[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Proposed Rules]
[Pages 6478-6486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3555]
[[Page 6477]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Revision of Miscellaneous Hazardous Regulations; Regulatory Review;
Proposed Rule
Federal Register / Vol. 61, No. 34 / Tuesday, February 20, 1996 /
Proposed Rules
[[Page 6478]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 176, 177, and 178
[Docket HM-222B; Notice No. 96-3]
RIN 2137-AC76
Revision of Miscellaneous Hazardous Materials Regulations;
Regulatory Review
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: RSPA proposes to revise the Hazardous Materials Regulations
(HMR) based on its review of the HMR and on written and oral comments
received from the public concerning regulatory reform. The intended
effect of this rulemaking is to reduce unnecessary regulatory burdens
on industry and make the regulations shorter and easier to use without
compromising public safety. In particular, RSPA is proposing reductions
in requirements pertaining to training frequency, incident reporting,
and emergency response telephone numbers. This action is in response to
President Clinton's March 4, 1995 memorandum to heads of departments
and agencies calling for a review of all agency regulations and
directing front line regulators to ``get out of Washington'' and create
grassroots partnerships with the regulated community.
DATES: Comments must be received on or before April 19, 1996.
ADDRESSES: Please address written comments to the Dockets Unit (DHM-
30), Research and Special Programs Administration, U.S. Department of
Transportation, Washington, DC 20590-0001. Comments may also be faxed
to (202) 366-3753. Comments should identify the docket (Docket No. HM-
222B). The Dockets Unit is located in Room 8421 of the Nassif Building,
400 Seventh Street SW., Washington, DC 20590-0001. Office hours are
8:30 a.m. to 5:00 p.m., Monday through Friday, excluding public
holidays.
FOR FURTHER INFORMATION CONTACT: John A. Gale or Jennifer Antonielli,
(202) 366-8553; Office of Hazardous Materials Standards, RSPA,
Department of Transportation, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to heads of
departments and agencies calling for a review of all agency regulations
and elimination or revision of those regulations that are outdated or
in need of reform. In response to the President's directive, RSPA
performed an extensive review of the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180), and associated procedural rules (49 CFR
Parts 106 and 107).
The President also directed that front line regulators ``* * * get
out of Washington and create grassroots partnerships'' with people
affected by agency regulations. On April 4, 1995, RSPA published in the
Federal Register (60 FR 17049) a notice announcing seven public
meetings and requesting comments on its hazardous materials safety
program. RSPA requested comments on ways to improve the HMR and the
kind and quality of services its customers want. RSPA received over 50
written comments in response to the notice. On July 28, 1995, RSPA
published a second notice (60 FR 38888) announcing five more public
meetings to be held from September to January 1996. On October 13,
1995, (60 FR 53321) RSPA issued an NPRM under Docket HM-222A that
proposed to remove those sections of the regulations that have been
identified in RSPA's regulatory review, in comments, and in the public
meetings held to date as being unnecessary, duplicative, or outdated.
In this NPRM, RSPA proposes to amend various sections of the HMR
based on agency initiative and on written and oral comments received
from the public on regulatory reform. This rulemaking is one of several
rulemakings that RSPA will initiate in response to its regulatory
review, public meetings, and comments.
II. Proposed Changes
Part 171
Section 171.16. Several commenters requested modification of the
incident reporting requirements in Part 171. One commenter requested
that exceptions from the incident reporting requirements in Sec. 171.16
be provided for limited quantities. RSPA concurs that continued
reporting of certain incidents involving limited quantities would be of
minimal value when weighed against the burden on the carriers required
to prepare incident reports. Therefore, except for materials
transported by aircraft, RSPA proposes certain exceptions from the
incident reporting requirements in Sec. 171.16 for limited quantities
of Packing Group II and III materials.
Part 172
Section 172.101. Based on a commenter's request, RSPA proposes to
amend the Sec. 172.101 Table for the entries ``Cartridges for weapons,
blank, or Cartridges, small arms, blank, UN 0014''; ``Cartridges for
weapons, inert projectile, or Cartridges, small arms, UN0012'';
``Cartridges, power device, UN0323''; and ``Cartridges, small arms'',
in Column (7), by removing the reference ``112''. Also for these
entries, in Column (8A) of the Sec. 172.101 Table, the word ``None'' or
``230'', as appropriate, would be removed and replaced with ``63''. The
provisions to reclass an explosive as an ORM-D material, currently
contained in Special Provision 112 and in Sec. 173.230(b), would be
relocated to Sec. 173.63(b) to minimize confusion. See also preamble
discussion on proposed amendments to Sec. 173.230.
One commenter requested that RSPA amend Column (7) of the
Sec. 172.101 Table for the entry ``Ethanol or Ethyl alcohol or Ethanol
solutions or Ethyl alcohol solutions'' by adding Special Provision
``24'' to allow ethanol the same packing group criteria as alcoholic
beverages. Special Provision 24 recently was adopted in the HMR for the
shipping name ``Alcoholic beverages'' to provide alternative packing
group criteria to that of Sec. 173.121. The special provision specifies
that alcoholic beverages with more than 70 percent alcohol by volume
are assigned Packing Group II and alcoholic beverages containing more
than 24 percent but not more than 70 percent alcohol are assigned
Packing Group III. The commenter requested that the special provision
also be assigned to ethanol because Packing Group II or III distilled
spirits can be and are shipped under either ``Alcoholic beverages'' or
``Ethanol or Ethyl alcohol or Ethanol solutions or Ethyl alcohol
solutions.'' RSPA agrees with the commenter and proposes to add Special
Provision ``24'' in Column (7) of the Sec. 172.101 Table for the entry
``Ethanol or Ethyl alcohol or Ethanol solutions or Ethyl alcohol
solutions.''
Section 172.102. In paragraph (c)(1), RSPA proposes to remove
Special Provision 112 because its provisions would be relocated to
Sec. 173.63(b). See also preamble discussion on proposed changes to
Secs. 172.101 and 173.230.
