[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18926-18934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9555]




[[Page 18925]]


_______________________________________________________________________

Part VIII





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Parts 107, et al.



Elimination of Unnecessary and Duplicative Hazardous Materials 
Regulations; Final Rule

  Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules 
and Regulations  

[[Page 18926]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 174, 175, 176, 177, 178, and 179

[Docket HM-222A; Admt. Nos. 107-37, 171-140, 172-147, 173-248, 174-82, 
175-55, 176-39, 177-86, 178-112, and 179-51]
RIN 2137-AC69


Elimination of Unnecessary and Duplicative Hazardous Materials 
Regulations

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

ACTION: Final rule.

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

SUMMARY: RSPA is removing unnecessary, obsolete, and duplicative 
regulations contained in the Hazardous Materials Regulations (HMR). In 
addition, RSPA is eliminating approximately 100 pages of the CFR by 
reformatting the Hazardous Materials Table and List of Hazardous 
Substances and Reportable Quantities. The intended effect of this 
action is to enhance compliance with the HMR by making them shorter and 
easier to use. This action responds to President Clinton's March 4, 
1995 memorandum to heads of departments and agencies calling for a 
review of all agency regulations.

EFFECTIVE DATE: October 1, 1996.

FOR FURTHER INFORMATION CONTACT: John A. Gale or Jennifer K. 
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 
to eliminate or revise those regulations that are outdated or in need 
of reform. In addition, the President directed front line regulators to 
``* * * get out of Washington and create grassroots partnerships'' with 
people affected by agency regulations. 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, 107 and 110). In April and July, 
1995, RSPA published notices in the Federal Register (60 FR 17049 and 
60 FR 38888, respectively) that announced public meetings and requested 
comments on ways to improve the HMR and the kind and quality of 
services RSPA's customers expect. RSPA held 12 public meetings and 
received over 50 written comments in response to the Federal Register 
notices. Based on its review of the HMR and on written and oral 
comments received from the public on regulatory reform, RSPA issued a 
notice of proposed rulemaking (NPRM) on October 13, 1995, under Docket 
HM-222A (60 FR 53321). The NPRM proposed to eliminate over 100 sections 
of the HMR and to reformat the Hazardous Materials Table and Hazardous 
Substances Table. This is one of several rulemakings initiated by RSPA 
in response to its regulatory review, public meetings, and comments.

II. Summary of Amendments

    RSPA received approximately 42 comments to the NPRM from chemical 
manufacturers and distributors, offerors, carriers, and packaging 
manufacturers, and State enforcement agencies. These commenters were 
generally supportive of RSPA's proposals in the NPRM. The primary 
concerns raised by commenters were about proposals to: (1) reformat the 
Sec. 172.101 Hazardous Materials Table (HMT) and the List of Hazardous 
Substances and Reportable Quantities; (2) placard holder dimensional 
specifications; and (3) remove general guidance in Part 177 on 
emergency response activities for hazardous materials transportation 
accidents or incidents. Commenters also raised concerns that were 
beyond the scope of the proposed rule; however, they may be considered 
in future rulemakings.
    RSPA believes this final rule will enhance compliance by reducing 
the number of regulations in the HMR and making them easier to use. As 
a result of having fewer pages, RSPA foresees the possibility of 
consolidating the two CFR volumes into one.

A. Reformatting the Hazardous Materials Table and Hazardous Substances 
Table

    Several commenters stated that RSPA's proposal to reformat the 
label column of the HMT by identifying labels by class/division number 
rather than class name would make the HMR more difficult to use. One 
commenter added that adoption of the proposal would complicate the 
process of determining a label for a material. Commenters opposing this 
change stated that this proposal makes both teaching and applying the 
HMR more difficult and may create a significant burden on users of the 
HMR. One commenter stated that adding a table preceding the HMT to 
identify which label corresponds to a label code in Column (6) is 
impractical, especially for the infrequent user of the HMR. Another 
commenter added that this proposal would not enhance clarity of the HMR 
or the HMT because users of the HMR often overlook the instructions to 
the HMT and would be forced to flip between the two tables to determine 
the required labels. Some commenters claimed this proposal would 
increase the likelihood of errors. One commenter recommended that RSPA 
place the ``numerical identifier table'' within the margins of each 
page of the HMT for the reader's convenience. Another commenter 
suggested that if RSPA modifies the HMT, the agency should focus on 
reducing the size of the columns and adjusting the format. Another 
commenter stated that use of Roman numerals to distinguish poisons may 
be confused with Packing Group numerals.
    Some commenters supported RSPA's proposal but recommended that RSPA 
inform and educate all affected persons, including emergency 
responders, of this change to ensure compliance with the HMR. One 
commenter recommended that RSPA revise the proposed heading of Column 
(6) to read ``Label code(s)'' to indicate that more than one label code 
may be specified for certain shipping descriptions.
    RSPA disagrees with those commenters who stated that label codes 
would create confusion and lead to non-compliance and is reformatting 
the HMT to remove and replace Column (6) that specifies label names 
with a new Column (6) that specifies label codes. The numerical label 
codes directly correspond to numerical hazard classes and divisions 
which have been in place in the HMR for over five years. If a person is 
properly trained in accordance with subpart G of Part 172, there should 
be no confusion as to the class or required label for a given shipping 
description. In addition, through the distribution of more than four 
million Emergency Response Guidebooks, emergency responders have been 
informed of the UN hazard class system, and what the respective codes 
represent. RSPA believes that the benefits of eliminating over 80 pages 
of the CFR outweigh the minor inconvenience of using a label code 
rather than a label name. In the new Column (6) of the HMT, RSPA 
identifies the labels required by class or division number instead of 
spelling out the class name. For example, the POISON and KEEP AWAY FROM 
FOOD labels are identified as ``6.1'' and FLAMMABLE LIQUID label is 
identified as ``3''. Also, RSPA is adding a table to the

[[Page 18927]]

instructions to the HMT that clearly states which label is required for 
each numerical identifier.
    Commenters were generally supportive of RSPA's proposal to remove 
the column of synonyms from appendix A to Sec. 172.101. However, one 
commenter requested that RSPA reevaluate its proposal to remove the 
synonym column because many shippers refer to this column to determine 
a proper shipping name for a product. Another commenter recommended 
that RSPA replace the synonyms with Chemical Abstract System (CAS) 
Registry numbers because they provide a more reliable cross reference 
and are accessible to most users of the HMR. The commenter stated that 
CAS numbers would provide non-chemist shippers with valuable 
information to identify a hazardous substance. In addition to being 
beyond the scope of this rulemaking, RSPA believes that adding CAS 
numbers to the HMT would be of little value to the regulated community 
and would significantly add to the size of the HMR. RSPA also notes 
that CAS numbers can be found in the EPA's list of hazardous substances 
in 40 CFR 302.4. Therefore, RSPA is not adopting the commenter's 
suggestion.
    RSPA recognizes these commenters' concerns that synonyms of 
hazardous substances provide guidance to shippers in determining 
hazardous substances. However, because all synonyms are specifically 
listed as hazardous substances in Appendix A to Sec. 172.101, RSPA is 
removing the synonym column to simplify the Table and the HMR.

