[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Rules and Regulations]
[Pages 27166-27176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12955]




[[Page 27165]]


_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



49 CFR Parts 171, 172, 173, etc.



Revision of Miscellaneous Hazardous Materials Regulations; Regulatory 
Review; Final Rule

  Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules 
and Regulations  

[[Page 27166]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 176, 177, 178, and 180

[Docket HM-222B; Amdt. Nos. 171-145, 172-149, 173-253, 176-40, 177-87, 
178-116, and 180-9]
RIN 2137-AC76


Revision of Miscellaneous Hazardous Materials Regulations; 
Regulatory Review

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

ACTION: Final rule.

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

SUMMARY: RSPA is amending 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 reducing the 
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.

DATES: Effective date. October 1, 1996.
    Compliance date. Immediate compliance is authorized.
    Incorporation by reference. The incorporation by reference of a 
publication listed in this amendment is approved by the Director of the 
Federal Register as of October 1, 1996.

FOR FURTHER INFORMATION CONTACT: John A. Gale, (202) 366-8553; Office 
of Hazardous Materials Standards, or Karin V. Christian, (202) 366-
4400, Office of the Chief Counsel, 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 that were held between September 1995 and January 1996.
    On February 20, 1996, RSPA published a Notice of Proposed 
Rulemaking (NPRM) (61 FR 6478) under Docket HM-222B that proposed to 
amend various sections of the HMR based on agency initiative and on 
written and oral comments received from the public on regulatory 
reform. In particular, RSPA proposed to reduce the requirements 
pertaining to training frequency, incident reporting, and emergency 
response telephone numbers.

II. Summary of Amendments

    RSPA received approximately 90 comments to the NPRM. Most of the 
comments supported the proposals and requested that RSPA adopt them as 
soon as possible. The commenters, including many small businesses, 
stated that they would benefit directly from the adoption of the 
proposal in Docket HM-222B without any reduction of safety. Several 
commenters commended RSPA's commitment to effecting meaningful 
regulatory reform. Some commenters, however, did raise concerns about 
the impact on safety if these proposals were adopted. Commenters also 
raised issues that were beyond the scope of the proposed rule; however, 
these issues may be considered in future rulemakings.
    RSPA believes that the amendments adopted in this final rule strike 
a balance between safety and costs imposed on the regulated community. 
RSPA does not believe that the result of the amendments in this final 
rule will be a decrease in safety to the public or the environment.

Part 171

    Section 171.16. In the NPRM, RSPA proposed, except for materials 
transported by aircraft, to except limited quantities of Packing Group 
II and III materials from the incident reporting requirements in 
Sec. 171.16. RSPA stated in the NPRM 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.
    RSPA received a number of comments on the proposal to revise the 
incident reporting requirements. Most of the commenters supported the 
proposal and cited the cost savings to the regulated community without 
any decrease in safety. Some commenters did not agree with the proposal 
and stated that large numbers of limited quantity packages could cause 
a serious incident to occur. Others requested that the proposal be 
modified to except only that material which can be controlled in the 
immediate release area. RSPA believes that the continued reporting of 
incidents involving these materials is of minimal value when weighed 
against the burden placed on carriers who are required to prepare and 
submit incident reports. In addition, if a large number of limited 
quantity packages causes a serious incident to occur that meets a 
criterion in Sec. 171.15, a written report is still required. 
Therefore, RSPA is adopting this amendment as proposed.

Part 172

    Section 172.101. As proposed, RSPA is amending 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, is 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), are relocated to 
Sec. 173.63(b) to minimize confusion.
    RSPA is also amending, as proposed, 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.
    In this final rule, RSPA is also making some minor changes to the 
headings of some of the columns of the Hazardous Materials Table. The 
headings for columns (8), (8B) and (8C) are revised to read ``Packaging 
(Sec. 173.***)'', ``Nonbulk'', and ``Bulk'', respectively. The headings 
for column (9A), (10), (10A) and (10B) are revised to read ``Passenger 
aircraft/rail'', ``Vessel; Stowage'', ``Location'', and ``Other'', 
respectively. These changes will make

[[Page 27167]]

