[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Rules and Regulations]
[Pages 28666-28682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12954]




[[Page 28665]]


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Part III





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



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49 CFR Part 171, et al.



Transportation of Hazardous Materials by Rail; Miscellaneous 
Amendments; Final Rule

  Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules 
and Regulations  

[[Page 28666]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 174, 178, and 179

[Docket No. HM-216; Amdt Nos. 171-144, 172-148, 173-252, 174-83, 178-
115, 179-52]
RIN 2137-AC66


Transportation of Hazardous Materials by Rail; Miscellaneous 
Amendments

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

ACTION: Final rule.

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

SUMMARY: This final rule amends the Department's Hazardous Materials 
Regulations (HMR) to incorporate a number of changes to rail 
requirements based on rulemaking petitions from industry and RSPA 
initiatives. This action is necessary to update the regulations and to 
respond to petitions for rulemaking. The intended effect of these 
regulatory changes is to improve safety and reduce costs to offerors 
and transporters of hazardous materials.

DATES: Effective date: The effective date of these amendments is 
October 1, 1996.
    Compliance date: Voluntary compliance with the regulations, as 
amended herein, is authorized June 30, 1996.
    Incorporation by reference: The incorporation by reference of 
certain publications listed in these amendments has been approved by 
the Director of the Federal Register as of October 1, 1996.

FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-8553, 
Office of Hazardous Materials Standards, Research and Special Programs 
Administration, Washington DC, 20590-0001, or James H. Rader, telephone 
(202) 366-0510, Office of Safety Assurance and Compliance, Federal 
Railroad Administration, Washington DC, 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 19, 1995, RSPA issued a notice of proposed rulemaking 
(NPRM) under Docket HM-216 [60 FR 65492]. The NPRM proposed 
miscellaneous changes to rail requirements contained in the HMR, based 
on petitions for rulemaking submitted in accordance with 49 CFR 106.31 
or agency initiative.
    RSPA received 22 comments in response to the proposed rule. 
Comments were submitted by chemical manufacturing companies, trade 
associations, emergency response organizations, and rail carriers. 
Commenters were uniformly supportive of RSPA's and FRA's efforts to 
respond to petitions for rulemaking and to reduce regulatory burdens by 
simplifying or updating existing regulations. Several commenters 
suggested other amendments to the HMR as part of this initiative. These 
suggestions are incorporated into this final rule where possible, but 
many are beyond the scope of the rule and should be proposed in a 
future rulemaking action to ensure adequate opportunity for public 
notice and comment.
    This rule is consistent with the goals of President Clinton's 
Regulatory Reinvention Initiative. The President directed Federal 
agencies to review all agency regulations and eliminate or revise those 
that are outdated or in need of reform. A notice issued April 4, 1995 
by RSPA requested comments on regulatory reform (Docket HM-222; 60 FR 
17049) and announced a comprehensive review of the HMR to identify 
provisions that are candidates for elimination, revision, 
clarification, or relaxation. Certain changes in this document reflect 
the results of this review.

II. Summary of Regulatory Changes by Section

    Listed below is a section-by-section summary of changes and, where 
applicable, the assigned petition number.

Part 171

Section 171.7

    Various American Society for Testing and Materials (ASTM) standards 
are updated to reflect the most current version. Other ASTM standards 
that no longer would be referenced in revised Sec. 179.12 are removed. 
In the NPRM, RSPA did not propose any changes to ASTM A 285 and 
proposed an update to ASTM A 515; however, because these standards are 
no longer applicable, they are removed in this final rule.

Part 172

Section 172.101; The Hazardous Materials Table

    Several entries in the Hazardous Materials Table are revised as 
proposed. For the entry ``Dimethylhydrazine, unsymmetrical'', assigned 
Special Provisions B74 and B79, Special Provision B79 is removed. 
Special Provision B74 requires the use of a tank car conforming to a 
Class 105S, 106, 110, 112J, or 114J. Special Provision B79 requires 
each tank car to have a tank head puncture system if the tank was 
constructed prior to April 1, 1989. Because Special Provision B74 
requires all tank cars to meet the requirements of B79, referencing 
Special Provision B79 is unnecessary. For the entry for Calcium 
carbide, Special Provision B59 is added for both Packing Group I and II 
entries. This special provision will authorize the continued use of 
Class AAR 207 tank cars for the transportation of calcium carbide after 
October 1, 1996.

Sections 172.101 (The Hazardous Materials Table) and 172.330

    In the Hazardous Materials Table, RSPA proposed to revise 29 
entries by removing Special Provision B12 assigned to those entries in 
Column (7). This special provision requires the marking of tank cars 
with the proper shipping name or common name of the material. As part 
of the proposal to provide relief from this marking requirement, RSPA 
proposed to consolidate marking requirements currently contained in 
Sec. 172.102 special provisions and in Parts 173 and 179 into 
Sec. 172.330 and limit its applicability to certain materials which 
pose very high risks in transportation. RSPA proposed in the NPRM that 
the requirement to mark the proper shipping name or common name of a 
hazardous material on a tank car be limited to: Division 2.1 and 2.3 
materials; Division 2.2 materials in Class DOT 107 tank cars; anhydrous 
ammonia; ammonia solutions with more than 50% ammonia; bromine and 
bromine solutions; hydrogen cyanide; chloroprene; and refrigerant or 
dispersant gases, as defined in Sec. 173.115. A majority of commenters 
supported this proposal, but several suggested that other commodities 
should be considered for inclusion in the proposed list of commodities 
requiring marking. Two emergency response organizations, the 
International Association of Fire Fighters (IAFF) and the International 
Association of Fire Chiefs (IAFC), strongly opposed elimination of the 
marking requirement. The IAFF claimed that fewer cars would have 
information providing instant confirmation of the contents, thereby 
delaying rescue actions while shipping papers are researched. The IAFC 
agreed, stating that the inability to promptly identify contents of a 
car involved in an incident or accident would increase the hazard to 
fire and emergency service responders. Very little cost or effort is 
involved to stencil the product or proper shipping name on the car, the 
IAFC added. One chemical manufacturer questioned the safety rationale 
of removing this requirement and stated that use of a proper shipping 
name is preferable for loaders/unloaders, repair and cleaning

[[Page 28667]]

facility personnel, and emergency responders, rather than depending 
only on the four-digit identification number. Based on views expressed 
by emergency response organizations and after careful consideration of 
all comments on this issue, RSPA and FRA have decided to retain the 
requirement for marking tank cars with the proper shipping name for all 
commodities currently assigned B12, but to move these requirements to 
Sec. 172.330. Accordingly, this rule provides a list of these 
commodities in Sec. 172.330(a)(1). RSPA and FRA believe that a future 
revision of this list may be warranted because certain high hazard 
materials currently are not subject to this marking requirement, while 
other hazardous materials posing less risk appear on the list. 
Interested readers are invited to submit suggestions as to what proper 
shipping names should be removed, retained or added to the list.