B. Reporting Requirements

    One of the goals of the President's Regulatory Reinvention 
Initiative was to decrease, as far as practical, the reports that are 
required to be submitted to the government. As proposed in the NPRM, 
RSPA is eliminating Secs. 173.11 and 177.826, which require carriers 
and shippers of flammable cryogenic liquids in bulk packagings to 
register with RSPA. RSPA also is amending, as proposed, Sec. 107.504 by 
decreasing the frequency that manufacturers of cargo tanks are required 
to register with RSPA from three years to six years. RSPA also is 
removing a requirement in Sec. 107.111 that RSPA publish in the Federal 
Register a list of those persons who request party status to an 
exemption. This change will enable RSPA to expedite the processing of 
requests for party status to exemptions.

C. Unnecessary Sections

Part 110
    Sec. 110.30(a)(4)  Grant application. RSPA proposed to remove the 
requirement that applicants for training and planning grants provide a 
written statement explaining whether the State or Indian tribe assesses 
and collects fees on the transportation of hazardous materials and 
whether such fees are used solely to carry out purposes related to the 
transportation of hazardous materials. Several commenters opposed 
RSPA's decision to remove the provision in Sec. 110.30(a)(4). The 
commenters stated that ``because of the Congressional mandate to review 
this information prior to the award of the training segment of the 
Grants, we believe, at a minimum, that RSPA cannot unilaterally 
eliminate this requirement without Congressional approval.'' RSPA 
believes that the effect on the hazardous materials grants program of 
removing Sec. 110.30(a)(4) requires further study and, therefore, RSPA 
is not removing Sec. 110.30(a)(4).
Part 172
    Appendix C to Part 172  Dimensional Specifications for Recommended 
Placard Holder. This appendix provides specific dimensions for a 
recommended placard holder. Some commenters expressed concern in regard 
to RSPA's proposal to remove specifications for placard holders from 
the HMR. Commenters stated that the placard specification is widely 
used and beneficial in reducing the potential for loss of placards 
during transportation. Commenters believed that removal of the placard 
holder dimensional specifications would lead to more confusion and 
noncompliance, and recommended that RSPA retain the placard holder 
specifications. RSPA concurs with the commenters and is not removing 
the specifications for the placard holder and is not revising 
Sec. 172.516 as proposed.
Part 173
    Sec. 173.10  Tank car shipments. This section contains specific 
requirements for offerors of tank cars containing certain hazardous 
materials. RSPA proposed to remove this section because RSPA believed 
it to be inconsistent with current industry practice. One commenter 
disagreed with RSPA and stated that additional justification is needed 
before RSPA removes this section from the HMR. Upon further review, 
RSPA is not removing Sec. 173.10 from the HMR. Corresponding changes 
were not proposed in Sec. 174.204 or Sec. 174.304, which contain 
similar requirements applicable to rail carriers and it would be 
inappropriate to remove only Sec. 173.10. RSPA will reevaluate the need 
for these sections in a future rulemaking action.
    Sec. 173.324  Ethyl methyl ether. This section provides non-bulk 
packaging requirements specific to ethyl methyl ether. Instead of 
having a specific packaging section for this material, RSPA is revising 
its packaging reference in Column (8B) of the HMT to read 
``Sec. 173.201'' for non-bulk packaging authorizations and is removing 
Sec. 173.324.
    Sec. 173.451  Fissile materials--general requirements. This section 
states that fissile radioactive material packages must comply with 
requirements of Secs. 173.457 through 173.459. RSPA believes this 
section is unnecessary and is removing it. In addition, a reference to 
Sec. 173.451 contained in Sec. 173.453 is removed.
    Sec. 173.477  Approval for export shipments. This section sets 
forth procedures for obtaining an approval for export shipments of 
packages for which an International Atomic Energy Agency certificate of 
competent authority has been issued. RSPA is removing this section 
because the requirements for export shipments of hazardous materials, 
including radioactive materials, are specified in Sec. 171.12.
    Sec. 173.478  Notification to competent authorities for export 
shipments. This section requires shippers who export Type B quantities 
of Class 7 material to notify the competent authority of each country 
through which or into which the package is to be transported, prior to 
the first shipment. The shipper is required to submit copies of all 
relevant competent authority certificates. RSPA is removing this 
section because the requirements for export shipments of hazardous 
materials, including Class 7 material, are specified in Sec. 171.12.
Part 174
    Sec. 174.16  Removal and disposition of hazardous materials at 
destination. This section prescribes requirements for delivering 
hazardous materials to non-agency and agency stations and disposing of 
the materials in the event that they are not removed from a carrier's 
property by the consignee of the materials. RSPA proposed to remove 
Sec. 174.16 because it is outdated and unnecessary. Two commenters 
requested that RSPA retain this section. They stated that removal of 
this section would increase the likelihood of unauthorized or illegal 
access to explosives and that the requirements of Sec. 174.16 should be 
the minimum standard for carriers of explosives.

