[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60745-60755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23873]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 130, 171, 172, 173, 174, 177, 178, 179, and 180

RIN 2137-AF03
[Docket No. PHMSA-2013-0158 (HM-244F)]


Hazardous Materials: Minor Editorial Corrections and 
Clarifications (RRR)

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

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors, makes minor 
regulatory changes and, in response to requests for clarification, 
improves the clarity of certain provisions in the Hazardous Materials 
Regulations (HMR). 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 1, 2013. The incorporation by reference 
of certain publications listed in the rule was approved by the Director 
of the Federal Register as of January 7, 2013.

FOR FURTHER INFORMATION CONTACT: Neal Suchak, Standards and Rulemaking 
Division, 202-366-8553, PHMSA, East Building, PHH-10, 1200 New Jersey 
Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 
I. Background
II. Section-by-Section Review
III. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Orders 12866 and 13563 and DOT Regulatory Policies 
and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272 and DOT 
Policies and Procedures
    F. Executive Order 13563 Improving Regulation and Regulatory 
Review
    G. Unfunded Mandates Reform Act of 1995
    H. Paperwork Reduction Act
    I. Environmental Impact Analysis
    J. Regulation Identifier Number (RIN)
    K. Privacy Act

[[Page 60746]]

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
annually reviews the Hazardous Materials Regulations (HMR; 49 CFR Parts 
171-180) to identify typographical errors, outdated addresses or other 
contact information, and similar errors. In this final rule, we are 
correcting typographical errors, incorrect references to the Code of 
Federal Regulations (CFR) and international standards citations, 
inconsistent use of terminology, misstatements of certain regulatory 
requirements, and inadvertent omissions of information. Because these 
amendments do not impose new requirements, notice and public comment 
are unnecessary. By making these amendments effective without the 
customary 30-day delay following publication, the changes will appear 
in the next published revision of title 49 of the CFR.

II. Section-by-Section Review

    The following is a section-by-section summary of the minor 
editorial corrections and clarifications made in this final rule.

Part 107

Section 107.402
    This section prescribes the requirements for application for 
designation as a certification agency. Paragraph (d) of this section 
specifically describes the requirements to become a Fireworks 
Certification Agency (FCA). These requirements were adopted in a final 
rule entitled ``Hazardous Materials: Revision to Fireworks Regulations 
(RRR)'' published on July 16, 2013 (Docket No. PHMSA-2010-0320 (HM-
257); 78 FR 42473, effective August 16, 2013). Paragraph (d)(1)(ii) 
adopted in this rulemaking details the work experience an employee of a 
FCA would need to possess, specifically ``experience in manufacturing 
or testing of Division 1.4G consumer fireworks.'' It was not PHMSA's 
intent to unnecessarily limit FCA employees to only those dealing with 
low hazard fireworks as those employees with experience in 
manufacturing or testing of higher hazard explosives and fireworks 
would be qualified to conduct the work of an FCA. Therefore, in this 
rulemaking PHMSA is amending 107.402(d)(1)(ii) by replacing the 
specific language ``Division 1.4G consumer fireworks'' with the more 
generic term ``fireworks or explosives.''
Section 107.801
    This section describes the purpose and scope of subpart I of Part 
107 regarding the approval of Independent Inspection Agencies, Cylinder 
Requalifiers, and Non-domestic Chemical Analyses and Tests of DOT 
Specification Cylinders. Paragraph (b) of this section contains the 
typographical error ``Administratior.'' PHMSA is correcting this 
spelling error to read ``Administrator.''
Section 107.803
    This section provides instructions for the approval of an 
Independent Inspection Agency (IIA). Paragraph (c) describes the 
application information that each applicant must submit to become an 
IIA. The reference in Sec.  107.803(c)(6) to subparagraph (c)(3) is 
incorrect. Currently, Sec.  107.803(c)(6) references subparagraph 
(c)(3) when referring to a certifying inspection agency. This reference 
is incorrect as subparagraph (c)(3) refers to the applicant. PHMSA is 
revising Sec.  107.803(c)(6) to correctly reference subparagraph 
(c)(5), which clarifies that an identification number or qualification 
number should be assigned to each inspector employed by the applicant.

Part 171

Section 171.23
    This section describes requirements for specific materials and 
packagings transported under the International Civil Aviation 
Organization (ICAO) Technical Instructions, International Maritime 
Dangerous Goods (IMDG) Code, Transport Canada Transportation of 
Dangerous Goods (TDG) Regulations, or the International Atomic Energy 
Agency (IAEA) Regulations. Subparagraph (a)(4) describes the filling of 
cylinders for export or use on board a vessel. PHMSA amended this 
subparagraph in a final rule published on September 13, 2011 (Docket 
No. PHMSA-2011-0134 (HM-244D); 76 FR 177, effective October 13, 2011), 
at which time Sec.  171.23(a)(4)(iii) was inadvertently omitted. The 
change made to Sec.  171.23 in the publication of the final rule (HM-
244D) was solely to correct paragraph (a)(4)(ii), where the word 
``density'' was misspelled as ``ensity.'' No other changes to this 
section were intended. PHMSA is revising this section to reinsert the 
requirement for the bill of lading or other shipping paper to include 
the certification statement: ``This cylinder has (These cylinders have) 
been qualified, as required, and filled in accordance with DOT 
requirements for export.''

