[Federal Register Volume 65, Number 190 (Friday, September 29, 2000)]
[Rules and Regulations]
[Pages 58614-58633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24633]
[[Page 58613]]
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Part III
Department of Transportation
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Research and Special Programs Administration
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49 CFR Parts 107, 171, 172 et al.
Hazardous Materials Regulations: Editorial Corrections and
Clarifications; Final Rule
Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 /
Rules and Regulations
[[Page 58614]]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, 179 and 180
[Docket No. RSPA-00-7755 (HM-189Q)]
RIN 2137-AD47
Hazardous Materials Regulations: Editorial Corrections and
Clarifications
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes, and 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
HMR. The amendments contained in this rule are minor editorial changes
and do not impose new requirements.
EFFECTIVE DATE: October 1, 2000.
FOR FURTHER INFORMATION CONTACT: Charles E. Betts (202) 366-8553,
Office of Hazardous Materials Standards, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
RSPA (we) annually reviews the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180) and the procedural regulations associated
with the HMR (49 CFR part 107) to identify errors causing confusion to
readers. In this final rule, we are correcting typographical errors,
incorrect references to other rules and regulations in the CFR,
inconsistent use of terminology, and misstatements of certain
regulatory requirements. In response to inquiries we received
concerning the clarity of particular requirements specified in the HMR,
we are also making certain other changes to reduce uncertainties and
improve understanding.
Because these amendments do not impose new requirements, notice and
public comment procedures are unnecessary. In addition, making these
amendments effective without the customary 30-day delay following
publication will allow the changes to appear in the next revision of
the CFR.
The following is a section-by-section summary of the amendments
made under this final rule. It does not discuss all minor editorial
corrections (for example, typographical, capitalization and punctuation
errors), changes to legal authority citations and certain other minor
adjustments intended to enhance the clarity of the HMR.
Section-by-Section Review
Part 107
Sections 107.3 and 107.117
Because of Departmental reorganization, we are revising these
sections to replace ``Federal Highway Administration'' with ``Federal
Motor Carrier Safety Administration.''
Section 107.14
We are revising paragraph (a)(1) to provide telephone numbers at
which callers may leave recorded messages.
Sections 107.105, 107.219, and 107.329
We are revising these sections to correct miscellaneous
typographical errors.
Section 107.127
We are revising paragraph (a) to provide information on certain
documents that may be viewed on-line and the Internet address.
Appendix A to Subpart D
We are revising paragraph (c) of Section IV of Appendix A to
correct the amount of the maximum civil penalty that may be assessed
after January 21, 1997.
Part 171
Section 171.1
We are revising paragraph (a) to remove an outdated reference to
intrastate motor carrier transportation.
Section 171.6
We are revising paragraph (b)(2) to revise the table of OMB control
numbers to reflect current control numbers, report title and affected
sections for collection of information.
Section 171.7
We are revising the table of materials incorporated by reference to
remove obsolete references.
Section 171.8
We are revising the definition of ``exemption'' to substitute
``Federal Motor Carrier Safety Administration'' for ``Federal Highway
Administration.'' In addition, we are removing the definition for
``general public'' which was incorporated into the HMR in conjunction
with the Radioactive Protection Program (RPP) under Docket HM-169B (60
FR 50292), a final rule published on September 28, 1995. In a
subsequent final rule published under HM-169B (63 FR 48566) published
on September 10, 1998, we removed the RPP requirements; however, we
overlooked the removal of the definition for ``general public'' which
was exclusive to the RPP. Finally, we are updating the definition of
``preferred route or preferred highway'' to correct an outdated CFR
citation.
Sections 171.11 and 171.12
We are correcting two miscellaneous typographical errors in these
sections.
Section 171.15
In paragraph (a)(2), we are removing outdated CFR references. In
paragraph (a)(5) and in the introductory text in paragraph (b), we are
correcting the name of the organization that receives the incident
notifications.
Part 172
Section 172.101
In paragraph (g), we are adding a sentence to clarify that
requirements for applying EMPTY labels are in Sec. 173.428. In the
paragraph (g) table, we are adding an entry for the INFECTIOUS
SUBSTANCE label that had been inadvertently omitted.
The Hazardous Materials Table (HMT)
We are amending the HMT by correcting various typographical,
capitalization and punctuation errors. We are correcting certain other
errors such as removing obsolete reference (``see'') entries and
obsolete ID numbers appearing in the italicized portion of certain
proper shipping names. In addition, we are correcting the order of the
qualifying words ``flammable'' and ``toxic'' for the following proper
shipping names: ``Pyrethroid pesticide, liquid, toxic, flammable, flash
point less than 23 degrees C,'' UN3350; ``Pyrethroid pesticide, liquid,
flammable, toxic, flash point not less than 23 degrees C,'' UN3351;
``Thiocarbamate pesticide, liquid, flammable, toxic, flash point not
less than 23 degrees C,'' UN3005; and ``Triazine pesticides, liquid,
flammable, toxic, flash point less than 23 degrees C,'' UN2764. The
qualifying words ``flammable'' and ``toxic'' were printed in the
incorrect order under a final rule, HM-215C (64 FR 10742) published on
March 5, 1999. Although the corrected order is the preferred order, as
provided in Sec. 172.101(c)(4), when qualifying words are used as part
of the proper shipping name, their sequence is optional for markings
and shipping paper descriptions. For two reference (``see'') entries,
we are removing the
[[Page 58615]]
word ``commercial.'' Under HM-215C, we removed the word from certain
Class 1 (explosive) material entries, however, failed to remove the
word from the reference entries. Some HMT revisions appear as
``remove'' and ``add'' and, therefore, readers should review all
regulatory text revisions for a complete view of the changes.
Appendices A and B to Sec. 172.101
In Table 1 to Appendix A, we are correcting several printing
errors. We are removing the first of two duplicate entries for ``DDE''
and ``4,4'-DDE.'' In addition, we are adding reportable quantity (RQ)
entries for four materials for which RQs were omitted. In Appendix B,
we are removing three asterisks from the entry for ``PCBs'' that were
originally included in error.
Section 172.102
We are revising Special Provision A52 to change the phrase ``Type I
shipping containers'' to ``Category I shipping containers.'' This
change makes the language of the special provision consistent with the
terminology used in Air Transport Association Specification 300.
In paragraph (c)(2), we are revising Special Provision B13 to
correct CFR references changed by revisions to the cargo tank
specifications. We are revising Special Provision B14 to remove an
expired transition provision.
Section 172.203
We are revising paragraph (d) of this section to remove an obsolete
provision for describing activity levels for packages of radioactive
materials.
Section 172.310
We are correcting a typographical error in paragraph (a).
Section 172.400a
We are revising paragraph (a)(7) to clarify that the exception from
labeling in Sec. 173.427(a)(6)(vi) also applies to surface contaminated
objects.
Section 172.403
We are revising paragraph (a) to remove the reference to
Sec. 173.428 which was revised and is no longer relevant to the
labeling requirements specified in Sec. 172.403. In addition, we are
revising paragraph (g) to remove an obsolete provision for labeling
packages of radioactive materials.
Section 172.505
We are revising paragraph (a) to correct the section reference ``
``Sec. 172.203(m)(3)'' to `` Sec. 172.203(m)(2)''.
Section 172.556
We are revising paragraph (a) to correct the illustration for the
RADIOACTIVE placard to show that the yellow background color on the top
half of the placard may extend only to the inner border. This revision
makes the placard illustration consistent with placard specification
prescribed in Sec. 172.519(d)(4).
Section 172.558
We are revising paragraph (a) to correct the illustration for the
CORROSIVE placard to show that the base of the white triangle in the
upper portion of the placard must be 38 mm 5 mm (1.5
inches 0.2 inches) above the placard horizontal center
line, as prescribed in paragraph (b).
Section 172.604
We are revising paragraph (a) to remove the reference to a ``24-
hour'' emergency response telephone number. Consistent with
Sec. 172.604(b), the emergency response telephone number must be
monitored at all times the hazardous material is in transportation,
which may not be 24 hours in all situations.
Part 173
Section 173.4
We are amending this section to add a note following paragraph
(a)(6) that was inadvertently removed due to a printing error in an
earlier revision.
Section 173.7
We are revising paragraph (e), added under Docket HM-218, August
18, 2000, (65 FR 50460), effective October 1, 2000, to clarify the
marking and labeling requirements for certain Class 1 explosives owned
by the Department of Defense (DOD) and packaged prior to January 1,
1990. In the preamble, in Docket HM-218, we stated that the explosives
were excepted from the current marking and labeling requirements,
provided they are marked and labeled in conformance with the
requirements of the HMR that were in effect at the time they were
originally marked and labeled.
Section 173.12
We are revising this section to remove paragraph (d)(2), which
references a provision that no longer appears in Sec. 172.203(m).
Section 173.27
We are revising paragraph (b)(4) to correct the paragraph reference
for the CARGO AIRCRAFT ONLY label from ``Sec. 172.402(b)'' to
``Sec. 172.402(c)''.
Section 173.31
We are revising paragraph (b)(6)(ii) to update the address to which
required tank car reports must be submitted.
Section 173.32
We are editorially revising paragraph (a)(1) for clarity. In
addition, we are correcting section references related to the portable
tank specifications in part 178.
Section 173.34
We are revising paragraph (h) to correct outdated CFR references.
Section 173.62
We are relocating text for entry 137 in the table of packing
methods from column 3 to column 4 to correct a printing error. In
addition, in paragraph (c), in footnote (1)(e)(iv) following the table,
we are correcting a CFR reference.
Section 173.128
In paragraph (d)(1)(ii), we are correcting a CFR reference.
Section 173.132
We are revising paragraph (a)(1)(iii)(B) for consistency with the
table in Sec. 173.133(a)(2)(i). In paragraph (c)(3), we are correcting
a typographical error in the formula.
