cell cartridges are protected against damage that
may be caused by the movement or placement of the contents within
the outer packaging.

With regard to the packaging requirements for fuel cell cartridges
packed with equipment in the January 14, 2009 final rule, Sec.
173.230(e)(2)(i) requires fuel cell:

Cartridges packed with equipment to be packed in intermediate
packagings together with the equipment they are capable of powering.
The fuel cell cartridges and the equipment must be packaged with
cushioning material or dividers or inner packaging so that the fuel
cell cartridges are protected against damage that may be caused by
the shifting or placement of the equipment and the cartridges within
the outer packaging.

HMT Associates noted that the use of an intermediate packaging is
required under the ICAO TI only when fuel cell cartridges packed with
equipment are transported by aircraft (re: Packing Instruction 217).
Additionally, HMT Associates indicated that the wording of Sec.
173.230(e)(2)(i) as adopted in the final rule is not as it was proposed
in our NPRM. The wording was revised based on a comment submitted to
the docket by FCC. The NPRM did not propose use of an intermediate
packaging. In the preamble of the final rule ⏖ FR 2223], we agreed
with FCC that the packaging requirements should be consistent with the
UN Recommendations and the ICAO TI and indicated that revisions made to
the regulatory text of the NPRM were intended to achieve consistency.
Finally, HMT Associates indicated that under the additional
provisions for transportation by aircraft in Sec. 173.230(f), the
language specific to packaging requirements for fuel cell cartridges
packed with equipment in the final rule differs from the proposed
language in the NPRM. They noted that the proposed language is
consistent with international standards by limiting the intermediate
packaging requirement to the additional requirements for air transport
rather than the language in the final rule that has additional
requirements supplementing the general requirements for transport of
fuel cell cartridges packed with equipment and transported by all
modes.
HMT Associates is correct that the final rule language highlighted
in its appeal was adopted in error. We intended that the requirement
for intermediate packaging of fuel cell cartridges packed with
equipment should be limited to packaging prepared for air transport
consistent with the ICAO TI. This is also consistent with the suggested
revisions to Sec. 173.230(e) and (f) in comments we received from FCC
in response to the July 31, 2008 NPRM. FCC suggested that we revise the
language in paragraph (f) to include a requirement that:

For transportation by aircraft * * * when fuel cell cartridges
are packed with equipment, they must be packed in intermediate
packagings together with the equipment they are capable of powering
* * *.

Therefore, HMT Associates' appeal is granted. In this final rule,
we are correcting paragraphs (e)(2)(i) and (f)(4) in Sec. 173.230 to
fully align the fuel cell cartridges packaging requirements with the
multimodal packing requirements as prescribed in ICAO TI Packing
Instruction 217 and UN Recommendations Packing Instruction P004. We are
also making clarifying corrections to paragraphs (e) and (f) for
consistency with changes made based on the appeal and for consistent
use of terms in the section. For example, in paragraph (f)(2) we are
correcting ``fuel cells'' to read ``fuel cell cartridges'' to clarify
the applicability to fuel cell cartridges.

III. Corrections and Amendments

In this final rule, we are making editorial corrections and
clarifying amendments to sections that were amended by the January 14,
2009 final rule for purposes of consistency with grammatical
conventions and for consistency with similar provisions within the HMR.
We are also making conforming amendments to sections in the HMR
affected by the January 14, 2009 final rule. None of the clarifying or
conforming amendments are new requirements but provide for a better
understanding of the requirements adopted in the January 14, 2009 final
rule. The corrections and amendments are as follows:

Part 171

Section 171.7
This section lists material incorporated by reference into the HMR.
In the January 14, 2009 final rule, we updated the address for ICAO
reference materials; however, we did not include the most current
address. In this final rule, we are correcting the entry to reflect the
current address.

[[Page 65]]

