[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23300]


[[Page Unknown]]

[Federal Register: September 21, 1994]


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Part V





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 172 and 174




Performance-Oriented Packaging Standards; Technical Revisions; Final 
Rule
DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 172 and 174

[Docket No. HM-181F; Amdt Nos. 172-137 and 174-77]
RIN 2137-AB89

 
Performance-Oriented Packaging Standards; Technical Revisions; 
Final Rule

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule corrects two errors and clarifies a third 
matter in a September 24, 1993 final rule published under Docket HM-
181F [58 FR 50224], which adopted changes to the regulations based on 
petitions for rulemaking and RSPA's own initiative to help clarify 
certain aspects of a final rule issued on December 21, 1990. The 
intended effect of this final rule is to promote accuracy through 
certain technical revisions. This rule will not impose any new 
requirements on persons subject to the Hazardous Materials Regulations.

EFFECTIVE DATE: The effective date of this final rule is September 21, 
1994.

FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-4488, 
Office of Hazardous Materials Standards, Research and Special Programs 
Administration, Washington DC, 20590-0001 or Edward W. Pritchard, 
telephone (202) 366-0510, Office of Safety Enforcement, Federal 
Railroad Administration, Washington DC, 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    The Research and Special Programs Administration (RSPA) published a 
final rule on December 21, 1990 (Docket HM-181; 55 FR 52402), which 
comprehensively revised the Hazardous Materials Regulations (HMR; 49 
CFR parts 171 to 180) with respect to hazard communication, 
classification, and packaging requirements based on the United Nations 
Recommendations on the Transport of Dangerous Goods. A document 
responding to petitions for reconsideration and containing editorial 
and substantive revisions to the HM-181 final rule was published on 
December 20, 1991 (56 FR 66124). On October 1, 1992, under Docket HM-
181 and HM-189, RSPA issued additional editorial amendments to the 
December 21, 1990 final rule (57 FR 45446).
    A petitioner to the October 1992 final rule stated Special 
Provision B65 in 49 CFR 172.102 was inconsistent because the first 
sentence specified only a DOT 105A500W tank car, while the second 
sentence pertained to the remarking of a DOT 105J500W tank car to a DOT 
105J300W tank car. RSPA revised this special provision in the September 
24, 1993 final rule to clarify that the DOT 105A500W tank car is the 
only authorized tank car for hydrocyanic acid, aqueous solutions and 
hydrogen cyanide, anhydrous stabilized [58 FR 50235]. However, the 
second sentence incorrectly referenced a DOT 105J tank car. Therefore, 
in this final rule, RSPA is correcting the second sentence in Special 
Provision B65 to prescribe the remarking of a DOT105A500W tank car to a 
DOT 105A300W tank car.
    One rail carrier stated its belief that the regulations adopted 
under the December 21, 1990 final rule allowed rail cars moving under 
their own momentum to strike placarded flatcars, including flatcars 
loaded with placarded transport vehicles, freight containers, and bulk 
packagings. In order to clarify this matter, RSPA issued a correction 
in the Docket HM-181F final rule that amended the rail car handling 
requirements in Sec. 174.83(b) [58 FR 50237]. RSPA explained that the 
change was being made so as not to allow an over-speed impact of any 
rail car transporting a Division 1.1 or 1.2 explosive, a Division 2.1 
flammable gas (in a class DOT 113 tank car), or a Division 2.3 
poisonous gas. Additionally, RSPA explained that in order to clarify 
these handling requirements, Sec. 174.83(b) was being restructured to 
reflect the regulatory language that existed prior to December 21, 
1990.
    After publication of the September 24, 1993 final rule, several 
commenters noted that Sec. 174.83(b) prohibited rail cars containing 
all Division 2.3 poisonous gases from moving under their own momentum, 
as opposed to only those containing Division 2.3 Hazard Zone A 
materials. Commenters further noted that the rule did not prohibit the 
movement of rail cars under their own momentum for Division 6.1 Packing 
Group I Hazard Zone A materials. A notice of proposed rulemaking 
published on July 12, 1993, under Docket HM-181F (58 FR 37612), 
proposed revisions to Sec. 174.83(b) applicable to Division 2.3 Hazard 
Zone A and Division 6.1 Packing Group I Hazard Zone A materials; 
however, in the final rule, paragraph (b) was rewritten for clarity and 
did not reflect accurately the applicable categories. Therefore, this 
final rule amends Sec. 174.83(b) to correct these omissions.
    RSPA also is amending Sec. 174.83(b) to clarify that handling 
restrictions apply only to loaded rail cars transporting a Division 1.1 
or 1.2 explosive, a Division 2.3 Hazard Zone A gas or a Division 6.1 PG 
I Hazard Zone A material. The handling restrictions will still apply to 
all class DOT 113 tank cars (both loaded tank cars and those containing 
a residue) that are used to transport a Division 2.1 material, because 
of the design of the inner tank supporting system (see 
Secs. 172.203(g)(2), 179.400-13, and 179.400-26(d)).