Section 172.102

    Special Provisions B4 and B10 are revised as proposed to remove a 
prohibition on the use of Association of American Railroads (AAR) 206 
tank cars. In the Sec. 172.101 Hazardous Materials Table (HMT), each 
commodity assigned this special provision must be in a packaging 
authorized in Sec. 173.243, which does not allow an AAR 206 tank car. 
Special Provision B5 is revised as proposed to authorize use of tank 
cars, constructed from other than aluminum plate, for ammonium nitrate 
fertilizer. Special Provision B12 is removed, as discussed above.
    Changes to Special Provisions B42, B65, B71, B72, B74, and B76 are 
adopted as proposed. These provisions are revised to clarify that any 
class tank car with a higher test pressure than authorized also may be 
used. Special Provisions B42, B65, and B76 also are revised to 
authorize the optional marking of the tank to a lower pressure 
specification. All but one commenter addressing this issue supported 
the proposed change. Commenters agreed that the proposed option allows 
flexibility for safety valve settings for certain classes of pressure 
cars and allows the originally designed tank pressure to also remain 
marked on the car. One commenter believed that confusion would arise if 
there is an option to mark the tank with either the tank test pressure 
rating or a lower pressure rating, required to coincide with the 
pressure relief device start-to-discharge pressure. RSPA and FRA do not 
believe that either the current requirement or the new option will 
cause confusion. The option adopted in this final rule simply removes 
the mandatory link between marked test pressure and the safety valve 
start-to-discharge settings.
    RSPA is removing a requirement in Special Provision B57 that the 
shipping name CHLOROPRENE must be marked on a tank car. This marking 
requirement is included in the revision of Sec. 172.330(a)(1). Based on 
a comment, RSPA is revising Special Provision B57 to specify a safety 
vent with a minimum diameter of 305 mm (12 inches) with a rupture disc 
pressure of not more than 45 psi. RSPA also is revising the first 
sentence of Special Provision B78 to specify the test pressure and to 
clarify which rail cars are authorized.
    As pointed out by a commenter, RSPA proposed the addition of a new 
class DOT 120A, but overlooked the need to add corresponding special 
provisions. Therefore, authorizations for use of Class DOT 120A tank 
car tanks are added to Special Provisions B71, B74, B76, and B78.

Section 172.203

    Currently, rail carrier shipping paper requirements are contained 
in both Parts 172 and 174. In this final rule, RSPA is moving the 
shipping paper requirements in Part 174 to Part 172. Commenters 
supported the consolidation of shipping paper requirements in Part 172. 
Paragraph (e)(2) is revised as proposed to replace references with a 
specific requirement to precede the basic shipping description with the 
wording ``RESIDUE, LAST CONTAINED.'' Paragraph (g)(1) also is revised 
to adopt a requirement to identify a rail car, freight container, 
transport vehicle, or portable tank that contains a hazardous material 
by reporting mark and number. Several commenters requested that RSPA 
clarify in the final rule that annotating a reporting mark and number 
on a shipping paper applies only to those shipments which are assigned 
reporting marks. RSPA agrees and is limiting this requirement to those 
rail cars, transport vehicles, freight containers and portable tanks 
displaying a reporting mark.

Section 172.205

    This section is revised as proposed. RSPA received unanimous 
support for its proposal to revise paragraph (f) for consistency with 
Environmental Protection Agency (EPA) hazardous waste manifest 
requirements for transportation by rail contained in 40 CFR 263.20(f).

Section 172.330

    Paragraph (a)(1) is revised to clarify marking requirements for 
tank cars. See preamble discussion under Secs. 172.101 and 172.330.

Section 172.510

    Paragraph (a) is revised to require the placement of each placard 
on a white square background on each class DOT 113 tank car used to 
transport a Division 2.1 (flammable gas) material. This change will 
enhance compliance with switching requirements for rail cars by 
communicating to railroad switching crews, through a white square 
background, that a class DOT 113 tank car transporting a Division 2.1 
material may not be cut off while in motion. (See Sec. 174.83(b).) 
Commenters generally supported this proposed change; however, one rail 
carrier opposed it, claiming that such placards require special 
attention and imposing the requirement on class DOT 113 tank cars 
containing flammable gas would dilute the meaning of the square white 
background and be more confusing than helpful. RSPA does not agree and 
believes a white square background will more effectively communicate to 
rail crews the presence of flammable gases, such as liquid hydrogen.
    Several commenters pointed out an unintended change in wording 
which would broaden the requirement for a placard with a square white 
background to all Hazard Zone A materials, including those in a class 
or division other than Division 2.3 or Division 6.1. RSPA is revising 
the proposed wording to limit the requirement for a placard on a square 
white background to Hazard Zone A materials in Divisions 2.3 and 6.1. 
However, after reviewing these comments, RSPA believes this requirement 
should be broadened to apply to all Hazard Zone A materials (with 
corresponding changes in Sec. 174.83) and may propose such a change in 
a future rulemaking action.

Sections 172.510 and 172.526

    The NPRM proposed the removal of provisions for the specifications 
for and use of RESIDUE placards. The majority of commenters to this 
issue supported RSPA's and FRA's proposal to eliminate these 
requirements. These commenters cited standardization among all 
transportation modes, enhanced regulatory understanding and compliance, 
and harmonization with NAFTA and international regulations. One 
chemical manufacturer noted that its emergency response personnel were 
not aware of any incident where the RESIDUE placard has made a 
difference in the outcome of the incident. This commenter maintained 
that eliminating this placard would result in considerable savings to 
the company.

[[Page 28668]]

Several other commenters, including the Chemical Manufacturers 
Association, believed that the determination of what constitutes 
``residue'' is arbitrary and stated that some residue tank cars could 
have a significant amount of product remaining in the tank. One rail 
carrier indicated that a common deficiency is the failure of an offeror 
to completely reverse all placards applied to a tank car. Thus, loaded 
tank cars will often have a RESIDUE placard as one of the four placards 
displayed, or conversely, residue tank cars will still have the 
original loaded placard in one of the holders.
    Only four commenters--the IAFC, two chemical manufacturers and a 
government safety inspector--opposed removing the requirement for the 
use of a RESIDUE placard. The IAFC believed the information is crucial 
to fire and emergency responders because it communicates whether a tank 
car is full or just has residue left in the tank. The IAFC claimed the 
22,000 occasions cited in the NPRM were due to poor compliance and 
inadequate enforcement. The commenter further stated that eliminating 
the RESIDUE placard may significantly increase the hazard or risk to 
fire or emergency response personnel. Not knowing the amount of product 
in a car will force responders to treat all tank cars as if they were 
full, which may result in unnecessary and potentially expensive 
actions.
    RSPA and FRA disagree with the opinion expressed by IAFC that the 
22,000 occasions cited in the NPRM were due both to poor compliance and 
inadequate enforcement since they were discovered as a result of FRA's 
enforcement efforts. As noted by one commenter, RSPA and FRA are aware 
of many ``residue'' tank cars which have remaining product that may 
contain as much as 1,000 gallons or more of hazardous material. 
Moreover, FRA has discovered that some shipments of liquefied 
compressed gases in pressure tank cars that are unloaded through 
equalization of pressure retain as much as one-third of the original 
load. In a fire, a partially-filled tank car can rupture as violently 
as a full tank car, thereby presenting a similar hazard to emergency 
responders. In fact, a partially-filled tank car exposed to fire in 
some circumstances may rupture in less time than a full tank car, 
because a partially-filled tank car has less thermal mass. Clearly, a 
residue placard may lead to a false sense of security. Further, RSPA 
and FRA believe that the primary purpose of placards is to convey the 
presence of a hazardous material, a ``trigger'' to emergency response 
personnel that more needs to be known about the contents of bulk 
packages of hazardous materials before entering a potential danger 
zone. By obtaining a copy of the shipping papers or freight car 
movement documents, emergency response personnel will gain basic 
information on the hazards present and the shipper's emergency response 
telephone number, resulting in better informed decisions about any 
precautions or evacuation measures needed to secure the incident site. 
One chemical manufacturer expressed concern that the removal of the 
residue placard will mandate the use of permanent pressure-sensitive 
placards to general service rail tank cars and, where the commodities 
change frequently, increase the possibility of misidentification of the 
commodity being transported. Nothing in the proposed rule would require 
the use of pressure-sensitive placards. Shippers and carriers may 
continue to use ``tag board'' placards placed within placard holders. 
Based on consideration of all comments received, RSPA is removing all 
provisions applying to the specifications for and use of RESIDUE 
placards.