Part 172

Section 172.101
    This section contains the Hazardous Materials Table (HMT) and 
explanatory text for each of the columns in the table. Paragraph (c) of 
this section describes column 2: hazardous materials descriptions and 
proper shipping names. Subparagraph (c)(6) describes what may be used 
when a proper shipping name includes a concentration or concentration 
range. While the HMR permits the use of the percent sign (%) in other 
sections of the regulations (for example, the organic peroxide table; 
Sec.  173.225), it does not specifically state that it may be 
substituted for the word ``percent'' in a proper shipping name listed 
in the HMT. International standards permit the use of the percent sign 
(%) in place of the word ``percent.'' Therefore, PHMSA is clarifying 
Sec.  172.101(c)(6) to note that the percent sign (%) is permitted and 
may be used in place of the word ``percent.''
    The proper shipping name for the entry ``Helium, compressed, UN 
1046'' is italicized in the Sec.  172.101 HMT. This is incorrect, as 
italicized text indicates that the words are not part of a proper 
shipping name but may be used in addition to the proper shipping name. 
It was not PHMSA's intent to make words in this proper shipping name 
optional. In this final rule, PHMSA is revising the entry ``Helium, 
compressed, UN1046'' to read ``Helium, compressed, UN1046.''
    The entry for ``Hydrogen iodide solution, see Hydriodic acid'' is 
incorrect in the Sec.  172.101 HMT. The row showing information for 
this material as a packing group III should not be shown in the Sec.  
172.101 HMT. The intention of this entry is to make reference to the 
entry ``Hydriodic acid, UN1787,'' and the inclusion of a row showing 
information for packing group III could cause confusion that the 
reference to Hydriodic Acid applies only for materials of that packing 
group. Therefore, PHMSA is revising this entry to remove information 
from additional rows under ``Hydrogen iodide solution, see Hydriodic 
acid.''
    The entry for ``Neon, compressed, UN1065'' is being revised to 
realign the columns of the Sec.  172.101 HMT in the correct order. 
Information currently in column 5 of the Sec.  172.101 HMT should be 
moved one column to the right. Subsequently, information currently in 
columns 6-10 should be moved two columns to the right.
    The entry for ``Nitrocellulose, with not more than 12.6 percent, by 
dry mass mixture with or without plasticizer, with or without pigment, 
UN2557'' is incorrect in the Sec.  172.101 HMT. The

[[Page 60747]]

entry should include the word ``nitrogen,'' and read ``Nitrocellulose, 
with not more than 12.6 percent nitrogen, by dry mass mixture with or 
without plasticizer, with or without pigment.'' The word ``nitrogen'' 
was omitted inadvertently when PHMSA published a final rule on October 
1, 2007 (Docket No. PHMSA-2007-29245 (HM-244); 72 FR 55678, effective 
October 1, 2007), when the entry was intended to be changed for 
consistency with the United Nations (UN) Model Regulations. The entry 
in the UN Model Regulations for UN2557 includes the word ``nitrogen.'' 
PHMSA is revising this entry for consistency with the UN Model 
Regulations.
Section 172.102
    This section prescribes the special provisions assigned to Sec.  
172.101 HMT entries. On January 19, 2011 PHMSA published, and made 
effective a final rule, (Docket No. PHMSA-2009-0126 (HM-215K); 76 FR 
12), which amended special provision 149. This special provision 
authorizes an increased amount of certain Class 3 (flammable liquid) 
materials in PG II that are transported as limited quantities or 
consumer commodities. It was revised to indicate that the exception 
provided may not be used for transportation by aircraft. However, the 
previous regulatory text for special provision 149 was not removed from 
the HMR resulting in two entries under special provision 149. 
Therefore, PHMSA is amending Sec.  172.102(c)(1) to remove the second 
entry for special provision 149.
    In the same rulemaking (HM-215K), Sec.  172.102(c)(1) special 
provision T9 was amended. Special provisions found in Sec.  
172.102(c)(7) with a ``T'' code apply to Portable Tanks. This final 
rule changed column 5 of special provision T9 to indicate use of the 
portable tank as prohibited for liquids. The previous bottom opening 
requirements remain in the table inadvertently. Therefore, PHMSA is 
revising special provision T9 to remove the incorrect duplicative 
entry, and consequently, the reference to Sec.  178.275 in column 5. 
Additionally, PHMSA is revising the Table of Portable Tank T Codes to 
reformat special provision T21 because as it appears currently, all 
information in the table was inadvertently shifted one column to the 
right.
Section 172.203
    This section provides shippers with additional requirements for 
hazardous materials descriptions on shipping papers. Paragraph (k) of 
this section prescribes the requirements applicable to technical names. 
On December 29, 2006, PHMSA published a final rule (Docket No. PHMSA-
06-25476 (HM-215I); 7 FR 78596, effective January 1, 2007), which 
harmonized many regulations within the HMR in accordance with 
international standards. Among these changes, was the order in which a 
hazardous materials shipping description should be entered on a 
shipping paper. Originally, the proper order was proper shipping name 
followed by hazard class, UN identification number, and packing group. 
Based on the changes made under Docket HM-215I, the new order of 
hazardous materials shipping descriptions is: UN identification number, 
followed by the proper shipping name, hazard class, and packing group. 
This new sequence had a mandatory compliance date of January 1, 2013. 
PHMSA is revising Sec.  172.203(k) introductory text and subparagraph 
(k)(1) to reflect the proper sequence for a hazardous materials 
description on a shipping paper in the examples given in this 
paragraph.
Section 172.400
    This section provides the general labeling requirements. Paragraph 
(b) of this section contains a table for the appropriate label in 
accordance with column 6 of the HMT. The entry for Class 3 is incorrect 
in the first column and reads ``3 (flammable liquid) Combustible 
Liquid'' and PHMSA is revising it to ``3 Flammable Liquid (Combustible 
liquid)'' to accurately describe the general labeling requirements.
Section 172.512
    The placarding requirements for freight containers and aircraft 
unit load devices are described in Sec.  172.512. The reference in 
Sec.  172.512(b)(1)(iii) to part 7; chapter 2, section 2.7 of the ICAO 
Technical Instructions in this sub-subparagraph is inaccurate. This 
reference became inaccurate when the 2013-2014 publication of the ICAO 
Technical Instructions re-designated part 7; chapter 2; section 2.6 as 
a new requirement for visibility of labels, moving all subsequent 
sections up. Part 7; chapter 2, section 2.7 of the ICAO Technical 
Instructions now refers to replacement of labels, whereas section 2.8 
refers to identification of unit load devices containing dangerous 
goods. PHMSA is revising this sub-subparagraph for the correct 
reference to cite part 7; chapter 2, section 2.8.
Section 172.604
    This section describes the requirements for providing an emergency 
response telephone number. Paragraph (d) of this section gives 
exceptions to this requirement and lists what materials are not 
required to be accompanied by an emergency response telephone number. 
The exception in subparagraph Sec.  172.604(d)(1) includes the word 
``and'' at the end, suggesting that a material must be offered for 
transportation as a limited quantity as well as have a proper shipping 
name that is listed in subparagraph Sec.  172.604(d)(2). This is not 
the intent of this regulation and PHMSA is revising subparagraph Sec.  
172.604(d)(1) in an effort to eliminate any confusion by removing the 
word ``and'' at the end, to indicate that these are two separate 
exceptions to the requirement to provide an emergency response 
telephone number. This correction would create consistency with 
similarly structured sections of the HMR.

