[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30111]


[[Page Unknown]]

[Federal Register: December 12, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 387, 391, 392, and 397

RIN 2125-AD39

 

Federal Motor Carrier Safety Regulations; Technical Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document amends the Federal Motor Carrier Safety 
Regulations (FMCSR) to provide nomenclature changes that will revise 
and update certain regulatory references and terms. Additionally, 
amendments are being made to revise existing hazardous materials 
classifications and descriptions to conform with the United Nations' 
Recommendations on the Transportation of Dangerous Goods. Finally, a 
Schedule of Limits chart pertaining to motor carriers' financial 
responsibility has been removed because the information it contained 
was duplicative of that in another chart elsewhere in the regulations.

EFFECTIVE DATE: This rule is effective January 11, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Brad A. Trullinger, Office of 
Motor Carrier Standards, (202) 366-5764, or Mr. Raymond Cuprill, Office 
of the Chief Counsel, (202) 366-0834, Federal Highway Administration, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The Research and Special Programs 
Administration (RSPA), is the agency within the DOT that has been 
delegated with the responsibility of developing and promulgating 
regulatory requirements for the transportation of hazardous materials. 
The RSPA has issued regulations which identify, define, describe and 
classify hazardous materials. These requirements are codified, 
generally, in the Hazardous Materials Regulations (HMR) at 49 CFR Parts 
171 through 180. The responsibility for enforcement of certain aspects 
of the HMR is delegated to the appropriate modal Administration, and 
for highways, this responsibility rests with the FHWA. The FHWA 
consistently incorporates hazardous materials terminology, 
descriptions, and classifications that are promulgated by the RSPA into 
the FMCSR, as appropriate, in order to maintain uniformity between the 
requirements of the HMR and the requirements of the FMCSR.
    The RSPA published a final rule on December 21, 1990 (55 FR 52402), 
entitled Performance-Oriented Packaging Standards; Changes to 
Classification, Hazard Communication, Packaging and Handling 
Requirements, Based on United Nations' Standards and Agency Initiative. 
This rule comprehensively amended the hazardous materials communication 
requirements in the HMR, based upon the United Nations' Recommendations 
on the Transportation of Dangerous Goods, which are codified at 49 CFR 
Part 107 through 180. Descriptions of certain hazardous materials 
currently found in Parts 387, 391, 392, and 397 are incompatible with 
the RSPA's final rule which incorporated certain aspects of the United 
Nations' Recommendations on the Transportation of Dangerous Goods, into 
the HMR, now codified at 49 CFR Parts 171-180. Hazardous materials such 
as explosives, poison gases, and radioactive materials heretofore have 
been classified in the FMCSR using the descriptive language and 
regulatory requirements of Parts 171 through 177 of the HMR, that were 
in effect prior to the implementation of the United Nations' 
Recommendations. Therefore, in order to effectively carry out its 
responsibility for enforcement of certain parts of the HMR, the FHWA 
has initiated these technical amendments to the FMCSR to provide for 
regulatory consistency and uniformity.
    Minimum Levels of Financial Responsibility for Motor Carriers, 49 
CFR Part 387, was published in the Federal Register on June 11, 1981 
(46 FR 30974-30987). This part set forth requirements for motor 
carriers transporting non-hazardous property, and/or hazardous 
materials or substances, to maintain minimum levels of financial 
responsibility. The levels of financial responsibility vary, depending 
upon whether the cargo being transported is a non-hazardous material, 
or a hazardous material.
    Qualifications of drivers, 49 CFR Part 391, was published in the 
Federal Register on April 22, 1970 (35 FR 6460). The requirements in 
this part establish minimum qualification standards for drivers who 
drive motor vehicles as, or for a motor carrier engaged in interstate 
commerce. This part includes limited exceptions for drivers who are 
otherwise qualified and regularly employed, and were hired before July 
1, 1975. A driver is not subject to the requirements of this part if 
the driver continues regular employment, is transporting certain 
material considered to be hazardous, and transports that hazardous 
material in Intra-state commerce.
    Driving of Motor Vehicles, 49 CFR Part 392, was published in the 
Federal Register on December 25, 1968 (33 FR 19732). Among other 
things, this part requires drivers who drive a motor vehicle to stop at 
all railroad grade crossings, and to utilize, in lieu of flame 
producing devices, emergency reflective triangles or other such 
devices, when transporting certain types of hazardous materials.
    Transportation of Hazardous Materials; Driving and Parking Rules, 
49 CFR Part 397, was published in the Federal Register on March 13, 
1971 (36 FR 4876). This part requires motor carriers to have in place 
various procedures, policies, and documents during the transportation 
of hazardous materials by motor vehicle. Part 397 classified hazardous 
materials using the descriptive language and regulatory requirements of 
the HMR. These classifications, in place since 1971, included 
explosives, flammable liquids, oxidizing materials, and gases.
    The FHWA is making appropriate conforming changes to 49 CFR Parts 
387, 391, 392, and 397 of the FMCSR, that reference any hazardous 
material classification or description, based upon the United Nations' 
Recommendations, the RSPA's adoption of changes to the HMR reflective 
of these recommendations, and the need for international uniformity of 
these regulations. In addition, the FHWA is appropriately making 
nomenclature changes in 49 CFR Part 387 of the FMCSR, to indicate that 
all references made to the ``Bureau of Motor Carrier Safety'', will now 
read, the ``Federal Highway Administration.'' All text references in 
Part 387 referencing the ``Bureau'' will read the ``FHWA.''
    The Schedule of Limits chart as it appears in section 387.9 is 
being amended by removing the ``Note'' directly beneath the chart, and 
replacing it with specific gross vehicle weight rating (GVWR) 
references within the content of the chart itself. Since first 
promulgated, the ``Note'' reference has been confusing. By inserting 
specific weight limits into the text of the ``Type of Carriage'' 
column, the applicability of the financial responsibility requirements 
is more understandable. This final rule also removes a second Schedule 
of Limits chart, currently in section 387.15, because the information 
it contains is duplicative of that in the chart found in Sec. 387.9.