Part 173

Section 173.24b

    Commenters uniformly supported this proposal to add a mid-range 
temperature for calculating outage and filling limits for certain 
thermally protected and jacketed tank cars. This proposal was based on 
a petition for rulemaking submitted by the Propane Gas Association of 
Canada [P-1251] in cooperation with Transport Canada. Paragraph (a) of 
the proposed rule included provisions for anhydrous ammonia currently 
contained in Note 2 following the Sec. 173.314(c) table. In this final 
rule, RSPA is adopting a mid-range temperature calculation for 
anhydrous ammonia by revising Note 2 of the Sec. 173.314(c) table.

Section 173.29

    Paragraph (f) is removed, consistent with the removal of 
Sec. 172.510(c).

Sections 173.240 through 173.244

    RSPA is adding an authorization for the use of Class 120A tank car 
tanks in each of these sections.

Section 173.314

    Paragraph (b)(5), which contains provisions for marking the proper 
shipping name of certain Class 2 materials on tank cars, is removed 
because these provisions also appear in Sec. 172.330. Paragraph (b)(6) 
is redesignated (b)(5) and amended to revise requirements for heat-
resistant gaskets. Commenters expressed concern as to the difficulty of 
obtaining suitable heat-resistant materials because of the scarcity of 
materials (other than asbestos) that are capable of withstanding 
temperatures of 230 deg.C that are also compatible with the lading. 
Besides temperature and compatibility, the selection of a proper gasket 
must include consideration of many factors, such as the mating of the 
gasket to its seating surfaces, fluid media, operating pressure, flange 
design, bolting data, and size. RSPA and FRA agree with those comments 
that, because of numerous factors involved, criteria for the selection 
of a suitable gasket material is too technically complex for resolution 
at this time. Therefore, this final rule does not define a minimum 
temperature for heat-resistant gaskets, but identifies criteria which a 
shipper must consider in selecting a proper gasket. In addition, in 
analyzing comments to this section, RSPA and FRA discovered that when 
this provision was moved from Sec. 179.102-3(a)(3) to Sec. 173.314 
under changes adopted in Docket HM-181, certain words were 
inadvertently removed. RSPA is restoring this wording to refer to 
``gaskets for manway cover plates.''
    In the paragraph (c) table, several entries are amended to add an 
authorization for use of a Class DOT 120A tank car tank.
    RSPA also is authorizing Class DOT 112J and 112T specification tank 
cars for the transportation of dimethyl ether, as proposed. Currently, 
only the use of a DOT 105A300W tank car is authorized. This is based on 
an exemption issued to Aeropres Corporation (DOT-E 11000) and a 
petition for rulemaking [P-1253].
    RSPA also is revising Note 2 in paragraph (c) of the table. This 
note is assigned to the entry ``Ammonia, anhydrous or ammonia solutions 
>50 percent ammonia'' and the revision will allow shippers to calculate 
outage and filling limits for tank cars based on corresponding changes 
adopted in Sec. 173.24b.
    In addition, RSPA is removing paragraph (i), which currently 
provides alternate settings for safety relief valves on tank car tanks 
used for certain commodities, because pressure relief device 
requirements are being consolidated in Sec. 179.15.

Part 174

Section 174.3

    This section prohibits a shipment of a hazardous material not 
prepared in accordance with Parts 171, 172, and 173

[[Page 28669]]

from being offered for transportation or transported by rail. The 
section is revised as proposed to be consistent with language contained 
in Parts 175, 176 and 177 for unacceptable hazardous materials 
shipments.

Section 174.8 through 174.10

    Inspection requirements currently contained in Secs. 174.8, 174.9 
and 174.10 are consolidated into Sec. 174.9 to clarify a railroad's 
inspection duties at points of origination, interchange points and 
other locations where rail cars must be inspected. Sections 174.8 and 
174.10 are removed. Section 174.9 requires a railroad to inspect each 
rail car for compliance with the HMR and other conditions that may make 
the car unsafe for transportation.
    The final rule further clarifies that a railroad employee may 
perform inspections at ``ground level.'' One commenter, a chemical 
manufacturer, opposed this proposed change because inspections would be 
limited to leaks detectable at ground level. Another commenter 
representing a chemical manufacturing company recognized the 
practicality of ground level inspections, and believed that shippers 
and carriers must work together to ensure proper securement and 
compliance with hazard communication standards. A commenter supporting 
this revision noted that requirements for above ground inspections 
raise substantial safety concerns, are extremely burdensome, and 
significantly impair efficiency. RSPA and FRA believe that ground level 
inspections provide an adequate level of safety and this provision is 
adopted with an editorial revision to clarify provisions for train crew 
inspection.

Section 174.11

    Section 174.11 is removed as proposed because it merely references 
Sec. 171.12a for transportation of Canadian shipments or packagings by 
rail car within the U.S.

Section 174.18

    Section 174.18 concerning the handling of astray packages of 
hazardous materials is obsolete; therefore this section is removed as 
proposed.

Section 174.24

    Shipping paper requirements for rail carriers in Part 174 are moved 
to Part 172. Revised Sec. 174.24 cross-references shipping paper 
requirements in Part 172. One commenter expressed concern that the 
proposed wording of this section would allow origin carriers to accept 
hazardous materials without first receiving shipping papers. The 
commenter believed that documentation shows the offer and acceptance 
affiliation between shipper and carrier and proves that a shipper 
offered hazardous material for transportation prior to acceptance by a 
carrier. RSPA agrees that the wording in this section should be revised 
to clarify that a carrier may not accept or transport a hazardous 
material by rail unless the carrier receives a properly prepared 
shipping document from the shipper.
    Numerous commenters urged RSPA to address electronic transmission 
of a shipper certification. Commenters claimed that adopting a 
provision in Sec. 172.204 to recognize electronic data interchange 
(EDI) or other electronic transmission of shipping paper certifications 
could eliminate the need for an existing exemption, DOT-E-7616. RSPA 
and FRA agree with commenters that this issue should be addressed, but 
believe that adopting new certification provisions for electronic 
transmissions is beyond the scope of this final rule.