Part 172

Section 172.101
This section outlines the purpose and instructions for use of the
Hazardous Materials Table (HMT). We are removing an obsolete
transitional period in paragraph (l)(3) and replacing it with a
transition period specific to marking of cylinders containing
``Chlorine, UN1017.'' Under HM-215J, we revised the proper shipping
name entry for ``Chlorine'' to include Division 5.1 (oxidizer) as an
additional subsidiary hazard. Based on this revision, chlorine
cylinders marked in accordance with CGA C-7, Appendix A (see Sec.
172.400a) must now include the Division 5.1 subsidiary hazard number as
part of the marking. To allow for additional time to incorporate this
subsidiary hazard number as part of the marking, we are authorizing the
use of preprinted cylinder markings without the Division 5.1 subsidiary
hazard number until January 1, 2011.
We are also making a number of editorial corrections to entries in
the Sec. 172.101 Hazardous Materials Table (HMT). The editorial
corrections are as follows:
For the entry ``Gasoline includes gasoline mixed with
ethyl alcohol, with not more than 10% alcohol, UN1203,'' the Special
provisions in Column (7) are corrected to read ``144, 177, B1, B33,
IB2, T4, TP1.''
The proper shipping name for the entry ``Regulated medical
waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO)Medical
waste, n.o.s., or Biomedical waste, n.o.s. or Medical waste, n.o.s.,
UN3291'' is corrected to read ``Regulated medical waste, n.o.s. or
Clinical waste, unspecified, n.o.s. or (BIO)Medical waste, n.o.s., or
Biomedical waste, n.o.s. or Medical waste, n.o.s., UN3291.'' This
correction is a ``remove/add.''
The proper shipping name for the entry
``Trimethyltrichlorosilane, UN1298'' is corrected to read
``Trimethylchlorosilane.'' This correction is a ``remove/add.''
The information contained in the HMT for the following
entries is being corrected by placing the information in the
appropriate Columns of the:
[cir] ``Receptacles, small, containing gas or gas cartridges (non-
flammable) without release device, not refillable and not exceeding 1 L
capacity, UN2037.''
[cir] ``Receptacles, small, containing gas or gas cartridges
(oxidizing) without release device, not refillable and not exceeding 1
L capacity, UN2037.''
Section 172.202
This section sets forth requirements for the description of
hazardous materials on shipping papers. In paragraph (a)(4) of this
section, we are correcting the last sentence to enclose the phrase
``for example, ``PG II'' '' in parentheses. The parentheses were
inadvertently omitted in the January 14, 2009 final rule.
Section 172.322
This section specifies marking requirements for packaging used to
transport marine pollutants. In paragraph (e)(2)(i), the number ``4''
is corrected to read ``3.9'' and in paragraph (e)(2)(ii), the number
``10'' is corrected to read ``9.8'' for consistency with similar
marking and labeling size specification requirements in the HMR.
Section 172.407
This section establishes specifications for labels printed on or
affixed to packaging. In the January 14, 2009 final rule, we adopted a
new CARGO AIRCRAFT ONLY label in Sec. 172.448 of the HMR. The new
label contains text that differs from the previous label--specifically,
the phrase ``CARGO AIRCRAFT ONLY'' replaces the word ``DANGER.'' When
we adopted the new label, we failed to make conforming amendments to
the label specifications in Sec. 172.407 that reference text from the
old label. In this final rule, we are amending paragraph (c)(2) of
Sec. 172.407 to correctly reference the phrase ``CARGO AIRCRAFT ONLY''
and amending the text size specifications to require the letters to
measure at least 6.3 mm (0.25 inches) in height. The size requirement
for the letters has been reduced to accommodate the greater amount of
text that must be displayed on the label as shown in Sec. 172.448.
Section 172.448
This section specifies the design of the ``CARGO AIRCRAFT ONLY''
label. For consistency with the revisions discussed above in Sec.
172.407, we are amending paragraph (c) of this section to emphasize
conformance with the label specifications for a ``CARGO AIRCRAFT ONLY''
label in Sec. 172.407 in addition to the specifications outlined in
paragraph (c) of this section.

Part 173

Section 173.4a
This section specifies conditions for exception from the HMR
requirements for the transport of excepted quantities of hazardous
materials. In this final rule, we are amending the language for inner
packaging limits in paragraph (c)(1) to clarify the intent in the
January 14, 2009 final rule that the provision applies to both primary
and subsidiary hazards for Division 6.1 Packing Group I and II, solids
and liquids. We are also correcting paragraphs (e)(3)(i) and (g)(2). In
paragraph (e)(3)(i), we are removing the phrase ``[i]n such cases,
and'' which is extraneous language that was inadvertently included with
the paragraph and in paragraph (g)(2), we are correcting the word
``symbol'' to read ``marking'' to clarify that the size requirements
are intended to apply to the size of the marking and not the size of
the symbol within the marking.
Section 173.29
This section specifies requirements for the transport of empty
packagings containing only the residue of a hazardous material. In the
January 14, 2009 final rule, we revised Sec. 173.115 with respect to
classification of Division 2.2 material by adopting the gauge pressure
criteria of 200 kPa (29.0 psig) but failed to make a conforming
revision to the Division 2.2 classification criteria in this section.
In this final rule, we are amending Sec. 173.29(b)(2)(iv)(B) for
consistency with the new classification criteria for Division 2.2
material in Sec. 173.115.
Section 173.62
This section specifies authorized packaging for explosive
materials. In this final rule, in paragraph (c)(5), we are amending
Packing Instruction 114(b)(2) by correcting the words ``pack-agings''
and ``pre-vented'' to read ``packagings'' and ``prevented,''
respectively.
Section 173.115
This section establishes the classification criteria for Class 2,
Division 2.1, 2.2, and 2.3 gases. In this final rule, for the Division
2.2 non-flammable, nonpoisonous gas criteria in paragraph (b)(1), we
are correcting the gauge pressure number ``25.9'' to read ``29.0''.
This correction reflects an error in conversion of the unit of measure
and is not a revision to the classification criteria.
Section 173.159a
The section specifies the conditions for exception from the HMR
requirements for the transport of non-spillable batteries. In this
final rule, we are correcting the section heading ``Exceptions for Non-
spillable batteries'' to read ``Exceptions for non-spillable
batteries.'' In addition, in paragraph (b), we are correcting the word
``nonspillable'' in each place it appears to read ``non-spillable.''