Rulemaking Analyses and Notices

    The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., 
allows agencies engaged in rulemaking to dispense with prior notice and 
opportunity for comment when the agency for good cause finds that such 
procedures are impracticable, unnecessary, or are contrary to the 
public interest. 5 U.S.C. 553(b)(3)(B). As previously discussed, on 
December 21, 1990 (55 FR 52402), the RSPA comprehensively revised the 
regulatory requirements of the HMR with respect to hazard 
communication, classification, and packaging requirements. The 
revisions adopted the United Nations' Recommendations on the 
Transportation of Dangerous Goods, and were intended to further 
international regulatory uniformity. This FHWA final rule changes 
terminology and descriptions used in the FMCSR to reflect the changes 
made by the RSPA to the HMR. These amendments are technical in nature, 
and do not alter any current requirements regarding hazardous 
materials. Accordingly, the FHWA has determined that prior notice to 
the public on this action is unnecessary.
    Moreover, prior notice and opportunity for public comment on this 
document are not required under the Department of Transportation's 
Regulatory Policies and Procedures because it is not anticipated that 
such action will result in the receipt of useful information. This 
action promotes uniformity in the regulatory terminology and 
descriptions contained in the HMR and the FMCSR.

Executive Order 12866 (Regulatory, Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this document does not contain a 
significant regulatory action under Executive Order 12866, or a 
significant regulation as defined under DOT regulatory policies and 
procedures. These amendments are being made without substantive change 
to the existing regulatory language of these parts, and are strictly 
technical in nature. Provided in the amendments is a listing of the new 
hazardous materials classifications and descriptions by their 
respective classes and divisions as they pertain to minimum levels of 
financial responsibility, qualifications of drivers, driving of motor 
vehicles, and driving and parking requirements. It is anticipated that 
the economic impact of this regulatory action will be minimal. 
Therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601-
612, the FHWA has evaluated the effects of this rule on small entities. 
Based upon the evaluation, and the fact that the changes being made to 
current regulatory requirements are merely technical in nature, the 
FHWA hereby certifies that this action will not have a significant 
economic impact on a substantial number of small entities.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1980, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agency has analyzed this action for purposes of the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

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

List of Subjects in 49 CFR Parts 387, 391, 392, and 397

    Hazardous materials transportation, Highways and roads, Financial 
responsibility, Insurance, Motor carriers.