Section 173.159
We are revising paragraph (a) to specify that electric storage
batteries may not be packed with other materials except as provided in
paragraphs (g) and (h) of this section and in Secs. 173.220 and
173.222. The reference to paragraph (g) was inadvertently omitted due
to a printing error.
Section 173.166
We are revising paragraph (d)(3), added under Docket HM-218 (65 FR
50461) to provide for the transportation of a recycled air bag module
or a seat belt pretensioner by rail freight and cargo vessel. In the
preamble of Docket HM-218, we stated that the amendment will facilitate
transportation of these devices for recycling and eliminate the need
for exemption DOT-E 12189 granted to the Automotive Recyclers
Association and several other grantees. During the HM-218 rulemaking
proceedings, RSPA revised the exemption to authorize rail freight and
cargo vessel as additional authorized modes of transportation. In this
final rule, we are amending paragraph (d)(3) to reflect the revision to
the exemption.
[[Page 58616]]
Sections 173.181, 173.224, 173.225, 173.304, and 173.306
We are making changes to remove or replace outdated CFR references.
Section 173.315
Effective December 31, 1990, the MC 331 cargo tank specification in
Sec. 178.337 was revised. Among other revisions, requirements for
emergency discharge control systems previously located in Sec. 178.337-
11(c) were revised and moved to Sec. 178.337-11(a). However, through an
oversight, Note 16 to the table in Sec. 173.315(a), which required MC
330 and MC 331 to be equipped with emergency discharge controls
conforming to Sec. 178.337-11(c), was not revised. Effective July 1,
1999, the MC 331 cargo tank specification in Sec. 178.337 was again
revised. Among other revisions, requirements for emergency discharge
control systems previously located in Sec. 178.337-11(a) were rewritten
and provisions applicable to opening, inlets, and outlets were
relocated to Sec. 178.337-8(a). Note 16 to the table in Sec. 173.315(a)
was not revised to account for the 1999 changes in Secs. 178.337-8 and
178.337-11. This final rule revises Sec. 173.315(a) to require
openings, inlets, and outlets on MC 330 and MC 331 cargo tanks to
conform to Sec. 178.337-8(a) and to require MC 330 and MC 331 cargo
tanks to be equipped with emergency discharge control systems that
conform to Sec. 178.337-11(a).
In addition, we are revising paragraphs (f) and (o) to correct a
reference.
We are also revising paragraph (i)(4) to correct a typographical
error in the second sentence. The sentence is corrected to indicate
that the start-to-discharge value, not valve, must be visible after the
valve is installed.
Paragraph (n)(5)(iii) includes an inadvertent reference to non-
specification cargo tanks authorized under paragraph (k) of
Sec. 173.315. Paragraph (n)(5)(iii) requires certain cargo tanks in
metered delivery service with capacities over 3,500 gallons to be
equipped with emergency discharge control equipment by the dates
specified. Non-specification cargo tanks authorized for use under
Sec. 173.315(k) are limited to capacities of 3,500 gallons or less.
This final rule removes the inadvertent reference to non-specification
cargo tanks.
Section 173.319
We are revising paragraphs (c) and (d)(2) to correct outdated CFR
references.
Section 173.403
For consistency with the proper shipping name listed in the
Sec. 172.101 Hazardous Materials Table, we are revising the wording for
the definition ``Radioactive instrument and article'' to read
``Radioactive instrument or article.''
Section 173.417
In paragraph (b)(1) Table 4 and in paragraph (b)(2)(ii) Table 5, we
are replacing the symbol ``='' with the universally acknowledged symbol
``.''
Section 173.425
We are correcting the entry for ``Gases'' in Table 7 by replacing
the entry ``Other form'' with ``Normal form.'' ``Other form'' is not a
defined category in the regulations.
Section 173.427
In paragraph (c)(2)(i), we are removing an outdated CFR reference.
Section 173.435
We are revising two references in the table to correct printing
errors.
Part 174
Section 174.290
We are correcting an outdated CFR reference in paragraph (b)(1).
Part 176
Section 176.78
The last sentence, in Sec. 176.78(h)(8), that makes reference to
former Sec. 176.79 is removed.
Section 176.104
In paragraph (g), we are removing an obsolete section reference.
Section 176.166
We are revising paragraph (a)(2) to correct the section reference
``Sec. 176.143 (b)(2)'' by replacing it with ``Sec. 176.142 (b)(2)''.
Sections 176.410 and 176.415
In these sections, we are revising the incorrect UN identification
number ``UN 2072'' by replacing it with ``NA 2072.''
Section 176.905
We are revising paragraph (j) to correct an outdated CFR reference.
Part 177
Section 177.835
Based on comments from the Institute of Makers of Explosives, we
are removing outdated CFR references in paragraph (h), and revising
paragraph (g). The phrase ``explosives for blasting'' is replaced with
the term ``Division 1.5'' and a reference to ``Class A, B and C
explosives'' is removed.
Section 177.843
In paragraph (c), we are correcting the section reference for Class
7 (radioactive) material incidents by adding Secs. 171.15 and 171.16.
Section 177.854
The introductory text in paragraph (d) references sections of part
177 that were removed in a previous revision. This final rule removes
these references.
Part 178
Section 178.37
We are revising an outdated CFR reference in paragraph (g)(4).
Section 178.44
In paragraph (b), in Table 1--Authorized Materials, for
specification 3HT seamless steel cylinders for aircraft use, we are
correcting an error for the entry ``Molybdenum'' by revising the
specification ``0.15/.025'' to read ``0.15/0.25.''
Section 178.65
In paragraph (i), we are removing an outdated CFR reference.
Section 178.337-3
We are revising paragraphs (e) and (g)(2) to include metric
measurements for the metal thicknesses specified.
Sections 178.345-3, 178.345-10, 178.345-13, 178.346, 178.346-1,
178.347-1, and 178.348-1
We are revising several paragraphs in these sections to correct CFR
references changed by revisions to the cargo tank specifications.
Section 178.356-1
In paragraph (c), we are correcting an incorrect reference to
obsolete Sec. 178.118-8(b) for shell closure requirements. We are
redesignating current paragraph (d) as paragraph (e) and adding in new
paragraph (d) the closure requirements formerly contained in obsolete
Sec. 178.118-8(b).
Section 178.606
We are revising paragraph (c)(1) to make minor editorial changes.
Section 178.703
We are revising paragraph (a)(1)(i) to correct an outdated CFR
reference.
[[Page 58617]]
Part 179
Sections 179.100-1, 179.100-3, 179.100-9, 179.100-13, 179.102-4 and
179.220
We are correcting several outdated CFR references in these
sections.
Section 179.301
In paragraph (a), in the table we are revising the entry for
``Bursting pressure, p.s.i'' to remove an outdated CFR reference and
clarify that the entry refers to the minimum required bursting
pressure.
Sections 179.400-6 and 179.401-1
We are revising several outdated CFR references in these sections.
Part 180
Section 180.352
We are revising paragraph (b)(3)(ii) to correct a CFR reference.
Section 180.405
We are revising several paragraphs in this section to correct CFR
references changed by revisions to the cargo tank specifications.
Section 180.407
Effective July 1, 2000, paragraph (h) was revised to add a delivery
hose assembly and piping test to the leakage test requirements for MC
330, MC 331, and non-specification cargo tank authorized under
Sec. 173.315(k). Paragraph (h)(4) includes a requirement for record
keeping to document the results of the tests. The inclusion of the term
``original hose assembly'' in reference to the date of the tests in
paragraph (h)(4) was inadvertent. To comply with the record keeping
requirements in this paragraph, a Registered Inspector must note the
hose identification number of the hose being tested, the date of the
test, and the condition of the hose assembly and piping system tested.
Paragraph (h)(4) is revised in this final rule to correct this
inadvertent error.
Section 180.519
In paragraphs (b)(1) and (c), we are revising several outdated CFR
references.
Regulatory Analyses and Notices
A. Executive Order 12866 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 according to the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). Because of the minimal
economic impact of this rule, preparation of a regulatory impact
analysis or a regulatory evaluation is not warranted.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does preempt State, local, and Indian tribe requirements but
does not adopt 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 materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125 (b))
that preempts State, local, and Indian tribe requirements on certain
covered subjects. Covered subjects are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or (
(v) 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 (i), (ii), (iii),
(iv), and (v) above and preempts State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard. This
final rule is necessary to enhance the accuracy and reduce
misunderstandings of the HMR.
Federal hazardous materials transportation law provides at
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.
RSPA has determined that the effective date of Federal preemption for
these requirements will be 90 days from the date of publication in the
Federal Register.
C. Executive Order 13084
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of this Executive
Order 13084 do not apply.
D. Regulatory Flexibility Act
I certify that the requirements adopted in this final rule are
applicable to a substantial number of small businesses, but that the
economic impact on these small businesses will not be significant. This
rule makes minor editorial changes which will not impose any new
requirements on persons subject to the HMR; thus, there are no direct
or indirect adverse economic impacts for small units of government,
businesses or other organizations.
E. 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 $100
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.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no person is required to
respond to a collection of information unless it displays a valid OMB
control number. There are no new information collection requirements in
this final rule.
G. 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.
[[Page 58618]]
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
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,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.
Sec. 107.3 [Amended]
1. In Sec. 107.3, in the definition for ``exemption'', the wording
``Federal Highway Administration'' is removed and ``Federal Motor
Carrier Safety Administration'' is added in its place.
2. In Sec. 107.14, the third and fourth sentences in paragraph
(a)(1) are revised to read as follows:
Sec. 107.14 Availability of informal guidance and interpretive
assistance.
(a) Availability of telephonic and Internet assistance. (1) * * *
When the information line is not staffed, callers may leave a recorded
message, which will be answered by the end of the next business day.
The telephone numbers for the information line are: 1-800-HMR-4922
(that is; 1-800-467-4922 toll free), or 202-366-4488 (in the
Washington, D.C. area). * * *
* * * * *
Sec. 107.105 [Amended]
3. In Sec. 107.105, in paragraph (c)(9), at the end of the
paragraph, the semicolon is removed and a period is added in its place.
