[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).

-----------------------------------------------------------------------

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