    Issued on: November 30, 1994.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA is amending title 49, 
Code of Federal Regulations, Chapter III, Subchapter B, parts 387, 391, 
392, and 397 as follows:

PART 387--[AMENDED]

    1. The authority citation for part 387 continues to read as 
follows:

    Authority: 49 U.S.C. 10927 note; 49 CFR 1.48.

    2. Section 387.3 is amended by revising paragraph (c) to read as 
follows:


Sec. 387.3  Applicability.

* * * * *
    (c) Exception. (1) The rules in this part do not apply to a motor 
vehicle that has a gross vehicle weight rating (GVWR) of less than 
10,000 pounds. This exception does not apply if the vehicle is used to 
transport any quantity of a Division 1.1, 1.2, or 1.3 material, any 
quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing 
Group I, Hazard Zone A, or to a highway route controlled quantity of a 
Class 7 material as it is defined in 49 CFR 173.403, in interstate or 
foreign commerce.
    (2) The rules in this part do not apply to the transportation of 
non-bulk oil, non-bulk hazardous materials, substances, or wastes in 
intrastate commerce, except that the rules in this part do apply to the 
transportation of a highway route controlled quantity of a Class 7 
material as defined in 49 CFR 173.403, in intrastate commerce.
    3. In Sec. 387.5, the definition of In bulk is revised, the 
definitions of In bulk (Class A and B explosives) and In bulk (poison 
gas) are removed, and the definitions of In bulk (Division 1.1, 1.2, 
and 1.3 explosives) and In bulk (Division 2.3, Hazard Zone A or 
Division 6.1, Packing Group I, Hazard Zone A materials) are added in 
alphabetical order to read as follows:


Sec. 387.5  Definitions.

* * * * *
    In bulk--the transportation, as cargo, of property, except Division 
1.1, 1.2, or 1.3 materials, and Division 2.3, Hazard Zone A gases, in 
containment systems with capacities in excess of 3500 water gallons.
    In bulk (Division 1.1, 1.2, and 1.3 explosives)--the 
transportation, as cargo, of any Division 1.1, 1.2, or 1.3 materials in 
any quantity.
    In bulk (Division 2.3, Hazard Zone A or Division 6.1, Packing Group 
I, Hazard Zone A materials)--the transportation, as cargo, of any 
Division 2.3, Hazard Zone A, or Division 6.1, packing Group I, Hazard 
Zone A material, in any quantity.
* * * * *
    4. Paragraph (d)(3) of Sec. 387.7 is revised to read as follows:


Sec. 387.7  Financial responsibility required.

* * * * *
    (d) * * *
    (3) A written decision, order, or authorization of the Interstate 
Commerce Commission authorizing a motor carrier to self-insure under 
Sec. 1043.5 of this title, provided the motor carrier maintains a 
satisfactory safety rating as determined by the Federal Highway 
Administration under part 385 of this title.
* * * * *
    5. Section 387.9 is revised to read as follows:


Sec. 387.9  Financial responsibility, minimum levels.

    The minimum levels of financial responsibility referred to in 
Sec. 387.7 of this subpart are hereby prescribed as follows:

                                      Schedule of Limits--Public Liability                                      
----------------------------------------------------------------------------------------------------------------
           Type of carriage                              Commodity transported                     Jan. 1, 1985 
----------------------------------------------------------------------------------------------------------------
(1) For-hire (In interstate or         Property (nonhazardous)..................................        $750,000
 foreign commerce, with a gross                                                                                 
 vehicle weight rating of 10,000 or                                                                             
 more pounds).                                                                                                  
(2) For-hire and Private (In           Hazardous substances, as defined in 49 CFR 171.8,               5,000,000
 interstate, foreign, or intrastate     transported in cargo tanks, portable tanks, or hopper-                  
 commerce, with a gross vehicle         type vehicles with capacities in excess of 3,500 water                  
 weight rating of 10,000 or more        gallons; or in bulk Division 1.1, 1.2, and 1.3                          
 pounds).                               materials, Division 2.3, Hazard Zone A, or Division 6.1,                
                                        Packing Group I, Hazard Zone A material; in bulk                        
                                        Division 2.1 or 2.2; or highway route controlled                        
                                        quantities of a Class 7 material, as defined in 49 CFR                  
                                        173.403.                                                                
(3) For-hire and Private (In           Oil listed in 49 CFR 172.101; hazardous waste, hazardous        1,000,000
 interstate or foreign commerce, in     materials, and hazardous substances defined in 49 CFR                   
 any quantity; or in intrastate         171.8 and listed in 49 CFR 172.101, but not mentioned in                
 commerce, in bulk only; with a gross   (2) above or (4) below.                                                 
 vehicle weight rating of 10,000 or                                                                             
 more pounds).                                                                                                  
(4) For-hire and Private (In           Any quantity of Division 1.1, 1.2, or 1.3 material; any         5,000,000
 interstate or foreign commerce, with   quantity of a Division 2.3, Hazard Zone A, or Division                  
 a gross vehicle weight rating of       6.1, Packing Group I, Hazard Zone A material; or highway                
 less than 10,000 pounds).              route controlled quantities of a Class 7 material as                    
                                        defined in 49 CFR 173.403.                                              
----------------------------------------------------------------------------------------------------------------

    6. In Sec. 387.15, Illustration I, the second full paragraph under 
the heading ``Authorized Company Representative'' and the first 
paragraph following the definition of ``Public Liability'' are revised. 
The paragraph beginning ``The Motor Carrier Act of 1980 * * *'', and 
the paragraph beginning ``THE SCHEDULE OF LIMITS SHOWN * * *'', as well 
as the Schedule chart itself are removed. In Illustration II, paragraph 
(2) under the heading ``Governing Provisions'' and the fifth paragraph 
under the heading ``Conditions'' are revised to read as follows:


Sec. 387.15  Forms.

* * * * *

Illustration I

* * * * *

Authorized Company Representative

* * * * *
    Whenever required by the FHWA or the ICC the company agrees to 
furnish the FHWA or the ICC a duplicate of said policy and all its 
endorsements. The company also agrees, upon telephone request by an 
authorized representative of the FHWA or the ICC, to verify that the 
policy is in force as of a particular date. The telephone number to 
call is: ____________
* * * * *

Definitions as Used in This Endorsement

* * * * *
    The insurance policy to which this endorsement is attached 
provides automobile liability insurance and is amended to assure 
compliance by the insured, within the limits stated herein, as a 
motor carrier of property, with sections 29 and 30 of the Motor 
Carrier Act of 1980 and the rules and regulations of the Federal 
Highway Administration and the Interstate Commerce Commission (ICC).
* * * * *

Illustration II

* * * * *

Governing Provisions

* * * * *
    (2) Rules and regulations of the Federal Highway Administration.
* * * * *

Conditions

* * * * *
    The surety agrees, upon telephone request by an authorized 
representative of the FHWA or the ICC, to verify that the surety 
bond is in force as of a particular date. The telephone number is: 
____________
* * * * *
    7. Section 387.17 is revised to read as follows:


Sec. 387.17  Violation and penalty.

    Any person (except an employee who acts without knowledge) who 
knowingly violates the rules of this subpart shall be liable to the 
United States for civil penalty of no more than $10,000 for each 
violation, and if any such violation is a continuing one, each day of 
violation will constitute a separate offense. The amount of any such 
penalty shall be assessed by the FHWA's Associate Administrator for the 
Office of Motor Carriers, by written notice. In determining the amount 
of such penalty, the Associate Administrator, or his/her authorized 
delegate shall take into account the nature, circumstances, extent, the 
gravity of the violation committed and, with respect to the person 
found to have committed such violation, the degree of culpability, any 
history of prior offenses, ability to pay, effect on ability to 
continue to do business, and such other matters as justice may require.

PART 391--[AMENDED]

    8. The authority for Part 391 continues to read as follows:

    Authority: 49 U.S.C. App. 2505; 49 U.S.C. 504 and 3102; 49 CFR 
1.48.