Sec. 107.117 [Amended]
4. In Sec. 107.117, in paragraph (d)(3), the wording ``Federal
Highway Administration'' is removed and the wording ``Federal Motor
Carrier Safety Administration'' is added in its place.
Sec. 107.127 [Amended]
5. In Sec. 107.127, in paragraph (a), a new sentence is added at
the end of the paragraph to read as follows:
Sec. 107.217 Availability of documents for public inspection.
(a) * * * Documents numbered 11832 and above may also be viewed at
the internet website address http://dms.dot.gov.
* * * * *
Sec. 107.219 [Amended]
6. In Sec. 107.219, in paragraph (c)(1), the wording ``political
subdivision thereof of Indian tribe requirement'' is removed and the
wording ``political subdivision thereof or Indian tribe requirement''
is added in its place.
Sec. 107.329 [Amended]
7. In Sec. 107.329, in paragraph (b), the wording ``and order
issued thereunder'' is removed and the wording ``an order issued
thereunder'' is added in its place.
8. In Part 107, in Appendix A to Subpart D, in Section IV, in
paragraph C, the first sentence is revised as follows:
Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties
* * * * *
IV. Miscellaneous Factors Affecting Penalty Amounts
* * * * *
C. Penalty Increases for Multiple Counts
Under the Federal hazmat law, 49 U.S.C. 5213(a), each violation
of the HMR and each day of a continuing violation (except for
violations pertaining to packaging manufacture or qualification) is
subject to a civil penalty of up to $25,000 ($27,500 for a violation
occurring after January 21, 1997). * * *
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
9. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.1 [Amended]
10. In Sec. 171.1, in paragraph (a)(1), the following changes are
made:
a. The comma after the parenthetical wording ``(except as delegated
at Sec. 1.46(t) of this title)'' is removed and a period is added in
its place.
b. The parenthetical wording ``(except that until October 1, 1998,
this subchapter applies to intrastate carriers by motor vehicle only in
so far as this subchapter relates to hazardous waste, hazardous
substances, flammable cryogenic liquids in portable tanks and cargo
tanks, and marine pollutants).'' is removed.
11. In Sec. 171.6, paragraph (b)(2) table is revised to read as
follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table.
[[Page 58619]]
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Title 49 CFR part or
section where
Current OMB control No. Title identified and
described
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2137-0014................. Cargo Tank Secs. 107.503,
Specification 107.504, 178.320,
Requirements. 178.337, 178.338,
178.345, 180.407,
180.409, 180.413,
180.417.
2137-0018................. Inspection and Secs. 173.24,
Testing of Portable 173.32, 173.32a,
Tank and IBC's. 173.32b, 178.3,
178.245, 178.255,
178.270, 178.703,
178.801, 180.352.
2137-0022................. Testing, Inspection, Secs. 173.34,
and Marking 173.302, 173.303,
Requirements for 173.309, 178.2,
Cylinders. 178.3, 178.35,
178.44, 178.45,
178.46, 178.57,
178.59, 178.60,
178.61, 178.68.
2137-0034................. Hazardous Materials Secs. 172.200,
Shipping Papers and 172.201, 172.203,
Emergency Response 172.204, 172.205,
Information. 172.600, 172.602,
172.604, 172.606,
173.6, 173.7,
173.22, 173.56,
174.24, 174.26,
174.114, 175.30,
175.31, 175.33,
175.35, 176.24,
176.27, 176.30,
176.36, 176.89,
177.817.
2137-0039................. Hazardous Materials Secs. 171.15,
Incident Report. 171.16.
2137-0051................. Rulemaking and Secs. 106.31,
Exemptions Petitions. 106.35, 106.38,
107.5, 107.7,
107.105, 107.107,
107.109, 107.113,
107.117, 107.121,
107.123, 107.125,
107.205, 107.211,
107.215, 107.217,
107.219, 107.221,
107.223.
2137-0510................. RAM Transportation Part 173, Subpart I,
Requirements. Secs. 173.22,
173.411, 173.415,
173.416, 173.417,
173.457, 173.471,
173.472, 173.473,
173.476.
2137-0542................. Cryogenic Liquids Secs. 173.318,
Requirements. 177.816, 177.840,
180.405.
2137-0557................. Approvals for Secs. 107.402,
Hazardous Materials. 107.403, 107.405,
107.503, 107.705,
107.713, 107.715,
107.717, 110.30,
172.101, 172.102,
Special provisions:
26, 29, 53, 55, 60,
105, 118, 121, 125,
129, 131, 133, 136;
172.102, Special
provisions: B45,
B55, B61, B69, B77,
B81; N10, N72; Code:
T42; 173.2a, 173.4,
173.7, 173.21,
173.22, 173.24,
173.28, 173.31,
173.32a, 173.32b,
173.34, 173.51,
173.56, 173.58,
173.59, 173.124,
173.128, 173.159,
173.166, 173.171,
173.214, 173.222,
173.224, 173.225,
173.245, 173.300a,
173.300b, 173.301,
173.305, 173.306,
173.314, 173.315,
173.316, 173.318,
173.334, 173.340,
173.411, 173.433,
173.457, 173.471,
173.472, 173.473,
173.476, 174.50,
174.63, 175.10,
175.701, 176.168,
176.340, 176.704,
178.3, 178.35,
178.47, 178.53,
178.58, 178.270-3,
178.270-13, 178.503,
178.509, 178.605,
178.606, 178.608,
178.801, 178.813.
2137-0559................. Rail Carriers and Secs. 172.102,
Tank Car Tank Special provisions:
Requirements. B45, B46, B55, B61,
B69, B77, B78, B81;
173.10, 173.31,
174.20, 174.50,
174.63, 174.104,
174.114, 174.204,
179.3, 179.4, 179.5,
179.6, 179.7,
179.11, 179.18,
179.22, 179.100-9,
179.100-12, 179.100-
13, 179.100-16,
179.100-17, 179.102-
4, 179.102-17,
179.103-1, 179.103-
2, 179.103-3,
179.103-5, 179.200-
10, 179.200-14,
179.200-15, 179.200-
16, 179.200-17,
179.200-19, 179.201-
3, 179.201-8,
179.201-9, 179.220-
4, 179.220-7,
179.220-8, 179.220-
13, 179.220-15,
179.220-17, 179.220-
18, 179.220-20,
179.220-22, 179.300-
3, 179.300-7,
179.300-9, 179.300-
12, 179.300-13,
179.300-15, 179.300-
20, 179.400-3,
179.400-4, 179.400-
11, 179.400-13,
179.400-16, 179.400-
17, 179.400-19,
179.400-20, 179.500-
5, 179.500-8,
179.500-12, 179.500-
18, 180.505,
180.509, 180.515,
180.517.
2137-0572................. Testing Requirements Secs. 178.2,
for Non-Bulk 178.601.
Packaging.
2137-0582................. Container Secs. 176.27,
Certification 176.172.
Statement.
2137-0586................. Hazardous Materials Part 110.
Public Sector
Training and
Planning Grants.
2137-0595................. Cargo Tank Motor Secs. 173.315,
Vehicles in 178.337-8, 178.337-
Liquefied Compressed 9, 180.405, 180.416.
Gas Service.
------------------------------------------------------------------------
Sec. 171.7 [Amended]
12. In Sec. 171.7, in the table in paragraph (a)(3), the following
changes are made:
a. The entry ``ASTM B 90-69'' is removed.
b. In the entry ``ASTM B 557-84'', in column 2, the reference ``;
178.251'' is removed.
c. In the entry ``ASTM E 8-89'', in column 2, the reference ``;
178.251'' is removed.
d. In the entry ``CGA Pamphlet C-3'', in column 2, the reference
``178.54;'' is removed.
e. The entry for ``Fertilizer Institute'' is removed.
f. The first entry for ``Health and Human Services'' is removed and
the entry for ``Health and Human Services'' following ``ISO 1496-3-
1995(E)'' is placed in alphabetical order.
g. Under Transport Canada, in the entry ``Transportation of
Dangerous Goods Regulations,'' in column 2, the reference ``; 174.11''
is removed.
12a. In Sec. 171.7, in the paragraph (b) table, the entry for the
``Department of Transportation (USDOT)'' is removed.
[[Page 58620]]
Sec. 171.8 [Amended]
13. In Sec. 171.8, the following changes are made:
a. In the definition of ``Exemption'', the parenthetical wording
``(e.g., Federal Highway Administration routing)'' is removed and the
parenthetical wording ``(e.g., Federal Motor Carrier Safety
Administration routing)'' is added in its place.
b. The definition ``General public'' is removed.
c. In the definition ``Preferred route or Preferred highway'', the
wording ``Sec. 177.825(b) of this subchapter.'' is removed and the
wording ``Sec. 397.103 of this title.'' is added in its place.
Sec. 171.11 [Amended]
14. In Sec. 171.11, in paragraph (d)(1), revise ``Sec. 172.203(c)''
to read ``Secs. 172.203(c)''.
Sec. 171.12 [Amended]
15. In Sec. 171.12, in paragraph (b)(2), the ``0'' at the end of
the paragraph is removed.
Sec. 171.15 [Amended]
16. In Sec. 171.15, the following changes are made:
a. In paragraph (a)(2), the parenthetical wording ``(see also
Secs. 174.45, 176.48, and 177.807 of this subchapter)'' is removed.
b. In paragraphs (a)(5) and (b) introductory text, the word
``Department'' is removed and the wording ``National Response Center''
is added in its place.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
17. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
18. In Sec. 172.101, in paragraph (g), a new sentence is added
after the fifth sentence, and in the Label Substitution Table, a new
entry is added in appropriate numerical order to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(g) * * * For ``Empty'' label requirements, see Sec. 173.248 of
this subchapter. * * *
Label Substitution Table
------------------------------------------------------------------------
Label code Label name
------------------------------------------------------------------------
* * * * *
6.2 Infectious substance
* * * * *
------------------------------------------------------------------------
* * * * *
19. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding, in appropriate alphabetical sequence, and revising
the following entries to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 58621]]
Sec. 172.101--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard ------------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label codes Special Passenger Cargo
proper shipping division Numbers provisions Exceptions Non-bulk Bulk aircraft/ aircraft Location Other
names rail only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)............. (3) (4)............ (5)......... (6)............. (7)........ (8A)....... (8B)....... (8C)....... (9A)....... (9B)....... (10A)...... (10B)
[REMOVE]
* * * * * * *
Anhydrous
ammonia, see
Ammonia,
anhydrous.