the headings more descriptive of the referenced requirements therein 
and will also decrease the size of the Hazardous Materials Table.
    Section 172.102. As proposed, RSPA is removing Special Provision 
112.
    Section 172.201. As proposed, RSPA is amending Sec. 172.201(d) by 
adding a cross-reference to Sec. 172.604(c).
    Sections 171.11, 172.203 and 172.324. Currently, 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. In the NPRM, RSPA proposed to require that at least 
two hazardous substances be identified on shipping papers and package 
markings for hazardous materials containing two or more hazardous 
substances. This proposal is consistent with the technical name 
requirements in Sec. 172.203(k).
    RSPA received several comments in support of this proposed change. 
Commenters stated these changes would facilitate overall compliance. 
Some commenters who supported the proposal requested that RSPA provide 
guidance on which hazardous substances should be identified. A 
commenter opposed to the change stated that the Environmental 
Protection Agency (EPA) requires that persons who have custody of 
hazardous substances report the release of every constituent hazardous 
substance for these materials.
    RSPA does not believe that requiring only two constituent hazardous 
substances to be identified on shipping papers and package markings 
will cause persons to be in violation of the EPA's reporting 
requirements in 40 CFR 302.6. However, in response to the comments, 
RSPA is not adopting the rule as proposed but is modifying the proposal 
to require identification of those hazardous substances with the lowest 
reportable quantities (RQ). For release of mixtures or solutions, 
including hazardous wastes, where the amount of the mixture or solution 
is unknown, a person is required under 40 CFR 302.6, to report to the 
National Response Center (NRC) when the amount of the mixture or 
solution equals or exceeds the lowest RQ. Therefore, if the two 
materials with the lowest RQs are identified, a carrier will have 
sufficient information to satisfy the reporting requirements of the EPA 
under 40 CFR 302.6. In addition, RSPA is revising Sec. 171.11(d)(1) to 
be consistent with the changes in Secs. 172.203 and 172.324.
    RSPA also proposed to remove paragraph (e)(3) to eliminate the 
requirement to include the statement ``RESIDUE: Last Contained * * *'' 
on shipping papers for a shipping description of packages containing 
only the residue of a hazardous substance. Many commenters 
misunderstood the proposal as also removing the requirement to enter 
the statement ``RESIDUE: Last Contained * * *'' before the shipping 
description for a tank car which contains the residue of a hazardous 
substance. This is not the case. The shipping description for a tank 
car that contains the residue of a hazardous material, including a 
hazardous substance, is required by Sec. 172.203(e)(2) to be prefaced 
with the statement ``RESIDUE: Last Contained * * *''. The removal of 
Sec. 172.203(e)(3) eliminates the requirement to preface the shipping 
description of a residue of a hazardous substance in a package other 
than a tank car (e.g., drum or cargo tank) with the statement 
``RESIDUE: Last Contained * * *.''
    Section 172.316. Based on a comment received under Docket HM-222, 
RSPA proposed to modify Sec. 172.316 to allow the CLASS 9 label in 
place of the ORM-D marking on packages of consumer commodities. RSPA 
received only two comments on this proposal, both opposing it. One of 
the comments was submitted by the commenter who had suggested the 
revision. Since the commenter originally requesting the revision 
believes the change would cause unnecessary confusion and would require 
the retraining of numerous employees with minimal benefit, RSPA is not 
adopting the proposal to allow the CLASS 9 label in place of the ORM-D 
marking.
    Section 172.402. As proposed, RSPA is revising Sec. 172.402 by 
adding 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. 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.
    Section 172.500. As proposed, RSPA is amending this section by 
adding a new paragraph (b)(4) to clarify that small quantities of 
hazardous materials prepared in accordance with Sec. 173.13 are 
excepted from the placarding requirements of Subpart F of Part 172.
    Section 172.600. As proposed, RSPA is excepting all ORM-D material 
from the emergency response information and telephone number 
requirements of Subpart G of Part 172, even when offered for 
transportation or transported by aircraft.
    Section 172.604. Based on its own initiative and petitions for 
rulemaking, and because of the belief that the costs to implement these 
requirements outweigh the benefits, RSPA proposed 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''; and ``Refrigerating machine''.
    RSPA received numerous comments opposing the proposal to except 
liquid petroleum distillate fuels from the 24-hour emergency response 
telephone number requirement. Commenters opposing the proposed 
exception included: emergency responders, petroleum transporters, trade 
associations, State and local agencies, environmental contractors and 
consultants, and a railroad association. These commenters stated that 
the benefits of retaining the 24-hour telephone number for liquid 
petroleum distillate fuels outweigh the costs. Commenters stated that 
the 24-hour telephone number enables emergency responders to 
immediately contact the parties involved to arrange for clean-up of a 
spill. A commenter stated that information on the composition of a 
particular gasoline may be available only from the shipper through the 
emergency response telephone number. Other commenters stated that many 
gasolines contain ethyl alcohol, methyl alcohol or other oxygenating 
components that traditional firefighting foams are considerably less 
effective on than are alcohol foams. Commenters also stated that many 
small fire departments have never handled a major spill involving large 
volumes of gasoline or propane. The commenters stated that responders 
need every resource available to them in the event of a hazardous 
materials spill.
    RSPA received several comments from businesses and trade 
organizations in favor of the proposal to except liquid petroleum 
distillate fuels from the 24-hour emergency response telephone number 
requirement. The commenters agreed with RSPA's statement in the NPRM 
that emergency responders routinely handle incidents involving liquid 
petroleum distillate fuels and that it is questionable whether 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.