    9. The section heading and paragraphs (a)(1) and (b)(3) of 
Sec. 391.71 are revised to read as follows:


Sec. 391.71  Intrastate drivers of vehicles transporting Class 3 
combustible liquids.

    (a) * * *
    (1) Is transporting Class 3 combustible liquids (as defined in 
Sec. 173.120 of this title), and
* * * * *
    (b) * * *
    (3) Is transporting a Class 3 combustible liquid (as defined in 
Sec. 173.120 of this title), and
* * * * *

PART 392--[AMENDED]

    10. The authority for Part 392 is revised to read as follows:

    Authority: 49 U.S.C. 31136, 31502; 49 U.S.C. 1.48.

    10a. In Sec. 392.10, paragraphs (a)(2) through (a)(5), and 
paragraph (b)(1) are revised to read as follows:


Sec. 392.10  Railroad grade crossings; stopping required.

    (a) * * *
    (2) Every motor vehicle transporting any quantity of a Division 2.3 
chlorine.
    (3) Every motor vehicle which, in accordance with the regulations 
of the Department of Transportation, is required to be marked or 
placarded with one of the following classifications:

(i) Division 1.1
(ii) Division 1.2, or Division 1.3
(iii) Division 2.3 Poison gas
(iv) Division 4.3
(v) Class 7
(vi) Class 3 Flammable
(vii) Division 5.1
(viii) Division 2.2
(ix) Division 2.3 Chlorine
(x) Division 6.1 Poison
(xi) Division 2.2 Oxygen
(xii) Division 2.1
(xiii) Class 3 Combustible liquid
(xiv) Division 4.1
(xv) Division 5.1
(xvi) Division 5.2
(xvii) Class 8
(xviii) Division 1.4

    (4) Every cargo tank motor vehicle, whether loaded or empty, used 
for the transportation of any hazardous material as defined in the 
Hazardous Materials Regulations of the Department of Transportation, 
Parts 107 through 180 of this title.
    (5) Every cargo tank motor vehicle transporting a commodity which 
at the time of loading has a temperature above its flashpoint as 
determined by Sec. 173.120 of this title.
* * * * *
    (b) * * *
    (1) A streetcar crossing, or railroad tracks used exclusively for 
industrial switching purposes, within a business district, as defined 
in Sec. 390.5 of this chapter.
* * * * *
    11. Section 392.25 is revised to read as follows:


Sec. 392.25  Emergency signals; dangerous cargoes.

    No driver shall use or permit the use of any flame-producing 
emergency signal for protecting any motor vehicle transporting Division 
1.1, Division 1.2, or Division 1.3 explosives; any cargo tank motor 
vehicle used for the transportation of any Class 3 or Division 2.1, 
whether loaded or empty; or any motor vehicle using compressed gas as a 
motor fuel. In lieu thereof, emergency reflective triangles, red 
electric lanterns, or red emergency reflectors shall be used, the 
placement of which shall be in the same manner as prescribed in 
Sec. 392.22(b).

PART 397--[AMENDED]

    12. The authority citation for part 397 is revised to read as 
follows:

    Authority: 49 U.S.C. 5101 et seq.; 49 CFR 1.48.

    13. Section 397.5 is revised to read as follows:


Sec. 397.5  Attendance and surveillance of motor vehicles.

