[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