Part 173

Section 173.22
    This section prescribes the shipper's responsibilities required for 
the offering for transportation of a hazardous material in commerce. In 
sub-subparagraph Sec.  173.22(a)(4)(ii), the requirements to retain 
closure notifications for a bulk package or cylinder are described. In 
the last sentence of this sub-subparagraph, the HMR reads that 
subsequent offerors of a ``filed'' and otherwise properly prepared 
unaltered package are not required to maintain manufacturer 
notification (including closure instruction). PHMSA is revising this 
sub-subparagraph to replace the word ``filed'' with ``filled.''
Section 173.62
    This section provides packaging instructions for Class 1 explosive 
materials. Paragraph (b) of this section contains the explosives table 
which specifies the packaging instructions assigned to each explosive 
UN number. PHMSA inadvertently omitted an entry for UN0501 in this 
table. ``Propellant, solid, UN0501'' was added to the HMT when PHMSA's 
predecessor agency, the Research and Special Programs Administration 
(RSPA),published a final rule on June 21, 2001, (Docket No. RSPA-2000-
7702 (HM-215D); 66 FR 33316, effective October 1, 2001), in an effort 
to harmonize the HMR with international standards. When ``Propellant, 
solid, UN0501'' was added to the HMT, the corresponding entry in the 
explosives table in Sec.  173.62(b) was not made. PHMSA is revising the 
explosives table in Sec.  172.62(b) by adding the entry for UN0501 and 
the reference to its corresponding packing instruction, 114(b). This 
change captures our

[[Page 60748]]