[[Page 66]]

Section 173.206
This section specifies the packaging requirements for
chlorosilanes. In the January 14, 2009 final rule, we added this new
packaging section to the HMR to harmonize with new packaging
requirements for water-reactive chlorosilanes adopted in the Fifteenth
revised edition of the UN Recommendations. In our effort to harmonize
with the international standards, we inadvertently omitted the
authorization to use cylinders for these materials. Cylinders were
previously authorized for use in transport of these materials under
Sec. Sec. 173.201 and 173.202. In this final rule, we are correcting
paragraph (c) by reinstating the authorization to use certain cylinders
for transport of these materials. We note that aluminum cylinders
should not be used for the transport of these materials due to safety
concerns of incompatibility of aluminum and water-reactive
chlorosilanes. We may adopt revisions to the packaging provisions
prohibiting the use of aluminum cylinders for these materials in a
future rulemaking.
Section 173.220
This section specifies the conditions for transportation of
internal combustion engines, vehicles, and mechanical equipment and
battery-powered vehicles and equipment. In the January 14, 2009 final
rule, we clarified the provisions for the transport of batteries and
battery-powered devices including the transport of vehicles and
equipment powered by batteries. In paragraph (d), we included an
incorrect reference to Sec. 173.185 regarding an exception to the
prohibition of lithium metal batteries aboard passenger-carrying
aircraft. In this final rule, we are correcting paragraph (d) to
reference the correct provision, specifically, Sec. 172.102, Special
Provision A101.
Section 173.230
This section specifies packaging requirements for fuel cell
cartridges. Per the section II discussion of HMT Associates' appeal, in
this final rule, we are correcting paragraphs (e)(2) and (f) in Sec.
173.230 to clarify and align fully the fuel cell cartridge packaging
requirements with the multimodal packing requirements as prescribed in
the ICAO TI Packing Instruction 217 and UN Recommendations Packing
Instruction P004.
Sections 173.306
This section specifies conditions for exception from the HMR
requirements for transportation of limited quantities of compressed
gases. In the January 14, 2009 final rule, we adopted provisions for
the transportation of limited quantities of Division 2.2 (non-
flammable) compressed gases in nonrefillable plastic receptacles
packaged in a strong outside packaging. These provisions are set forth
in conditions for shipment of these gases in specification 2S and non-
DOT specification plastic containers (Sec. 173.306(a)(5)) and in a new
specification 2S for the construction of these plastic containers
(Sec. 178.33b). See 74 FR at 2265, 2268-69. These requirements are
consistent with revisions adopted in the Fifteenth revised edition of
the UN Recommendations (6.2.4.2.2) and the 2009-2010 edition of the
ICAO TI (6;5.4.2.3). We concluded that these inner plastic containers
provide a level of safety equivalent to other authorized packaging, and
we could eliminate the need for issuance of a special permit to allow
the use of plastic containers for transport of limited quantities of
Division 2.2 gases with no subsidiary risk.
Inner metal containers authorized for transport of limited
quantities of compressed gas have historically been subjected to a hot
water bath after filling to ensure the containers are free of leaks
prior to being offered for transportation. See Sec. 173.306(a)(3)(v).
Consistent with UN Recommendations and the ICAO TI, in the January 14,
2009 final rule, we adopted in Sec. 173.306(a)(5)(v) a similar hot
water bath test requirement for the specification 2S and non-DOT
specification plastic containers. The hot water bath for plastic
containers must be performed at temperatures and for a duration
sufficient to achieve internal pressure requirements. These elevated
temperatures may be destructive to the contents of containers or to the
material of construction of plastic containers. Thus, the hot water
bath test includes instruction for containers with contents sensitive
to heat or containers made of plastic materials which soften at higher
temperatures to be tested at a lower temperature. However, in adopting
the hot water bath provisions, we inadvertently left out the language
specific to plastic materials which soften at the test temperature. In
this final rule, we are correcting paragraph (a)(5)(v) to include
language that plastic materials which soften at the higher test
temperature of the hot water bath must be tested at the lower
temperature range of 20 [deg]C (68 [deg]F) to 30 [deg]C (86 [deg]F).
Additionally, as part of the conditions for the shipment of limited
quantities of Division 2.2 (non-flammable) compressed gases in plastic
containers, we intended to adopt test methods alternative to the hot
water bath test in Sec. 173.306, specifically, pressure and leakage
tests subjected to each container prior to filling and a leakage test
subjected to each container after filling. The provisions for
alternative pressure and leakage tests to the hot water bath were
incorrectly placed in Sec. 178.33b-8, rather than in Sec. 173.306
where they properly belong. In doing so, we inadvertently required
manufacturers of the specification 2S plastic containers to perform the
alternative pressure and leakage tests as part of their production run
and then also required the filler to perform the hot water bath test.
This misplacement of the pressure and leakage tests would put domestic
manufacturers or fillers at a disadvantage as they are not afforded the
opportunity to utilize these tests as an alternative to the hot water
bath test as they would be if transporting under the ICAO TI or under
other international regulations that have adopted these provisions
based on the UN Recommendations. We believe this intent was understood
by the public and the regulated community. Therefore, to correct this
error, in this final rule, we are (1) removing the alternative pressure
and leakage test method provisions currently found in Sec. 178.33b-
8(b); (2) adding these provisions to Sec. 173.306 as a new paragraph
(a)(5)(vi); and (3) redesignating current paragraph (a)(5)(vi)
containing the packaging marking requirements as new paragraph
(a)(5)(vii).