* * * * * * *
Batteries, wet 8 UN2795......... III......... 8............... ........... 159........ 159........ 159........ 25 kg gross No limit... A......
filled with
alkali,
electric
storage.
* * * * * * *
Battery, wet,
filled with
acid or alkali
with automobile
(or named self-
propelled
vehicle or
mechanical
equipment
containing
internal
combustion
engine) see
vehicles, self-
propelled, etc.
* * * * * * *
Calcium
bisulfite
solution, see
Bisulfites,
inorganic,
aqueous
solutions,
n.o.s.
* * * * * * *
1-Chloro-1, 1-
difluoroethane,
see
Chlorodifluoroe
thanes.
* * * * * * *
Cyclotrimethylen
etrinitramine
and
cyclotetramethy
lenetetranitram
ine mixtures,
wetted or
desensitized
see RDX and HMX
mixtures,
wetted or
desensitized
etc.
* * * * * * *
Dichlorofluorome
thane or
refrigerant gas
R21.
* * * * * * *
1,2-
Dichloro1,1,2,2-
Tetrafluoroeth
ane or
Refrigerant gas
R 114.
* * * * * * *
Dichloropropene
and propylene
dichloride
mixture, see
Propylene
dichloride.
* * * * * * *
Dicycloheptadien
e, see 2,5-
Norbomadiene.
* * * * * * *
Etiologic agent,
see Infectious
substances,
etc).
* * * * * * *
Fluoric acid,
see
Hydrofluoric
acid, solution,
etc.
* * * * * * *
Fuzes,
combination,
percussion and
time, see
Fuzes,
detonating
(UN0257,
UN0367); Fuzes,
igniting
(UN0317,
UN0368).
* * * * * * *
Hexaethyl
tetraphosphate
liquid.
* * * * * * *
Igniter fuse,
metal clad, see
Fuse, igniter,
tubular, metal
clad.
* * * * * * *
Jet perforators,
see Charges,
shaped,
commercial, etc.
Jet tappers,
without
detonator, see
Charges,
shaped,
commercial, etc.
* * * * * * *
Lacquer base or
lacquer chips,
plastic, wet
with alcohol or
solvent, see
Nitrocellulose
(UN2059,
UN2060, UN2555,
UN2556) or
Paint etc.
(UN1263).
* * * * * * *
Liquefied
hydrocarbon
gas, see
Hydrocarbon
gases,
liquefied,
n.o.s., etc.
* * * * * * *
Mobility aids,
see Wheel
chair, electric.
[[Page 58622]]
* * * * * * *
Muriatic acid,
see
Hydrochloric
acid solution.
Musk xylene, see
5-tert-
Butyl2,4,6-
trinitro-m-
xylene.
* * * * * * *
Nitrogen
peroxide, see
Dinitrogen
tetroxide,
liquefied.
* * * * * * *
Nitrogen
tetroxide, see
Dinitrogen
tetroxide,
liquefied.
* * * * * * *
Nonflammable
gas, n.o.s.,
see Compressed
or Liquefied
gases, etc.
(UN1955,
UN1956).
* * * * * * *
Nonliquefied
hydrocarbon
gas, see
Hydrocarbon
gases,
compressed,
n.o.s.
* * * * * * *
Octogen, see
cyclotetramethy
ene
tetranitramine,
etc.
* * * * * * *
Organic peroxide
type A, liquid
or solid.
* * * * * * *
Organic peroxide ........ ............... III......... 6.1............. B1,T14..... 153........ 203........ 242........ 60L........ 220L....... A.......... 40
type F, solid,
temperature
controlled.
* * * * * * *
Organic
pigments, self
heating (both
entries).
* * * * * * *
Pepper spray,
see Aerosols,
etc. or Self-
defense spray,
non-pressurized.
* * * * * * *
Phenylenediamine
s (o-; m-; p-
;).
* * * * * * *
Potassium
bisulfite
solution, see
Bisulfites,
inorganic,
aqueous
solutions,
n.o.s..
* * * * * * *
Potassium
dichloro
isocyanurate or
Potassium
dichloro-s-
triazinetrione,
see
Dichloroisocyan
uric acid, dry
or
Dichloroisocyan
uric acid salts
etc.
* * * * * * *
Potassium metal,
liquid alloy,
see Alkali
metal alloys,
liquid.
* * * * * * *
Pyrethroid
pesticide,
liquid, toxic,
flammable,
flashpoint less
than 23 deg.C.
(Both enties).
* * * * * * *
Pyrethroid
pesticide,
liquid,
flammable,
toxic,
flashpoint not
less than 23
degrees C (all
three entries).
* * * * * * *
RDX, see
Cyclotrimethyle
ne
trinitramine,
etc.
* * * * * * *
Self-defense
spray, aerosol,
see Aerosols,
etc.
* * * * * * *
Shaped charges,
commercial, see
Charges,
shaped,
commercial etc.
* * * * * * *
Signals,
highway, see
Signal devices,
hand;
Fireworks, type
D.
[[Page 58623]]
* * * * * * *
Sulfuretted
hydrogen, see
Hydrogen
sulfide,
liquefied.
* * * * * * *
Thiocarbamate
pesticides,
liquid,
flammable,
toxic, flash
point not less
than 23 degrees
C. (all three
entries).
* * * * * * *
TNT mixed with
aluminum, see
Tritonal.
* * * * * * *
Tractors, see
Vehicles, self
propelled.
* * * * * * *
Triazine
pesticides,
flammable,
toxic, flash
point less than
23 degrees C.
(both entries).
* * * * * * *
White acid, see
Hydrofluoric
acid mixtures.
* * * * * * *
Zinc bisulfite
solution, see
Bisulfites,
inorganic
aqueous
solutions,
n.o.s.
* * * * * * *
[ADD:]
* * * * * * *
Anhydrous
ammonia, see
Ammonia,
anhydrous.
* * * * * * *
Battery, wet,
filled with
acid or alkali
with vehicle or
mechanical
equipment
containing an
internal
combustion
engine, see
Vehicle, etc.
or Engines,
internal
combustion, etc.
* * * * * * *
Bromopropanes... 3 UN2344......... III......... 3............... T2......... 150........ 203........ 242........ 60 L....... 220 L...... A..........
* * * * * * *
Calcium
bisulfite
solution, see
Bisulfites,
aqueous
solutions,
n.o.s.
* * * * * * *
Cyclotrimethylen
etrinitramine
and
cyclotetramethy
lenetetranitram
ine mixtures,
wetted or
desensitized
see RDX and HMX
mixtures,
wetted or
desensitized
etc.
* * * * * * *
Dichlorofluorome 2.2 UN1029......... ............ 2.2............. ........... 306........ 304........ 314, 315... 75 kg...... 150 kg..... A..........
thane or
Refrigerant gas
R21.
* * * * * * *
1,2-Dichloro- 2.2 UN1958......... ............ 2.2............. ........... 306........ 304........ 314, 315... 75 kg...... 150 kg..... A..........
1,1,2,2-
tetrafluoroetha
ne or
Refrigerant gas
R 114.
* * * * * * *
Dichloropropene
and propylene
dichloride
mixture, see
1,2-
Dichloropropane.
* * * * * * *
Dicycloheptadien
e, see Bicyclo
[2,2,1] hepta-
2,5- diene,
inhibited.
* * * * * * *
Etiologic agent,
see Infectious
substances, etc.
* * * * * * *
Fluoric acid,
see
Hydrofluoric
acid, etc.
* * * * * * *
Fuzes,
combination,
percussion and
time, see
Fuzes,
detonating
(UN0257,
UN0367); Fuzes,
igniting
(UN0317,
UN0368).
* * * * * * *
Hexaethyl 6.1 UN1611......... II.......... 6.1............. N76........ None....... 202........ 243........ 5 L........ 60 L....... E.......... 40
tetraphosphate,
liquid.
* * * * * * *
Igniter fuse,
metal clad, see
Fuse, igniter,
tubular, metal
clad.
* * * * * * *
Jet perforators,
see Charges,
shaped, etc.
* * * * * * *
Jet tappers,
without
detonator, see
Charges,
shaped, etc.
[[Page 58624]]
* * * * * * *
Lacquer base or
lacquer chips,
plastic, wet
with alcohol or
solvent, see
Nitrocellulose
(UN2059,
UN2555, UN2556,
UN2557) or
Paint etc
(UN1263).
* * * * * * *
Liquefied
hydrocarbon
gas, see
Hydrocarbon gas
mixture,
liquefied,
n.o.s.
* * * * * * *
Mobility aids,
see Battery
powered
equipment or
Battery powered
vehicle'.
* * * * * * *
Muriatic acid,
see
Hydrochloric
acid.
Musk xylene, see
5-tert-Butyl-
2,4,6-trinitro-
m-xylene.
* * * * * * *
Nitrogen
peroxide, see
Dinitrogen
tetroxide.
* * * * * * *
Nitrogen
tetroxide, see
Dinitrogen
tetroxide.
* * * * * * *
Nonflammable
gas, n.o.s.,
see Compressed
gas, etc. or
Liquefied gas,
etc.
* * * * * * *
Nonliquefied
hydrocarbon
gas, see
Hydrocarbon gas
mixture,
compressed,
n.o.s.