    (a) Except as provided in paragraph (b) of this section, a motor 
vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material 
must be attended at all times by its driver or a qualified 
representative of the motor carrier that operates it.
    (b) The rules in paragraph (a) of this section do not apply to a 
motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all 
the following conditions exist--
    (1) The vehicle is located on the property of a motor carrier, on 
the property of a shipper or consignee of the explosives, in a safe 
haven, or, in the case of a vehicle containing 50 pounds or less of a 
Division 1.1, 1.2, or 1.3 material, on a construction or survey site; 
and
    (2) The lawful bailee of the explosives is aware of the nature of 
the explosives the vehicle contains and has been instructed in the 
procedures which must be followed in emergencies; and
    (3) The vehicle is within the bailee's unobstructed field of view 
or is located in a safe haven.
    (c) A motor vehicle which contains hazardous materials other than 
Division 1.1, 1.2, or 1.3, materials, and which is located on a public 
street or highway, or the shoulder of a public highway, must be 
attended by its driver. However, the vehicle need not be attended while 
its driver is performing duties which are incident and necessary to the 
driver's duties as the operator of the vehicle.
    (d) For purposes of this section--
    (1) A motor vehicle is attended when the person in charge of the 
vehicle is on the vehicle, awake, and not in a sleeper berth, or is 
within 100 feet of the vehicle and has it within his/her unobstructed 
field of view.
    (2) A qualified representative of a motor carrier is a person who--
    (i) Has been designated by the carrier to attend the vehicle;
    (ii) Is aware of the nature of the hazardous materials contained in 
the vehicle he/she attends;
    (iii) Has been instructed in the procedures he/she must follow in 
emergencies; and
    (iv) Is authorized to move the vehicle and has the means and 
ability to do so.
    (3) A safe haven in an area specifically approved in writing by 
local, State, or Federal governmental authorities for the parking of 
unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.
    (e) The rules in this section do not relieve the driver from any 
obligation imposed by law relating to the placing of warning devices 
when a motor vehicle is stopped on a public street or highway.
    14. Section 397.7 is revised to read as follows:


Sec. 397.7  Parking.

    (a) A motor vehicle which contains Division 1.1, 1.2, or 1.3 
materials must not be parked under any of the following circumstances--
    (1) On or within 5 feet of the traveled portion of a public street 
or highway;
    (2) On private property (including premises of fueling or eating 
facility) without the knowledge and consent of the person who is in 
charge of the property and who is aware of the nature of the hazardous 
materials the vehicle contains; or
    (3) Within 300 feet of a bridge, tunnel, dwelling, or place where 
people work, congregate, or assemble, except for brief periods when the 
necessities of operation require the vehicle to be parked and make it 
impracticable to park the vehicle in any other place.
    (b) A motor vehicle which contains hazardous materials other than 
Division 1.1, 1.2, or 1.3 materials must not be parked on or within 
five feet of the traveled portion of public street or highway except 
for brief periods when the necessities of operation require the vehicle 
to be parked and make it impracticable to park the vehicle in any other 
place.
    15. Section 397.13 is revised to read as follows:


Sec. 397.13  Smoking.

    No person may smoke or carry a lighted cigarette, cigar, or pipe on 
or within 25 feet of--
    (a) A motor vehicle which contains Class 1 materials, Class 5 
materials, or flammable materials classified as Division 2.1, Class 3, 
Divisions 4.1 and 4.2; or
    (b) An empty tank motor vehicle which has been used to transport 
Class 3, flammable materials, or Division 2.1 flammable gases, which 
when so used, was required to be marked or placarded in accordance with 
the rules in Sec. 177.823 of this title.
    16. Section 397.19 is revised to read as follows:


Sec. 397.19  Instructions and documents.

    (a) A motor carrier that transports Division 1.1, 1.2, or 1.3 
(explosive) materials must furnish the driver of each motor vehicle in 
which the explosives are transported with the following documents:
    (1) A copy of the rules in this part;
    (2) [Reserved]
    (3) A document containing instructions on procedures to be followed 
in the event of accident or delay. The documents must include the names 
and telephone numbers of persons (including representatives of carriers 
or shippers) to be contracted, the nature of the explosives being 
transported, and the precautions to be taken in emergencies such as 
fires, accidents, or leakages.
    (b) A driver who receives documents in accordance with paragraph 
(a) of this section must sign a receipt for them. The carrier shall 
retain the receipt in its files for 1 year at its principal place of 
business.
    (c) A driver of a motor vehicle which contains Division 1.1, 1.2, 
or 1.3 materials must be in possession of, be familiar with, and be in 
compliance with
    (1) The documents specified in paragraph (a) of this section;
    (2) The documents specified in Sec. 177.817 of this title; and
    (3) The written route plan specified in Sec. 397.67.

[FR Doc. 94-30111 Filed 12-9-94; 8:45 am]
BILLING CODE 4910-22-P