Section 172.201. For clarity, RSPA proposes to amend
Sec. 172.201(d) by adding a cross-reference to Sec. 172.604(c)
[[Page 6479]]
for exceptions from the requirement to maintain an emergency response
telephone number.
Section 172.203. RSPA proposes to revise the requirements for
identifying hazardous substances on shipping papers and package
markings. Currently under the HMR, all constituents in a mixture or
solution that meet the definition of ``hazardous substance'' in
Sec. 171.8 must be identified on shipping papers and package markings.
RSPA proposes, consistent with the technical name requirements in
Sec. 172.203(k), to require for hazardous materials that contain two or
more hazardous substances that at least two hazardous substances be
identified on shipping papers and package markings.
In addition, RSPA proposes to amend paragraph (e)(2) and remove
paragraph (e)(3) to eliminate the requirement to enter on shipping
papers ``RESIDUE: Last Contained * * *'' for packages containing only
the residue of a hazardous substance. This proposal is intended to
reduce regulatory burdens on industry.
Section 172.316. One commenter requested that RSPA allow consumer
commodities that are prepared in accordance with the International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air (ICAO Technical Instructions) to be
transported by motor vehicle. RSPA concurs and proposes to modify
Sec. 172.316 to allow the CLASS 9 label in lieu of the ORM-D marking on
packages of consumer commodities.
Section 172.324. Consistent with proposed amendments to
Sec. 172.203(c), RSPA proposes to amend Sec. 172.324(a) to ease the
burden of identifying each hazardous substance on package markings.
RSPA would require for packages that contain a mixture or solution
comprising two or more hazardous substances, that at least two
hazardous substances be marked on the package in association with the
proper shipping name.
Section 172.402. One commenter requested an exception from the
requirement for subsidiary hazard labeling for certain packages of
Class 7 (radioactive) materials that also meet the definition of
another hazard class, except Class 9. Generally, the commenter seeks
parity with a labeling exception in Sec. 173.4 for small quantities of
hazardous materials. These Class 7 materials conform to all
requirements in Sec. 173.4, except for their specific activity level,
which exceeds permissible limits for a limited quantity radioactive
material. Because the non-radioactive hazards of these materials pose a
minimal risk in transportation, the commenter suggests that
Sec. 172.402(d) be revised to except them from the requirement to label
for the subsidiary hazard. Based upon successful experience under
exemption DOT-E 10660, which currently authorizes transportation of
certain packages, and consistent with the commenter's request, RSPA
proposes to revise paragraph (d) by adding an exception from the
subsidiary hazard labeling requirement for packages of Class 7
materials that otherwise conform to Sec. 173.4.
Section 172.500. RSPA proposes to redesignate paragraphs (b)(4) and
(b)(5) as paragraphs (b)(5) and (b)(6) and add a new paragraph (b)(4)
to clarify that small quantities of Division 4.3 materials prepared in
accordance with Sec. 173.13 are excepted from the placarding
requirements of Subpart F of Part 172.
Section 172.600. In accordance with Sec. 172.600(d), a material
that is classed as ORM-D, except when offered or intended for
transportation by air, is excepted from the emergency response
information and telephone number requirements of Subpart G of Part 172.
The Conference on Safe Transportation of Hazardous Articles (COSTHA)
petitioned (P-1094) RSPA to except all ORM-D materials, including those
transported by air, from emergency response information requirements
because of the small quantities involved and minimal hazards associated
with ORM-D materials. COSTHA further stated that because an ORM-D
material is not assigned an identification number, no specific
emergency instructions are provided. Therefore, it contends that
documented emergency response information and the 24-hour response
telephone number are unnecessary. COSTHA also reported that many
consumer commodities are allowed to be carried as checked and carry-on
baggage without application of the emergency response communication
standards. Thus, it argues that the aggregate quantity of consumer
commodities that are carried by passengers may be considerably larger
than that carried as cargo to which the emergency response information
is required. RSPA agrees with the petitioner that the requirements to
provide emergency response information and maintain a 24-hour telephone
number are unduly burdensome for shippers of ORM-D air materials and,
thus, proposes an exception in Sec. 172.600(d) for these materials.
Section 172.604. Based on its own initiative and petitions for
rulemaking, and because the costs to implement these requirements
outweigh the benefits, RSPA proposes to except the following materials
from emergency response telephone number requirements: (1) liquid
petroleum distillate fuels (e.g., gasoline, propane, and diesel fuel);
(2) limited quantities of hazardous materials; and (3) materials
described under the shipping names ``Engines, internal combustion'';
``Battery powered equipment''; ``Battery powered vehicle'';
``Wheelchair, electric''; ``Carbon dioxide, solid''; ``Dry ice'';
``Fish meal, stabilized''; ``Fish scrap, stabilized''; ``Castor bean'';
``Castor meal''; ``Castor flake''; ``Castor pomace''; ``Mercury
contained in manufactured articles''; and ``Refrigerating machine''.
Since emergency responders routinely handle incidents involving
liquid petroleum distillate fuels, it is questionable that the 24-hour
emergency response telephone number could provide emergency responders
with any additional information of value beyond that which is required
to be carried in the vehicle. Therefore, RSPA proposes to except liquid
petroleum distillate fuels from the emergency response telephone number
requirements in Sec. 172.604.
RSPA believes that the costs outweigh the benefits associated with
maintaining the 24-hour emergency response telephone number
requirements for shipments of limited quantities and the materials
described under the shipping names listed above, e.g., Engines,
internal combustion, etc. Therefore, RSPA proposes to except those
materials from the emergency response telephone number requirements of
Sec. 172.604.