[[Page 27168]]

    RSPA received few comments on the proposal to except limited 
quantities, and other miscellaneous materials, from the 24-hour 
telephone number requirement. Those in favor of the proposal cited the 
high costs associated with providing an emergency response telephone 
number against the minimal hazards associated with such small 
quantities of material. One commenter stated that the exception for the 
emergency response telephone number for hazardous materials in limited 
quantities will provide the regulated community with significant relief 
while not sacrificing safety. Those opposing the proposal stated that 
since limited quantities of materials are already excepted from other 
hazard communication requirements, e.g., labeling, that emergency 
responders are already hampered when responding to an incident 
involving these materials and that excepting them from the emergency 
response telephone number would only create more problems for 
responders.
    RSPA believes that providing emergency response information to 
emergency responders is an important aspect of its hazardous materials 
safety program. Emergency response information enhances communication 
pertaining to the safe handling and identification of hazardous 
materials involved in transportation incidents. The intent of the NPRM 
was to relax the emergency response information requirements for those 
materials where the costs to maintain the information were believed to 
outweigh the benefits derived from providing the information. Based on 
the comments received opposing the proposal to except liquid petroleum 
distillate fuels from the 24-hour emergency response telephone number 
requirement, RSPA has decided not to adopt the proposed exception for 
liquid petroleum distillate fuels. Commenters stated that the costs to 
maintain the 24-hour emergency response telephone number for liquid 
petroleum distillate fuels do not outweigh the benefits and, therefore, 
the requirement should be retained. As expressed by one commenter, a 
propane distributor who would have directly benefited from the 
exception, the cost to maintain a 24-hour emergency telephone number is 
minimal and the cost poses no real financial burden, especially 
considering the safety of emergency response personnel, the public, and 
the environment.
    With regard to the proposed exception for limited quantities, 
consumer commodities transported by aircraft, and other miscellaneous 
materials, RSPA continues to believe that the costs to maintain a 24-
hour emergency response telephone number outweigh the benefits of 
providing the information for millions of small shipments. However, 
RSPA believes that the impact on air transportation safety of excepting 
``Mercury contained in manufactured articles'' from the 24-hour 
emergency response telephone number requirement requires further study. 
Therefore, except for ``Mercury contained in manufactured articles'', 
RSPA is adopting an exception from the emergency response telephone 
number requirements of Sec. 172.604 for limited quantities, consumer 
commodities transported by aircraft, and other miscellaneous materials.
    Based on its own initiative, RSPA proposed 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. RSPA 
received numerous comments both in support of and against the proposed 
clarification. RSPA believes that the issues raised by the commenters 
need further review and will finalize its decision on this proposal in 
a future rulemaking. Therefore, in the interim, multiple emergency 
response phone numbers are authorized on a shipping paper if the 
requirements of Sec. 172.604 are met.
    Sections 172.702 and 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 received numerous written and oral 
comments in support of decreasing the frequency specified to retrain 
hazmat employees in accordance with Subpart H of Part 172. In the NPRM, 
RSPA proposed to decrease the frequency of recurrent hazmat training 
from two years to three years. RSPA stated that 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.
    RSPA received numerous comments in support of this proposal and 
many comments in opposition. Commenters supporting the proposal 
included: shippers, carriers, safety and trade associations, oil and 
petrochemical companies and associations, a railroad association. Some 
commenters requested that RSPA extend the training to every four years. 
The commenters stated that the amendment would significantly reduce 
costs to the regulated community without any decrease in safety. 
Commenters who supported the proposal to extend the training frequency 
requirements to every three years stated that the change would allow 
hazmat employers to provide for more cost-effective training of hazmat 
employees, since training times could be better coordinated to 
accommodate employee work schedules and varying business cycles. Some 
commenters who supported the proposal stated that extending the 
training frequency is consistent with other regulatory requirements 
(e.g., Canadian regulations). One commenter noted that, although 
international regulations require training on a two-year cycle, 
inclusion of the phrase ``at least'' enables persons involved in 
international transportation to comply with both requirements without 
any conflict or confusion. Commenters also stated that if RSPA adopts a 
change to the training frequency requirements, then a corresponding 
change to the recordkeeping requirements is also necessary.
    Those commenters who opposed the proposed change in training 
frequency included: trade and service associations, training and 
consulting organizations, shippers and carriers, and emergency response 
organizations. These commenters stated that the proposal to increase 
the training frequency would have a detrimental impact on safety. Some 
commenters also stated that the proposal will diminish the apparent 
importance of the DOT program in the eyes of employees and supervisors.
    RSPA believes that one of the most important regulatory 
requirements in the HMR is its training requirement. Proper training 
increases a hazmat employee's awareness of safety considerations 
involved in the loading, unloading, handling, storing, and 
transportation of hazardous materials. An effective training program 
reduces hazardous materials incidents resulting from human error and 
mitigates the effects of incidents when they occur. The importance of 
RSPA's training requirements is not diminished by a decrease in the 
frequency of training from two to three years. However, RSPA is not 
adopting commenter suggestions to extend the training frequency to 
every four years. The adoption of a three-year interval for training 
frequency strikes a balance between an effective training program and 
the costs that are imposed on the regulated community. Therefore, RSPA 
is revising the training frequency for hazmat employees from every two 
years to every three years. In addition, as requested by commenters, 
RSPA is adjusting the recordkeeping requirements for training records 
to specify that training records be retained for three years.