[[Page 18928]]

RSPA believes that the ramifications of removing this section from the 
HMR need further review and, therefore, has decided against removing 
Sec. 174.16.
    Sec. 174.20  Local or carrier restrictions. This section states 
that carriers may impose local restrictions when local conditions 
present an unsafe transportation environment. Also, Sec. 174.20 states 
that carriers must report all carrier restrictions to the Bureau of 
Explosives. RSPA stated in the NPRM that it was proposing to remove 
Sec. 174.20 because it believes that centralizing a list of all rail 
carrier restrictions should be an industry practice and not a 
regulatory requirement. Two commenters disagreed with RSPA's proposal 
to remove Sec. 174.20, stating that the section is necessary for safety 
and that carriers should be allowed to impose local restrictions. RSPA 
believes that the effect of removing this section from the HMR on the 
railroad industry requires further study and, therefore, RSPA is not 
removing Sec. 174.20 from the HMR.
    Sec. 174.33  Lost or destroyed labels and placards./Sec. 176.33 
Labels./Sec. 177.815 Lost or destroyed labels. These sections require 
carriers to maintain an adequate supply of labels and placards in case 
labels or placards become lost or destroyed. Several commenters were 
concerned that removing these sections would allow carriers to move 
hazardous materials packages without their proper labels, and 
recommended that RSPA retain these sections. RSPA disagrees. By 
removing these sections, RSPA is not allowing carriers to transport 
hazardous materials that are not in compliance with the HMR. As 
specified in the HMR, shippers may not offer and carriers may not 
transport hazardous materials unless they are properly packaged, 
marked, labeled and placarded. This basic requirement is not eliminated 
by removal of these sections. Accordingly, Secs. 174.33, 176.33, and 
177.815 are removed as proposed.
    Sec. 174.107  Shipping days for Division 1.1 or 1.2 (Class A 
explosive) materials. This section prescribes requirements for carriers 
to designate days in which Division 1.1 or 1.2 materials are accepted 
and delivered. RSPA proposed to remove this section because it 
generally applies to a shipment of explosives by a rail express carrier 
which is no longer a common practice. One commenter stated that, though 
this is no longer a common practice, this section should be retained as 
the minimum standard for such shipments by rail. RSPA believes that, by 
removing unnecessary and redundant regulations, the HMR will be an 
easier set of regulations to follow, thus increasing compliance and 
safety. Section 174.107 is unnecessary because it addresses a type of 
transportation that is no longer a common practice. Therefore, RSPA is 
removing Sec. 174.107 from the HMR.
    Sec. 174.109  Non-agency shipments. This section provides 
requirements for Class 1 shipments accepted by a carrier at a non-
agency station. RSPA is removing this section because it is no longer 
necessary.
    Sec. 174.280  Division 2.3 (poisonous gas) materials with 
foodstuffs. This section provides a prohibition from transporting 
packages labeled POISON GAS with foodstuffs. RSPA proposed to remove 
this section because Division 2.3 materials present a hazard if inhaled 
but do not pose a significant hazard to foodstuffs or edible material. 
One commenter stated that contamination of foodstuffs by Division 2.3 
material is possible when the integrity of the packaging is 
compromised. RSPA is not aware of any Division 2.3 material that would 
pose a significant hazard to foodstuffs; and this amendment is 
consistent with the regulations for highway transportation. No 
incidents have been reported involving the transportation of foodstuffs 
and Division 2.3 materials in the same motor vehicle. Therefore, RSPA 
is removing this section from the HMR as proposed.
    Sec. 174.410  Special handling requirements for matches. This 
section provides special handling requirements for strike-anywhere 
matches. RSPA proposed to remove this section because it believes the 
section is no longer necessary based on current packaging requirements 
in Part 173 for strike-anywhere matches. One commenter stated that this 
section provides a minimum standard for the safe transport of strike-
anywhere matches and suggested that it be retained. RSPA believes that 
this section is no longer necessary and is removing it from the HMR.
    Sec. 174.450  Fires. This section addresses disposition of cotton 
or charcoal which has been damaged in a fire. One commenter opposed the 
proposed removal of this section and stated that if these mitigation 
requirements are not retained, carriers will not undertake these 
measures. RSPA disagrees and believes that the procedures are outmoded 
and inappropriate as a regulatory standard. Therefore, RSPA is removing 
this section from the HMR.
    Sec. 174.510  Special handling requirements for nitrates. This 
section prescribes requirements for carriers of nitrates to ensure that 
the rail car is closed, clean and free of projections before loading 
the nitrates. RSPA is removing this section because the requirements of 
subpart C of part 174 adequately cover the loading of this material in 
a rail car.
    Sec. 174.57  Cleaning cars./Sec. 174.515 Cleaning cars; potassium 
permanganate./ Sec. 174.615(a) Cleaning cars. Sections 174.515 and 
174.615(a) require that rail cars be cleaned following the carriage of 
potassium permanganate or Division 6.1 materials, respectively. Section 
174.57 requires that rail cars carrying any hazardous material that has 
leaked from a package be carefully cleaned. RSPA proposed to remove 
Secs. 174.515 and 174.615(a) because it believes that the requirements 
of subpart C of part 174 adequately cover the cleaning of rail cars 
that previously contained these materials. Commenters stated that all 
three of these sections should be retained in order to protect worker 
safety and cross-contamination of products. RSPA agrees that the 
general provisions of Sec. 174.57, which require that all rail cars 
must be cleaned when there is leakage of hazardous materials, should be 
retained in order to assure proper cleaning of rail cars. However, RSPA 
believes that retention of Sec. 174.57 makes Secs. 174.515 and 174.615 
redundant and, therefore, is removing these two sections from the HMR.
    Sec. 174.840  Special loading and handling requirements for 
asbestos./ Sec. 175.640 Special requirements for Class 9 (miscellaneous 
hazardous) material./ Sec. 176.906 Stowage and handling of asbestos./ 
Sec. 177.844 Class 9 (miscellaneous hazardous) materials. These 
sections prescribe requirements for minimization of occupational 
exposure to asbestos. RSPA proposed to eliminate these sections because 
it believes that other Federal regulations more than adequately address 
occupational exposures to workers. Commenters requested that RSPA 
retain these sections and stated that RSPA is required by Congress to 
promulgate regulations for the safe transportation of hazardous 
materials, including the loading, unloading and storage incidental 
thereto. One commenter stated that ``it is inappropriate for RSPA to 
withdraw its jurisdiction simply because another Federal agency 
regulation infringes on RSPA's area of responsibility.'' RSPA continues 
to believe that other Federal regulations more than appropriately 
address occupational exposures to workers. Therefore, there is no need 
for RSPA to maintain these additional requirements and RSPA is removing 
these sections from the HMR.