Part 175

Section 175.10
This section specifies conditions for exception from the HMR
requirements for the transport of hazardous materials aboard passenger
aircraft by passengers, crewmembers, and air operators. In the January
14, 2009 final rule, we revised paragraph (a)(18) to expand the types
of fuel cell cartridges permitted in carry-on baggage. Fuel cell
cartridges permitted for transport by passengers and crewmembers must
continue to conform to the rigorous performance criteria outlined in
this section. For consistency with the provisions for fuel cell
cartridges in Sec. 173.230, in this final rule, we are clarifying
paragraph (a)(18) of this section to indicate that the maximum quantity
of fuel for hydrogen in a metal hydride fuel cell cartridges is based
on the water capacity of the fuel cell cartridges rather than the net
quantity of fuel as is the case of all other types of fuels. Also, in
this final rule, we are correcting a grammatical error in paragraph
(a)(15)(iv)(B) by correcting

[[Page 67]]

the ``,'' (comma) at the end of the subparagraph to read ``;''
(semicolon).

Part 178

Section 178.33b
In this final rule, we are correcting the section heading
``Specification 2S; inner nonrefillable plastic receptacles
[Reserved]'' to read ``Specification 2S; inner nonrefillable plastic
receptacles.''
Section 178.33b-7
This section specifies design qualification testing requirements
for Specification 2S packaging. In this final rule, we are correcting
the section heading ``Sec. 178.33b-7 Design Qualification Test'' to
read ``Sec. 178.33b-7 Design qualification test.'' We are also
correcting paragraph (a) to specify that the drop test requirements
apply to each new design rather than each container. The current
wording ``container type'' used in paragraph (a) comes from the British
Standard BS 5597:1991 (paragraph 2.11) in which ``type testing'' is
defined as testing to indicate whether an aerosol dispenser, made to a
unique specification and design, meets the appropriate requirements of
the standard. BS 5597:1991 was the basis for several special permits
issued by PHMSA authorizing the manufacture and use of these containers
prior to adoption of the provisions into the HMR. Design qualification
testing, or ``type testing,'' is intended to be performed only on new
designs and is repeated when the design features change in a meaningful
way, such as when the container is manufactured with a new mold, or if
the properties of the plastic material have changed. Therefore, in this
final rule, we are clarifying paragraph (a) by correcting Sec.
178.33b-7(a)(1) to require each new design be subjected to the drop
test requirements. Also, in the January 14, 2009 final rule, in a
response to comments, we agreed with a commenter that the drop test
criteria should be amended to specify that a container should not be
dropped on the valve. However, we inadvertently left this instruction
out of the final rule. In this final rule, we are correcting Sec.
178.33b-7(a)(1) by revising the language to specify the orientation of
the containers during the drop test. Finally, we are adding a new
paragraph (b) to this section to clarify when design qualification
testing is required.
Section 178.33b-8
This section specifies production testing requirements for
Specification 2S packaging. In this final rule, we are correcting the
section heading ``Sec. 178.33b-8 Production Tests'' to read ``Sec.
178.33b-8 Production tests'' and correcting paragraph (b) by removing
the pressure and leak test requirements as discussed in Sec. 173.306
above.
Section 178.703
The section specifies the packaging marking requirements for IBCs.
In the January 14, 2009 final rule, we included an additional marking
requirement for IBCs to display a symbol specifying the maximum
permitted stacking load applicable when an IBC is in use, with a
transition date until January 1, 2011. In this final rule, we are
correcting the language adopted in the January 14, 2009 final rule in
Sec. 178.703 by adding a new paragraph (b)(7) to specify that the
symbol is in addition to the marking requirements already in place in
paragraph (a)(1) and not a part of the that marking sequence.
Additionally, we are clarifying that the marking of the figure ``0''
that is required as part of the marking sequence in Sec. 178.703(a)(1)
is not required in association with the symbol for IBCs not capable of
being stacked.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule corrects several errors in the January 14, 2009 final
rule.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This final rule
corrects errors made during the development of the January 14, 2009
final rule and printing process and makes amendments to conform to
amendments made in the January 14, 2009 final rule.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation ⎸ FR 11034]. The revisions adopted in this final rule
do not alter the cost-benefit analysis and conclusions contained in the
Regulatory Evaluation prepared for the January 14, 2009 final rule. The
Regulatory Evaluation is available for review in the public docket for
this rulemaking.