Section 174.25

    RSPA is removing the ``placard notation'' requirement since it is 
outdated for emergency response communication. RSPA also is removing 
the requirement for a ``placard endorsement'' placed on a waybill near 
the reporting mark of each rail car, freight container, transport 
vehicle, or portable tank that contains a hazardous material when 
transported by rail. Commenters supporting these proposals cited 
improved hazard communication requirements and technological 
advancements as reasons to eliminate these outdated provisions. The 
only commenter to oppose these proposals, IAFF, claimed that a placard 
notation ``allows the company officer to instantly make an initial 
diagnosis regarding a `go/no go' decision for imminent rescue'' and ``* 
* * offers a point of quick confirmation of the basic hazard.'' IAFF 
further noted that ``* * * removing the placard endorsement cripples 
the ability of the incident commander to make quick and correct 
decisions when life safety is at stake.'' RSPA and FRA disagree with 
IAFF. Hazard communication requirements in the HMR (e.g., proper 
shipping name, hazard class, identification number, packing group and 
emergency response information) are the principal tools that emergency 
response personnel should use to assess the emergency. Because the 
current placard notation is repetitive of other hazard communication 
requirements and generally restates the hazard class of the material, 
it is considered unnecessary for making a ``go/no go'' decision. 
Removing this requirement also makes requirements for railroad 
transportation consistent with other modes. Accordingly, this final 
rule removes requirements for the placard notation and endorsement.
    Other shipping paper requirements in this section, including those 
for tank cars containing the residue of a hazardous material, are 
removed or moved to Part 172.

Section 174.26

    Amendments to this section are adopted as proposed. Paragraph (a) 
is removed because, if a carrier complies with paragraph (b), the 
carrier also is complying with paragraph (a). Paragraphs (b) and (c) 
are redesignated paragraphs (a) and (b), respectively. Newly designated 
paragraph (b) is revised to reference shipping paper requirements of 
Part 172 and specify use of other forms of car movement documents.

Sections 174.47 and 174.48

    As proposed, the provisions in these sections are consolidated into 
revised Sec. 174.50 to prescribe requirements for forwarding shipments 
in violation of the HMR and damaged or leaking packages.

Section 174.49

    This section is removed as proposed because open-flame lanterns are 
no longer used.

Section 174.50

    This section is revised by consolidating requirements of 
Secs. 174.47, 174.48, and 174.50 and by removing all obsolete 
provisions. As proposed, packages other than tank cars would have to be 
repaired, reconditioned, or overpacked prior to subsequent movement. 
Tank cars would have to be repaired or be moved under conditions 
approved by FRA's Associate Administrator for Safety.
    RSPA and FRA have recently learned that at least one business 
entity has interpreted existing Sec. 174.47(b) to permit the ongoing 
movement of noncomplying tank cars once their ``in-violation'' status 
was reported. Neither FRA nor RSPA agree with this interpretation. Both 
agencies believe that the HMR have, even before these amendments, 
clearly prohibited such movement. FRA has consistently taken 
enforcement action against the movement of tank cars that are in 
violation of the HMR. The amendment removes any doubt that the old 
language might have created on the part of one shipper, and provides a 
method for relief where repairs cannot be made without further 
movement. For instance,

[[Page 28670]]

a tank car found en route with missing placards or markings is 
typically ``repaired'' by corrective action on the spot. In more 
serious situations, it may not be possible to conduct an on-site 
repair, such as repair of a tank car with its thermal protection system 
torn or abraded so that it no longer meets a specification. A tank car 
in this condition may only be moved under the authority of an 
exemption.
    Commenters generally believed the proposed changes will promote 
safety, simplify the process, and enable the shipper or carrier to take 
quicker action. Several commenters recommended that the proposed 
section be modified to authorize use of a telephone, fax, or electronic 
mail for notification and FRA approval, with written confirmation to be 
provided within a specified number of days. RSPA and FRA agree with 
this recommendation and are revising the section accordingly.
    The Iowa Department of Transportation asked RSPA to expand the 
proposed provision which would allow a leaking tank car to be switched 
to ``a location distant from habitation and highways'' to include 
``streams'' and ``pipelines within the railroad rights of way.'' The 
Iowa DOT cited a National Transportation Safety Board report on 
activities within railroad rights of way that may disturb pipelines. 
This commenter expressed concern that corrosives or other chemicals 
could pose either an immediate risk or a long-term effect on pipelines 
that would not be readily apparent, with corresponding potential 
effects on water quality and the environment. RSPA and FRA agree in 
principle with the commenter, and this final rule is broadened, not 
just to include streams or pipelines within railroad rights of way, but 
to authorize limited movement of a leaking tank car to reduce or 
eliminate any immediate risk to human health or the environment.

Section 174.55

    Proposed changes to this section were intended to clarify and 
streamline requirements for loading and securing packages of hazardous 
materials. Of the 22 comments submitted in response to the NPRM, only 
three commenters suggested changes to the proposed revision of this 
section. One commenter noted that lading securement requirements should 
apply to both ``transport vehicles'' (as stated in the NPRM) and 
``freight containers'' (as provided in the current regulations). RSPA 
agrees, and the final rule reflects this change.
    The NPRM contained a proposal to streamline requirements by 
eliminating the need to seek DOT approval for lading restraint systems 
that permit ``limited movement.'' RSPA and FRA believe it is not the 
slight movement of hazardous materials packages that creates a safety 
hazard, but their unsecured movement.
    All three commenters believed the proposed requirement that lading 
``be secured'' was too vague; two favored a return to the term 
``blocked and braced'' and the other suggested requiring ``lading 
restraint systems.'' While RSPA and FRA do not agree that the proposal 
was too vague, RSPA is replacing the word ``secured'' in proposed 
Sec. 174.55(a) with language requiring that a package containing a 
hazardous material must be loaded in the transport vehicle or freight 
container so that it cannot fall and must be safeguarded in such a 
manner that other freight cannot fall onto or slide into it. This is a 
performance standard which acknowledges that all packages in a vehicle 
or container may move to a limited degree during transportation without 
adversely affecting their structural and containment integrity.
    The performance standard adopted in this final rule provides rail 
shippers and carriers maximum flexibility in meeting regulatory 
requirements and is consistent with requirements for other modes of 
transportation. At times, damage-free transportation can be achieved by 
loading packages so tightly within a vehicle or freight container that 
each package is protected by those around it and the total load does 
not exceed the design strength of the walls or doors. For such loads, 
no additional equipment or material is necessary. With other load 
configurations, material in addition to the packages is necessary to 
create a tight load.
    In response to concerns expressed by commenters, this final rule 
explicitly mandates blocking and bracing (i.e., a lading restraint 
system), when the required protection cannot be achieved through use of 
other freight.