original intent to align the requirements with those provided in the UN 
Model Regulations.
Section 173.124
    This section defines classification criteria for Class 4 hazardous 
materials. Paragraph (a) defines a Division 4.1 (flammable solid) 
material. The reference in Sec.  173.124(a)(2)(iv) identifies tests to 
classify self-reactive materials. It currently references Figure 14.2 
in the UN Manual of Tests and Criteria, however there is no such 
figure. The appropriate table reference should be Figure 20.1 (a-b) in 
the UN Manual of Tests and Criteria, which is a flow chart scheme for 
self-reactive substances and organic peroxides. PHMSA is revising this 
section to reflect the correct reference to the UN Manual of Tests and 
Criteria.
Section 173.199
    This section provides packaging requirements for Category B 
infectious substances. Paragraph (d) provides requirements for 
refrigerated or frozen specimens (ice, dry ice, and liquid nitrogen). 
Subparagraph (d)(2) says ``The package is marked ``Carbon dioxide, 
solid'' or ``Dry ice'' and an indication that the material being 
refrigerated is used for diagnostic treatment purposes (e.g., frozen 
medical specimens).'' The language in this paragraph was adopted when 
PHMSA published a final rule on June 2, 2006 (Docket No. PHMSA-2004-
16895 (HM-226A); 71 FR 32243, effective October 1, 2006), revising the 
requirements applicable to infectious substances. However to alleviate 
confusion and provide consistency within the HMR, this requirement 
should read ``diagnostic or treatment purposes'' as it does in Sec.  
173.217(d), which provides the packaging requirements for carbon 
dioxide, solid (dry ice). PHMSA is revising Sec.  173.199(d)(2) to 
correct the inconsistency.
Section 173.220
    This section prescribes requirements for the transportation of 
internal combustion engines, self-propelled vehicles, mechanical 
equipment containing internal combustion engines, battery-powered 
equipment or machinery, and fuel cell-powered equipment or machinery. 
Subparagraph Sec.  173.220(a)(1) provides details on determining 
whether the engine contains a liquid or gaseous fuel. Under the second 
sentence of this subparagraph, an engine may be considered as not 
containing fuel when the engine components and fuel lines have been 
``completed drained, sufficiently cleaned of residue . . .'' The word 
``completed'' is intended to read ``completely.'' This same 
typographical error appears in Sec.  173.220(a)(2). PHMSA is revising 
these subparagraphs to replace the word ``completed'' with 
``completely.''
Section 173.301
    This section prescribes the general requirements for shipment of 
compressed gases and other hazardous materials in cylinders, UN 
pressure receptacles, and spherical pressure vessels. Paragraph (f) of 
this section gives the requirements applicable to pressure relief 
device systems. The reference in Sec.  173.301(f)(1) to subparagraph 
(l)(2) is outdated. Formerly, Sec.  173.301(l)(2) described the filling 
requirements of cylinders for export when not equipped with a pressure 
relief device. On May 3, 2007, PHMSA published a final rule (Docket No. 
PHMSA-2005-23141 (HM-215F); 72 FR 25162, effective October 1, 2007), 
which moved these requirements to Sec.  171.23(a)(5). A correction of 
the reference to Sec.  173.301(l)(2) was inadvertently omitted. 
Therefore, PHMSA is revising Sec.  173.301(f)(1) to correctly reference 
Sec.  171.23(a)(5) to provide the filling requirements of cylinders for 
export when not equipped with a pressure relief device.
    Paragraph (j) of this section provides requirements for non-
specification cylinders in domestic use. The first sentence of this 
paragraph references Sec.  173.23(g). This reference is incorrect as 
173.23(g) refers to previously authorized non-bulk packagings 
manufactured and tested in accordance with subparts L and M of part 
178. The reference should be to Sec.  171.23(a), which identifies the 
requirements for the transportation of foreign cylinders within the 
United States. Requirements applicable to the import and export of 
foreign cylinders into the United States were consolidated into Sec.  
171.23(a) when PHMSA published a final rule on May 3, 2007 (Docket No. 
PHMSA-2005-23141 (HM-215F). PHMSA is revising Sec.  173.301(j) for the 
proper reference.
Section 173.304
    This section describes the requirements for filling of cylinders 
with liquefied compressed gases. Paragraph (d) provides criteria for 
the filling of refrigerant and dispersant gases. PHMSA is correcting 
the title of paragraph (d) by italicizing ``Refrigerant and dispersant 
gases'' to better identify the heading.
Section 173.476
    This section specifies the requirements for approval of special 
form Class 7 (radioactive) materials. Paragraph (d) of this section 
notes that paragraphs (a) and (b) do not apply in those cases where 
A1 equals A2 (i.e., when the maximum activity of 
special form Class 7 (radioactive) material permitted in a Type A 
package equals the maximum activity of a non-special form Class 7 
(radioactive) material permitted in a Type A package) and the material 
is not required to be described on the shipping papers as ``Radioactive 
Material, Special Form, n.o.s.'' On January 26, 2004, RSPA published a 
final rule (Docket No. RSPA-99-6283 (HM-230); 69 FR 3632, effective 
October 13, 2011), in an effort to make the HMR compatible with the 
International Atomic Energy Agency's (IAEA) Safety Standards Series. In 
doing so, many entries in the HMT were revised or removed. The entry 
for ``Radioactive Material, Special Form, n.o.s., UN2974'' was removed. 
In this same final rule, the entries for ``Radioactive Material, Type A 
Package, Special Form, UN3332'' and ``Radioactive Material, Type A 
Package, Special Form, Fissile, UN3333'' were revised to remove the 
``I'' from column 1 of the HMT to indicate they were no longer 
designated for international transportation. At the time of this 
change, the proper shipping name ``Radioactive Material, Special Form, 
n.o.s.'' was not removed from Sec.  173.476(d). PHMSA is revising this 
section to replace the proper shipping name ``Radioactive Material, 
Special Form, n.o.s.'' with ``Radioactive Material, Type A Package, 
Special Form'' or as ``Radioactive Material, Type A Package, Special 
Form, Fissile.''

[[Page 60749]]

Part 178

Section 178.61
    This section provides criteria for specification 4BW welded steel 
cylinders with electric-arc welded longitudinal seam. Subparagraph 
(b)(2) states that material for heads must meet the requirements of 
paragraph (a) of this section or be open hearth, electric or basic 
oxygen carbon steel of uniform quality. The reference to paragraph (a) 
is incorrect, as paragraph (a) describes the type, size and service 
pressure of specification 4BW cylinders and not the type of material 
for the heads. The correct reference is to Sec.  178.61(b)(1), which 
references the specifications for steel found in Table 1 to Appendix A 
of part 178. PHMSA is revising Sec.  178.61(b)(2) to correctly 
reference that the material for heads must meet the requirements of 
(b)(1) of this section.
Section 178.345-3
    This section prescribes requirements for the structural integrity 
of specification cargo tanks. Paragraph (c)(1) addresses stress in the 
cargo tank shell resulting from normal operating loadings. PHMSA is 
correcting the formula in paragraph (c)(1) for the figure 
``SS2'' to read ``SS\2\.''
Section 178.503
    This section describes the requirements for the marking 
requirements for non-bulk performance-oriented packagings. Paragraph 
(a) of this section provides criteria for the marking of packagings to 
represent that they are manufactured to a UN standard. There is an 
inadvertent error in Sec.  178.503(a)(1) that states, ``Except as 
provided in paragraph (e)(1)(ii) of this section, the United Nations 
symbol as illustrated in paragraph (e)(1)(i) of this section (for 
embossed metal receptacles, the letters ``UN'') may be applied in place 
of the symbol;'' The parentheses should be extended in this 
subparagraph. PHMSA is revising Sec.  178.503(a)(1) to read: ``(1) 
Except as provided in paragraph (e)(1)(ii) of this section, the United 
Nations symbol as illustrated in paragraph (e)(1)(i) of this section 
(for embossed metal receptacles, the letters ``UN'' may be applied in 
place of the symbol).''
Section 178.605
    This section prescribes the requirements for hydrostatic pressure 
test of non-bulk UN specification packagings. Paragraph (d) provides 
the test method and pressure to be applied. Non-bulk packagings 
intended to contain hazardous materials in Packing Group I must be 
tested to a minimum test pressure of 250 kPa (36 psig) during the 
hydrostatic pressure test. This statement appears in paragraph (d), 
before the numbered subparagraphs listing the test methods, as well as 
after. PHMSA is amending Sec.  178.605(d) to remove the duplicative 
statement following the numbered subparagraphs of test methods.