C. Executive Order 13132

This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''), and
the President's memorandum on ``Preemption'' in published in the
Federal Register on May 22, 2009 (74 FR 24693). This final rule
preempts State, local and Indian Tribe requirements but does not
propose any regulation that 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. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian Tribe requirements for certain
subjects. The subjects are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) above and preempts State, local, and Indian Tribe requirements not
meeting the ``substantively the same'' standard. This final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2009. If the changes in this final rule are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, are at an economic disadvantage. These
companies are forced to comply with a

[[Page 68]]

dual system of regulations. The changes in this rulemaking are intended
to avoid this result. Federal hazardous materials transportation law
provides at section 5125(b)(2) that, if DOT issues a regulation
concerning any of the covered subjects, DOT must determine and publish
in the Federal Register the effective date of Federal preemption. The
effective date may not be earlier than the 90th day following the date
of issuance of the final rule and not later than two years after the
date of issuance. The effective date of Federal preemption is April 5,
2010.

D. Executive Order 13175

This final rule was 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, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. The
corrections and revisions contained in this final rule will have little
or no effect on the regulated industry. Based on the assessment in the
regulatory evaluation, to the January 14, 2009 final rule, I hereby
certify that, while this rule applies to a substantial number of small
entities, there will not be a significant economic impact on those
small entities. A detailed Regulatory Flexibility analysis is available
for review in the docket.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
final rules on small entities are properly considered.

F. Paperwork Reduction Act

This final rule imposes no new information collection requirements.

G. Regulatory 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 contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act

This final 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 objective of the rule.

I. Environmental Assessment

The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. In the January 14, 2009 final rule,
we developed an assessment to determine the effects of these revisions
on the environment and whether a more comprehensive environmental
impact statement may be required. Our findings conclude that there are
no significant environmental impacts associated with this final rule.
Consistency in the regulations for the transportation of hazardous
materials aids in shippers' understanding of what is required and
permits shippers to more easily comply with safety regulations and
avoid the potential for environmental damage or contamination. For
interested parties, a detailed environmental assessment is included in
the January 14, 2009 final rule which is available in the public
docket.

J. Privacy Act

Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://www.dot.gov/privacy.html.

K. International Trade Analysis

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. For purposes of these requirements, Federal agencies
may participate in the establishment of international standards, so
long as the standards have a legitimate domestic objective, such as
providing for safety, and do not operate to exclude imports that meet
this objective. The statute also requires consideration of
international standards and, where appropriate, that they be the basis
for U.S. standards. PHMSA participates in the establishment of
international standards in order to protect the safety of the American
public, and we have assessed the effects of the final rule to ensure
that it does not exclude imports that meet this objective. Accordingly,
this rulemaking is consistent with PHMSA's obligations under the Trade
Agreement Act, as amended.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

49 CFR Part 175

Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.

49 CFR Part 178

Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

0
In consideration of the foregoing, 49 CFR Chapter I is amended by
making the following amendments:

[[Page 69]]

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.

0
2. In Sec. 171.7, in the paragraph (a)(3) table, the entry for
``International Civil Aviation Organization (ICAO)'' is revised to read
as follows:


Sec. 171.7 Reference material.

(a) * * *
(3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------

* * * * * * *
International Civil Aviation Organization (``ICAO''), 999 University
Street, Montr[eacute]al, Quebec H3C 5H7, Canada, 1-514-954-8219, http://www.icao.int:

ICAO Technical Instructions available from: INTEREG, International
Regulations, Publishing and Distribution Organization, P.O. Box 60105,
Chicago, IL 60660.

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

* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS, AND SECURITY PLANS

0
3. The authority citation for part 172 continues to read as follows:

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


0
4. In Sec. 172.101, paragraph (l)(3) is revised and the Hazardous
Materials Table is amended by removing, adding and revising entries, in
the appropriate alphabetical sequence, to read as follows:


Sec. 172.101 Purpose and use of the hazardous materials table.

* * * * *
(l) * * *
(3) Cylinders used for chlorine (UN1017) with preprinted markings
conforming to Sec. 172.400a(a)(1)(ii) without the Division 5.1
subsidiary hazard number may continue to be used until January 1, 2011.

[[Page 70]]



Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous mate (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
rials descriptions Hazard Identification Special -----------------------------------------------------------------------------------------------------------------
Symbols and proper ship class or numbers PG Label codes provisions Passenger Cargo air
ping names division (Sec. Exceptions Non-bulk Bulk aircraft/rail craft only Location Other
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)............ (8A)........... (8B)........... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE].......... .......... ................. ............... .................. ............... ............... ............... .............. .............. .............. .............. ..............

* * * * * * *
Regulated medical 6.2 UN 3291.......... II............. 6.2............... A13............ 134............ 197............ 197........... No limit...... No limit...... B............. 40
waste, n.o.s. or
Clinical waste,
unspecified,
n.o.s. or (BIO)-
Medical waste,
n.o.s., or
Biomedical waste,
n.o.s. or Medical
waste, n.o.s..