In addition, based on its own initiative, RSPA proposes to clarify
that more than one emergency response telephone number with different
hours of operation may be used to satisfy the requirements of
Sec. 172.604 if the following conditions are met: (1) the hours of
operation of each number are clearly identified in association with the
respective telephone number; (2) each respective telephone number is
monitored during the time indicated while the hazardous material is in
transportation; and (3) the requirements of Sec. 172.604 (a)(2),
(a)(3), and (b) are met. This proposed amendment is intended to codify
RSPA's current position on this matter.
Section 172.704. RSPA stated in the notice of public meetings under
Docket HM-222 (60 FR 17049) that it would consider extending the
requirement for recurrent training from every two years to every three
or four years. RSPA
[[Page 6480]]
received several written and oral comments in support of decreasing the
frequency specified to train hazmat employees in accordance with
Subpart H of Part 172. Many commenters claimed that the current
requirement to train every two years is costly, difficult to
administer, and inconsistent with other training programs required
under other Federal, State and local regulations. Specifically,
commenters from the marine cargo handling industry requested that RSPA
increase the training interval to every four years for certain
longshoremen who only handle sealed containers of hazardous materials
and are not responsible for handling incidents involving the hazardous
materials. Other commenters stated that the recurrent training
requirement should be aligned to coincide with the Commercial Driver's
License renewal requirement which is generally every four years. One
commenter suggested that the interval for hazmat training coincide with
the Federal Railroad Administration requirement in 49 CFR 240.217(c)(1)
to certify engineers every three years. Some commenters requested that
RSPA require hazmat training every five years. In this NPRM, RSPA
proposes to decrease the frequency of all required hazmat training from
two years to three years. This frequency is consistent with other
training programs such as the training required under the
Transportation of Dangerous Goods Regulations issued by the Government
of Canada. Except as provided in Sec. 172.704(c), hazmat employees must
be trained whenever their hazmat functions change or the requirements
are revised, regardless of the minimally required training frequency
(see Sec. 172.702). For example, if a requirement for information on a
shipping paper changes as a result of a final rule, a hazmat employee
is required to be trained in the revised requirement as soon as the new
requirement becomes effective.
RSPA also received comments from the marine cargo handling industry
concerning the applicability of the training requirements to
``casuals'' who are longshoreman who are hired for short periods,
sometimes one day at a time. In accordance with Sec. 172.704(c), hazmat
employees must be trained within 90 days after employment. During this
90-day period, employees may perform hazmat functions only under the
direct supervision of a properly trained and knowledgeable hazmat
employee. This provision applies to a ``casual'' employed for less than
90 consecutive days by the same employer. In addition to removing
obsolete effective dates, RSPA is proposing to revise Sec. 172.704(c)
to clarify its position concerning the ``direct'' supervision of a
hazmat employee who has not received initial training. RSPA's position
is that the person who is providing direct supervision must be able to
instruct the employee on how to properly perform the hazmat function,
must observe performance of the hazmat function, and must be able to
take immediate corrective actions for any function not properly
performed. Therefore, RSPA is proposing to add the word ``direct''
preceding the word ``supervision'' in Sec. 172.704(c)(1) and, in
Sec. 172.702(b), RSPA is adding a reference to the exceptions for
initial training found in Sec. 172.704(c)(1).
Part 173
Section 173.4. Currently, the HMR do not permit Class 2, Divisions
4.2 and 4.3 materials and hazardous materials identified in paragraph
(a)(11) to be shipped under the small quantity provisions, although
some of these materials are eligible for similar exceptions under the
ICAO Technical Instructions or an approval issued by the Associate
Administrator for Hazardous Materials Safety. For example, UN2031
(Nitric acid) is specifically listed in paragraph (a)(11) and may not
be shipped in accordance with the small quantity provisions. However,
small quantities of nitric acid are authorized under a number of
approvals to be shipped in this manner and no safety problems have been
encountered. In this notice, RSPA proposes to revise the small quantity
provisions by amending the introductory text in paragraph (a) to
authorize Divisions 4.2 and 4.3, Packing Groups II and III, materials
to be shipped in accordance with these provisions. This notice proposes
to remove paragraph (a)(11) and add a new paragraph (c) to allow small
quantities of certain categories of hazardous materials that are not
authorized under this exception to be shipped in accordance with this
section if specifically approved by the Associate Administrator for
Hazardous Materials Safety. RSPA also proposes to revise the marking
required to be displayed on packages of small quantities of hazardous
materials in paragraph (a)(10) by shortening the length of the required
statement. The proposed changes to Sec. 173.4 are intended to ease
burdens on industry and facilitate international transportation of
hazardous materials in small quantities.
Section 173.13. RSPA proposes to add a new section Sec. 173.13 that
would incorporate, for highway and rail transport only, the provisions
of DOT exemptions E-7891 and E-9168 into the HMR. These exemptions, and
others commonly referred to as the ``poison pack exemptions,'' allow
small quantities of hazardous materials to be transported without their
primary or subsidiary labels. In addition, Division 4.3 materials which
meet the requirements of Sec. 173.13 would be excepted from the
placarding requirements of the HMR and Division 6.1 materials packaged
in the specified manner would be allowed to be transported with
foodstuffs.
Section 173.21. RSPA proposes to incorporate into Sec. 173.21 the
provisions of a competent authority approval for temperature-controlled
shipments. This would eliminate the requirement that all shipments
requiring temperature control must be approved by the Associate
Administrator for Hazardous Materials Safety.
Section 173.32a. RSPA proposes to remove a requirement for an
approval agency to submit an approval certificate to the Associate
Administrator for Hazardous Materials Safety. This proposed amendment
would provide relief from paperwork reporting burdens.
Section 173.155. RSPA proposes to amend Sec. 173.155 by increasing
the quantity of Class 9 liquid materials permitted in an inner
packaging from 4.0 L (1 gallon) to 5.0 L (1.3 gallons). This proposal
is consistent with the United Nations Recommendations on the Transport
of Dangerous Goods (UN Recommendations) and is intended to provide
relief and facilitate transportation of these materials in
international commerce. RSPA may consider revising other limited
quantities or providing additional limited quantity exceptions for
other hazardous materials, (e.g., Division 4.3 materials), consistent
with the UN Recommendations, in a future rulemaking action.