[[Page 18929]]

Part 176
    Sec. 176.79  Spaces exposed to carbon monoxide or other hazardous 
vapors. This section prescribes occupational requirements for personnel 
exposed to carbon monoxide vapors. In the NPRM, RSPA stated that the 
provisions of Sec. 176.79 are governed under 46 CFR Part 97. A 
commenter stated that 46 CFR Part 97 only applies to inspected vessels, 
i.e., those vessels required to be issued certificates of inspection 
under the provisions of 46 U.S.C., and not vessels of foreign nations. 
Therefore, the commenter stated that personnel on non-inspected and 
foreign vessels, which constitute the vast majority of vessels carrying 
hazardous materials in the U.S. waters, would not be afforded any 
protection from carbon monoxide vapors.
    RSPA acknowledges that the requirements in 46 CFR Part 97 only 
apply to inspected vessels, but it is inappropriate to regulate under 
the HMR worker protection from carbon monoxide vapors being emitted 
from trucks or other mechanized equipment used aboard vessels. This 
issue is not unique to hazardous materials transportation. Therefore, 
RSPA is removing this section from the HMR.
Part 177
    Sec. 177.811  Astray shipments. This section prescribes 
requirements for a package that has lost its label. The section states 
that a carrier must place a FLAMMABLE LIQUID label on a package that 
has lost its label. RSPA is removing the requirements of Sec. 177.811 
because current industry practices and compliance with Part 172 of the 
HMR (e.g., proper shipping name and identification number markings on 
packages) make it very unlikely that a carrier will have ``no 
knowledge'' of the contents of a package of hazardous materials.
    Sec. 177.813  Inefficient containers. This section states that 
experience gained on damaged packages must be recorded by the Bureau of 
Explosives (BOE) to determine if a packaging should be prohibited from 
use. This action is no longer taken by the BOE; therefore, this section 
is removed.
    Sec. 177.823  Marking and placarding of motor vehicles. RSPA 
received comments concerning the proposed removal of provisions for 
transportation of leaking cargo tanks in part 177. Several commenters 
stated that relocating the provisions for transportation of leaking 
cargo tanks from Sec. 177.856 to Sec. 177.823 would cause confusion 
since the heading of this section refers to marking and placarding of 
motor vehicles. RSPA is relocating the provisions for leaking cargo 
tanks from Sec. 177.856 to Sec. 177.823. However, in order to eliminate 
any confusion, RSPA is revising the heading of Sec. 177.823 to read 
``Movement of motor vehicles in emergency situations.''
    Sec. 177.837(a)  Class 3 (flammable) liquid materials. Paragraph 
(a) of this section requires that the engine of a motor vehicle must be 
turned off when the vehicle is being loaded with Class 3 materials. 
RSPA proposed to remove this restriction because it is no longer 
necessary and often not practical, especially for application to diesel 
engines during cold weather. Two commenters requested that RSPA retain 
the requirements stating that an operating motor vehicle engine 
represents an ignition source. Commenters also stated that National 
Fire Protection Standards require that the motor of a cargo tank motor 
vehicle be shut down throughout the transfer operations of flammable 
liquids. Two commenters supported the proposal and stated that it is 
very difficult to restart a diesel engine if it becomes too cold and 
keeping the engine running could facilitate the removal of the trailer 
in the event of an emergency.
    The provision in paragraph (a) of Sec. 177.837 applies to all motor 
vehicles loading or unloading flammable liquids including those 
transporting non-bulk packages, not just to cargo tank motor vehicles. 
Based on this broad application, RSPA believes that it is not necessary 
to shut off the engine of all motor vehicles loading or unloading non-
bulk packages of flammable liquids. However, RSPA agrees with those 
commenters who stated that the engines of cargo tank motor vehicles 
carrying Class 3 material should be shut off during loading/unloading 
operations. Accordingly, RSPA is not removing paragraph (a) but is 
revising it so that it only applies to cargo tank motor vehicles.
    Sec. 177.838  Class 4 materials, Class 5 and Division 4.2 
materials. Section 177.838(d) prescribes requirements for ``loose or 
baled nitrate of soda bags'' and Sec. 177.838(e) prescribes blocking 
and bracing requirements for ``strike-anywhere matches''. RSPA is 
removing Sec. 177.838(d) because ``loose or baled nitrate of soda 
bags'' are no longer routinely transported and, therefore, it is 
unnecessary. RSPA is removing Sec. 177.838(e) because these modal 
operational requirements are no longer necessary based on current 
packaging requirements for strike-anywhere matches.
    Sec. 177.853  Transportation and delivery of shipments. RSPA 
proposed to remove paragraphs (b) and (c) of this section which 
prescribe general requirements on the movement of hazardous materials. 
The provisions of paragraph (a) were proposed to be moved to 
Sec. 177.800. Two commenters stated that it is premature to remove 
paragraphs (b) and (c) until RSPA determines when transportation begins 
and ends. RSPA believes that removing paragraphs (b) and (c) does not 
impinge on its ability to determine the definition of ``in 
transportation.'' The provisions found in paragraphs (b) and (c) 
address areas that should be handled through responsible business 
practices and not regulatory requirements.
    Sec. 177.855  Accidents; Class 1 (explosive) materials./ 
Sec. 177.856 Accidents; Class 3 (flammable liquid) materials./
Sec. 177.857 Accidents; Class 4 (flammable solid) and Class 5 
(oxidizing) materials./Sec. 177.858 Accidents; Class 8 (corrosive) 
materials./Sec. 177.859 Accidents; Class 2 (gases) materials./
Sec. 177.860 Accidents or leakage; Division 6.1 (poisonous) or Division 
2.3 (poisonous gas) materials./Sec. 177.861 Accidents; Class 7 
(radioactive) materials. These sections prescribe general guidance on 
emergency response activities. RSPA proposed to remove these sections 
because of the addition of the emergency response provisions in Part 
172. Several commenters requested that RSPA retain these sections 
because these provisions should be in addition to, and not in lieu of, 
the emergency response information of Part 172. One commenter stated 
that in order to protect the hazardous materials industry from 
intrusion from other Federal and State agencies into the area of 
hazardous materials transportation, RSPA should retain these sections. 
One commenter, who agreed with RSPA's proposal to remove these 
sections, stated that responders probably do not use the provisions in 
these sections in an emergency situation.
    RSPA disagrees with commenters who stated that these sections 
should be retained in order to keep other Federal and State agencies 
from regulating the actions to be taken in the event of a 
transportation-related incident involving hazardous materials. RSPA 
continues to believe that these sections may not provide appropriate 
required actions to protect the public or the environment. The 
emergency response information required to be carried with hazardous 
materials is a much better source of information relative to the 
initial mitigation actions to be taken. Most of these sections were 
written prior to current standards addressing emergency response 
operations. The