III. 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 rule is to remove inadvertent errors in the 
hazardous materials table, grammatical and typographical errors, and, 
in response to requests for clarification, improve the clarity of 
certain provisions in the Hazardous Materials Regulations. The changes 
made in this final rule are considered non-substantive and this is 
published as a direct final rule.

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). Additionally, E.O. 13563 
supplements and reaffirms E.O. 12866, stressing that, to the extent 
permitted by law, an agency rulemaking action must be based on benefits 
that justify its costs, impose the least burden, consider cumulative 
burdens, maximize benefits, use performance objectives, and assess 
available alternatives. This final rule does not impose new or revised 
requirements for hazardous materials shippers or carriers; therefore, 
it is not necessary to prepare a regulatory impact analysis.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 13132 (``Federalism''). This final rule 
does not adopt any regulation that: (1) Has substantial direct effects 
on the states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government; or (2) imposes substantial direct 
compliance costs on state and local governments. PHMSA is not aware of 
any state, local, or Indian tribe requirements that would be preempted 
by correcting editorial errors and making minor regulatory changes. 
This final rule does not have sufficient federalism impacts to warrant 
the preparation of a federalism assessment.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply, and a tribal summary impact statement is not 
required.

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

    This final rule will not have a significant economic impact on a 
substantial number of small entities. This rule makes minor editorial 
changes that will not impose any new requirements on persons subject to 
the HMR; thus, there are no direct or indirect adverse economic impacts 
for small units of government, businesses, or other organizations.

[[Page 60750]]

F. Executive Order 13563 Improving Regulation and Regulatory Review

    Executive Order 13563 supplements and reaffirms the principles, 
structures, and definitions governing regulatory review that were 
established in Executive Order 12866 Regulatory Planning and Review of 
September 30, 1993. In addition, Executive Order 13563 specifically 
requires agencies to: (1) Involve the public in the regulatory process; 
(2) promote simplification and harmonization through interagency 
coordination; (3) identify and consider regulatory approaches that 
reduce burden and maintain flexibility; and (4) ensure the objectivity 
of any scientific or technological information used to support 
regulatory action; consider how to best promote retrospective analysis 
to modify, streamline, expand, or repeal existing rules that are 
outmoded, ineffective, insufficient, or excessively burdensome.
    A complete review of the existing HMR led to the identification of 
various minor errors in the HMR.
    The correction of these errors will clarify current text while 
maintaining the intent of the regulations affected. This final rule is 
designed to address those errors by making non-substantive changes to 
the HMR such as editorial changes, spelling corrections, removal of 
transitional requirements that are no longer applicable and formatting 
modifications. This final rule corrects these errors but does not 
require the application of Executive Order 13563. The final rule does 
however clarify the regulatory text thus improving the regulations.

G. 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.

H. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

I. Environmental Impact Analysis

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), and implementing regulations by the Council on 
Environmental Quality (40 CFR part 1500) require Federal agencies to 
consider the consequences of Federal actions and prepare a detailed 
statement on actions that significantly affect the quality of the human 
environment.
    The purpose of this rulemaking is to correct editorial errors, make 
minor regulatory changes and, in response to requests for 
clarification, improve the clarity of certain provisions in the HMR. 
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. 
Therefore, PHMSA has determined that the implementation of this final 
rule will not have any significant impact on the quality of the human 
environment.

J. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

K. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, 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), which may be viewed at http://www.dot.gov/privacy.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Incorporation by reference, Labeling, 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 178

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

    In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 
104-134 section 31001; Pub. L. 112-141 section 33006; 49 CFR 1.81 
and 1.97.


0
2. In Sec.  107.402, paragraph (d)(1)(ii) is revised to read as 
follows:


Sec.  107.402  Application for designation as a certification agency.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Employ personnel with work experience in manufacturing or 
testing of fireworks or explosives; or a combination of work experience 
in manufacturing or testing of fireworks or explosives and a degree in 
the physical sciences or engineering from an accredited university;
* * * * *


Sec.  107.801  [Amended]

0
3. In Sec.  107.801, in the first sentence of paragraph (b), remove the 
word ``Administratior'' and add the word ``Administrator'' in its 
place.