Section 173.171. Currently, Secs. 173.171 and 177.838(g) prescribe
requirements for smokeless powder for small arms. However,
Sec. 177.838(g) provides additional relief by permitting inside
packages of smokeless powder to be overpacked in UN 4G boxes, provided
the net weight of smokeless powder in any one box does not exceed 7.26
kg (16 pounds). This provision is not contained in Sec. 173.171.
Section 177.838(g) should be limited to provisions that apply
specifically to motor carriers and should not contain packaging
exceptions generally available to all shippers. Therefore, RSPA
proposes to remove the
[[Page 6481]]
Sec. 177.838(g) provisions pertaining to classification and packaging
and revise Sec. 173.171 by adding the provision concerning smokeless
powder in overpacks.
In addition, one commenter requested that RSPA allow smokeless
powder that has been reclassed as a Division 4.1 material to be
transported by vessel and cargo aircraft. The commenter also requested
that smokeless powder be allowed to be reclassed as ORM-D. RSPA agrees
that the exception to reclass smokeless powder to Division 4.1 should
be extended to transportation by vessel and cargo aircraft. However, an
ORM-D exception for smokeless powder may not provide an adequate level
of safety because shipping papers would not be required for
transportation by highway, rail or vessel and there would be no
restriction on the amount of material that is permitted in air cargo
compartments. RSPA believes that the hazards posed by smokeless powder,
a Packing Group I hazardous material, necessitate hazard communication
requirements (e.g., shipping papers, labels, and placards). Therefore,
RSPA proposes to allow smokeless powder that has been reclassed as a
Division 4.1 material to be transported by vessel and cargo aircraft,
but is not adopting the commenter's proposal to allow smokeless powder
to be reclassed as an ORM-D material.
Section 173.220. RSPA received a petition for rulemaking (P-1204)
requesting an amendment to the HMR to except self-propelled vehicles
transported by vessel from the emergency response telephone number
requirements. The petitioner urged RSPA to provide this exception
because self-propelled vehicles do not pose an unreasonable risk to the
environment or the safety of personnel handling these items. RSPA
recognizes that the emergency response information required under
Sec. 172.602 provides emergency responders with the necessary
information to handle an incident involving a self-propelled vehicle.
It is questionable whether a shipper could provide emergency responders
with any additional information of value. Therefore, RSPA proposes to
amend paragraph (g)(2) in Sec. 173.220 to except shipments of self-
propelled vehicles and mechanized equipment containing internal
combustion engines, or wet batteries transported by vessel or aircraft,
from the emergency response telephone number requirements of
Sec. 172.604.
Section 173.230. Based on a commenter's request, RSPA proposes to
clarify provisions that permit the reclassification of certain Division
1.4S materials as ORM-D materials by removing Special Provision 112 in
Sec. 172.102(c)(1), relocating the provisions in Sec. 173.230(b) to
Sec. 173.63, and removing Sec. 173.230. See also preamble discussion on
proposed amendments to Secs. 172.101 and 172.102.
Part 176
Section 176.104. RSPA received a petition (P-1183), from the
Department of Defense (DOD), requesting removal of a requirement to use
a landing mat when depositing palletized packages of Division 1.1 and
1.2 (explosives) materials on deck. The petitioner states that landing
mats are cumbersome because they impede the operation of mechanized
equipment used to load and unload palletized materials. In addition,
the petitioner added that the landing mat serves no real purpose
because the pallet bottom serves as the shock absorber. RSPA agrees
with the petitioner and proposes to revise Sec. 176.104(i) to provide
relief for palletized loads of Division 1.1 and 1.2 materials.
Part 177
Section 177.801. Based on its own initiative, RSPA proposes to
revise this paragraph to include references to forbidden materials that
were previously in Sec. 177.821(c).
Section 177.818. RSPA proposes to remove this section because its
provisions are covered under the emergency response and training
provisions of the HMR.
Section 177.821. RSPA proposes to remove this section because it
duplicates other HMR provisions.
Section 177.822. RSPA proposes to remove this section because
paragraph (a) is duplicative of other provisions for explosives and
paragraph (b), including a reference to Specification MC200, is
unnecessary. Also, in Sec. 178.315, RSPA proposes to remove
Specification MC200 from the HMR. See preamble discussion of
Sec. 178.315 of this proposed rule.
Sections 177.824 and 177.834. RSPA proposes to remove Secs. 177.824
and 177.834(b) and (j) because they duplicate other HMR provisions. In
addition, in Sec. 177.834, a new paragraph (j) would be added to
consolidate provisions in Secs. 177.837(d), 177.839(d), and 177.841(d)
that require manholes and valves on cargo tanks to be closed prior to
transportation.
Section 177.835. RSPA proposes to remove paragraphs (k), (l), and
(m) because parts 172 and 173 limit the concentration of liquid
nitroglycerin and diethylene glycol dinitrate that may be offered or
accepted for transportation. Therefore, these paragraphs are
unnecessary.
Section 177.838. The HMR prescribe specific packaging requirements
and exceptions for smokeless powder for small arms in Sec. 173.171. In
this NPRM, RSPA proposes to amend paragraph (g) by removing procedures
for reclassifying Division 1.4S materials because they are redundant
with Sec. 173.171.
Section 177.839. RSPA proposes to revise paragraph (a) by limiting
the applicability of this paragraph to nitric acid in concentrations of
50 percent or greater. In addition, in paragraph (a), the restriction
on stacking containers of nitric acid higher than two tiers and
paragraph (b) would be removed because they are outdated and
unnecessary.