[[Page 27169]]

    In the preamble to the NPRM, RSPA stated: ``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.'' A number of commenters were 
concerned with this statement because they did not see any 
corresponding proposed change to the HMR. Some commenters also 
expressed concern with the statement that hazmat employees must be 
retrained every time a change to the HMR is adopted because it could 
require retraining several times a year.
    Section 172.702 (Subpart H) states that any person who performs a 
function subject to the HMR may not perform that function unless 
trained in accordance with the requirements prescribed in the subpart. 
In addition, a hazmat employer must insure that each hazmat employee is 
thoroughly instructed in the requirements that apply to functions 
performed by that employee. If a new regulation is adopted, or an 
existing regulation is changed, that relates to a function performed by 
a hazmat employee, that hazmat employee must be instructed in those new 
or revised function specific requirements without regard to the timing 
of the three year training cycle. It is not necessary to completely 
retrain the employee sooner than the required three year cycle. The 
only instruction required is that necessary to assure knowledge of the 
new or revised regulatory requirement. For example, if a new 
requirement is added to the shipping paper requirements, a hazmat 
employee must be instructed regarding the new requirement prior to 
performance of a function affected by the new or revised rule. It is 
not necessary to test the hazmat employee, or retain records of the 
instruction provided in the new or revised requirements until the next 
scheduled retraining at or within the three year cycle. In order to 
clarify the training requirements of the HMR, RSPA is revising 
Sec. 172.702(b) to state that an employee must be instructed in the 
requirements of the HMR that apply to each function performed by the 
employee without a reference to the requirements of subpart H (e.g., 
the training, testing and recordkeeping requirements of Sec. 172.704). 
This amendment makes it clear that RSPA does not intend that millions 
of detailed records be created and retained and associated testing be 
conducted each time a hazmat employee is instructed in regard to a 
change in the regulations within the three year cycle. Consistent with 
this amendment, RSPA is also revising Sec. 172.704(d) to clarify that 
only records of the training required by Sec. 172.704, and not the 
subpart, are required to be maintained. In addition, as proposed, RSPA 
is adding a reference in Sec. 172.702(b) to the exception provided in 
Sec. 172.704 for employees employed less than 90-days.
    RSPA proposed 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 is adopting the amendment, as proposed 
in the NPRM, to add the word ``direct'' preceding the word 
``supervision'' in Sec. 172.704(c)(1). RSPA requires that the person 
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 in regard to any function not performed in conformance with the 
HMR.

Part 173

    Section 173.4. As proposed, RSPA is revising the HMR to permit 
Division 4.2 and 4.3 materials and hazardous materials identified in 
paragraph (a)(11) to be shipped under the small quantity provisions. 
RSPA is also adding a new paragraph (c) to allow small quantities of 
certain categories of hazardous materials 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 is also revising the marking requirements in paragraph (a)(10). 
These changes to Sec. 173.4 are intended to ease burdens on industry 
and facilitate international transportation of hazardous materials in 
very small quantities. RSPA received several comments in support of 
these amendments. One commenter requested that RSPA continue to 
authorize the previously required marking. RSPA agrees and has modified 
the amendment to authorize the previously required marking for an 
additional five years.
    Section 173.13. In the NPRM, RSPA proposed to add a new Sec. 173.13 
that incorporates, 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 in special packagings of high 
integrity to be transported without their primary or subsidiary labels. 
In addition, RSPA proposed to except these materials from the 
placarding and segregation requirements of the HMR.
    RSPA received several comments on this issue in support of adopting 
these exemptions into the HMR, but the commenters also requested 
further clarification. Two commenters noted that one of the inner 
packagings required by the exemptions was not included in the proposed 
new section. Commenters also requested that the section be broadened to 
include air transport and materials poisonous by inhalation, as 
presently authorized in the exemptions. Commenters also requested that 
the term ``rigid can'' be clarified and that all affected exemptions be 
identified.
    Commenters who opposed adoption of this new section were concerned 
about the loss of controls that are provided under an exemption. In 
addition, commenters were concerned that there would be no clear 
identification on the package that the package is being offered for 
transportation or transported under the provisions of Sec. 173.13.
    RSPA believes that the safety record of the ``poison pack'' 
exemption packagings over the years has shown that they are acceptable 
for inclusion in the HMR. However, several points of clarification and 
revision to the proposal are necessary. First, RSPA is extending the 
application of Sec. 173.13 to permit transportation by cargo aircraft. 
RSPA will continue to monitor the transportation of these packages with 
materials poisonous by inhalation and by passenger carrying aircraft 
under the terms of the exemption, and therefore, is not extending the 
application of the new section to cover these operations. These 
operations can continue under the applicable exemptions. RSPA is also 
requiring another level of inner packaging to be consistent with the 
exemptions. In order to clarify the term ``rigid can'', RSPA is 
changing the term to ``metal can.''
    RSPA agrees with commenters who were concerned that packages 
prepared in accordance with Sec. 173.13 would not be readily 
identifiable in transportation. Therefore, RSPA is adopting in this 
final rule a marking requirement similar to that required for small 
quantities prepared in accordance with Sec. 173.4. Packages prepared in 
accordance with Sec. 173.13 must be marked, in association with the 
proper shipping name, with the following statement: ``This package 
conforms to 49 CFR 173.13.''
    One commenter was concerned that no specific exception from the 
segregation requirements was proposed in the section, as is provided in 
the exemptions. RSPA notes that the