* * * * * * *
Trimethyltrichloro 3 UN1298........... II............. 3, 8.............. A3, A7, B77, None........... 206............ 243........... 1 L........... 5 L........... E............. 40
silane. N34, T10, TP2,
TP7, TP13.

* * * * * * *
[ADD]............. .......... ................. ............... .................. ............... ............... ............... .............. .............. .............. .............. ..............

* * * * * * *
Regulated medical 6.2 UN3291........... II............. 6.2............... A13............ 134............ 197............ 197........... No limit...... No limit...... B............. 40
waste, n.o.s. or
Clinical waste,
unspecified,
n.o.s. or (BIO)
Medical waste,
n.o.s., or
Biomedical waste,
n.o.s. or Medical
waste, n.o.s..

* * * * * * *
Trimethylchlorosil 3 UN1298........... II............. 3, 8.............. A3, A7, B77, None........... 206............ 243........... 1 L........... 5 L........... E............. 40
ane. N34, T10, TP2,
TP7, TP13.

* * * * * * *
[REVISE].......... .......... ................. ............... .................. ............... ............... ............... .............. .............. .............. .............. ..............

* * * * * * *
Gasoline includes 3 UN1203........... II............. 3................. 144, 177, B1, 150............ 202............ 242........... 5 L........... 60 L.......... E............. ..............
gasoline mixed B33, IB2, T4,
with ethyl TP1.
alcohol, with not
more than 10%
alcohol.


[[Page 71]]


* * * * * * *
Receptacles, 2.2 UN2037........... ............... 2.2............... ............... 306............ 304............ None.......... 1 kg.......... 15 kg......... B............. 40
small, containing
gas or gas
cartridges(non-
flammable)
without release
device, not
refillable and
not exceeding 1 L
capacity.
Receptacles, 2.2 UN2037........... ............... 2.2, 5.1.......... A14............ 306............ 304............ None.......... 1 kg.......... 15 kg......... B............. 40
small, containing
gas or gas
cartridges
(oxidizing)
without release
device, not
refillable and
not exceeding 1 L
capacity.

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


[[Page 72]]

* * * * *

0
5. In Sec. 172.202, in paragraph (a)(4), the last sentence is revised
to read as follows:


Sec. 172.202 Description of hazardous material on shipping papers.

(a) * * *
(4) * * * The packing group may be preceded by the letters ``PG''
(for example, ``PG II''); and
* * * * *


Sec. 172.322 [Amended]

0
6. In Sec. 172.322, in paragraph (e)(2)(i) introductory text, the
number ``4'' is revised to read ``3.9'' and in paragraph (e)(2)(ii),
the number ``10'' is revised to read ``9.8''.
0
7. In Sec. 172.407, paragraph (c)(2) is revised to read as follows:


Sec. 172.407 Label specifications.

* * * * *
(c) * * *
(2) The CARGO AIRCRAFT ONLY label must be a rectangle measuring at
least 110 mm (4.3 inches) in height by 120 mm (4.7 inches) in width.
The words ``CARGO AIRCRAFT ONLY'' must be shown in letters measuring at
least 6.3 mm (0.25 inches) in height.
* * * * *

0
8. In Sec. 172.448, paragraph (c) is revised to read as follows:


Sec. 172.448 CARGO AIRCRAFT ONLY label.

* * * * *
(c) A CARGO AIRCRAFT ONLY label conforming to the specifications in
this section and in Sec. 172.407(c)(2) in effect on October 1, 2008,
may be used until January 1, 2013.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
9. The authority citation for part 173 continues to read as follows:

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


0
10. In Sec. 173.4a, paragraphs (c)(1), (e)(3)(i), and (g)(2) are
revised to read as follows:


Sec. 173.4a Excepted quantities.

* * * * *
(c) * * *
(1) For toxic material with a Division 6.1 primary or subsidiary
hazard, PG I or II--
(i) 1 g (0.04 ounce) for solids; or
(ii) 1 mL (0.03 ounce) for liquids;
* * * * *
(e) * * *
(3) * * *
(i) Will absorb the entire contents of the inner packaging.
* * * * *
(g) * * *
(2) The marking must not be less than 100 mm (3.9 inches) by 100 mm
(3.9 inches), and must be durable and clearly visible.
* * * * *
0
11. In Sec. 173.29, paragraph (b)(2)(iv)(B) is revised to read as
follows:


Sec. 173.29 Empty packagings.

* * * * *
(b) * * *
(2) * * *
(iv) * * *
(B) A Division 2.2 non-flammable gas, other than ammonia,
anhydrous, and with no subsidiary hazard, at a gauge pressure less than
200 kPa (29.0 psig); at 20 [deg]C (68 [deg]F); and
* * * * *

0
12. In Sec. 173.62, in the paragraph (c)(5) Table of Packing Methods,
packing instruction entry 114(b) is revised to read as follows:


Sec. 173.62 Specific packaging requirements for explosives.