0
4. In Sec.  107.803, paragraph (c)(6) is revised to read as follows:


Sec.  107.803  Approval of an independent inspection agency (IIA).

* * * * *
    (c) * * *
    (6) An identification or qualification number assigned to each 
inspector who is supervised by a certifying inspector identified in 
paragraph (c)(5) of this section.
* * * * *

[[Page 60751]]

PART 130--OIL TRANSPORTATION

0
5. The authority citation for part 130 is revised to read as follows:

    Authority: 33 U.S.C 1321; 49 CFR 1.81 and 1.97.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.


0
7. In Sec.  171.23, paragraph (a)(4)(iii) is added to read as follows:


Sec.  171.23  Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (a) * * *
    (4) * * *
    (iii) The bill of lading or other shipping paper identifies the 
cylinder and includes the following certification: ``This cylinder has 
(These cylinders have) been qualified, as required, and filled in 
accordance with the DOT requirements for export.''
* * * * *

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

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

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.


0
9. In Sec.  172.101, revise paragraph (c)(6) to read as follows:


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

* * * * *
    (c) * * *
    (6) When a proper shipping name includes a concentration range as 
part of the shipping description, the actual concentration, if it is 
within the range stated, may be used in place of the concentration 
range. For example, an aqueous solution of hydrogen peroxide containing 
30 percent peroxide may be described as ``Hydrogen peroxide, aqueous 
solution with not less than 20 percent but not more than 40 percent 
hydrogen peroxide'' or ``Hydrogen peroxide, aqueous solution with 30 
percent hydrogen peroxide.'' Also, the percent sign (%) may be used in 
place of the word ``percent'' when words in italics containing the word 
``percent'' are used in addition to the proper shipping name.
* * * * *

0
10. In Sec.  172.101, in the Hazardous Materials Table, the following 
entries are revised to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 60752]]



                                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                                  (8) Packaging (Sec.   173.***)             (9) Quantity limitations (see         (10) Vessel stowage
                    materials        Hazard                                                             Special     ---------------------------------------------------  Sec.  Sec.   173.27 and175.75)  -------------------------------
   Symbols      descriptions and    class or     Identification          PG          Label codes       provisions                                                      ----------------------------------
                 proper shipping    division          Nos.                                               (Sec.          Exceptions        Non-bulk           Bulk          Passenger      Cargo aircraft     Location          Other
                      names                                                                             172.102)                                                         aircraft/rail         only
(1)            (2)...............         (3)  (4)..............  (5)............  (6)............  (7)............  (8A)...........  (8B)...........  (8C)...........  (9A)...........  (9B)...........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                                              * * * * * * *
               Helium, compressed         2.2  UN1046...........  ...............  2.2............  ...............  306............  302............  302, 314.......  75 kg..........  150 kg.........  A.............  85
 
                                                                                                              * * * * * * *
               Hydrogen iodide
                solution, see
                Hydriodic acid.
 
                                                                                                              * * * * * * *
               Neon, compressed..         2.2  UN1065...........  ...............  2.2............  ...............  306, 307.......  302............  None...........  75 kg..........  150 kg.........  A.............
 
                                                                                                              * * * * * * *
               Nitrocellulose,            4.1  UN2557...........  II.............  4.1............  44.............  151............  212............  240............  1 kg...........  15 kg..........  D.............  28, 36
                with not more
                than 12.6 percent
                nitrogen, by dry
                mass mixture with
                or without
                plasticizer, with
                or without
                pigment.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 60753]]

* * * * *

0
11. Amend Sec.  172.102 as follows:
0
a. In paragraph (c)(1), remove the first entry for special provision 
149.
0
b. In paragraph (c)(7)(ii), in the Table of Portable Tank T Codes T1-
T22, revise the entries for T9 and T22.
    The revisions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (7) * * *
    (ii) * * *

                                      Table of Portable Tank T Codes T1-T22
   [Portable tank codes T1-T22 apply to liquid and solid hazardous materials of classes 3 through 9 which are
                                         transported in portable tanks]
----------------------------------------------------------------------------------------------------------------
                                                       Minimum shell
                                                     thickness (in mm-     Pressure-relief      Bottom opening
    Portable tank instruction       Minimum test      reference steel)    requirements (see    requirements (see
                                   pressure (bar)        (see Sec.        Sec.   178.275(g))  Sec.   178.275(d))
                                                        178.274(d))
(1)                                            (2)  (3)................  (4)................  (5)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
T9..............................                 4  6 mm...............  Normal.............  Prohibited for
                                                                                               liquids.
 