Section 174.67

    The shipping community uses interior heater coils to improve the 
ability of a solid or viscous product to flow and thereby reduce tank 
car unloading times. The interior coils consist of a series of 
longitudinally arranged and manifolded welded pipe so that one to four 
inlet and outlet pipe connections allow circulation of a heating 
medium, usually steam or hot oil, throughout the entire system. The 
current regulations require that, after a tank equipped with interior 
heater coils is unloaded, the inlet and outlet pipe connections must be 
left open for drainage and to prevent the potential collapse of the 
coils from the vacuum otherwise created from condensing vapors. This 
requirement applies whether or not the coils were actually used to heat 
the commodity from the tank.
    Comments on this issue were split between supporters and those who 
opposed removal of the requirements. Several commenters thought that if 
steam were used, drainage of the condensate would inhibit corrosion. 
RSPA and FRA believe it unlikely that keeping the inlet and outlet pipe 
caps off will actually inhibit corrosion of the coils because heater 
coils become bent and often water remains trapped in pipe valleys. 
Further, because interior heater coils may exceed 700 feet in length 
there is inadequate air flow within the coils to dry them completely. 
In FRA's experience, the single most common failure of interior heater 
coils is not corrosion or collapse but failure of coil anchors. When 
the anchor fails, the coils move, creating stresses. Fatigue cracks may 
occur in these high stress areas and create the potential for a 
hazardous material release, RSPA has, within the last two years, issued 
29 exemptions allowing the transportation of tank cars containing the 
residue of a hazardous material with the heater coil pipe caps on the 
heater coil pipes.
    After considering the comments received, RSPA and FRA conclude that 
coil failures are usually the result of poor maintenance or operational 
practices, both of which should be reviewed by the industry. This final 
rule makes optional the current requirement that the inlet and outlet 
pipe connections must remain open.

Section 174.85

    Corresponding changes in Secs. 172.510 and 172.526 remove 
provisions for a RESIDUE placard. Two commenters noted that proposed 
paragraph (c) referenced ``rail car'' rather than ``tank car'', which 
would expand current provisions. RSPA agrees and is revising paragraph 
(c) to reference a tank car containing a residue of a hazardous 
material.

Part 178

Section 178.337-2

    Two ASTM references are updated in paragraphs (b)(2)(i) and (ii).

Part 179

    The following sections are revised by updating certain ASTM 
specifications and deleting others that are no longer used, based on a 
petition [P-1023] from AAR: Secs. 179.100-7, 179.100-10, 179.100-20, 
179.102-1, 179.102-2, 179.200-7, 179.200-24, 179.201-5, and 179.300-7.

[[Page 28671]]

Sections 179.12 through 179.12-7

    Sections 179.12-1 through 179.12-7 are removed and Sec. 179.12 is 
revised by incorporating provisions from Secs. 179.12-1 and 179.12-5. 
The design and materials of construction for interior heater coils 
require AAR approval. This final rule removes the DOT specification 
requirements and allows AAR greater flexibility in approving heater 
system designs.

Section 179.15

    This section is added to consolidate pressure relief device 
requirements currently contained in Secs. 173.314, 179.100-15, 179.200-
18, 179.201-7 and 179.220-19 and adopt provisions to: (1) increase the 
start-to-discharge pressure of pressure relief devices for certain low 
pressure tanks while allowing the continued use of existing cars; (2) 
allow for a reduced orifice in the upstream nozzle of a pressure relief 
device to accommodate pressure surges; (3) increase the rupture disc 
burst pressure for cars so equipped; (4) standardize the start-to-
discharge pressure setting for all commodities and tank car 
specifications; and (5) align the start-to-discharge pressure for tank 
cars with a setting prescribed by the ASME code for pressure vessels.
    Most commenters endorsed RSPA's proposed addition of this section, 
with minor editorial clarifications, stating that this was a worthwhile 
change in the regulations that would enhance overall safety and benefit 
a number of shippers and carriers. CMA stated that proposed provisions 
in this new section would allow shippers to establish pressure relief 
device settings that are more directly related to the product 
requirements, rather than arbitrarily relating the settings to the tank 
test pressure.
    The AAR and the Railway Progress Institute (RPI) suggested that 
RSPA include the ``mid-range'' temperature proposed in Sec. 173.24b for 
the calculation of outage and filling limits into pressure relief 
device setting requirements. RSPA proposed a mid- range temperature of 
43 deg.C (110 deg.F) for certain thermally protected and jacketed tank 
cars. RSPA and FRA agree, and a mid-range temperature requirement is 
added in paragraph (b)(1).
    Several commenters suggested that RSPA adopt a range for the burst 
pressure, as opposed to a set burst pressure (e.g., from 20 to 33 
percent of the tank burst pressure for DOT 111A60W tank cars). Other 
commenters suggested an extension of the proposed one-year period 
because development of rupture discs that are designed to the 
dimensions of the rupture disc holder may take longer than one year and 
thus would not be commercially available. The commenters claimed that 
if this requirement were adopted and made effective within one year, 
the current inventory of rupture discs would become worthless.
    RSPA and FRA believe the need to increase the burst pressure of a 
rupture disc installed in a nonreclosing pressure relief device is 
warranted because of the number of premature rupture disc failures in 
transportation which have resulted in railroad employee injuries. Of 
the 5,406 reported hazardous materials releases by rail from 1990 
through 1994, RSPA received reports of 1,716 rupture disc failures (an 
average of 343 each year). RSPA also received 418 reports of railroad 
employee injuries as a result of a release of hazardous materials (all 
sources of release for an average of 84 each year). Because rupture 
disc failures account for nearly 32 percent of the total number of 
releases by rail during this study period, RSPA and FRA believe that 
there will be a considerable decrease in the number of premature 
rupture disc failures as a result of increasing the burst pressure of 
the rupture disc.
    This final rule adopts a rupture disc burst pressure of 33 percent 
of the tank burst pressure because such pressures can reduce premature 
failures in the transportation system. Rupture discs are required to be 
manufactured with a tolerance of +0 to -15 percent of the burst 
pressure marked on the rupture disc. (See A5.02 of the AAR Tank Car 
Manual.) In addition, in response to concerns expressed by commenters, 
RSPA is extending the proposed one-year transition period in paragraph 
(f) to October 1, 1998. This extension will minimize cost impacts in 
implementing new designs and will facilitate depletion of existing 
inventory of rupture discs.
    One commenter suggested that RSPA incorporate a requirement for a 
``means of inspection of the disc without releasing clamping pressure 
on the disc,'' similar to A4.07(d) in the AAR Specifications for Tank 
Cars. Many safety vent devices in use today have such features, 
including hinged covers and screw plugs, for the inspection of a 
rupture disc. While these devices are designed to meet the requirements 
of the AAR specifications, RSPA and FRA believe that in order to fully 
inspect a rupture disc, the disc must be removed from the safety vent 
device. It is important that a careful inspection (both top and bottom 
of the disc) be conducted for corrosion and damage because it has been 
FRA's experience that a rupture disc may appear normal on the top side, 
but be severely damaged or corroded on the bottom side. For these 
reasons, RSPA recently amended the regulations under Docket HM-201 to 
require a careful inspection of the rupture disc. See 
Sec. 173.31(d)(1)(vi), effective July 1, 1996 (60 FR 49048, 49073).
    In addition, the following editorial changes are made to provisions 
proposed in the NPRM: paragraph (b)(4) is revised by removing the word 
``valve''; paragraph (e)(2) is revised by replacing the word ``fail'' 
with ``burst'' and by adding the wording ``at not greater than'' before 
``95''; a new paragraph (e)(3) is added to base the vapor tight 
pressure and the start-to-discharge tolerance on the discharge setting 
of the reclosing pressure relief device; in paragraph (f), paragraph 
``(b)(4)'' is added after paragraph ``(a)''; and paragraph (g) is 
revised to require each pressure relief device to communicate with the 
vapor space above the lading as near as practicable on the longitudinal 
centerline and center of the tank.