Summary of Regulatory Changes by Section

    Section 172.102. Special Provision B65 is amended by changing the 
tank car specifications referenced in the second sentence to read ``DOT 
105A500W'' and ``DOT 105A300W'', respectively.
    Section 174.83. Paragraph (b) introductory text is revised to 
clarify handling restrictions and to prohibit rail cars transporting a 
Division 1.1 or 1.2 explosive, a Division 2.1 flammable gas (in a class 
DOT 113 tank car), a Division 2.3 Hazard Zone A gas or a Division 6.1 
PG I Hazard Zone A material from moving under their own momentum, from 
being coupled into with more force than is necessary to complete the 
coupling, or from being struck by any other rail car moving under its 
own momentum.

Changed Legal Citations

    On July 5, 1994, President Clinton signed H.R. 1758--now Public Law 
(Pub. L.) 103-272--``a bill to revise, codify, and enact without 
substantive change certain general and permanent laws, related to 
transportation,'' including the HMTA. Public Law 103-272, 108 Stat. 745 
(1994). The purpose of Public Law 103-272 was to ``clean-up'' related 
Federal transportation laws and restate them in a format and language 
intended to be easier to understand without changing substantive 
content. Consequently, Public Law 103-272 revised, enacted and codified 
provisions of the Federal hazardous materials transportation law, now 
found at 49 U.S.C. 5101-5127. At the same time, Public Law 103-272 also 
repealed the original statute.
    The legal citations that appear in this document reflect the non-
substantive changes made by Public Law 103-272.

Regulatory Analysis 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. The rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034). The 
original regulatory evaluation has been reexamined but not modified. 
The changes made under this final rule provide clarification and will 
not result in an adverse economic impact on industry.

B. Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). 
Section 5125(b)(1) of Title 49 U.S.C. expressly preempts State, local, 
and Indian tribe requirements on certain covered subjects unless they 
are substantively the same as the Federal requirements. Covered 
subjects are:
    (A) The designation, description, and classification of hazardous 
material;
    (B) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (C) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (D) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (E) The design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subjects under paragraph (B) 
above and, therefore, preempts State, local, or Indian tribe 
requirements not meeting the ``substantively the same'' standard. 
Section 5125(b)(7) of Title 49 U.S.C. provides that if DOT issues a 
regulation concerning any of the covered subjects, after November 16, 
1990, 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 December 21, 1994. Thus, RSPA lacks discretion in 
this area, and preparation of a federalism assessment is not warranted.

C. Regulatory Flexibility Act

    This final rule corrects two errors and clarifies an existing 
requirement in the Hazardous Materials Regulations concerning 
operational requirements for rail carriers. I certify this rule will 
not have a significant economic impact on a substantial number of small 
entities.

D. Paperwork Reduction Act

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

E. 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.

List of Subjects

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labeling, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

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

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

    1. The parenthetical authorities at the end of any sections in part 
172 are removed and the authority citation is revised to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    2. In Sec. 172.102, in paragraph (c)(3), Special Provision B65 is 
amended by revising the second sentence to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (3) * * *
    B65 * * * Each DOT 105A500W tank car must be marked as DOT 
105A300W. * * *
* * * * *
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PART 174--CARRIAGE BY RAIL

    3. The parenthetical authorities at the end of any sections in part 
174 are removed and the authority citation is revised to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    4. In Sec. 174.83, the introductory text in paragraph (b) is 
revised to read as follows:


Sec. 174.83  Switching placarded rail cars, transport vehicles, freight 
containers, and bulk packagings.

* * * * *
    (b) Any loaded rail car placarded for a Division 1.1 or Division 
1.2 explosive, a Division 2.3 Hazard Zone A gas or a Division 6.1 PG I 
Hazard Zone A material, or any Class DOT-113 tank car placarded for a 
Division 2.1 flammable gas may not be:
* * * * *
    Issued in Washington, DC on September 14, 1994, under authority 
delegated in 49 CFR part 1.
D.K. Sharma,
Administrator, Research and Special Programs Administration.
[FR Doc. 94-23300 Filed 9-20-94; 8:45 am]
BILLING CODE 4910-13-P