[[Page 27170]]

segregation requirements of the HMR are based on package labels. 
Therefore, materials that are excepted from the labeling requirements 
of the HMR are also excepted from the segregation requirements of the 
HMR. For clarification, RSPA is revising Secs. 172.500 and 173.13 to 
note that packages conforming to the requirements in Sec. 173.13 are 
excepted from the placarding requirements of the HMR.
    Commenters requested that RSPA identify all of the exemptions 
potentially affected by the adoption of Sec. 173.13. Those exemptions 
are DOT E-7891, 7909, 8249, 9168, 10672, 10755, 10891, 10962, and 
10977.
    Section 173.21. In the NPRM, RSPA proposed to incorporate into 
Sec. 173.21 the provisions of a competent authority approval for 
temperature-controlled shipments. RSPA received several comments in 
support of the proposal, but commenters also requested changes to the 
section. One commenter noted that no specific reference to cargo tanks 
or portable tanks was made in the proposed section and questioned 
whether they were included. Section 173.21(f)(3) does not authorize 
packagings, but provides methods of stabilization that are authorized 
by the Associate Administrator for Hazardous Materials Safety. 
Therefore, cargo tanks or portable tanks are not excluded from the 
provisions of Sec. 173.21(f)(3).
    Several commenters requested that Sec. 173.21(f)(3)(i)(B), which 
requires the temperature of the material to be measured and entered on 
a written record at the time the material is filled, only apply to bulk 
packagings and not to all packagings. The commenters stated that 
measuring and recording the temperature of every small, individual 
package as it is filled is an unnecessary burden that would do nothing 
to enhance transportation safety. RSPA believes that measuring and 
recording the temperature of the packaging prior to transport is an 
important part of the approved stabilization process. However, RSPA is 
revising Sec. 173.21(f)(3)(i)(B) to require determination of the 
temperature of the package, by appropriate means, at the time it is 
loaded into the transport vehicle, not when the package is filled. This 
should eliminate the unnecessary measurement of packages that are in 
storage and not in transportation.
    Section 173.32a. As proposed, RSPA is removing the requirement that 
an approval agency submit an approval certificate to the Associate 
Administrator for Hazardous Materials Safety.
    Section 173.155. RSPA is amending this section as proposed.
    Section 173.171. Sections 173.171 and 177.838(g) prescribe 
requirements for smokeless powder for small arms. However, 
Sec. 177.838(g) provides additional relief by allowing 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. Therefore, as 
proposed, RSPA is removing the Sec. 177.838(g) provisions pertaining to 
classification and packaging, and adding the provision concerning 
smokeless powder in overpacks to Sec. 173.171. In addition, as 
proposed, RSPA is broadening the exception for reclassification of 
smokeless powder to Division 4.1 to include transportation by vessel 
and cargo aircraft. RSPA received two comments on this proposal. One 
commenter agreed with the proposal but requested that there be no limit 
on the amount of material authorized per transport vehicle. In the 
NPRM, RSPA proposed to extend the application of an existing section, 
i.e., Sec. 173.171, to other modes of transport, but the amount of 
material authorized per transport vehicle was not proposed for 
amendment. RSPA believes that the Sec. 173.171 100-pound limitation on 
smokeless powder, reclassed as a Division 4.1 material, per transport 
vehicle is necessary to retain the level of safety that has been 
maintained for the last several years in the highway and rail modes. 
One of the major arguments submitted in support of the original 
regulatory provision was that the 100-pound limit would preclude a 
major conflagration should these materials become involved in cargo 
fires. Therefore, RSPA has not adopted the commenter's request to 
eliminate the 100-pound weight limitation. Another commenter objected 
to RSPA extending this reclassification to transportation by aircraft 
because of its potential explosive hazards. This provision is 
consistent with an exemption (DOT E-9997) that was issued in 1988. 
Based on the successful experience under this exemption, RSPA believes 
there is no basis for the suggestion that the reclassification of 
smokeless powder for small arms to Division 4.1, under special testing 
and approval procedures would provide an unacceptable level of safety 
in air transportation. Therefore, RSPA is extending the applicability 
of Sec. 173.171 to transportation by cargo aircraft.
    Section 173.220. RSPA is amending this section as proposed.
    Section 173.230. RSPA is amending this section as proposed.
    Section 173.435. In Sec. 173.435, RSPA is amending the Table of 
A1 and A2 values by adding an entry for MFP (mixed fission 
products). This entry was inadvertently left off the table under Docket 
HM-169A (61 FR 20747).

Part 176

    Section 176.104. RSPA is amending this section as proposed.