Sections 179.100-15, 179.200-18, 179.201-7, and 179.220-19

    These sections contain provisions for safety relief devices. 
Because requirements for safety relief devices are consolidated in 
Sec. 179.15, RSPA is removing these sections from the HMR.

Sections 179.101-1 and 179.201-1

    Individual specification requirements for pressure tank cars and 
non-pressure tank cars are revised. These revisions correct many 
typographical errors and remove several special references that are no 
longer applicable. RSPA also is adding a new class ``DOT 120A'' 
specification tank car and a new ``DOT 111A60W6'' specification tank 
car in the table based on two petitions for rulemaking [P-1044 and P-
1119] from AAR. One commenter correctly noted that if the DOT 120A tank 
car is adopted, RSPA should assign packaging authorizations in Part 173 
and Sec. 172.102. The commenter also requested that this car be 
authorized in Sec. 173.314 for ``Division 2.2 not specifically 
identified in this table''. RSPA agrees and is adding authorizations 
for a DOT120A tank car to appropriate sections. RSPA is removing 
certain entries from the table since these provisions are currently 
found in the text proceeding the table (see for example Secs. 179.200-
11, 179.200-14, and 179.200- 16). An editorial revision is made to a 
reference in the Sec. 179.201-1 table for DOT

[[Page 28672]]

111A100W4, based on a commenter's suggestion.

Section 179.102-4

    Paragraph (d), which specifies at least one pressure relief valve 
on a tank car tank used to transport vinyl fluoride, inhibited, is 
removed, consistent with the consolidation of safety relief device 
provisions in Sec. 179.15. In addition, paragraphs (b) and (c) are 
redesignated paragraphs (a) and (b), paragraphs (e) through (k) are 
redesignated paragraphs (c) through (i), and reserved paragraph (l) is 
removed.

Section 179.103-5

    Paragraph (b)(2) is revised as proposed to adopt requirements for 
the attachment of unloading connections for bottom outlets on pressure 
tank cars. This revision reflects existing requirements for bottom 
outlets on non-pressure tank cars.

Section 179.200-7

    In addition to the revision of the paragraph (b) table discussed 
previously, certain ASTM specifications are revised to remove 
references to outdated publications. The entry for ASTM B 209-70, Alloy 
6061 is removed, as are footnotes 4 and 5 associated with that entry. 
Footnote 2 following the paragraph (d) table is revised to reference 
Practice A of ASTM A 262-85, which is a definitive, rapid method of 
identifying, by simple etching, those specimens free of susceptibility 
to intergranular attack.

Section 179.200-14

    The first sentence of paragraph (a) and the first sentence of 
paragraph (b) are revised to recognize the new outage and filling 
limits for tank cars adopted in Docket HM-181.

Section 179.200-16

    RSPA is revising the first sentence in paragraph (d) to require an 
outage scale visible through the manway opening when using a gauging 
device. RSPA is adopting a commenter's suggested alternative wording 
because it clarifies this provision.

Section 179.200-24

    Based on a commenter's suggestion to indicate the grade of material 
for the entry ``Material'', the reference to ``ASTM A 285C'' is revised 
to read ``ASTM A 516-GR 70''.

Section 179.201-4

    This section is adopted as proposed to refer to Footnote 2 of 
Sec. 179.200-7(d) rather than the AAR Specifications to specify 
material requirements for fittings, tubes, castings, projections, and 
closures.

Sections 179.220-7 and 179.300-7

    References to ASTM A 515 and ASTM A 285 are removed from the table 
following paragraph (b) in Sec. 179.220-7 and the table following 
paragraph (a) in Sec. 179.300-7, because these specifications no longer 
are authorized for new construction.

Section 179.221-1

    RSPA is revising the class DOT 115A specification table as noted in 
the discussion of Secs. 179.101-1 and 179.201-1.

Sections 179.222, 179.222-1, and 179.500-17

    These sections are removed because identical provisions are 
contained elsewhere in the HMR.

III. Rulemaking Analyses and Notices

A. 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 therefore, was not 
reviewed by the Office of Management and Budget. The rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation [44 FR 11034].
    The economic impact of this rule is expected to result in only 
minimal costs to certain persons subject to the HMR and may result in 
modest cost savings to a small number of persons subject to the HMR and 
to the agency. Because of the minimal economic impact of this rule, 
preparation of a regulatory impact analysis or a regulatory evaluation 
is not warranted.

B. Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). 
Federal law expressly preempts State, local, and Indian tribe 
requirements applicable to the transportation of hazardous material 
that cover certain subjects and are not substantively the same as 
Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
pertaining to hazardous material, and requirements respecting the 
number, content, and placement of such documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) 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.
    This final rule preempts State, local, or Indian tribe requirements 
concerning these subjects unless the non-Federal requirements are 
``substantively the same'' (see 49 CFR 107.202(d)) as the Federal 
requirements.
    Federal law (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. The 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 that the effective date of Federal preemption for these 
requirements will be October 1, 1996. Thus, RSPA lacks discretion in 
this area, and preparation of a federalism assessment is not warranted.

C. Regulatory Flexibility Act

    This final rule responds to petitions for rulemaking and agency 
review. It is intended to provide clarification of the regulations and 
relax certain requirements. Therefore, I certify that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.

D. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to a collection of information unless it displays a valid OMB 
control number. Information collection requirements in 49 CFR parts 172 
and 174 pertaining to shipping papers are currently approved under OMB 
control number 2137-0051. A requirement to annotate a reporting mark 
and number on shipping documents for certain rail shipments reflects a 
current rail carrier operating requirement and insignificantly 
increases the amount of burden imposed by this collection. Some 
provisions adopted in this final rule, such as elimination of 
requirements for placing placard endorsements and placard notations on 
shipping documents, will result in a minor reduction in the amount of 
burden imposed by this collection. RSPA believes that these changes in 
burden are not sufficient to warrant

[[Page 28673]]

revision of the currently approved information collection.

E. 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, Labels, 
Markings, 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 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicles safety, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference, 
Railroad safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Chapter I is 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.

    2. In the Sec. 171.7(a)(3) Table, under the entry American Society 
for Testing and Materials, 9 entries are removed and 9 new entries are 
added in alphabetical order, to read as follows:


Sec. 171.7  Reference material.