[[Page 18930]]

means and mechanisms of responding to hazardous materials incidents 
have evolved greatly since these sections were introduced into the HMR. 
The Environmental Protection Agency and the Occupational Safety and 
Health Administration have regulations addressing environmental clean-
up and emergency response operations and have expertise in this area. 
Fire departments and other emergency response organizations are better 
equipped and trained to handle hazardous materials transportation 
incidents. In addition, these sections apply to motor carriers only. 
They do not apply to the emergency responders, other than motor carrier 
personnel, who are called upon to respond to hazardous materials 
transportation incidents. Based on the foregoing, RSPA is removing the 
accident mitigation provisions in Secs. 177.855-177.861 from the HMR.

D. Duplicative Sections

    The following is a listing of those sections that are removed from 
the HMR because they are duplicative or refer the reader to a section 
of general applicability. In removing the sections listed below, RSPA 
believes that no substantive regulatory requirements are being removed. 
For example, RSPA is removing Secs. 174.480 and 174.580 because these 
requirements are already covered under Sec. 174.680. Several commenters 
were confused by RSPA's proposal to remove some of these sections and 
believed that RSPA was actually removing regulatory requirements. This 
is not the case. RSPA is merely consolidating provisions of the HMR to 
make a smaller and less burdensome set of regulations.

List of Affected Sections

171.13  Emergency regulations.
173.314(h)  Requirements for compressed gases in tank car tanks.
173.444  Labeling requirements.
173.446  Placarding requirements.
173.463  Packaging and shielding-testing for integrity.
174.7  Compliance and training.
174.12  Intermediate shippers and carriers.
174.45  Reporting hazardous materials incidents.
174.69  Removal of placards and car certifications after unloading.
174.100  Forbidden Class 1 (explosive) materials.
174.208  Rail cars, truck bodies, or trailers with fumigated or treated 
lading.
174.380  Class 3 (flammable liquid) materials, with a subsidiary hazard 
of Division 6.1 (poisonous) materials, with foodstuffs.
174.430  Special handling requirements for Division 4.2 (pyroforic 
liquid) materials.
174.480  Class 4 (flammable solid) materials, with a subsidiary hazard 
of Division 6.1 (poisonous) materials, with foodstuffs.
174.580  Division 5.1 (oxidizer) materials, with a subsidiary hazard of 
Division 6.1 (poisonous materials), with foodstuffs.
174.615  Cleaning cars.
174.800  Special handling requirements for Class 8 (corrosive) 
materials.
174.810  Special handling requirements for wet electric storage 
batteries.
175.45  Reporting hazardous materials incidents. (With applicable 
change to Sec. 171.15 and 171.16)
176.76 (f), (g)(1),(4)  Transport vehicles, freight containers, and 
portable tanks containing hazardous materials.
176.78(g), (4),(5)  Use of powered-operated industrial trucks on board 
vessels.
176.331  Transportation of Class 3 (flammable) liquids with foodstuffs.
176.419  Class 4 (flammable solids) or Class 5 (oxidizers and organic 
peroxides) materials transported with foodstuffs.
176.800  General stowage requirements. (last sentence)
177.803  Export and import shipments by domestic carriers by motor 
vehicles.
177.805  Canadian shipments and packagings.
177.806  U.S. Government material.
177.807  Reporting hazardous materials incidents.
177.808  Connecting carrier shipments.
177.809  Carrier's material and supplies.
177.812  Containers required.
177.814  Retention of cargo tank motor vehicle manufacturer's 
certificate, maintenance and other reports.
177.821(c) (d)(f)  Hazardous materials forbidden or limited for 
transportation.
177.825 Routing and training requirements for Class 7 (radioactive) 
materials.
177.836  Nonexplosive material.
178.346-3  Structural integrity.
178.346-4  Joints.
178.346-5  Manhole assemblies.
178.346-6  Supports and anchoring.
178.346-7  Circumferential reinforcement.
178.346-8  Accident damage protection.
178.346-9  Pumps, piping, hoses and connections.
178.346-12  Gauging devices.
178.346-14  Marking.
178.346-15  Certification.
178.347-3  Structural integrity.
178.347-4  Joints.
178.347-6  Supports and anchoring.
178.347-7  Circumferential reinforcement.
178.347-8  Accident damage protection.
178.347-9  Pumps, piping, hoses and connections.
178.347-11  Outlets.
178.347-12  Gauging devices.
178.347-14  Marking.
178.347-15  Certification.
178.348-3  Structural Integrity.
178.348-4  Joints.
178.348-5  Manhole assemblies.
178.348-6  Supports and anchoring.
178.348-7  Circumferential reinforcement.
178.348-8  Accident Damage Protection.
178.348-11  Outlets.
178.348-12  Gauging devices.
178.348-14  Marking.
178.348-15  Certification.
179.100-2  Approval.
179.100-5  Bursting pressure.
179.100-11  Tank mounting.
179.100-22  Certificate of construction.
179.104  Special requirements for spec. 105A200-F tank car tanks.
179.104-1  Tanks built under these specifications must meet the 
requirements of Secs. 179.100, 179.101, and when applicable 
Secs. 179.102 and 179.104.
179.104-2  Type.
179.104-3  Tank mounting.
179.104-4  Welding.
179.106  [Reserved]
179.200-2  Approval.
179.200-5  Bursting pressure.
179.200-12  Tank mounting. See Sec. 179.10.
179.200-20  Interior heater systems.
179.200-26  Certificate of construction.
179.202--179.202-22  [Reserved]
179.220-2  Approval.
179.220-5  Bursting pressure.
179.220-12  Tank mounting.
179.220-21  Interior heating systems.
179.220-27  Certificate of construction.
179.300-2  Approval.
179.300-5  Bursting pressure.
179.300-11  Tank mounting.
179.400-2  Approval.
179.400-6(a)  Bursting and buckling pressure.
179.400-26  Certificate of construction.
179.500-2  Approval.
179.500-9  Tank mounting.

III. Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under

[[Page 18931]]

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 final 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; and
    (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. RSPA has determined the 
effective date of Federal preemption for these requirements is October 
1, 1996.
    This final rule removes unnecessary, obsolete and duplicative 
regulations governing the transportation of hazardous materials, and 
does not have sufficient federalism impacts to warrant the preparation 
of a federalism assessment.

Executive Order 12778

    Any interested person may petition RSPA's Administrator for 
reconsideration of this final rule within 30 days of publication of 
this rule in the Federal Register, in accordance with the procedures 
set forth at 49 CFR 106.35. Neither the filing of a petition for 
reconsideration nor any other administrative proceeding is required 
before the filing of a suit in court for review of this rule.

Regulatory Flexibility Act

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule does not 
impose any new requirements on persons subject to the HMR.

Paperwork Reduction Act

    This final rule does not impose 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 107

    Administrative practice and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

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 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive 
materials, Reporting and recordkeeping requirements.

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.

49 CFR Part 179

    Hazardous materials transportation, Railroad safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, 49 CFR parts 107, 171, 172, 173, 
174, 175, 176, 177, 178, and 179 are amended to read as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.


Sec. 107.111  [Amended]

    2. In Sec. 107.111, paragraph (d) is removed and reserved.


Sec. 107.504  [Amended]

    3. In Sec. 107.504(a) and (c), the phrase ``three years'' is 
removed and replaced with the phrase ``six years'' each place it 
appears.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    4. The authority citation for part 171 continues to read as 
follows:

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


Sec. 171.13  [Removed]

    5. Section 171.13 is removed.
    6. In Sec. 171.15, paragraph (b), the introductory text is revised 
to read as follows:


Sec. 171.15  Immediate notice of certain hazardous materials incidents.

* * * * *
    (b) Except for transportation by aircraft, each notice required by 
paragraph (a) of this section shall be given to the Department by 
telephone (toll-free) on 800-424-8802. Notice involving shipments 
transported by aircraft must be given to the nearest FAA Civil Aviation 
Security Office by telephone at the earliest practical

[[Page 18932]]

moment after each incident in place of the notice to the Department. 
Notice involving etiologic agents may be given to the Director, Centers 
for Disease Control, U.S. Public Health Service, Atlanta, Ga. (800) 
232-0124, in place of the notice to the Department or (toll call) on 
202-267-2675. Each notice must include the following information:
* * * * *
    7. In Sec. 171.16, paragraph (b) is revised to read as follows:


Sec. 171.16  Detailed hazardous materials incident reports.

* * * * *
    (b) Each carrier making a report under this section shall send the 
report to the Information Systems Manager, DHM-63, Research and Special 
Programs Administration, Department of Transportation, Washington, DC 
20590-0001; and, for incidents involving transportation by aircraft, a 
copy of the report shall also be sent to the FAA Civil Aviation 
Security Office nearest the location of the incident. A copy of the 
report shall be retained for a period of two years, at the carrier's 
principal place of business, or at other places as authorized and 
approved in writing by an agency of the Department of Transportation.
* * * * *

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

    8. The authority citation for part 172 continues to read as 
follows:

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

    9. In Sec. 172.101, paragraph (g) is revised to read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *
    (g) Column 6: Labels. Column 6 specifies codes which represent the 
hazard warning labels required for a package filled with a material 
conforming to the associated hazard class and proper shipping name, 
unless the package is otherwise excepted from labeling by a provision 
in subpart E of this part, or part 173 of this subchapter. The first 
code is indicative of the primary hazard of the material. Additional 
label codes are indicative of subsidiary hazards. Provisions in 
Sec. 172.402 may require that a label other than that specified in 
Column 6 be affixed to the package in addition to that specified in 
Column 6. No label is required for a material classed as a combustible 
liquid or for a Class 3 material that is reclassed as a combustible 
liquid. The codes contained in Column 6 are defined according to the 
following table:

                        Label Substitution Table                        
------------------------------------------------------------------------
             Label code                           Label name            
------------------------------------------------------------------------
1..................................  Explosive.                         
1.1 \1\............................  Explosive 1.1.\1\                  
1.2 \1\............................  Explosive 1.2.\1\                  
1.3 \1\............................  Explosive 1.3.\1\                  
1.4 \1\............................  Explosive 1.4.\1\                  
1.5 \1\............................  Explosive 1.5.\1\                  
1.6 \1\............................  Explosive 1.6.\1\                  
2.1................................  Flammable Gas.                     
2.2................................  Non-Flammable Gas.                 
2.3................................  Poison Gas.                        
3..................................  Flammable Liquid.                  
4.1................................  Flammable Solid.                   
4.2................................  Spontaneously Combustible.         
4.3................................  Dangerous When Wet.                
5.1................................  Oxidizer.                          
5.2................................  Organic Peroxide.                  
6.1 (I) \2\........................  Poison.                            
6.1 (II) \2\.......................  Poison.                            
6.1 (III) \2\......................  Keep Away From Food.               
6.2................................  Infectious Substance.              
7..................................  Radioactive.                       
8..................................  Corrosive.                         
9..................................  Class 9.                           
------------------------------------------------------------------------
\1\ Refers to the appropriate compatibility group letter.               
\2\ The packing group for a material is indicated in column 5 of the    
  table.                                                                

* * * * *


Sec. 172.101  [Amended]