* * * * *
(c) * * *
(5) * * *

Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Intermediate
Packing instruction Inner packagings packagings Outer packagings
----------------------------------------------------------------------------------------------------------------

* * * * * * *
114(b) This packing instruction Bags Not necessary........ Boxes.
applies to dry solids paper, kraft ..................... natural wood, ordinary
PARTICULAR PACKING REQUIREMENTS OR plastics ..................... (4C1).
EXCEPTIONS:. textile, sift-proof ..................... natural wood, sift-proof
1. For UN 0077, 0132, 0234, 0235 woven plastics, sift- ..................... walls (4C2).
and 0236, packagings must be lead proof. ..................... plywood (4D).
free. ........................ ..................... reconstituted wood (4F).
2. For UN 0160 and UN 0161, when Receptacles ..................... fiberboard (4G).
metal drums (1A2 or 1B2) are used ................... ..........................
as the outer packaging, metal fiberboard Drums.
packagings must be so constructed metal steel, removable head
that the risk of explosion, by paper (1A2).
reason of increased internal plastics aluminum, removable head
pressure from internal or external woven plastics, sift- (1B2).
causes, is prevented. proof. plywood (1D).
3. For UN 0160, UN 0161, and UN fiber (1G).
0508, inner packagings are not plastics, removable head
necessary if drums are used as the (1H2).
outer packaging.
4. For UN 0508 and UN 0509, metal
packagings must not be used.

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

Sec. 173.115 [Amended]

0
13. In Sec. 173.115, in paragraph (b)(1), the number ``25.9'' is
revised to read ``29.0''.

0
14. In Sec. 173.159a, the section heading is revised to read as set
for below and in paragraph (b), the word ``nonspillable'' is revised to
read ``non-spillable'' in each place it appears.


Sec. 173.159a Exceptions for non-spillable batteries.

* * * * *

0
15. In Sec. 173.206, paragraph (c) is revised to read as follows:


Sec. 173.206 Packaging requirements for chlorosilanes.

* * * * *
(c) Except for transportation by passenger aircraft, the following
single packagings are authorized:
Steel drum: 1A1
Steel jerrican: 3A1

[[Page 73]]

Plastic receptacle in steel drum: 6HA1
Cylinders (for liquids in PG I), specification or UN standard, as
prescribed for any compressed gas, except Specification 3HT and those
prescribed for acetylene
Cylinders (for liquids in PG II), specification, as prescribed for
any compressed gas, except Specification 8 and 3HT cylinders.

0
16. In Sec. 173.220, in paragraph (d), the first sentence is revised
to read as follows:


Sec. 173.220 Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, and
battery powered vehicles or equipment.

* * * * *
(d) Lithium batteries. Except as provided in Sec. 172.102, Special
Provision A101 of this subchapter, vehicles, engines and machinery
powered by lithium metal batteries that are transported with these
batteries installed are forbidden aboard passenger-carrying aircraft. *
* *
* * * * *

0
17. In Sec. 173.230, paragraphs (e)(2)(i) and (ii) and (f)(2) through
(4) are revised to read as follows:


Sec. 173.230 Fuel cell cartridges containing hazardous material.

* * * * *
(e) * * *
(2) * * *
(i) Fuel cell cartridges packed with equipment must be packed with
cushioning material or divider(s) or inner packagings so that the fuel
cell cartridges are protected against damage that may be caused by the
shifting or placement of the equipment and cartridges within the
packaging.
(ii) Fuel cell cartridges contained in equipment must be protected
against short circuits and the entire fuel cell system must be
protected from unintentional activation. The equipment must be securely
cushioned in the outer packaging.
(f) * * *
(2) For fuel cell cartridges contained in equipment, fuel cell
systems must not charge batteries during transport;
(3) For transportation aboard passenger aircraft, for fuel cell
cartridges contained in equipment, each fuel cell system and fuel cell
cartridge must conform to IEC PAS 62282-6-1 Ed. 1 (IBR, see Sec. 171.7
of this subchapter) or a standard approved by the Associate
Administrator;
(4) When packed with equipment, fuel cell cartridges must be packed
in an intermediate packaging along with the equipment they are capable
of powering, and the intermediate packagings packed in a strong outer
packaging. The maximum number of fuel cell cartridges in the
intermediate packaging may not be more than the number required to
power the equipment, plus two spares;
* * * * *

0
18. In Sec. 173.306, paragraph (a)(5)(v) is revised, paragraph
(a)(5)(vi) is redesignated as paragraph (a)(5)(vii), and new paragraph
(a)(5)(vi) is added to read as follows:


Sec. 173.306 Limited quantities of compressed gases.