    (a) Matter incorporated by reference * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
   Source and name of material                49 CFR reference          
------------------------------------------------------------------------
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
 American Society for Testing and                                       
            Materials                                                   
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
[Remove]                                                                
ASTM A 20-81 Standard              178.337; 179.102-17                  
 Specification for General                                              
 Requirements for Steel Plates                                          
 for Pressure Vessels, Revision C.                                      
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 240-82 Standard             178.57; 178.358; 179.100; 179.200;   
 Specification for Heat-Resisting   179.201; 179.220; 179.400.          
 Chromium and Chromium-Nickel                                           
 Stainless Steel Plate, Sheet and                                       
 Strip for Fusion-Welded Unfired                                        
 Pressure Vessels, Revision A.                                          
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 262-68 Recommended          179.100; 179.200.                    
 Practices for Detecting                                                
 Susceptibility to Intergranular                                        
 Attack in Stainless Steels.                                            
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 302-78 Pressure Vessel      179.100; 179.200; 179.220.           
 Plates, Alloy Steel, Manganese-                                        
 Molybdenum and Manganese-                                              
 Molybdenum Nickel.                                                     
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 370-77 Standard Methods     179.102-4 and 179.102-17             
 and Definition for Mechanical                                          
 Testing of Steel Products.                                             
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 516-79b Standard            178.337; 179.100; 179.102; 179.200   
 Specification for Pressure         179.220                             
 Vessel Plates, Carbon Steel, for                                       
 Moderate and Lower-Temperature                                         
 Service.                                                               
ASTM A 537-80 Standard             179.100; 179.102.                    
 Specification for Pressure                                             
 Vessel Plates, Heat-Treated,                                           
 Carbon-Manganese-Silicon Steel.                                        
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM B 162-69 Nickel Plate,        179.200.                             
 Sheet, and Strip.                                                      
ASTM B 209-69 Aluminum Alloy       179.100; 179.200; 179.220            
 Sheet and Plate.                                                       
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
[Add]                                                                   
ASTM A 20/A 20M-93a Standard       178.337-2; 179.102-4; 179.102-17.    
 Specification for General                                              
 Requirements for Steel Plates                                          
 for Pressure Vessels.                                                  
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 240/A 240M-94b Standard     178.57; 178.358-5; 179.100-7; 179.100-
 Specification for Heat-Resisting   10; 179.102-1; 179.102-4; 179.102-  
 Chromium and Chromium-Nickel       17; 179.200-7; 179.201-5; 179.220-7;
 Stainless Steel Plate, Sheet and   179.400-5.                          
 Strip for Pressure Vessels.                                            

[[Page 28674]]

                                                                        
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 262-93a Standard Practices  179.100-7; 179.200-7; 179.201-4.     
 for Detecting Susceptibility to                                        
 Intergranular Attack in                                                
 Austenitic Stainless Steels.                                           
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 302/A 302M-93 Standard      179.100-7; 179.200-7; 179.220-7.     
 Specification for Pressure                                             
 Vessel Plates, Alloy Steel,                                            
 Manganese-Molybdenum and                                               
 Manganese-Molybdenum Nickel.                                           
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 370-94 Standard Test        179.102-1; 179.102-4; 179.102-17.    
 Methods and Definitions for                                            
 Mechanical Testing of Steel                                            
 Products.                                                              
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM A 516/A 516M-90 Standard      178.337-2; 179.100-7; 179.100-20;    
 Specification for Pressure         179.102-1; 179.102-2; 179.102-4;    
 Vessel Plates, Carbon Steel, for   179.102-17; 179.200-7; 179.220-7.   
 Moderate and Lower- Temperature                                        
 Service.                                                               
ASTM A 537/A 537M-91 Standard      179.100-7; 179.102-4; 179.102-17.    
 Specification for Pressure                                             
 Vessel Plates, Heat-Treated,                                           
 Carbon-Manganese-Silicon Steel.                                        
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
ASTM B 162-93a Standard            179.200-7.                           
 Specification for Nickel Plate,                                        
 Sheet, and Strip.                                                      
ASTM B 209-93 Standard             179.100-7; 179.200-7; 179.220-7.     
 Specification for Aluminum and                                         
 Aluminum-Alloy Sheet and Plate.                                        
                                                                        
       *                  *                  *                  *       
                  *                  *                  *               
------------------------------------------------------------------------


* * * * *


Sec. 171.7  [Amended]

    3. In addition, Sec. 171.7, in the paragraph (a)(3) table, the 
following changes are made:
    a. Under American Society for Testing and Materials, the following 
entries are removed: ASTM A 53-69a, ASTM A 178-70, ASTM A 192-69, ASTM 
A 269-69, ASTM A 285-78, ASTM A 312-70a, ASTM A 515-69, ASTM B 161-70, 
ASTM B 210-70, ASTM B 221-76, ASTM B 241-76.
    b. Under Association of American Railroads, for the entry ``AAR 
Manual of Standards and Recommended Practices, Section I, Specially 
Equipped Freight Car and Intermodal Equipment, 1988'' in Column (2), a 
reference ``174.55;'' is added as the first reference.
    c. Under Association of American Railroads, for the entry ``AAR 
Manual of Standards and Recommended Practices, Section C--Part III, 
Specifications for Tank Cars, Specification M-1002, September 1992'' in 
Column (2), a reference ``179.15;'' is added in numerical order.

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

    4. 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]

    5. In Sec. 172.101, in the Hazardous Materials Table, the following 
changes are made:
    a. For the following entries, in Column (7), Special Provision 
``B12,'' is removed:

Acrolein, inhibited;
Bromine or Bromine solutions;
Bromine chloride;
Dinitrogen tetroxide, liquefied;
Formic acid;
Hydrocyanic acid, aqueous solutions or Hydrogen cyanide, aqueous 
solutions with not more than 20 percent hydrogen cyanide;
Hydrocyanic acid, aqueous solutions with less than 5 percent hydrogen 
cyanide;
Hydrofluoric acid, solution, with more than 60 percent strength;

[[Page 28675]]

Hydrofluoric acid, solution, with not more than 60 percent strength;
Hydrogen cyanide, stabilized with less than 3 percent water;
Hydrogen fluoride, anhydrous;
Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with 
acids, water and not more than 5 percent peroxyacetic acid;
Hydrogen peroxide, aqueous solutions with more than 40 percent but not 
more than 60 percent hydrogen peroxide (stabilized as necessary);
Hydrogen peroxide, aqueous solutions with not less than 20 percent but 
not more than 40 percent hydrogen peroxide (stabilized as necessary);
Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, 
stabilized with more than 60 percent hydrogen peroxide;
Motor fuel anti-knock mixtures;
Nitric acid other than red fuming, with more than 70 percent nitric 
acid;
Nitric acid other than red fuming, with not more than 70 percent nitric 
acid;
Nitric oxide;
Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide and 
nitrogen dioxide mixtures;
Perchloryl fluoride;
Phosphorus, amorphous;
Phosphorus, white dry or Phosphorus, white, under water or Phosphorus, 
white, in solution or Phosphorus, yellow dry or Phosphorus, yellow, 
under water or Phosphorus, yellow, in solution;
Phosphorous white, molten;
Potassium nitrate and sodium nitrite mixtures;
Sulfur trioxide, inhibited; and
Sulfur trioxide, uninhibited.

    b. For the entry ``Calcium carbide'', for Packing Groups I and II, 
in Column (7), Special Provision ``B59,'' is added immediately 
following ``B55,'' each place it appears.
    c. For the entries ``Carbon dioxide, solid or Dry ice'' and 
``Potassium permanganate'', in Column (7), Special Provision ``B12'' is 
removed.
    d. For the entry ``Dimethylhydrazine, unsymmetrical'', in Column 
(7), Special Provision ``B79,'' is removed.
    6. In Sec. 172.102, in paragraph (c)(3), Special Provisions B12 and 
B79 are removed and Special Provisions B42, B57, B65, B71, B72, B74, 
B76 and the first sentence of B78 are revised to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (3) * * *