* * * * * * *
2,5-
Norbornadiene,
inhibited, see
Bicyclo [2,2,1]
hepa-2, 5-
diene,
inhibited.
* * * * * * *
Octogen, see
cyclotetra
methylene
tetranitramine,
etc.
Organic peroxide
type A, liquid
or solid.
* * * * * * *
Organic 4.2 UN3313......... II.......... 4.2............. ........... None....... 212........ 241........ 15 kg...... 50 kg...... C..........
pigments, self-
heating.
Organic ........ ............... III......... 4.2............. ........... None....... 213........ 241........ 25 kg...... 100 kg..... C..........
pigments, self-
heating.
* * * * * * *
Pepper spray,
see Aerosols,
etc. or Self-
defense spray,
non-pressurized.
* * * * * * *
Phenylenediamine 6.1 UN1673......... III......... 6.1............. ......... 153........ 213........ 240........ 100kg...... 200kg...... A..........
s (o-, m-, p-).
* * * * * * *
Potassium
bisulfite
solution, see
Bisulfites,
aqueous
solutions,
n.o.s.
* * * * * * *
Potassium
dichloro
isocyanurate or
Potassium
dichloro-s-
triazinetrione,
see
Dichloroisocyan
uric acid, dry
or
Dichloroisocyan
uric acid salts
etc.
* * * * * * *
Potassium metal,
liquid alloy,
see Alkali
metal alloys,
liquid, n.o.s.
* * * * * * *
Pyrethroid 3 UN3350......... I........... 3,6.1........... T24,T26.... None....... 201........ 243........ Forbidden.. 30L........ B.......... 40
pesticide,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
................ ........ ............... II.......... 3,6.1........... T14........ None....... 202........ 243........ 1 L........ 60L........ B.......... 40
* * * * * * *
Pyrethroid 6.1 UN3351......... I........... 6.1, 3.......... T24, T26... None....... 201........ 243........ 1 L........ 30 L....... B.......... 40
pesticide,
liquid, toxic,
flammable,
flash point not
less than 23
degrees C.
................ ........ ............... II.......... 6.1, 3.......... T14........ None....... 202........ 243........ 5 L........ 60 L....... B.......... 40
................ ........ ............... III......... 6.1, 3.......... T14........ 153........ 203........ 241........ 60 L....... 220 L...... B.......... 40
* * * * * * *
RDX, see
Cyclotrimethyle
ne
trinitramine,
etc.
[[Page 58625]]
* * * * * * *
Self-defense
spray, aerosol,
see Aerosols,
etc.
* * * * * * *
Shaped charges,
see Charges,
shaped, etc.
* * * * * * *
Signals,
highway, see
Signal devices,
hand.
* * * * * * *
Sulfuretted
hydrogen, see
Hydrogen
sulfide.
* * * * * * *
Thiocarbamate 6.1 UN3005......... I........... 6.1, 3.......... T42........ None....... 201........ 243........ 1 L........ 30 L....... B.......... 40
pesticide,
liquid, toxic,
flammable,
flash point not
less than 23
degrees C.
................ ........ ............... II.......... 6.1, 3.......... T14........ None....... 202........ 243........ 5 L........ 60 L....... B.......... 40
................ ........ ............... III......... 6.1, 3.......... T13........ 153........ 203........ 242........ 60 L....... 220 L...... A.......... 40
* * * * * * *
TNT mixed with
aluminum, see
Tritonal.
* * * * * * *
Tractors, see
Vehicle, etc.
* * * * * * *
Triazine 3 UN2764......... I........... 3, 6.1.......... ........... None....... 201........ 243........ Forbidden.. 30 L....... B.......... 40
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
................ ........ ............... II.......... 3, 6.1.......... ........... None....... 202........ 243........ 1 L........ 60 L....... B.......... 40
* * * * * * *
White acid, see
Hydrofluoric
acid.
* * * * * * *
Zinc bisulfite
solution, see
Bisulfites,
aqueous
solutions,
n.o.s.
* * * * * * *
[REVISE:]
* * * * * * *
Detonators, non- 1.4S UN0455......... II.......... 1.4S............ ........... 63(f), 62......... None....... 25 kg...... 100 kg..... A..........
electric, for 63(g).
blasting.
* * * * * * *
G.......... Environmentally 9 UN3077......... III......... 9............... 8, B54, N20 155........ 213........ 240........ No limit... No limit... A..........
hazardous
substances,
solid, n.o.s.
* * * * * * *
Ethyl chloride.. 2.1 UN1037......... ............ 2.1............. B77........ None....... 322........ 314, 315... Forbidden.. 150 kg..... B.......... 40
* * * * * * *
Ethyl methyl 2.1 UN1039......... ............ 2.1............. ........... None....... 201........ 314, 315... Forbidden.. 150 kg..... B. 40
ether.
* * * * * * *
Metal catalyst, 4.2 UN2881......... III......... 4.2............. N34........ None....... 187........ 241........ 25 kg...... 100 kg..... C. ...........
dry.
* * * * * * *
G.......... Organic peroxide 5.2 UN3103......... II.......... 5.2............. ........... 152........ 225........ None....... 5 L........ 10 L....... D.......... 12, 40
type C, liquid.
* * * * * * *
Organochlorine 6.1 UN2995......... III......... 6.1, 3.......... B1, T14.... 153........ 203........ 242........ 60 L....... 220 L...... A.......... 40
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C.
* * * * * * *
1-Pentene (n- 3 UN1108......... I........... 3............... T14........ 150........ 201........ 243........ 1 L........ 30 L....... E. ...........
amylene).
* * * * * * *
Refrigerating 2.2 UN2857......... ............ 2.2............. ........... 306, 307... 306........ 306, 307... 450kg...... 450kg...... A. ...........
machines,
containing non-
flammable,
nontoxic,
liquefied gas
or ammonia
solution
(UN2672).
* * * * * * *
I.......... Sulfur.......... 4.1 UN1350......... III......... 4.1............. 30, T1..... None....... None....... 240........ No limit... No limit... A.......... 19, 74
* * * * * * *
G.......... Toxic liquid, 6.1 UN3289......... I........... 6.1, 8.......... T42........ None....... 201........ 243........ 0.5 L...... 2.5 L...... A. ...........
corrosive,
inorganic,
n.o.s.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 58626]]
21. In Appendix A to Sec. 172.101, in Table 1 to Appendix A, the
first entries for DDE and 4,4'-DDE are removed and four entries are
revised to read as follows:
Appendix A to Sec. 172.101--List of Hazardous Substances and
Reportable Quantities
* * * * * * *
Table 1 to Appendix A.--Hazardous Substances Other Than Radionuclides
------------------------------------------------------------------------
Reportable
quantity (RQ)
Hazardous substance pounds
(kilograms)
------------------------------------------------------------------------
[REMOVE]:
DDE (first time it appears)............................. 5000 (2270)
4,4'-DDE (first time it appears)........................ 5000 (2270)
[REVISE]:
* * * *
* * *
K001
Bottom sediment sludge from the treatment of wastewaters 1 (0.454)
from wood preserving processes that use creosote and/or
pentachlorophenol......................................
* * * *
* * *
K003
Wastewater treatment sludge from the production of 10 (4.54)
molybdate orange pigments..............................
* * * *
* * *
K005
Wastewater treatment sludge from the production of 10 (4.54)
chrome green pigments..................................
* * * *
* * *
K007
Wastewater treatment sludge from the production of iron 10 (4.54)
blue pigments..........................................
* * * *
* * *
------------------------------------------------------------------------
* * * * *
22. In Appendix B to Sec. 172.101, in the List of Marine
Pollutants, revise the heading and add an entry in appropriate
alphabetical order to read as follows:
Appendix B To Sec. 172.101--List of Marine Pollutants
* * * * *
List of Marine Pollutants
------------------------------------------------------------------------
S.M.P. (1) Marine pollutant (2)
------------------------------------------------------------------------
* * * * *
PP..................................... PCBs.
* * * * *
------------------------------------------------------------------------
Sec. 172.102 [Amended]
23. In Sec. 172.102, in paragraph (c)(2), Special Provision A52 is
revised; in paragraph (c)(3), in Special Provision B13, paragraph b is
revised; and in Special Provision B14, the last sentence is removed to
read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(2) * * *
Code/Special Provisions
* * * * *
A52 A cylinder containing Oxygen, compressed, may not be loaded
into a passenger-carrying aircraft or in an inaccessible cargo
location on a cargo-only aircraft unless it is placed in an overpack
or outer packaging that conforms to the performance criteria of Air
Transport Association (ATA) Specification 300 for Category I
shipping containers.
* * * * *
(3) * * *
Code/Special Provisions
* * * * *
B13 * * *
b. Packagings equivalent to DOT 406 cargo tanks are excepted
from Secs. 178.345-7(d)(5), circumferential reinforcements; 178.345-
10, pressure relief; 178.345-11, outlets; 178.345-14, marking, and
178.345-15, certification.
* * * * *
Sec. 172.203 [Amended]
24. In Sec. 172.203(d)(4), the second sentence is removed.
25. InSec. 172.310, paragraph (a) is revised to read as follows:
Sec. 172.310 Class 7 (radioactive) materials.
* * * * *
(a) Each package with a gross mass greater than 50 kilograms (110
pounds) must have its gross mass marked on the outside of the package.
* * * * *
26. In Sec. 172.400a, paragraph (a)(7) is revised to read as
follows:
Sec. 172.400a Exceptions from labeling.
(a) * * *
(7) A package of low specific activity radioactive material and
surface contaminated objects, when transported under
Sec. 173.427(a)(6)(vi) of this subchapter.
* * * * *
27. In Sec. 172.403, paragraph (a) is revised and in paragraph
(g)(2) the first sentence is revised and the second sentence is removed
to read as follows:
Sec. 172.403 Class 7 (radioactive) material.
(a) Unless excepted from labeling by Secs. ** 173.421 through
173.427 of this subchapter, each package of radioactive material must
be labeled as provided in this section.