Section 177.841. One commenter requested that RSPA amend
Sec. 177.841 to be consistent with provisions of Sec. 175.630. The
commenter stated that the HMR currently authorize the transport of
foodstuffs and poisons in the same aircraft, provided the materials are
loaded into separate unit load devices that are not adjacent to each
other, or into closed unit load devices. The commenter asserted that if
this practice is authorized in air transportation, it should be
authorized in highway transportation. RSPA agrees with the commenter
that foodstuffs which are loaded in a closed unit load device should be
allowed to be transported in the same motor vehicle with poisons that
are loaded in a separate closed unit load device. However, pending
further review of the impact on safety, RSPA is not proposing to allow
foodstuffs and poisons to be in the same motor vehicle when they are
loaded into separate open unit load devices. In addition, RSPA proposes
to remove the provision allowing use of the container identified as
package ``4000'' in the National Motor Freight Classification 100-1,
for the transport of foodstuffs and poisons on the same motor vehicle.
RSPA believes that this container has not been used for some time and,
therefore, reference to it is unnecessary.
Section 177.848. RSPA proposes to amend paragraph (e)(5) by
revising the definition of footnote ``A'' to the segregation and
separation table to clarify that ammonium nitrate, Division 5.1,
UN1942, may be loaded in the same transport vehicle with Divisions 1.1
and 1.5 materials.
Part 178
Section 178.315. RSPA proposes to remove Specification MC200
requirements from the HMR because
[[Page 6482]]
RSPA believes that this container is no longer utilized in hazardous
materials service. RSPA invites comments on whether the MC200
containers still exist.
III. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and was not reviewed
by the Office of Management and Budget. The rule is not considered
significant under the regulatory policies and procedures of the
Department of Transportation (44 FR 11034). The economic impact of this
rule is minimal to the extent that the preparation of a regulatory
evaluation is not warranted.
Executive Order 12612
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism''). The Federal hazardous materials transportation law
(49 U.S.C. 5101-5127) contains an express preemption provision that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(i) the designation, description, and classification of
hazardous material;
(ii) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) the preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(iv) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) the design, manufacturing, fabrication, marking,
maintenance, reconditioning, repairing, or testing of a package or
container which is represented, marked, certified, or sold as
qualified for use in the transportation of hazardous material.
Title 49 U.S.C. 5125(b)(2) 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. That 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. This proposed rule would
clarify and provide relief from certain regulations governing the
transportation of hazardous materials. RSPA solicits comments on
whether the proposed rule would have any effect on State, local or
Indian tribe requirements and, if so, the most appropriate effective
date of Federal preemption. Because RSPA lacks discretion in this area,
preparation of a federalism assessment is not warranted.
Regulatory Flexibility Act
I certify that this proposed rule will not have a significant
economic impact on a substantial number of small entities. This
proposed rule does not impose any new requirements on persons subject
to the HMR.
Paperwork Reduction Act
This proposed rule does not propose any new information collection
requirements.
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 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Marking, 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 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, Packaging and containers,
Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR parts 171, 172, 173, 176,
177, and 178 would be amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In Sec. 171.16, paragraph (c) would be revised, paragraph (d)(2)
would be amended by removing the word ``nor'' at the end of the
paragraph, paragraph (d)(3) would be redesignated as paragraph (d)(4),
and a new paragraph (d)(3) would be added to read as follows:
Sec. 171.16 Detailed hazardous materials incident reports.
* * * * *
(c) Except as provided in paragraph (d) of this section, the
requirements of paragraph (a) of this section do not apply to incidents
involving the unintentional release of a hazardous material--
(1) Transported under one of the following proper shipping names:
(i) Consumer commodity.
(ii) Battery, electric storage, wet, filled with acid or alkali.
(iii) Paint and paint related material when shipped in packagings
of five gallons or less.
(2) Prepared and transported as a limited quantity shipment in
accordance with this subchapter.
(d) * * *
(3) Except for consumer commodities, materials in Packing Group I;
or
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATION, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
3. The authority citation for part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 172.101 [Amended]
4. In the Sec. 172.101 Hazardous Materials Table, the following
changes would be made:
a. For the entries ``Cartridges for weapons, blank, or Cartridges,
small arms, blank, UN 0014''; ``Cartridges for weapons, inert
projectile, or Cartridges, small arms, UN0012''; ``Cartridges, power
device, UN0323''; and ``Cartridges, small arms'', in Column (7),
special provision ``112'' would be removed.
b. For the entries ``Cartridges for weapons, blank, ord Cartridges,
small arms, blank, UN 0014''; ``Cartridges for
[[Page 6483]]
weapons, inert projectile, or Cartridges, small arms, UN0012''; and
``Cartridges, power device, UN0323'', in Column (8A), the wording
``None'' would be revised to read ``63''.
c. For the entry ``Cartridges, small arms'', in Column (8A), the
wording ``230'' would be revised to read ``63''.
d. For the entry ``Ethanol or Ethyl alcohol or Ethanol solutions or
Ethyl alcohol solutions'', in Column (7), the wording ``24,'' would be
added immediately preceding ``T1'', in Packing Group II, and the
wording ``24,'' would be added immediately preceding ``B1'' in Packing
Group III.
e. For the entry ``Smokeless powder for small arms (100 pounds or
less), NA3178'', in Column (9B), the wording ``Forbidden'' would be
revised to read ``7.3 kg''.
Sec. 172.102 [Amended]
5. In Sec. 172.102, in paragraph (c)(1), special provision ``112''
would be removed.
6. In Sec. 172.201, paragraph (d) would be revised to read as
follows:
Sec. 172.201 General entries.
* * * * *
(d) Emergency response telephone number. Except as provided in
Sec. 172.604(c), a shipping paper must contain an emergency response
telephone number, as prescribed in subpart G of this part.
7. In Sec. 172.203, paragraph (c)(1) would be revised to read as
follows:
Sec. 172.203 Additional description requirements.