(a) * * *
(5) * * *
(v) Except as provided in paragraph (a)(5)(vi) of this section,
each container must be subjected to a test performed in a hot water
bath; the temperature of the bath and the duration of the test must be
such that the internal pressure reaches that which would be reached at
55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the liquid phase
does not exceed 95% of the capacity of the container at 50 [deg]C (122
[deg]F). If the contents are sensitive to heat, or if the container is
made of plastic material which softens at this test temperature, the
temperature of the bath must be set at between 20 [deg]C (68 [deg]F)
and 30 [deg]C (86 [deg]F) but, in addition, one container in 2,000 must
be tested at the higher temperature. No leakage or permanent
deformation of a container may occur except that a plastic container
may be deformed through softening provided that it does not leak.
(vi) As an alternative to the hot water bath test in paragraph
(a)(5)(v) of this section, testing may be performed as follows:
(A) Pressure and leak testing before filling. Each empty container
must be subjected to a pressure equal to or in excess of the maximum
expected in the filled containers at 55 [deg]C (131 [deg]F) (or 50
[deg]C (122 [deg]F) if the liquid phase does not exceed 95 percent of
the capacity of the container at 50 [deg]C (122 [deg]F). This must be
at least two-thirds of the design pressure of the container. If any
container shows evidence of leakage at a rate equal to or greater than
3.3 x 10-2 mbar[Cdot] L/s at the test pressure, distortion
or other defect, it must be rejected; and
(B) Testing after filling. Prior to filling, the filler must ensure
that the crimping equipment is set appropriately and the specified
propellant is used before filling the container. Once filled, each
container must be weighed and leak tested. The leak detection equipment
must be sufficiently sensitive to detect at least a leak rate of 2.0 x
10-3 mbar[Cdot] L/s at 20 [deg]C (68 [deg]F). Any filled
container which shows evidence of leakage, deformation, or excessive
weight must be rejected.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
19. The authority citation for part 175 continues to read as follows:


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

0
20. In Sec. 175.10, paragraphs (a)(15)(iv)(B) and (a)(18)(ii) are
revised to read as follows:


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

(a) * * *
(15) * * *
(iv) * * *
(B) Is removed and placed in a strong, rigid packaging marked
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that
is properly marked); or
* * * * *
(18) * * *
(ii) The maximum water capacity of a fuel cell cartridge for
hydrogen in a metal hydride may not exceed 120 mL (4 fluid ounces). The
maximum quantity of fuel in all other fuel cell cartridge types may not
exceed:
(A) 200 mL (6.76 ounces) for liquids;
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in
metal fuel cell cartridges; or
(C) 200 g (7 ounces) for solids.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
21. The authority citation for part 178 continues to read as follows:

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


0
22. In Sec. 178.33b, the section heading is revised to read as
follows:


Sec. 178.33b Specification 2S; inner nonrefillable plastic
receptacles.

* * * * *

0
23. Section 178.33b-7 is revised to read as follows:


Sec. 178.33b-7 Design qualification test.

(a) Drop testing. (1) To ensure that creep does not affect the
ability of the container to retain the contents, each new design must
be drop tested as follows: Three groups of twenty-five filled
containers must be dropped from 1.8 m (5.9 ft) on to a rigid, non-
resilient, flat and horizontal surface. One group must be conditioned
at 38 [deg]C (100 [deg]F)

[[Page 74]]

for 26 weeks, the second group for 100 hours at 50 [deg]C (122 [deg]F)
and the third group for 18 hours at 55 [deg]C (131 [deg]F), prior to
performing the drop test. The closure, or sealing component of the
container, must not be protected during the test. The orientation of
the test container at drop must be statistically random, but direct
impact on the valve or valve closure must be avoided.
(2) Criteria for passing the drop test: The containers must not
break or leak.
(b) Design qualification testing must be completed if the design is
manufactured with a new mold or if there is any change in the
properties of the material of construction.

0
24. In Sec. 178.33b-8, the section heading is revised to read as
follows and paragraph (b) is removed and reserved:


Sec. 178.33b-8 Production tests.

* * * * *

0
25. In Sec. 178.703, paragraph (a)(1)(vii) is revised and a new
paragraph (b)(7) is added to read as follows:


Sec. 178.703 Marking of IBCs.

(a) * * *
(1) * * *
(vii) The stacking test load in kilograms (kg). For IBCs not
designed for stacking, the figure ``0'' must be shown.
* * * * *
(b) * * *
(7) The symbol applicable to an IBC designed for stacking or not
designed for stacking, as appropriate, must be marked on all IBCs
manufactured, repaired or remanufactured after January 1, 2011 as
follows:
(i)
[GRAPHIC] [TIFF OMITTED] TR04JA10.097

(ii) Display the symbol in a durable and visible manner.
(iii) The symbol must not be less than 100 mm (3.9 inches) by 100
mm (3.9 inches).
(iv) For IBCs designed for stacking, the maximum permitted stacking
load applicable when the IBC is in use must be displayed with the
symbol. The mass in kilograms (kg) marked above the symbol must not
exceed the load imposed during the design test, as indicated by the
marking in paragraph (a)(1)(vii) of this section, divided by 1.8. The
letters and numbers indicating the mass must be at least 12 mm (0.48
inches).

Issued in Washington, DC on December 17, 2009, under authority
delegated in 49 CFR part 1.
M. Cynthia Douglass,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. E9-30556 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-60-P
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