* * * * *
(g) * * *
(2) Activity. Activity units must be expressed in appropriate SI
units (e.g., Becquerels (Bq), Terabecquerels (Tbq), etc.) or in both
appropriate SI units and appropriate customary units (Curies (Ci),
MilliCuries (mCi) microCuries (uCi)), etc.). * * *
* * * * *
28. In Sec. 172.505, paragraph (a) is revised to read as follows:
Sec. 172.505 Placarding for subsidiary hazards.
(a) Each transport vehicle, freight container, portable tank, unit
load device, or rail car that contains a poisonous material subject to
the ``Poison Inhalation Hazard'' shipping description of
Sec. 172.203(m)(2) must be placarded with a POISON INHALATION HAZARD or
POISON
[[Page 58627]]
GAS placard, as appropriate, on each side and each end, in addition to
any other placard required for that material in Sec. 172.504.
Duplication of the POISON INHALATION HAZARD or POISON GAS placard is
not required.
* * * * *
29. In Sec. 172.556, paragraph (a) is revised to read as follows:
Sec. 172.556 RADIOACTIVE placard.
(a) Except for size and color, the RADIOACTIVE placard must be as
follows:
[GRAPHIC] [TIFF OMITTED] TR29SE00.001
* * * * *
30. In Sec. 172.558, paragraph (a) is revised to read as follows:
Sec. 172.558 CORROSIVE placard.
(a) Except for size and color, the CORROSIVE placard must be as
follows:
[[Page 58628]]
[GRAPHIC] [TIFF OMITTED] TR29SE00.002
* * * * *
31. In Sec. 172.604, paragraph (a) introductory text is revised to
read as follows:
Sec. 172.604 Emergency response telephone number.
(a) A person who offers a hazardous material for transportation
must provide an emergency response telephone number, including the area
code or international access code, for use in the event of an emergency
involving the hazardous material. The telephone number must be--
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
32. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
33. In Sec. 173.4, a note is added at the end of paragraph (a)(6)
to read as follows:
Sec. 173.4 Small quantity exceptions.
(a) * * *
(6) * * *
Note to Paragraph (a)(6): Each of the tests in this paragraph
(a)(6) may be performed on a different, but identical, package;
i.e., all tests need not be performed on the same package.
* * * * *
34. In Sec. 173.7, paragraph (e) is revised to read as follows:
Sec. 173.7 U.S. Government material.
* * * * *
(e) Class 1 (explosive) materials owned by the Department of
Defense and packaged prior to January 1, 1990, in accordance with the
requirements of this subchapter in effect at that time, are excepted
from the marking and labeling requirements of part 172 of this
subchapter and the packaging and package marking requirements of part
178 of this subchapter, provided the packagings have maintained their
integrity and the explosive material is declared as ``government-owned
goods packaged prior to January 1, 1990'' on the shipping papers. In
addition, materials owned by the Department of Defense that are marked
and labeled in conformance with the requirements of the HMR that were
in effect at the time they were originally marked and labeled are
excepted from the current marking and labeling requirements.
35. In Sec. 73.12, paragraph (d) is revised to read as follows:
[[Page 58629]]
Sec. 173.12 Exceptions for shipment of waste materials.
* * * * *
(d) Technical names for n.o.s. descriptions. The requirements for
the inclusion of technical names for n.o.s. descriptions on shipping
papers and package markings, Secs. 172.203 and 172.301 of this
subchapter, respectively, do not apply to packages prepared in
accordance with paragraph (b) of this section, except that packages
containing materials meeting the definition of a hazardous substance
must be described as required in Sec. 172.203 of this subchapter and
marked as required in Sec. 172.324 of this subchapter.
Sec. 173.27 [Amended]
36. In Sec. 173.27, in paragraph (b)(4), the wording
``Sec. 172.402(b)'' is removed and the wording ``Sec. 172.402(c)'' is
added in its place.
37. In Sec. 173.31, (b)(6)(ii) is revised to read as follows:
Sec. 173.31 Use of tank cars.
* * * * *
(b) * * *
(6) * * *
(ii) By October 1 of each year, each owner of a tank car subject to
this paragraph (b)(6) shall submit to the Federal Railroad
Administration, Hazardous Materials Division, Office of Safety
Assurance and Compliance, 1120 Vermont Avenue, Mail Stop 25,
Washington, DC 20590, a progress report that shows the total number of
in-service tank cars that need head protection, thermal protection, or
bottom-discontinuity protection; the number of new or different tank
cars acquired to replace those tank cars required to be upgraded to a
higher service pressure; and the total number of tank cars modified,
reassigned, acquired, retired, or removed from service the previous
year.
* * * * *
38. In Sec. 173.32, paragraph (a)(1) is revised to read as follows:
Sec. 173.32 Qualification, maintenance and use of portable tanks other
than Specification IM portable tanks.
(a) * * *
(1) When a portable tank is used as a cargo tank, it must conform
to all the requirements prescribed for cargo tanks. (See Sec. 173.33).
* * * * *
Sec. 173.32 [Amended]
39. In Sec. 173.32, the following changes are made:
a. In paragraph (a)(3), the wording ``Sec. 178.245-1(c)'' is
removed and ``Sec. 178.245-1(e)'' is added in its place.
b. In paragraph (c), the wording ``paragraphs (e)(3) and (4)'' is
removed and ``paragraph (e)(2)'' is added in its place.
40. In Sec. 173.34, paragraph (h) is revised to read as follows:
Sec. 173.34 Qualification, maintenance and use of cylinders.
* * * * *
(h) Repair by welding or brazing of specifications DOT-3A, 3AA, 3B,
3C, cylinders. Repair of specifications DOT-3A, 3AA, 3B or 3C
(Secs. 178.36(e), 178.37(e), or 178.38(e) of this subchapter) cylinders
by welding or brazing authorized, but only for the removal and
replacement of neckrings and footrings attached to cylinders originally
manufactured to conform to Secs. 178.36(a), 178.37(a), and 178.38(a) of
this subchapter. Removal and replacement must be done by a regular
manufacturer of this type of cylinder. After removal and before
replacement of such parts, cylinders must be inspected, and defective
ones rejected. Cylinders, neckrings, footrings, and method of
replacement must conform to Sec. 178.36(e), Sec. 178.37(e), or
Sec. 178.38(e) of this subchapter, whichever applies. Replacement must
be followed by reheat treating, testing, inspection, and supervised and
reported as prescribed by the specification covering their original
manufacture. Inspector's reports must conform with that required by the
specification covering original manufacture with the word ``repaired''
substituted for ``manufactured.'' Show original markings and the new
additional markings added, and statement: ``Cylinders were carefully
inspected for defects after removal of neckrings and after replacement,
which replacement was made by process of ________________ (Welding-
brazing).''.
* * * * *
Sec. 173.62 [Amended]
41. In Sec. 173.62, the following changes are made:
a. In paragraph (c), Table of Packing Methods, for the entry 137,
under column 3 ``Intermediate packagings'', the text under ``Not
necessary'' is transferred to column 4 ``Outer packagings'' under
``Boxes''.
b. In paragraph (c), in footnote (1)(e)(iii) following the Table of
Packing Methods, the wording ``Sec. 176.83 (b)(3)'' is removed and the
wording ``Sec. 178.83 (b)'' is added in its place.
173.128 [Amended]
42. In Sec. 173.128, in paragraph (d)(1)(ii), the wording
``Sec. 173.225(c)(5)'' is removed and the wording ``Sec. 173.225(c)''
is added in its place.
43. In Sec. 173.132, paragraph (a)(1)(iii)(B) is revised to read as
follows:
Sec. 173.132 Class 6, Division 6.1--Definitions.
(a) * * *
(1) * * *
(iii) * * *
(B) A material with a saturated vapor concentration in air at
20 deg.C (68 deg.F) greater than or equal to one-fifth of the
LC50 for acute toxicity on inhalation of vapors and with an
LC50 for acute toxicity on inhalation of vapors of not more
than 5000 ml/mm\3\; or
* * * * *
Sec. 173.132 [Amended]
44. In Sec. 173.132, in the formula, in paragraph (c)(3), revise
``='' to read ``+'' the first time it appears.
45. In Sec. 173.159, paragraph (a) is revised to read as follows:
Sec. 173.159 Batteries, wet.
(a) Electric storage batteries, containing electrolyte acid or
alkaline corrosive battery fluid, must be completely protected so that
short circuits will be prevented; they may not be packed with other
materials except as provided in paragraphs (g) and (h) of this section
and in Secs. 173.220 and 173.222.
* * * * *
46. In Sec. 173.166, paragraph (d)(3) is revised, to read as
follows:
Sec. 173.166 Air bag inflators, air bag modules and seat-belt
pretensioners.
* * * * *
(d) * * *
(3) Shipments for recycling. When offered for domestic
transportation by highway, rail freight, cargo vessel or cargo aircraft
only, a serviceable air bag module or seat-belt pretensioner removed
from a motor vehicle that was manufactured as required for use in the
United States may be offered for transportation and transported without
compliance with the shipping paper requirement prescribed in paragraph
(c) of this section. However, the word ``Recycled'' must be entered on
the shipping paper immediately after the basic description prescribed
in Sec. 172.202 of this subchapter. No more than one device is
authorized in the packaging prescribed in paragraph (e)(1), (2) or (3)
of this section. The device must be cushioned and secured within the
package to prevent movement during transportation.
* * * * *
Sec. 173.181 [Amended]
47. In Sec. 173.181, in paragraph (a)(2), the wording ``, 174.430''
is removed.
[[Page 58630]]
Sec. 173.224 [Amended]
48. In Sec. 173.224, in paragraph (b), in Note 3. Following the
Self-Reactive Substances table, the wording ``paragraph (c)(4)'' is
removed and the wording ``paragraph (c)(3)'' is added in its place.