* * * * *
(c) Hazardous substances. (1) Except for Class 7 (radioactive)
materials described in accordance with paragraph (d) of this section,
if the proper shipping name for a material that is a hazardous
substance does not identify the hazardous substance by name, the name
of the hazardous substance shall be entered in parentheses in
association with the basic description. If the material contains two or
more hazardous substances, at least two hazardous substances must be
identified. For a hazardous waste, the waste code, if appropriate, may
be used to identify the hazardous substance.
* * * * *
Sec. 172.203 [Amended]
8. In addition, in Sec. 172.203, the following changes would be
made:
a. In paragraph (e)(2), the phrase ``and paragraph (e)(3) of this
section'' would be removed.
b. Paragraph (e)(3) would be removed.
9. In Sec. 172.316, the first sentence of paragraph (a) would be
revised to read as follows:
Sec. 172.316 Packagings containing materials classed as ORM-D.
(a) Each non-bulk packaging containing a material classed as ORM-D
must be marked on at least one side or end with the ORM-D designation,
immediately following or below the proper shipping name of the material
or labeled with the CLASS 9 label (see Sec. 172.446). * * *
* * * * *
Sec. 172.316 [Amended]
10. In addition, in Sec. 172.316, in paragraph (c), the wording
``marking ORM-D'' would be removed and replaced with ``marking ORM-D or
labeling with the CLASS 9 label''.
11. In Sec. 172.324, paragraph (a) would be revised to read as
follows:
Sec. 172.324 Hazardous substances in non-bulk packagings.
* * * * *
(a) Except for packages of radioactive material labeled in
accordance with Sec. 172.403, if the proper shipping name for a
material that is a hazardous substance does not identify the hazardous
substance by name, the name of the hazardous substance must be marked
on the package, in parentheses, in association with the proper shipping
name. If the material contains two or more hazardous substances, at
least two hazardous substances must be identified. For a hazardous
waste, the waste code, if appropriate, may be used to identify the
hazardous substance.
* * * * *
12. In Sec. 172.402, paragraph (d) would be revised to read as
follows:
Sec. 172.402 Additional labeling requirements.
* * * * *
(d) Class 7 (Radioactive) Materials. Except as otherwise provided
in this paragraph, each package containing a Class 7 material that also
meets the definition of one or more additional hazard classes must be
labeled as a Class 7 material as required by Sec. 172.403 of this
subpart and for each additional hazard. A subsidiary hazard label is
not required on a package containing a Class 7 material that conforms
to criteria specified in Sec. 173.4 of this subchapter, except
Sec. 173.4(a)(1)(iv) of this subchapter.
* * * * *
13. In Sec. 172.500, paragraphs (b)(4) and (b)(5) would be
redesignated as paragraphs (b)(5) and (b)(6), respectively, and a new
paragraph (b)(4) would be added to read as follows:
Sec. 172.500 Applicability of placarding requirements.
* * * * *
(b) * * *
(4) Small quantities of Division 4.3 materials prepared in
accordance with Sec. 173.13 of this subchapter;
* * * * *
14. In Sec. 172.600, paragraph (d) would be revised to read as
follows:
Sec. 172.600 Applicability and general requirements.
* * * * *
(d) Exceptions. The requirements of this subpart do not apply to
hazardous material which is excepted from the shipping paper
requirements of this subchapter or a material properly classified as an
ORM-D.
15. In Sec. 172.604, new paragraphs (c) and (d) would be added to
read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(c) A person may list more than one emergency response telephone
number with different hours of operation provided that--
(1) The hours of operation of each number are clearly identified in
association with the respective telephone number;
(2) Each respective telephone number is monitored during the time
indicated while the hazardous material is in transportation; and
(3) The requirements in paragraphs (a)(2), (a)(3), and (b) of this
section are met.
(d) The requirements of this section do not apply to--
(1) Hazardous materials that are offered for transportation under
the provisions applicable to limited quantities;
(2) Liquid petroleum distillate fuels; and
(3) Materials properly described under the shipping names
``Engines, internal combustion'', ``Battery powered equipment'',
``Battery powered vehicle'', ``Wheelchair, electric'', ``Carbon
dioxide, solid'', ``Dry ice'', ``Fish meal, stabilized'', ``Fish scrap,
stabilized'', ``Castor bean'', ``Castor meal'', ``Castor flake'',
``Castor pomace'', ``Mercury contained in manufactured articles'',
``Refrigerating machine''.
Sec. 172.702 [Amended]
16. In Sec. 172.702(b), the phrase ``A hazmat employee'' is removed
and replaced with the phrase, ``Except as
[[Page 6484]]
provided in Sec. 172.704(c)(1), a hazmat employee''.
16a. In Sec. 172.704, paragraphs (c)(1) and (c)(2) would be revised
to read as follows:
Sec. 172.704 Training requirements.
* * * * *
(c) * * * (1) Initial training. A new hazmat employee, or a hazmat
employee who changes job functions may perform those functions prior to
the completion of training provided--
(i) The employee performs those functions under the direct
supervision of a properly trained and knowledgeable hazmat employee;
and
(ii) The training is completed within 90 days after employment or a
change in job function.
(2) Recurrent training. A hazmat employee shall receive the
training required by this subpart at least once every three years.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
17. The authority citation for part 173 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
18. In Sec. 173.4, the section heading would be revised, paragraph
(a)(11) would be removed, paragraph (a) introductory text, paragraphs
(a)(9) and (a)(10) would be revised, and a new paragraph (c) would be
added to read as follows:
Sec. 173.4 Small quantity exceptions.
(a) Small quantities of Class 3, Division 4.1, Division 4.2 (PG II
and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class 9 materials that also meet
the definition of one or more of these hazard classes, are not subject
to any other requirements of this subchapter when--
* * * * *
(9) The package is not opened or otherwise altered until it is no
longer in commerce; and
(10) The shipper certifies conformance with this section by marking
the outside of the package with the statement:
This package conforms to 49 CFR 173.4.