    10. In Sec. 172.101, the following changes are made to the 
Hazardous Materials Table:
    a. In Column (5), the heading is revised to read ``PG''.
    b. For the entry ``Ethyl methyl ether'', in Column (8B), the 
nonbulk packaging reference is revised to read ``201''.
    c. In column (6) the heading is revised to read ``Label codes'', 
and:
    (1) The word ``EXPLOSIVE'' is removed in each place it appears;
    (2) The words ``FLAMMABLE GAS'' are removed and replaced with 
``2.1'' in each place they appear;
    (3) The words ``NONFLAMMABLE GAS'' are removed and replaced with 
``2.2'' in each place they appear;
    (4) The words ``POISON GAS'' are removed and replaced with ``2.3'' 
in each place they appear;
    (5) The words ``FLAMMABLE LIQUID'' are removed and replaced with 
``3'' in each place they appear;
    (6) The words ``FLAMMABLE SOLID'' are removed and replaced with 
``4.1'' in each place they appear;
    (7) The words ``SPONTANEOUSLY COMBUSTIBLE'' are removed and 
replaced with ``4.2'' in each place they appear;
    (8) The words ``DANGEROUS WHEN WET'' are removed and replaced with 
``4.3'' in each place they appear;
    (9) The word ``OXIDIZER'' is removed and replaced with ``5.1'' in 
each place it appears;
    (10) The words ``ORGANIC PEROXIDE'' are removed and replaced with 
``5.2'' in each place they appear;
    (11) The word ``POISON'' is removed and replaced with ``6.1'' in 
each place it appears;
    (12) The words ``KEEP AWAY FROM FOOD'' are removed and replaced 
with ``6.1'' in each place they appear;
    (13) The words ``INFECTIOUS SUBSTANCE'' are removed and replaced 
with ``6.2'' in each place they appear;
    (14) The word ``RADIOACTIVE'' is removed and replaced with ``7'' in 
each place it appears;
    (15) The word ``CORROSIVE'' is removed and replaced with ``8'' in 
each place it appears;
    (16) The word ``CLASS'' is removed in each place it appears; and
    (17) For the entries ``Organic peroxide type B, liquid''; ``Organic 
peroxide type B, liquid, temperature controlled''; ``Organic peroxide 
type B, solid''; and ``Organic peroxide type B, solid, temperature 
controlled'' the label entries are revised to read ``5.2, 1''.

Appendix A to Sec. 172.101--[Amended]

    11. In Appendix A to Sec. 172.101, in ``Table 1--Hazardous 
Substances Other Than Radionuclides'', the second column, ``Synonyms'', 
is removed.


Sec. 172.201  [Amended]

    12. In Sec. 172.201, paragraph (b) is removed and reserved.
    13. In Sec. 172.203, paragraph (i)(4) is added to read as follows:


Sec. 172.203  Additional description requirements.

* * * * *
    (i) * * *
    (4) The name of the shipper.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    14. The authority citation for part 173 continues to read as 
follows:

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


Sec. 173.11, Sec. 173.324, Sec. 173.444, Sec. 173.446, Sec. 173.451, 
Sec. 173.463, Sec. 173.477, Sec. 173.478  [Removed]

    15. Sections 173.11, 173.324, 173.444, 173.446, 173.451, 173.463, 
173.477 and 173.478 are removed.

[[Page 18933]]

Sec. 173.314  [Amended]

    16. In Sec. 173.314, paragraph (h) is removed and reserved.


Sec. 173.453  [Amended]

    17. In the introductory text of Sec. 173.453, the wording 
``Secs. 173.451 through'' is revised to read ``Secs. 173.457 and''.

PART 174--CARRIAGE BY RAIL

    18. The authority citation for part 174 continues to read as 
follows:

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


Sec. 174.7, Sec. 174.12, Sec. 174.33, Sec. 174.45, Sec. 174.69, 
Sec. 174.100, Sec. 174.107, Sec. 174.109, Sec. 174.208, Sec. 174.280, 
Sec. 174.380  [Removed]

Subpart H (Secs. 174.410-174.480)--[Removed]

Subpart I (Secs. 174.510-174.580)--[Removed]

Subpart L (Secs. 174.800 and 174.810)--[Removed]

Subpart M (Sec. 174.840)--[Removed]

    19. Sections 174.7, 174.12, 174.33, 174.45, 174.69, 174.100, 
174.107, 174.109, 174.208, 174.280, 174.380, Subpart H consisting of 
Secs. 174.410, 174.430, 174.450, and 174.480, Subpart I consisting of 
Secs. 174.510, 174.515, and 174.580, Subpart L consisting of 
Secs. 174.800, and 174.810, and Subpart M consisting of Sec. 174.840 
are removed.


Sec. 174.615  [Amended]

    20. In Sec. 174.615, paragraph (a) is removed and reserved.

PART 175--CARRIAGE BY AIRCRAFT

    21. The authority citation for part 175 continues to read as 
follows:

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


Sec. 175.45 and Sec. 175.640  [Removed]

    22. Sections 175.45 and 175.640 are removed.

PART 176--CARRIAGE BY VESSEL

    23. The authority citation for part 176 continues to read as 
follows:

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


Sec. 176.33, Sec. 176.79, Sec. 176.331, Sec. 176.419, 
Sec. 176.906  [Removed]

    24. Sections 176.33, 176.79, 176.331, 176.419, and 176.906 are 
removed.


Sec. 176.76  [Amended]

    25. In Sec. 176.76, paragraphs (f), (g)(1) and (g)(4) are removed, 
introductory text of paragraph (g) is redesignated as paragraph (f) 
introductory text, and paragraphs (g)(2), (g)(3), and (g)(5) are 
redesignated as paragraphs (f)(1), (f)(2), and (f)(3), respectively and 
paragraphs (h) and (i) are redesignated as paragraphs (g) and (h), 
respectively.


Sec. 176.78  [Amended]

    26. In Sec. 176.78, paragraphs (g)(4) and (g)(5) are removed and 
reserved.
    27. In Sec. 176.800, paragraph (a) is revised to read as follows:


Sec. 176.800  General stowage requirements.

    (a) Each package required to have a Class 8 (corrosive) label 
thereon being transported on a vessel must be stowed clear of living 
quarters, and away from foodstuffs and cargo of an organic nature.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    28. The authority citation for part 177 continues to read as 
follows:

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

    29. In Sec. 177.800, paragraph (d) is added to read as follows:


Sec. 177.800  Purpose and scope of this part and responsibility for 
compliance and training.

* * * * *
    (d) No unnecessary delay in movement of shipments. All shipments of 
hazardous materials must be transported without unnecessary delay, from 
and including the time of commencement of the loading of the hazardous 
material until its final unloading at destination.