Part 177

    Section 177.801. RSPA is amending this section as proposed.
    Section 177.818. RSPA is removing this section as proposed.
    Section 177.821. RSPA is removing this section as proposed.
    Section 177.822. RSPA is removing this section as proposed.
    Sections 177.824, 177.834, and 180.407. In the NPRM, RSPA proposed 
to remove Secs. 177.824 and 177.834(j) because they duplicate other HMR 
provisions. RSPA proposed removing Sec. 177.834(b) because RSPA is not 
aware of any hazardous material that is transported on pole trailers. 
RSPA also proposed to add a new Sec. 177.834(j) consolidating the 
provisions of 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.
    RSPA received several comments in support of these proposals. One 
commenter requested that RSPA not delete Sec. 177.824 because it would 
eliminate the responsibility of a motor carrier who is transporting 
another party's cargo tank from satisfying the inspection and retesting 
requirements of Part 180. RSPA agrees with the commenter; however, 
rather than retaining Sec. 177.824, RSPA is removing it and revising 
Sec. 180.407 to make it clear that a cargo tank may not be transported 
unless it conforms to the retest requirements of Part 180. Otherwise, 
RSPA is adopting these amendments as proposed.
    Section 177.835. RSPA is removing paragraphs (k), (l), and (m) as 
proposed.
    Section 177.838. RSPA is amending this section as proposed.
    Section 177.839. In the NPRM, RSPA proposed to revise paragraph (a) 
by limiting the applicability of the paragraph to nitric acid in 
concentrations of 50 percent or greater. In addition, RSPA proposed 
removing the paragraph (a) restriction on stacking containers of nitric 
acid higher than two tiers and all of paragraph (b) because they are 
outdated and unnecessary. RSPA received one comment that supported the 
proposed amendments to

[[Page 27171]]

Sec. 177.839 but requested clarification of the term ``other material'' 
as used in the section. The term ``other material'' refers to any other 
kind of material, including nonhazardous materials. Therefore, RSPA has 
adopted the amendments as proposed.
    Section 177.841. As proposed, RSPA is amending Sec. 177.841, 
consistent with Sec. 175.630, to authorize the transport of foodstuffs 
and poisons in the same motor vehicle when loaded into separate closed 
unit load devices. In addition, RSPA is removing 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. RSPA received several comments in support of this 
proposal. In addition, one commenter requested that RSPA authorize any 
Division 6.1 material, except materials poisonous by inhalation, to be 
transported with food grade material provided both materials are 
appropriately packaged in performance-oriented containers. RSPA 
believes this request to be beyond the scope of this rulemaking and has 
not adopted this commenter's request.
    Section 177.848. RSPA is amending this section as proposed.

Part 178

    Section 178.315. In the NPRM, RSPA proposed removing the 
Specification MC200 requirements from the HMR because RSPA believes 
that this container is no longer utilized in hazardous materials 
service. RSPA received one comment on this proposal stating that the 
commenter was unaware of any person using the DOT Specification MC200. 
Therefore, as proposed, RSPA is removing the Specification MC200 
requirements from the HMR.

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 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 so 
minimal 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; 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 final rule clarifies 
and provides relief from certain regulations governing the 
transportation of hazardous materials. RSPA has determined the 
effective date of Federal preemption for these requirements is October 
1, 1996. Because RSPA lacks discretion in this area, preparation of a 
federalism assessment is not warranted.

Regulatory Flexibility Act

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

Paperwork Reduction Act

    Information collection requirements subject to approval by the 
Office of Management and Budget (OMB) are addressed in this final rule 
in Sec. 171.16 for incident reporting (OMB control number 2137-0039) 
and subpart C of part 172 and Sec. 172.604 for shipping papers (OMB 
control number 2137-0034). Provisions in this final rule will result in 
minor reduction in information collection burdens under both approvals. 
RSPA is requesting reinstatement and revision of OMB control number 
2137-0039 from OMB and will display, through publication in the Federal 
Register, the control number when it is approved by OMB. Public comment 
on this request was invited through publication of a Federal Register 
notice on March 5, 1996 (61 FR 8706). OMB control number 2173-0034 is 
currently approved and the change in burden is not sufficient to 
warrant revision of the approval. Under the Paperwork Reduction Act of 
1995, no person generally is required to respond to a requirement for 
collection of information unless the requirement displays a valid OMB 
control number.

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, Incorporation by reference, 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, Incorporation by reference, 
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.

[[Page 27172]]

49 CFR Part 178

    Hazardous materials transportation, Packaging and containers, 
Reporting and recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, 49 CFR parts 171, 172, 173, 176, 
177, 178, and 180 are amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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


Sec. 171.7   [Amended]

    1a. In Sec. 171.7(a)(3), in the table, the entry ``International 
Maritime Dangerous Goods (IMDG) Code, 1990 Consolidated Edition, as 
amended by Amendment 27 (1994) (English edition)'', in column 2, the 
reference ``173.21;'' is added in appropriate numerical order.
    1b. In Sec. 171.11, paragraph (d)(1) is revised to read as follows:


Sec. 171.11   Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (1) For a material that meets the definition of a hazardous 
substance as defined in this subchapter, the shipping paper and package 
markings must conform to the provisions in Sec. 172.203(c) and 172.324, 
respectively, of this subchapter.
* * * * *
    2. In Sec. 171.16, paragraph (c) is revised, paragraph (d)(2) is 
amended by removing the word ``nor'' at the end of the paragraph, 
paragraph (d)(3) is redesignated as paragraph (d)(4), and a new 
paragraph (d)(3) is 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 a packaging 
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 COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    3. The authority citation for part 172 continues 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 
amendments are made:
    a. The headings for columns (8), (8B),(8C), (9A), (10), (10A), and 
(10B) are revised to read ``Packaging (Sec. 173. * * *)'', ``Nonbulk'', 
``Bulk'', ``Passenger aircraft/rail'', ``Vessel Stowage'', 
``Location'', and ``Other'', respectively.
    b. 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'' is removed.
    c. For the entries ``Cartridges for weapons, blank or Cartridges, 
small arms, blank, UN 0014'', ``Cartridges for weapons, inert 
projectile or Cartridges, small arms, UN0012'', and ``Cartridges, power 
device, UN0323'', in Column (8A), the word ``None'' is revised to read 
``63''.
    d. For the entry ``Cartridges, small arms'', in Column (8A), the 
number ``230'' is revised to read ``63''.
    e. For the entry ``Ethanol or Ethyl alcohol or Ethanol solutions or 
Ethyl alcohol solutions'', in Column (7), the number ``24,'' is added 
immediately preceding ``T1'', in Packing Group II, and the number 
``24,'' is added immediately preceding ``B1'' in Packing Group III.
    f. For the entry ``Smokeless powder for small arms (100 pounds or 
less), NA3178'', in Column (9B), the word ``Forbidden'' is revised to 
read ``7.3 kg''.


Sec. 172.102   [Amended]

    5. In Sec. 172.102, in paragraph (c)(1), special provision ``112'' 
is removed.
    6. In Sec. 172.201, paragraph (d) is 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) is 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 must be entered in parentheses in 
association with the basic description. If the material contains two or 
more hazardous substances, at least two hazardous substances, including 
the two with the lowest reportable quantities (RQs), must be 
identified. For a hazardous waste, the waste code (e.g., D001), if 
appropriate, may be used to identify the hazardous substance.
* * * * *


Sec. 172.203  [Amended]

    8. In addition, in Sec. 172.203, the following amendments are made:
    a. In paragraph (e)(2), the phrase ``and paragraph (e)(3) of this 
section'' is removed.
    b. Paragraph (e)(3) is removed.
    9. In Sec. 172.324, paragraph (a) is 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 of 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, including the two with the lowest reportable 
quantities (RQs), must be identified. For a hazardous waste, the waste 
code (e.g., D001), if appropriate, may be used to identify the 
hazardous substance.
* * * * *
    10. In Sec. 172.402, paragraph (d) is revised to read as follows:

[[Page 27173]]

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.
* * * * *
    11. In Sec. 172.500, paragraphs (b)(4) and (b)(5) are redesignated 
as paragraphs (b)(5) and (b)(6), respectively, and a new paragraph 
(b)(4) is added to read as follows:


Sec. 172.500  Applicability of placarding requirements.

* * * * *
    (b) * * *
    (4) Hazardous materials prepared in accordance with Sec. 173.13 of 
this subchapter;
* * * * *
    12. In Sec. 172.600, paragraph (d) is 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.
    13. In Sec. 172.604, new paragraph (c) is added to read as follows:


Sec. 172.604  Emergency response telephone number.

* * * * *
    (c) The requirements of this section do not apply to--
    (1) Hazardous materials that are offered for transportation under 
the provisions applicable to limited quantities; and
    (2) 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'', or ``Refrigerating machine''.
    14. In Sec. 172.702, paragraph (b) is revised to read as follows:


Sec. 172.702  Applicability and responsibility for training and 
testing.

* * * * *
    (b) Except as provided in Sec. 172.704(c)(1), a hazmat employee who 
performs any function subject to the requirements of this subchapter 
may not perform that function unless instructed in the requirements of 
this subchapter that apply to that function. It is the duty of each 
hazmat employer to comply with the applicable requirements of this 
subchapter and to thoroughly instruct each hazmat employee in relation 
thereto.
* * * * *
    15. In Sec. 172.704, paragraphs (c)(1) and (c)(2) and the 
introductory text of paragraph (d) are 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.
* * * * *
    (d) Recordkeeping. A record of current training, inclusive of the 
preceding three years, in accordance with this section shall be created 
and retained by each hazmat employer for as long as that employee is 
employed by that employer as a hazmat employee and for 90 days 
thereafter. The record shall include:
* * * * *

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

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

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

    17. In Sec. 173.4, the section heading is revised, paragraph 
(a)(11) is removed, paragraph (a) introductory text, paragraphs (a)(9) 
and (a)(10) are revised, and a new paragraph (c) is 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'' or, alternatively, until October 1, 2001, with the 
statement ``This package conforms to the conditions and limitations 
specified in 49 CFR 173.4.''
* * * * *
    (c) Packages which contain a Class 2, Division 4.2 (PG I), or 
Division 4.3 (PG I) material conforming to paragraphs (a)(1) through 
(a)(10) of this section may be offered for transportation or 
transported if specifically approved by the Associate Administrator for 
Hazardous Materials Safety.
    18. Section 173.13 is 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 Classes 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 and placarding requirements of 
this subchapter if prepared for transportation 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, rail car, or cargo-only aircraft. 
Only hazardous materials permitted to be transported aboard a cargo-
only aircraft by column (9B) of the Hazardous Materials Table in 
Sec. 172.101 of this subchapter are authorized for transport aboard 
cargo-only aircraft pursuant to the provisions of this section.
    (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