* * * * *
(c) Packages which contain Class 2, Division 4.2 (PG I), Division
4.3 (PG I) conforming to paragraphs (a)(1) through (a)(10) of this
section may be shipped if specifically approved by the Associate
Administrator for Hazardous Materials Safety.
19. Section 173.13 would be added to subpart A to read as follows:
Sec. 173.13 Exceptions for Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 6.1,
and Class 8 and 9 materials.
(a) A Class 3, 8 or 9, or Division 4.1, 4.2, 4.3, 5.1, or 6.1
material is excepted from the labeling requirements of this subchapter
if prepared for transportation in accordance with the requirements of
this section. In addition, materials in Division 4.3 are excepted from
the placarding requirements of this subchapter when prepared in
accordance with the requirements of this section. A material that meets
the definition of a material poisonous by inhalation may not be offered
for transportation or transported under provisions of this section.
(b) A hazardous material conforming to requirements of this section
may be transported by motor vehicle or rail car only.
(c) A hazardous material permitted by paragraph (a) of this section
must be packaged as follows:
(1) For liquids:
(i) The hazardous material must be placed in a tightly closed
glass, plastic or metal inner packaging with a maximum capacity not
exceeding 1.2 liters. Sufficient outage must be provided such that the
inner packaging will not become liquid full at 55 deg. C (130 deg. F).
The net quantity (measured at 20 deg. C (68 deg. F)) of liquid in any
inner packaging may not exceed one liter.
(ii) The inner packaging must be placed in a hermetically-sealed
barrier bag which is impervious to the lading, and then wrapped in a
non-reactive absorbent material in sufficient quantity to completely
absorb the contents of the inner packaging, and placed in a snugly
fitting, rigid can.
(iii) The rigid can must be securely closed. For liquids that are
in Division 4.2 or 4.3, the rigid can must be hermetically sealed.
(iv) The rigid can must then be placed inside a securely closed,
outer packaging conforming to Sec. 173.201.
(v) Not more than four cans are permitted in an outer packaging.
(2) For solids:
(i) The hazardous material must be placed in a tightly closed
glass, plastic or metal inner packaging. The net quantity of material
in any inner packaging may not exceed 2.85 kg (6.25 pounds).
(ii) The inner packaging must be placed in a hermetically-sealed
barrier bag which is impervious to the lading.
(iii) The barrier bag and its contents must be placed inside an
outer packaging conforming to Sec. 173.201.
(iv) Not more than four bags are permitted in an outer packaging.
20. In Sec. 173.21, paragraph (f)(3) would be revised to read as
follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(f) * * *
(3) Refrigeration may be used as a means of stabilization only when
approved by the Associate Administrator for Hazardous Materials Safety.
For status of approvals previously issued by the Bureau of Explosives,
see Sec. 171.19 of this subchapter. Methods of stabilization approved
by the Associate Administrator for Hazardous Materials Safety are as
follows:
(i) For highway transportation:
(A) A material meeting the criteria of paragraph (f) of this
section may be transported only in a transport vehicle, freight
container, or motor vehicle equipped with a mechanical refrigeration
unit, or loaded with a consumable refrigerant, capable of maintaining
the inside temperature of the transport vehicle, freight container, or
motor vehicle at or below the control temperature required for the
material during transportation.
(B) Each package containing a material meeting the criteria of
paragraph (f) of this section must be loaded and maintained at or below
the control temperature required for the material. The temperature of
the material shall be measured and entered on a written record at the
time the packaging is filled.
(C) The vehicle operator shall monitor the inside temperature of
the transport vehicle, freight container, or motor vehicle and enter
that temperature on a written record at the time the package is loaded
and thereafter at intervals not exceeding two hours. Alternatively, a
transport vehicle, freight container, or motor vehicle may be equipped
with a visible or audible warning device that activates when the inside
temperature of the transport vehicle, freight container, or motor
vehicle exceeds the control temperature required for the material. The
warning device must be readily visible or audible, as appropriate, from
the vehicle operator's seat in the vehicle.
(D) The carrier must advise the vehicle operator of the emergency
temperature for the material, and provide the vehicle operator with
written procedures that must be followed to assure maintenance of the
control temperature inside the transport vehicle, freight container, or
motor vehicle. The written procedures must
[[Page 6485]]
include instructions for the vehicle operator on actions to take if the
inside temperature exceeds the control temperature and approaches or
reaches the emergency temperature for the material. In addition, the
written temperature-control procedures must identify enroute points
where the consumable refrigerant may be procured, or where repairs to,
or replacement of, the mechanical refrigeration unit may be
accomplished.
(E) The vehicle operator shall maintain the written temperature-
control procedures, and the written record of temperature measurements
specified in paragraph (f)(3)(i)(C) of this section, if applicable, in
the same manner as specified in Sec. 177.817 of this subchapter for
shipping papers.
(F) If the control temperature is maintained by use of a consumable
refrigerant (e.g., dry ice or liquid nitrogen), the quantity of
consumable refrigerant must be sufficient to maintain the control
temperature for twice the average transit time under normal conditions
of transportation.
(G) A material that has a control temperature of 40 deg.C (104
deg.F) or higher may be transported by common carrier. A material that
has a control temperature below 40 deg.C (104 deg.F) must be
transported by a private or contract carrier.
(ii) For transportation by vessel, shipments are authorized in
accordance with the control-temperature requirements of Section 21 of
the General Introduction of the International Maritime Dangerous Goods
Code (IMDG Code).
* * * * *
21. In Sec. 173.32a, paragraph (c) would be revised to read as
follows:
Sec. 173.32a Approval of Specification IM portable tanks.
* * * * *
(c) Disposition of approval certificates. A copy of each approval
certificate must be retained by the approval agency and by the owner of
each IM portable tank.
* * * * *
Sec. 173.155 [Amended]
22. In Sec. 173.155, in paragraph (b)(1), the wording ``4.0 L (1
gallon)'' would be revised to read ``5.0 L (1.3 gallons)''.