Sec. 177.803, Sec. 177.805, Sec. 177.806, Sec. 177.807, Sec. 177.808, 
Sec. 177.809, Sec. 177.811, Sec. 177.812, Sec. 177.813, Sec. 177.814, 
Sec. 177.815, Sec. 177.825, Sec. 177.826, Sec. 177.836, Sec. 177.844, 
Sec. 177.853, Sec. 177.855, Sec. 177.856, Sec. 177.857, Sec. 177.858, 
Sec. 177.859, Sec. 177.860, Sec. 177.861  [Removed]

    30. Sections 177.803, 177.805, 177.806, 177.807, 177.808, 177.809, 
177.811, 177.812, 177.813, 177.814, 177.815, 177.825, 177.826, 177.836, 
177.844, 177.853, 177.855, 177.856, 177.857, 177.858, 177.859, 177.860, 
and 177.861 are removed.


Sec. 177.821  [Amended]

    31. In Sec. 177.821, paragraphs (c), (d), (e), and (f) are removed.
    32. In Sec. 177.823, the section heading is revised and new 
paragraphs (b) and (c) are added to read as follows:


Sec. 177.823  Movement of motor vehicles in emergency situations.

* * * * *
    (b) Disposition of contents of cargo tank when unsafe to continue. 
In the event of a leak in a cargo tank of such a character as to make 
further transportation unsafe, the leaking vehicle should be removed 
from the traveled portion of the highway and every available means 
employed for the safe disposal of the leaking material by preventing, 
so far as practicable, its spread over a wide area, such as by digging 
trenches to drain to a hole or depression in the ground, diverting the 
liquid away from streams or sewers if possible, or catching the liquid 
in containers if practicable. Smoking, and any other source of 
ignition, in the vicinity of a leaking cargo tank is not permitted.
    (c) Movement of leaking cargo tanks. A leaking cargo tank may be 
transported only the minimum distance necessary to reach a place where 
the contents of the tank or compartment may be disposed of safely. 
Every available means must be utilized to prevent the leakage or 
spillage of the liquid upon the highway.
    33. In Sec. 177.837, paragraph (a) is revised to read as follows:


Sec. 177.837  Class 3 (flammable liquid) materials.

* * * * *
    (a) Engine stopped. Unless the engine of a cargo tank motor vehicle 
is to be used for the operation of a pump, no Class 3 material shall be 
loaded into, or on, or unloaded from any cargo tank motor vehicle while 
the engine is running.
* * * * *


Sec. 177.838  [Amended]

    34. In Sec. 177.838, paragraphs (d) and (e) are removed and 
reserved.

PART 178--SPECIFICATIONS FOR PACKAGINGS

    35. The authority citation for part 178 continues to read as 
follows:

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


Sec. 178.346-3, Sec. 178.346-4, Sec. 178.346-5, Sec. 178.346-6, 
Sec. 178.346-7, Sec. 178.346-8, Sec. 178.346-9, Sec. 178.346-12, 
Sec. 178.346-14, Sec. 178.346-15, Sec. 178.347-3, Sec. 178.347-4, 
Sec. 178.347-6, Sec. 178.347-7, Sec. 178.347-8, Sec. 178.347-9, 
Sec. 178.347-11, Sec. 178.347-12, Sec. 178.347-14, Sec. 178.347-15, 
Sec. 178.348-3, Sec. 178.348-4, Sec. 178.348-5, Sec. 178.348-6, 
Sec. 178.348-7, Sec. 178.348-8, Sec. 178.348-11, Sec. 178.348-12, 
Sec. 178.348-14, Sec. 178.348-15  [Removed]

    36. Sections 178.346-3, 178.346-4, 178.346-5, 178.346-6, 178.346-7, 
178.346-8, 178.346-9, 178.346-12, 178.346-14, 178.346-15, 178.347-3, 
178.347-4, 178.347-6, 178.347-7, 178.347-8, 178.347-9, 178.347-11,

[[Page 18934]]

178.347-12, 178.347-14, 178.347-15, 178.348-3, 178.348-4, 178.348-5, 
178.348-6, 178.348-7, 178.348-8, 178.348-11, 178.348-12, 178.348-14, 
and 178.348-15 are removed.

Subpart J--[Amended]

    37. In subpart J, Sec. 178.346-10, Sec. 178.346-11, and 
Sec. 178.346-13 are redesignated as Sec. 178.346-3 through 
Sec. 178.346-5, respectively; Secs. 178.347-5, 178.347-10, and 178.347-
13 are redesignated as Secs. 178.347-3 through 178.347-5, respectively; 
and Secs. 178.348-9, 178.348-10, and 178.348-13 are redesignated as 
Secs. 178.348-3 through 178.348-5, respectively.

PART 179--SPECIFICATIONS FOR TANK CARS

    38. The authority citation for part 179 continues to read as 
follows:

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


Sec. 179.100-2, Sec. 179.100-5, Sec. 179.100-11, Sec. 179.100-22, 
Sec. 179.104, Sec. 179.104-1, Sec. 179.104-2, Sec. 179.104-3, 
Sec. 179.104-4, Sec. 179.106-179.106-4, Sec. 179.200-2, Sec. 179.200-5, 
Sec. 179.200-12, Sec. 179.200-20, Sec. 179.200-26, Sec. 179.202-
179.202-22, Sec. 179.220-2, Sec. 179.220-5, Sec. 179.220-12, 
Sec. 179.220-21, Sec. 179.220-27, Sec. 179.300-2, Sec. 179.300-5, 
Sec. 179.300-11, Sec. 179.400-2, Sec. 179.400-26, Sec. 179.500-2, 
Sec. 179.500-9  [Removed]

    39. Sections 179.100-2, 179.100-5, 179.100-11, 179.100-22, 179.104, 
179.104-1, 179.104-2, 179.104-3, 179.104-4, 179.106-- 179.106-4, 
179.200-2, 179.200-5, 179.200-12, 179.200-20, 179.200-26, 179.202--
179.202-22, 179.220-2, 179.220-5, 179.220-12, 179.220-21, 179.220-27, 
179.300-2, 179.300-5, 179.300-11, 179.400-2, 179.400-26, 179.500-2, and 
179.500-9 are removed.


Sec. 179.400-6   [Amended]

    40. In Sec. 179.400-6, paragraph (a) is removed and reserved.

    Issued in Washington, DC on April 1, 1996, under authority 
delegated in 49 CFR part 1.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. 96-9555 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-60-P