Sec. 173.225 [Amended]
49. In Sec. 173.225, in paragraph (b), in Note 12. Following the
Organic Peroxide Table, the wording ``paragraph (c)(4)'' is removed and
the wording ``paragraph (c)(2)'' is added in its place.
Sec. 173.304 [Amended]
50. In Sec. 173.304, in paragraph (d)(3)(i), the wording
``178.54,'' is removed.
Sec. 173.306 [Amended]
51. In Sec. 173.306, in paragraph (b) introductory text, the
wording ``Limited quantities of compressed gases, (except poisonous
gases as defined by Sec. 173.115(a)(3) of this part)'' is removed and
the wording ``Limited quantities of compressed gases, (except Division
2.3 gases)'' is added in its place.
Sec. 173.315 [Amended]
52. In Sec. 173.315, the following changes are made:
a. In Sec. 173.315, Note 16 following the table in paragraph (a),
the second sentence in paragraph (i)(4), and paragraph (n)(5)(iii) are
revised.
The revisions read as follows:
b. In paragraph (f), the wording ``paragraph (a)(1)'' is removed
and the wording ``paragraph (a)'' is added in its place.
c. In paragraph (o)(3), the wording ``in Sec. 178.337-11(a)(4) of
this subchapter'' is removed and the wording ``of paragraph (n) of this
section'' is added in its place.
The revisions read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
(a) * * *
Note 16: Openings, inlets, and outlets on MC 330 and MC 331
cargo tanks must conform to Sec. 178.337-8(a) of this subchapter. MC
330 and MC 331 cargo tanks must be equipped with emergency discharge
control equipment as specified in Sec. 178.337-11(a) of this
subchapter.
* * * * *
(i) * * *
(4) * * * The start-to-discharge value must be visible after the
valve is installed. * * *
* * * * *
(n) * * *
(5) * * *
(iii) No MC 330 or MC 331 cargo tank motor vehicle with a capacity
over 13,247 liters (3,500 gallons) used in metered delivery service may
be operated unless it has an appropriate discharge control capability
as specified in this paragraph (n) no later than July 1, 2003, or the
date of its first scheduled pressure retest required after July 1,
2001, whichever is earlier.
* * * * *
Sec. 173.319 [Amended]
53. In Sec. 173.319, the following changes are made:
a. In paragraph (c), the wording ``(see paragraph (a)(4)(iii) of
this section and Sec. 173.31 (c)(13))'' is removed and the wording
``(see paragraph (a)(4)(iii) of this section)'' is added in its place.
b. In paragraph (d)(2), in the Pressure Control Valve Setting or
Relief Valve Setting Table, in the first column, in the last entry, the
wording ``(see Sec. 173.31(a)(9))'' is removed and the wording ``(see
Sec. 180.507(a)(3) of this subchapter)'' is added in its place.
Sec. 173.403 [Amended]
54. In Sec. 173.403, for the definition ``Radioactive instrument
and article'', the wording ``and'' is removed each place it appears and
the wording ``or'' is added in its place.
Sec. 173.417 [Amended]
55. In Sec. 173.417, in paragraph (b)(1), in Table 4 and in
paragraph (b)(2)(ii), in Table 5, the symbol ``='' is removed and the
symbol ``'' is added each place it appears.
Sec. 173.425 [Amended]
56. In Sec. 173.425, in the third entry under ``Gases'' in Table 7,
the wording ``Other form'' is removed and the wording ``Normal form''
is added in its place.
Sec. 173.427 [Amended]
57. In Sec. 173.427, in paragraph (c)(2)(i), the wording
``(Secs. 179.200, 179.201, 179.202 of this subchapter)'' is removed and
the wording ``(Secs. 179.200 and 179.201 of this subchapter)'' is added
in its place.
Sec. 173.435 [Amended]
58. In Sec. 173.435, in the table, the following changes are made:
a. For the entry ``Am-241'', in the column ``Specific activity''
under ``(Tbq/g)'', the expression ``1.3 x 10\1\'' is removed and
``1.3 x 10-\1\'' is added in its place.
b. For the entry ``Cm-244'', in the column ``Specific activity''
under ``(Ci/g)'', the expression ``8.1 x 10\5\'' is removed and ``8.1
x 10\1\'' is added in its place.
PART 174--CARRIAGE BY RAIL
59. The authority citation for part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 174.290 [Amended]
60. In Sec. 174.290, in paragraph (b)(1), the wording ``See
Sec. 174.55 (a)(1) through (4) and Sec. 174.600'' is removed and the
wording ``See Secs. 174.55 and 174.600'' is added in its place.
PART 176--CARRIAGE BY VESSEL
61. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 176.78 [Amended]
62. In Sec. 176.78, in paragraph (h)(8), the last sentence is
removed.
63. In Sec. 176.104, paragraph (g) is revised to read as follows:
Sec. 176.104 Loading and unloading Class 1 (explosive) materials.
* * * * *
(g) Packages of Division 1.1 and 1.2 materials that are not part of
a palletized unit must be loaded and unloaded from a vessel using a
chute, conveyor or a mechanical hoist and a pallet, skipboard, tray or
pie plate fitted with a cargo net or sideboards.
* * * * *
Sec. 176.166 [Amended]
64. In Sec. 176.166, in paragraph (a)(2), the wording
``Sec. 176.143 (b)(2)'' is removed and the wording ``Sec. 176.142
(b)(2)'' is added in its place.
Sec. 176.410 [Amended]
65. In Sec. 176.410, in paragraph (a)(5), the wording ``UN 2072''
is removed and the wording ``NA 2072'' is added in its place.
Sec. 176.415 [Amended]
66. In Sec. 176.415, in paragraph (b)(3), the wording ``UN 2072''
is removed and the wording ``NA 2072'' is added in its place.
Sec. 176.905 [Amended]
67. In Sec. 176.905, in paragraph (j), the wording
``Sec. 173.220(f)'' is removed and the wording ``Sec. 173.220(d)'' is
added in its place.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
68. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
[[Page 58631]]
Sec. 177.835 [Amended]
69. In Sec. 177.835, in the first sentence, in paragraph (h), the
wording ``paragraphs (g), (k), and (m)'' is removed and the wording
``paragraph (g)'' is added in its place and paragraph (g) is revised to
read as follows:
Sec. 177.835 Class 1 (explosive) materials.
* * * * *
(g) No detonator assembly or booster with detonator may be
transported on the same motor vehicle with any Division 1.1, 1.2 or 1.3
material (except other detonator assemblies, boosters with detonators
or detonators), detonating cord Division 1.4 material or Division 1.5
material. No detonator may be transported on the same motor vehicle
with any Division 1.1, 1.2 or 1.3 material (except other detonators,
detonator assemblies or boosters with detonators), detonating cord
Division 1.4 material or Division 1.5 material unless--
(1) It is packed in a specification MC 201 (Sec. 178.318 of this
subchapter) container; or
(2) The package conforms with requirements prescribed in
Sec. 173.63 of this subchapter, and its use is restricted to instances
when--
(i) There is no Division 1.1, 1.2, 1.3 or 1.5 material loaded on
the motor vehicle; and
(ii) A separation of 61 cm (24 inches) is maintained between each
package of detonators and each package of detonating cord; or
(3) It is packed and loaded in accordance with a method approved by
the Department requires that--
(i) The detonators are in packagings as prescribed in Sec. 173.63
of this subchapter which in turn are loaded into suitable containers or
separate compartments; and
(ii) That both the detonators and the container or compartment meet
the requirements of the Institute of Makers of Explosives' Safety
Library Publication No. 22 (incorporated by reference, see Sec. 171.7
of this subchapter).
70. In Sec. 177.843, paragraph (c) is revised to read as follows:
Sec. 177.843 Contamination of vehicles.
* * * * *
(c) In case of fire, accident, breakage, or unusual delay involving
shipments of Class 7 (radioactive) material, see Secs. 171.15, 171.16
and 177.854 of this subchapter.
71. In Sec. 177.854, the introductory text in paragraph (d) is
revised to read as follows:
Sec. 177.854 Disabled vehicles and broken or leaking packages;
repairs.
* * * * *
(d) Transportation of repaired packages. Any package repaired in
accordance with the requirements of paragraph (c)(1) of this section
may be transported to the nearest place at which it may safely be
disposed of only in compliance with the following requirements:
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
72. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.37 [Amended]
73. In Sec. 178.37, in paragraph (g)(4), the wording ``paragraph
(l)(vi)'' is removed and the wording ``paragraph (g)(6)'' is added in
its place.
74. In Sec. 178.44, in paragraph (b), Table 1 is amended by
revising the entry for Molybdenum to read as follows:
Sec. 178.44 Specification 3HT seamless steel cylinders for aircraft
use.
* * * * *
(b) * * *
Table 1.--Authorized Materials
------------------------------------------------------------------------
AISI 4130
Designation (percent)
------------------------------------------------------------------------
* * * * *
Molybdenum.............................................. 0.15/0.25
------------------------------------------------------------------------
* * * * *
Sec. 178.65 [Amended]
75. In Sec. 178.65, in paragraph (i) (1) introductory text, the
wording ``Sec. 173.24 (c)(1)(ii) and (iv) of this subchapter and'' is
removed.
76. In Sec. 178.337-3, paragraphs (e), (g)(2)(i), and the last
three sentences in paragraph (g)(2) introductory text are revised to
read as follows:
Sec. 178.337-3 Structural integrity.
* * * * *
(e) The minimum metal thickness for the shell and heads must be
4.75 mm (0.187 inch) for steel and 6.86 mm (0.270 inch) for aluminum,
except for chlorine and sulfur dioxide tanks. For a cargo tank used in
chlorine or sulfur dioxide service, the cargo tank must be made of
steel. A corrosion allowance of 20 percent or 2.54 mm (0.10 inch),
whichever is less, must be added to the thickness otherwise required
for sulfur dioxide and chlorine tank material. In chlorine cargo tanks,
the wall thickness must be at least 1.59 cm (0.625 inch), including
corrosion allowance.