[[Page 27174]]

(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, metal can.
    (iii) The metal can must be securely closed. For liquids that are 
in Division 4.2 or 4.3, the metal can must be hermetically sealed. For 
Division 4.2 materials in Packing Group I, the metal can must be tested 
in accordance with part 178 of this subchapter at the Packing Group I 
performance level.
    (iv) The metal can must be placed in a fiberboard box that is 
placed in a hermetically-sealed barrier bag which is impervious to the 
lading.
    (v) The intermediate packaging must be placed inside a securely 
closed, outer packaging conforming to Sec. 173.201.
    (vi) Not more than four intermediate packagings 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 in a 
fiberboard box that is placed in a hermetically-sealed barrier bag 
which is impervious to the lading.
    (iv) The intermediate packaging must be placed inside an outer 
packaging conforming to Sec. 173.211.
    (v) Not more than four intermediate packagings are permitted in an 
outer packaging.
    (d) The outside of the package must be marked, in association with 
the proper shipping name, with the statement: ``This package conforms 
to 49 CFR 173.13.''
    19. In Sec. 173.21, paragraph (f)(3) is 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 this paragraph (f) 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 hazardous material at or below the control temperature required 
for the material during transportation.
    (B) Each package containing a material meeting the criteria of this 
paragraph (f) must be loaded and maintained at or below the control 
temperature required for the material. The temperature of the material 
must be determined by appropriate means and entered on a written record 
at the time the packaging is loaded.
    (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 shall 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 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).
* * * * *
    20. In Sec. 173.32a, paragraph (c) is 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]

    21. In Sec. 173.155, in paragraph (b)(1), the wording ``4.0 L (1 
gallon)'' is revised to read ``5.0 L (1.3 gallons)''.
    22. In Sec. 173.171, at the end of paragraph (a) the semicolon is 
removed and a period is added in its place, the introductory text and 
paragraph (b) are revised and a new paragraph (d) is 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 may 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

[[Page 27175]]

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).
    23. In Sec. 173.220, paragraph (g)(2) is 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]

    24. Paragraph (b) of Sec. 173.230 is redesignated as paragraph (b) 
of Sec. 173.63 and Sec. 173.230 is removed.
    24a. In Sec. 173.435, in the Table of A1 and A2 values 
for radionuclides, the following entry is added, in appropriate 
alphabetical order, to read as follows:


Sec. 173.435  Table of A1 and A2 values for radionuclides.

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                    Specific activity   
        Symbol of radionuclide         Element and          A1 (TBq)           A1 (Ci)            A2 (TBq)           A2 (Ci)   -------------------------
                                        atomic No.                                                                                (TBq/g)       (Ci/g)  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
MFP..................................  ...........  (see Sec.  173.433)....  ...........  (see Sec.  173.433)....  ...........  ...........  ...........
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 176--CARRIAGE BY VESSEL

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

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

    26. In Sec. 176.104, the first sentence of paragraph (i) is 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

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

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

    28. Section 177.801 is 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.


Secs. 177.818, 177.821, 177.822, and 177.824  [Removed]

    29. Sections 177.818, 177.821, 177.822, and 177.824 are removed.
    30. In Sec. 177.834, paragraph (b) is removed and reserved, and 
paragraph (j) is 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]

    31. In Sec. 177.835, paragraphs (k), (l), and (m) are removed.


Sec. 177.837  [Amended]

    32. In Sec. 177.837, paragraph (d) is removed.
    33. In Sec. 177.838, paragraph (g) is 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''.
* * * * *
    34. Section 177.839 is 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 be loaded above 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.
    35. In Sec. 177.841, paragraph (d) is removed and reserved, and 
paragraph (e)(1) is 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 the 
poisonous material is packaged in accordance with this subchapter and 
is:
    (i) Overpacked in a metal drum as specified in Sec. 173.25(c) of 
this subchapter; or
    (ii) 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]

    36. In Sec. 177.848, paragraph (e)(5), is amended by removing the 
phrase ``ammonium nitrate fertilizer'' and adding in its place the 
phrase ``ammonium nitrate (UN 1942) and ammonium nitrate fertilizer''.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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


[[Page 27176]]


    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]

    38. Sections 178.315, 178.315-1, 178.315-2, 178.315-3, 178.315-4, 
and 178.315-5 are removed.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    39. The authority citation for part 180 continues to read as 
follows:

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


Sec. 180.407   [Amended]

    40. In Sec. 180.407, in paragraph (a)(1), the words ``filled and 
offered for shipment'' are removed and ``filled and offered for 
transportation or transported'' are added in their place.

    Issued in Washington, DC, on May 17, 1996, under authority 
delegated in 49 CFR Part 1.
Rose McMurray,
Acting Deputy Administrator, Research and Special Programs 
Administration.
[FR Doc. 96-12955 Filed 5-29-96; 8:45 am]
BILLING CODE 4910-60-P