23. In Sec. 173.171, the introductory text and paragraph (b) would
be revised and a new paragraph (d) would be added to read as follows:
Sec. 173.171 Smokeless powder for small arms.
Smokeless powder for small arms which has been classed in Division
1.3 may be reclassed in Division 4.1, for transportation by motor
vehicle, rail car, vessel, or cargo-only aircraft, subject to the
following conditions:
* * * * *
(b) The total quantity of smokeless powder must not exceed 45.4 kg
(100 pounds) net mass in:
(1) One rail car, motor vehicle, or cargo-only aircraft; or
(2) One freight container on a vessel, not to exceed four freight
containers per vessel.
* * * * *
(d) Inside packages that have been examined and approved by the
Associate Administrator for Hazardous Materials Safety may be packaged
in UN 4G fiberboard boxes meeting the Packing Group I performance
level, provided all inside containers are packed to prevent movement
and the net weight of smokeless powder in any one box does not exceed
7.3 kg (16 pounds).
24. In Sec. 173.220, paragraph (g)(2) would be revised to read as
follows:
Sec. 173.220 Internal combustion engines, self-propelled vehicles, and
mechanical equipment containing internal combustion engines or wet
batteries.
* * * * *
(g) * * *
(2) Are not subject to the requirements of subparts D, E, and F
(marking, labeling, and placarding, respectively) of part 172 or
Sec. 172.604 (emergency response telephone number) of this subchapter
for transportation by vessel or aircraft.
Sec. 173.63 [Amended]
Sec. 173.230 [Removed]
25. Paragraph (b) of Sec. 173.230 would be redesignated as
paragraph (b) of Sec. 173.63 and Sec. 173.230 would be removed.
PART 176--CARRIAGE BY VESSEL
26. The authority citation for part 176 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
27. In Sec. 176.104, the first sentence of paragraph (i) would be
revised to read as follows:
Sec. 176.104 Loading and unloading Class 1 (explosive) materials.
* * * * *
(i) A landing mat must be used when a draft of nonpalletized
Division 1.1 or 1.2 (Class A and B explosive materials) is deposited on
deck. * * *
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
28. The authority citation for part 177 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Secs. 177.818, 177.821, 177.822, and 177.824 [Removed]
29. Sections 177.818, 177.821, 177.822, and 177.824 would be
removed.
30. Section 177.801 would be revised to read as follows:
Sec. 177.801 Unacceptable hazardous materials shipments.
No person may accept for transportation or transport by motor
vehicle a forbidden material or hazardous material that is not prepared
in accordance with the requirements of this subchapter.
31. In Sec. 177.834, paragraph (b) would be removed and reserved,
and paragraph (j) would be revised to read as follows:
Sec. 177.834 General requirements.
* * * * *
(j) Manholes and valves closed. A person may not drive a cargo tank
and a motor carrier may not permit a person to drive a cargo tank motor
vehicle containing a hazardous material regardless of quantity unless:
(1) All manhole closures are closed and secured; and
(2) All valves and other closures in liquid discharge systems are
closed and free of leaks.
* * * * *
Sec. 177.835 [Amended]
32. In Sec. 177.835, paragraphs (k), (l), and (m) would be removed.
Sec. 177.837 [Amended]
33. In Sec. 177.837, paragraph (d) would be removed.
34. In Sec. 177.838, paragraph (g) would be revised to read as
follows:
Sec. 177.838 Class 4 (flammable solid) materials, Class 5 (oxidizing)
materials, and Division 4.2 (pyroforic liquid) materials.
* * * * *
(g) A motor vehicle may only contain 45.4 kg (100 pounds) or less
net mass of material described as ``Smokeless powder for small arms,
Division 4.1''.
* * * * *
35. Section 177.839 would be revised to read as follows:
Sec. 177.839 Class 8 (corrosive) materials.
(See also Sec. 177.834 (a) through (j).)
(a) Nitric acid. No packaging of nitric acid of 50 percent or
greater concentration may not be loaded above
[[Page 6486]]
any packaging containing any other kind of material.
(b) Storage batteries. All storage batteries containing any
electrolyte must be so loaded, if loaded with other lading, that all
such batteries will be protected against other lading falling onto or
against them; and adequate means must be provided in all cases for the
protection and insulation of battery terminals against short circuits.
36. In Sec. 177.841, paragraph (d) would be removed and reserved
and paragraph (e)(1) would be revised to read as follows.
Sec. 177.841 Division 6.1 (poisonous) and Division 2.3 (poisonous gas)
materials.
* * * * *
(e) * * *
(1) Bearing a POISON label in the same motor vehicle with material
that is marked as or known to be foodstuffs, feed or any edible
material intended for consumption by humans or animals unless:
(i) The poisonous material is packaged in accordance with this
subchapter and is overpacked in a metal drum as specified in
Sec. 173.25(c) of this subchapter; or
(ii) The poisonous material is packaged in accordance with this
subchapter and loaded into a closed unit load device and the
foodstuffs, feed, or other edible material are loaded into another
closed unit load device;
* * * * *
Sec. 177.848 [Amended]
37-38. In Sec. 177.848, paragraph (e)(5), would be amended by
removing the phrase ``ammonium nitrate fertilizer'' and replace it with
the phrase ``ammonium nitrate (UN 1942) and ammonium nitrate
fertilizer''.
PART 178--SPECIFICATIONS FOR PACKAGINGS
39. The authority citation for part 178 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Secs. 178.315, 178.315-1, 178.315-2, 178.315-3, 178.315-4, 178.315-
5 [Removed]
40. Sections 178.315, 178.315-1, 178.315-2, 178.315-3, 178.315-4,
and 178.315-5 would be removed.
Issued in Washington, DC on February 12, 1996, under authority
delegated in 49 CFR Part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-3555 Filed 2-16-96; 8:45 am]
BILLING CODE 4910-60-P