                                                  * * * * * * *
T21.............................                10  10 mm..............  Normal.............  Prohibited for
                                                                                               liquids. Sec.
                                                                                               178.275(d)(2).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
12. In Sec.  172.203, paragraphs (k) introductory text and (k)(1) are 
revised to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (k) Technical names for ``n.o.s.'' and other generic descriptions. 
Unless otherwise excepted, if a material is described on a shipping 
paper by one of the proper shipping names identified by the letter 
``G'' in column (1) of the Sec.  172.101 Table, the technical name of 
the hazardous material must be entered in parentheses in association 
with the basic description. For example ``UN 1760, Corrosive liquid, 
n.o.s., (Octanoyl chloride), 8, II'', or ``UN 1760, Corrosive liquid, 
n.o.s., 8, II (contains Octanoyl chloride)''. The word ``contains'' may 
be used in association with the technical name, if appropriate. For 
organic peroxides which may qualify for more than one generic listing 
depending on concentration, the technical name must include the actual 
concentration being shipped or the concentration range for the 
appropriate generic listing. For example, ``UN 3102, Organic peroxide 
type B, solid, 5.2, (dibenzoyl peroxide, 52-100%)'' or ``UN 3108, 
Organic peroxide type E, solid, 5.2, (dibenzoyl peroxide, paste, 
<52%)''. Shipping descriptions for toxic materials that meet the 
criteria of Division 6.1, PG I or II (as specified in Sec.  173.132(a) 
of this subchapter) or Division 2.3 (as specified in Sec.  173.115(c) 
of this subchapter) and are identified by the letter ``G'' in column 
(1) of the Sec.  172.101 Table, must have the technical name of the 
toxic constituent entered in parentheses in association with the basic 
description. A material classed as Division 6.2 and assigned 
identification number UN 2814 or UN 2900 that is suspected to contain 
an unknown Category A infectious substance must have the words 
``suspected Category A infectious substance'' entered in parentheses in 
place of the technical name as part of the proper shipping description. 
For additional technical name options, see the definition for 
``Technical name'' in Sec.  171.8. A technical name should not be 
marked on the outer package of a Division 6.2 material (see Sec.  
172.301(b)).
    (1) If a hazardous material is a mixture or solution of two or more 
hazardous materials, the technical names of at least two components 
most predominately contributing to the hazards of the mixture or 
solution must be entered on the shipping paper as required by paragraph 
(k) of this section. For example, ``UN 2924, Flammable liquid, 
corrosive, n.o.s., 3, II (contains Methanol, Potassium hydroxide)''.
* * * * *

0
13. In Sec.  172.400, in the table in paragraph (b), the entry for 
Hazard class or division ``3'' is revised to read as follows:


Sec.  172.400  General labeling requirements.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                         Label design or
   Hazard class or division           Label name             section
                                                            reference
------------------------------------------------------------------------
 
                              * * * * * * *
3 Flammable Liquid              FLAMMABLE LIQUID                 172.419
 (Combustible liquid).           (none).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
14. In Sec.  172.512, paragraph (b)(1)(iii) is revised to read as 
follows:


Sec.  172.512  Freight containers and aircraft unit load devices.

* * * * *
    (b) * * *
    (iii) Is identified as containing a hazardous material in the 
manner provided in part 7; chapter 2, section 2.8, of the ICAO 
Technical Instructions (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
15. In Sec.  172.604, paragraph (d)(1) is revised to read as follows:


Sec.  172.604  Emergency response telephone number.

* * * * *
    (d) * * *

[[Page 60754]]

    (1) Hazardous materials that are offered for transportation under 
the provisions applicable to limited quantities; or
* * * * *

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

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.


0
17. In Sec.  173.22, in paragraph (a)(4)(ii) the last sentence is 
revised to read as follows:


Sec.  173.22  Shipper's responsibility.

* * * * *
    (a) * * *
    (4) * * *
    (ii) * * * Subsequent offerors of a filled and otherwise properly 
prepared unaltered package are not required to maintain manufacturer 
notification (including closure instructions).
* * * * *

0
18. In Sec.  173.62, the table in paragraph (b), the entry for UN0501 
is added to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (b) * * *

                            Explosives Table
------------------------------------------------------------------------
                           ID No.                                 PI
------------------------------------------------------------------------
 
                                * * * * *
UN0501......................................................      114(b)
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
19. In Sec.  173.124, paragraph (a)(2)(iv) is revised to read as 
follows:


Sec.  173.124  Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.

    (a) * * *
    (2) * * *
    (iv) Tests. The generic type for a self-reactive material must be 
determined using the testing protocol from Figure 20.1 (a)-(b) (Flow 
Chart Scheme for Self-Reactive Substances and Organic Peroxides) from 
the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

0
20. In Sec.  173.199, paragraph (d)(2) is revised to read as follows:


Sec.  173.199  Category B infectious substances.

* * * * *
    (d) * * *
    (2) The package is marked ``Carbon dioxide, solid'' or ``Dry ice'' 
and an indication that the material being refrigerated is used for 
diagnostic or treatment purposes (e.g., frozen medical specimens).
* * * * *

0
21. In Sec.  173.220, paragraphs (a)(1) and (2) are revised to read as 
follows:


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

    (a) * * *
    (1) The engine contains a liquid or gaseous fuel. An engine may be 
considered as not containing fuel when the engine components and any 
fuel lines have been completely drained, sufficiently cleaned of 
residue, and purged of vapors to remove any potential hazard and the 
engine when held in any orientation will not release any liquid fuel;
    (2) The fuel tank contains a liquid or gaseous fuel. A fuel tank 
may be considered as not containing fuel when the fuel tank and the 
fuel lines have been completely drained, sufficiently cleaned of 
residue, and purged of vapors to remove any potential hazard;
* * * * *

0
22. In Sec.  173.301, paragraphs (f)(1) and (j) are revised to read as 
follows:


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

* * * * *
    (f) Pressure relief device systems. (1) Except as provided in 
paragraphs (f)(5) and (6) of this section, and Sec.  171.23(a)(5) of 
this subchapter, a cylinder filled with a gas and offered for 
transportation must be equipped with one or more pressure relief 
devices sized and selected as to type, location, and quantity, and 
tested in accordance with CGA S-1.1 (compliance with paragraph 9.1.1.1 
is not required) and CGA S-7. The pressure relief device must be 
capable of preventing rupture of the normally filled cylinder when 
subjected to a fire test conducted in accordance with CGA C-14 (IBR, 
see Sec.  171.7 of this subchapter), or, in the case of an acetylene 
cylinder, CGA C-12 (IBR, see Sec.  171.7 of this subchapter).
* * * * *
    (j) Non-specification cylinders in domestic use. Except as provided 
in Sec. Sec.  171.12(a) and 171.23(a) of this subchapter, a filled 
cylinder manufactured to other than a DOT specification or a UN 
standard in accordance with part 178 of this subchapter, or a DOT 
exemption or special permit cylinder or a cylinder used as a fire 
extinguisher in conformance with Sec.  173.309(a), may not be 
transported to, from, or within the United States.
* * * * *


Sec.  173.304  [Amended]

0
23. In Sec.  173.304, the paragraph (d) subject heading is italicized.
0
24. In Sec.  173.476, paragraph (d) is revised to read as follows:


Sec.  173.476  Approval of special form Class 7 (radioactive) 
materials.

* * * * *
    (d) Paragraphs (a) and (b) of this section do not apply in those 
cases where A1 equals A2 and the material is not 
required to be described on the shipping papers as ``Radioactive 
Material, Type A Package, Special Form'' or as ``Radioactive Material, 
Type A Package, Special Form, Fissile.''

PART 174--CARRIAGE BY RAIL

0
25. The authority citation for part 174 is revised to read as follows:

     Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

PART 177--CARRIAGE BY HIGHWAY

0
26. The authority citation for part 177 is revised to read as follows:

     Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
27. The authority citation for part 178 is revised to read as follows:


    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


0
28. In Sec.  178.61, paragraph (b)(2) is revised to read as follows:


Sec.  178.61  Specification 4BW welded steel cylinders with electric-
arc welded longitudinal seam.

* * * * *
    (b) * * *
    (2) Material for heads must meet the requirements of paragraph 
(b)(1) of this section or be open hearth, electric or basic oxygen 
carbon steel of uniform quality. Content percent may not exceed the 
following: Carbon 0.25, Manganese 0.60, Phosphorus 0.045, Sulfur 0.050. 
Heads must be hemispherical or ellipsoidal in shape with a maximum 
ratio of 2.1. If low carbon steel is used, the thickness of such heads 
must be

[[Page 60755]]

determined by using a maximum wall stress of 24,000 p.s.i. in the 
formula described in paragraph (f)(4) of this section.
* * * * *

0
29. In Sec.  178.345-3, paragraph (c)(1) introductory text is revised 
to read as follows:


Sec.  178.345-3  Structural integrity.

* * * * *
    (c) * * *
    (1) Normal operating loadings. The following procedure addresses 
stress in the cargo tank shell resulting from normal operating 
loadings. The effective stress (the maximum principal stress at any 
point) must be determined by the following formula:

S = 0.5(Sy + Sx)  [0.25(Sy 
- Sx)\2\ + SS\2\]0.5
Where:
* * * * *

0
30. In Sec.  178.503, paragraph (a)(1) is revised to read as follows:


Sec.  178.503  Marking of packagings.

    (a) * * *
    (1) Except as provided in paragraph (e)(1)(ii) of this section, the 
United Nations symbol as illustrated in paragraph (e)(1)(i) of this 
section (for embossed metal receptacles, the letters ``UN'' may be 
applied in place of the symbol);
* * * * *

0
31. In Sec.  178.605, paragraph (d) is revised to read as follows:


Sec.  178.605  Hydrostatic pressure test.

* * * * *
    (d) Test method and pressure to be applied. Metal packagings and 
composite packagings other than plastic (e.g., glass, porcelain or 
stoneware), including their closures, must be subjected to the test 
pressure for 5 minutes. Plastic packagings and composite packagings 
(plastic material), including their closures, must be subjected to the 
test pressure for 30 minutes. This pressure is the one to be marked as 
required in Sec.  178.503(a)(5). The receptacles must be supported in a 
manner that does not invalidate the test. The test pressure must be 
applied continuously and evenly, and it must be kept constant 
throughout the test period. In addition, packagings intended to contain 
hazardous materials of Packing Group I must be tested to a minimum test 
pressure of 250 kPa (36 psig). The hydraulic pressure (gauge) applied, 
taken at the top of the receptacle, and determined by any one of the 
following methods must be:
    (1) Not less than the total gauge pressure measured in the 
packaging (i.e., the vapor pressure of the filling material and the 
partial pressure of the air or other inert gas minus 100 kPa (15 psi)) 
at 55 [deg]C (131 [deg]F), multiplied by a safety factor of 1.5. This 
total gauge pressure must be determined on the basis of a maximum 
degree of filling in accordance with Sec.  173.24a(d) of this 
subchapter and a filling temperature of 15 [deg]C (59 [deg]F);
    (2) Not less than 1.75 times the vapor pressure at 50 [deg]C (122 
[deg]F) of the material to be transported minus 100 kPa (15 psi), but 
with a minimum test pressure of 100 kPa (15 psig); or
    (3) Not less than 1.5 times the vapor pressure at 55 [deg]C (131 
[deg]F) of the material to be transported minus 100 kPa (15 psi), but 
with a minimum test pressure of 100 kPa (15 psig).
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
32. The authority citation for part 179 is revised to read as follows:

     Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
33. The authority citation for part 180 is revised to read as follows:

     Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

    Issued in Washington, DC, on September 25, 2013 under authority 
delegated in 49 CFR part 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-23873 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-60-P