* * * * *
(g) * * *
(2) * * * However, a pad with a minimum thickness of 6.35 mm (0.250
inch) may be used when the shell or head thickness is over 6.35 mm
(0.250 inch). If weep holes or tell-tale holes are used, the pad must
be drilled or punched at its lowest point before it is welded. Each pad
must:
(i) Extend at least 5.08 cm (2 inches) in each direction from any
point of attachment of an appurtenance;
* * * * *
Sec. 178.345-3 [Amended]
77. In Sec. 178.345-3, in paragraph (f)(3) introductory text, in
the first sentence, the wording ``paragraphs (g)(1) and (g)(2)'' is
removed and the wording ``paragraphs (f)(1) and (f)(2)'' is added in
its place.
Sec. 178.345-10 [Amended]
78. In Sec. 178.345-10, in paragraph (e) introductory text, the
wording ``Sec. 178.348-10(d)'' is removed and the wording
``Sec. 178.348-4'' is added in its place.
Sec. 178.345-13 [Amended]
79. In Sec. 178.345-13, in paragraph (a), the wording ``and
Secs. 178.346-13 (a), 178.347-13 (a) or 178.348-13 (a), as applicable''
is removed.
Sec. 178.346-1 [Amended]
80. In Sec. 178.346-1, the following changes are made:
a. In paragraph (d)(2), the wording ``178.346-3'' is removed and
the wording ``178.345-3'' is added in its place.
b. In paragraph (d)(4), the wording ``, 178.346-14, 178.345-15, and
178.346-15'' is removed and the wording ``and 178.345-15'' is added in
its place.
c. In paragraph (d)(6), the wording ``Secs. 178.345-10 and 178.346-
10'' is removed and the wording ``Sec. 178.345-10'' is added in its
place.
d. In paragraph (d)(7), the wording ``Secs. 178.345-13 and 178.346-
13'' is removed and the wording ``Sec. 178.345-13'' is added in its
place.
Sec. 178.347-1 [Amended]
81. In Sec. 178.347-1, the following changes are made:
a. In paragraph (d)(2), the wording ``178.347-3'' is removed and
the wording ``178.345-3'' is added in its place.
b. In paragraph (d)(4), the wording ``Secs. 178.345-14, 178.347-14,
178.345-15, and 178.347-15'' is removed and the wording
``Secs. 178.345-14 and 178.345-15'' is added in its place.
c. In paragraph (d)(6), the wording ``Secs. 178.345-10 and 178.347-
10'' is
[[Page 58632]]
removed and the wording ``Sec. 178.345-10'' is added in its place.
d. In paragraph (d)(7), the wording ``Secs. 178.345-13 and 178.347-
13'' is removed and the wording ``Sec. 178.345-13'' is added in its
place.
Sec. 178.348-1 [Amended]
82. In Sec. 178.348-1, the following changes are made:
a. In paragraph (e)(2)(ii) the wording ``Sec. 178.348-3'' is
removed and the wording ``Sec. 178.345-3'' is added in its place.
b. In paragraph (e)(2)(iv), the wording ``Secs. 178.345-14,
178.348-14, 178.345-15, and 178.348-15'' is removed and the wording
``Secs. 178.345-14 and 178.345-15'' is added in its place.
c. In paragraph (e)(2)(vi), the wording ``Secs. 178.345-10 and
178.348-10'' is removed and the wording ``Sec. 178.345-10'' is added in
its place.
d. In paragraph (e)(2)(vii), the wording ``Secs. 178.345-13 and
178.348-13'' is removed and the wording ``Sec. 178.345-13'' is added in
its place.
83. In Sec. 178.356-1, the last sentence in paragraph (c) and
paragraph (d) are revised, and a new paragraph (e) is added to read as
follows:
Sec. 178.356-1 General requirements.
* * * * *
(c) * * * Shell closure must conform to paragraph (d) of this
section.
(d) Drums over 5 gallons capacity must be closed by means of 12-
gauge bolted ring with drop forged lugs, one of which is threaded, and
having 3/8 inch bolt and nut for drums not over 30 gallons capacity and
5/8 inch bolt and nut for drums over 30 gallons capacity. Five gallon
drums must be of lug type closure with cover having at least 16 lugs.
(e) Drawings in CAPE-1662, which include bills of material, are a
part of this specification.
84. In Sec. 178.606, the third sentence in paragraph (c)(1) is
revised to read as follows:
Sec. 178.606 Stacking test.
* * * * *
(c) * * *
(1) * * * The duration of the test must be 24 hours, except that
plastic drums, jerricans, and composite packagings 6HH intended for
liquids shall be subjected to the stacking test for a period of 28 days
at a temperature of not less than 40 deg.C (104 deg.F). * * *
* * * * *
Sec. 178.703 [Amended]
85. In Sec. 178.703, in paragraph (a)(1)(i), the wording
``Sec. 178.503(d)(1)'' is removed and the wording
``Sec. 178.503(e)(1)'' is added in its place.
PART 179--SPECIFICATIONS FOR TANK CARS
86. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.100-1 [Amended]
87. In Sec. 179.100-1, in the section heading, the wording
``,179.103, and 179.104'' is removed and the wording ``and 179.103'' is
added in its place.
Sec. 179.100-3 [Amended]
88. In Sec. 179.100-3, the following changes are made:
a. In paragraph (a), in the second sentence, the wording
``Sec. 179.103 or 179.104'' is removed and the wording ``Sec. 179.103''
is added in its place.
b. In paragraph (a), in the third sentence, the wording ``179.101-
1(a) table Note 10'' is removed and the wording ``179.101-1'' is added
in its place.
Sec. 179.100-9 [Amended]
89. In Sec. 179.100-9, in paragraph (a), the last sentence is
removed.
Sec. 179.100-13 [Amended]
90. In Sec. 179.100-13, in paragraph (e), in the last sentence, the
wording `` Sec. 179.101-1 (a)'' is removed and the wording ``
Sec. 179.101-1'' is added in its place.
Sec. 179.102-4 [Amended]
91. In Sec. 179.102-4, in paragraph (a) introductory text, the
wording ``paragraph (b)(1) or (b)(2)'' is removed and the wording
``paragraph (a)(1) or (a)(2)'' is added in its place.
Sec. 179.220-1 [Amended]
92. In Sec. 179.220-1, in the section heading, the wording ``,
179.221, and 179.222'' is removed and the wording ``and 179.221'' is
added in its place.
Sec. 179.301 [Amended]
93. In Sec. 179.301, in paragraph (a), in the table, under the
column heading ``DOT Specification'', the entry ``Bursting pressure,
p.s.i. (see Sec. 179.300-5)'' is revised to read ``Minimum required
bursting pressure, p.s.i.''.
Sec. 179.400-6 [Amended]
94. In Sec. 179.400-6, in paragraph (b), the wording ``
Sec. 179.400-7(d)'' is removed and the wording `` Sec. 179.400-8(d)''
is added in its place.
Sec. 179.401-1 [Amended]
95. In Sec. 179.401-1, in the table, in the first column, in the
eighth entry, the wording ``(see Sec. 179.400-7 (a), (b), and (c))'' is
removed and the wording ``(see Sec. 179.400-8(a) , (b), and (c))'' is
added in its place.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
96. The authority citation for part 180 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 180.352 [Amended]
97. In Sec. 180.352, in paragraph (b)(3)(ii), the wording
``Sec. 178.705(c)(1)(iv)(A)'' is removed and the wording
``Sec. 178.705(c)(1)(iv)'' is added in its place.
Sec. 180.405 [Amended]
98. In Sec. 180.405, the following changes are made:
a. In paragraph (c)(2)(i), the wording ``(see Secs. 178.346-10 and
178.346-11'' is removed and the wording ``(See Secs. 178.346-3 and
178.346-4'' is added in its place.
b. In paragraph (c)(2)(ii), the wording ``(Secs. 178.346-10 and
178.346-11'' is removed and the wording ``(See Secs. 178.346-3 and
178.346-4'' is added in its place.
c. In paragraph (c)(2)(iii), the wording ``(See Secs. 178.347-10
and 178.347-11'' is removed and the wording ``(See Secs. 178.347-4 and
178.345-11'' is added in its place.
d. In paragraph (c)(2)(iv), the wording ``(See Secs. 178.347-10
and178.347-11'' is removed and the wording ``(See Secs. 178.347-4 and
178.345-11'' is added in its place.
e. In paragraph (c)(2)(v), the wording ``(See Secs. 178.348-10 and
178.348-11'' is removed and the wording ``(See Secs. 178.348-4 and
178.345-11'' is added in its place.
f. In paragraph (c)(2)(vi), the wording ``(See Secs. 178.348-10 and
178.348-11'' is removed and the wording ``(See Secs. 178.348-4 and
178.345-11'' is added in its place.
99. In Sec. 180.407, the last sentence in paragraph (h)(4) is
revised to read as follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
* * * * *
(h) * * *
(4) * * * In addition to a written record of the inspection
prepared in accordance with Sec. 180.417(b), the Registered Inspector
conducting the test must note the hose identification number, the date
of the test, and the condition of the hose assembly and piping system
tested.
* * * * *
[[Page 58633]]
Sec. 180.519 [Amended]
100. In Sec. 180.519, the following changes are made:
a. In paragraph (b)(1), in the first sentence, the wording ``,
except as provided in paragraph (b)(8) of this section,'' is removed.
b. In paragraph (c), in the first sentence, the wording
``(Secs. 179.300, 179.301, 179.302 of this subchapter)'' is removed and
the wording ``(Secs. 179.300 and 179.301 of this subchapter)'' is added
in its place.
Issued in Washington, DC, on September 20, 2000 under authority
delegated in 49 CFR part 1.
John P. Murray,
Acting Deputy Administrator, Research and Special Programs
Administration.
[FR Doc. 00-24633 Filed 9-28-00; 8:45 am]
BILLING CODE 4910-60-P