Code/Special Provisions

* * * * *
B42  Tank cars must have a test pressure of 34.47 Bar (500 psig) or 
greater and conform to Class 105J. Each tank car must have a safety 
relief device having a start-to-discharge pressure of 10.34 Bar (150 
psig). The tank car specification may be marked to indicate a test 
pressure of 13.79 Bar (200 psig).
* * * * *
B57  Class 115A tank car tanks used to transport chloroprene must be 
equipped with a safety vent of a diameter not less than 305 mm (12 
inches) with a maximum rupture disc pressure of 45 psi.
* * * * *
B65  Tank cars must have a test pressure of 34.47 Bar (500 psig) or 
greater and conform to Class 105J. Each tank car must have a safety 
relief device having a start-to-discharge pressure of 15.51 Bar (225 
psig). The tank car specification may be marked to indicate a test 
pressure of 20.68 Bar (300 psig).
* * * * *
B71  Tank cars must have a test pressure of 20.68 Bar (300 psig) or 
greater and conform to Class 105, 112, 114 or 120.
B72  Tank cars must have a test pressure of 34.47 Bar (500 psig) or 
greater and conform to Class 105J, 106, or 110.
B74  Tank cars must have a test pressure of 20.68 Bar (300 psig) or 
greater and conform to Class 105S, 106, 110, 112J, 114J or 120S.
B76  Tank cars must have a test pressure of 20.68 Bar (300 psig) or 
greater and conform to Class 105S, 112J, 114J or 120S. Each tank car 
must have a safety relief device having a start-to-discharge 
pressure of 10.34 Bar (150 psig). The tank car specification may be 
marked to indicate a test pressure of 13.79 Bar (200 psig).
* * * * *
B78  Tank cars must have a test pressure of 4.14 Bar (60 psig) or 
greater and conform to Class 103, 104, 105, 109, 111, 112, 114 or 
120. * * *
* * * * *


Sec. 172.102  [Amended]

    7. In addition, in Sec. 172.102, in paragraph (c)(3), the following 
changes are made:
    a. For Special Provision B4, the wording ``AAR 206 tank car tanks 
and'' is removed.
    b. For Special Provision B5, the wording ``DOT 103 ALW, 111A60 ALW 
tank car tanks and'' is removed.
    c. For Special Provision B10, the wording ``AAR 206 tank car 
tanks,'' is removed.
    8. In Sec. 172.203, paragraphs (e)(2) and (g) are revised to read 
as follows:


Sec. 172.203  Additional description requirements.

* * * * *
    (e) * * *
    (2) The description on the shipping paper for a tank car containing 
the residue of a hazardous material must include the phrase, ``RESIDUE: 
LAST CONTAINED * * *'' before the basic description.
* * * * *
    (g) Transportation by rail. (1) A shipping paper prepared by a rail 
carrier for a rail car, freight container, transport vehicle or 
portable tank that contains hazardous materials must include the 
reporting mark and number when displayed on the rail car, freight 
container, transport vehicle or portable tank.
    (2) The shipping paper for each DOT-113 tank car containing a 
Division 2.1 material or its residue must contain an appropriate 
notation, such as ``DOT 113'', and the statement ``Do not hump or cut 
off car while in motion.''
    (3) When shipments of elevated temperature materials are 
transported under the exception permitted in Sec. 173.247(h)(3) of this 
subchapter, the shipping paper must contain an appropriate notation, 
such as ``Maximum operating speed 15 mph.''.
* * * * *
    9. In Sec. 172.205, paragraph (f) is revised to read as follows:


Sec. 172.205  Hazardous waste manifest.

* * * * *
    (f) Transportation by rail. Notwithstanding the requirements of 
paragraphs (d) and (e) of this section, the following requirements 
apply:
    (1) When accepting hazardous waste from a non-rail transporter, the 
initial rail transporter must:
    (i) Sign and date the manifest acknowledging acceptance of the 
hazardous waste;
    (ii) Return a signed copy of the manifest to the non-rail 
transporter;
    (iii) Forward at least three copies of the manifest to:
    (A) The next non-rail transporter, if any;
    (B) The designated facility, if the shipment is delivered to that 
facility by rail; or
    (C) The last rail transporter designated to handle the waste in the 
United States; and
    (iv) Retain one copy of the manifest and rail shipping paper in 
accordance with 40 CFR 263.22.
    (2) Rail transporters must ensure that a shipping paper containing 
all the information required on the manifest (excluding the EPA 
identification numbers, generator certification and signatures) and, 
for exports, an EPA Acknowledgment of Consent accompanies the hazardous 
waste at all times. Intermediate rail transporters are not required to 
sign either the manifest or shipping paper.

[[Page 28676]]

    (3) When delivering hazardous waste to the designated facility, a 
rail transporter must:
    (i) Obtain the date of delivery and handwritten signature of the 
owner or operator of the designated facility on the manifest or the 
shipping paper (if the manifest has not been received by the facility); 
and
    (ii) Retain a copy of the manifest or signed shipping paper in 
accordance with 40 CFR 263.22.
    (4) When delivering hazardous waste to a non-rail transporter, a 
rail transporter must:
    (i) Obtain the date of delivery and the handwritten signature of 
the next non-rail transporter on the manifest; and
    (ii) Retain a copy of the manifest in accordance with 40 CFR 
263.22.
    (5) Before accepting hazardous waste from a rail transporter, a 
non-rail transporter must sign and date the manifest and provide a copy 
to the rail transporter.
* * * * *
    10. In Sec. 172.330, paragraph (a)(1) is revised to read as 
follows:


Sec. 172.330   Tank cars and multi-unit tank car tanks.

    (a) * * *
    (1) In a tank car unless the following conditions are met:
    (i) The tank car must be marked on each side and each end as 
required by Sec. 172.302 with the identification number specified for 
the material in the Sec. 172.101 Table; and
    (ii) A tank car containing any of the following materials must be 
marked on each side with the key words (including words such as 
``stabilized'', ``inhibited'', ``compressed'', or ``liquefied'') of the 
proper shipping name specified for the material in the Sec. 172.101 
Table, or with a common name authorized for the material in this 
subchapter (e.g., ``Refrigerant Gas''):

Acrolein, inhibited
Ammonia, anhydrous, liquefied
Ammonia solutions (more than 50% ammonia)
Bromine or Bromine solutions
Bromine chloride
Chloroprene, inhibited
Dispersant gas or Refrigerant gas (as defined in Sec. 173.115 of 
this subchapter)
Division 2.1 materials
Division 2.2 materials (in Class DOT 107 tank cars only)
Division 2.3 materials
Formic acid
Hydrocyanic acid, aqueous solutions
Hydrofluoric acid, solution
Hydrogen cyanide, stabilized (less than 3% water)
Hydrogen fluoride, anhydrous
Hydrogen peroxide, aqueous solutions (greater than 20% hydrogen 
peroxide)
Hydrogen peroxide, stabilized
Hydrogen peroxide and peroxyacetic acid mixtures
Nitric acid (other than red fuming)
Phosphorus, amorphous
Phosphorus, white dry or Phosphorus, white, under water or 
Phosphorus white, in solution, or Phosphorus, yellow dry or 
Phosphorus, yellow, under water or Phosphorus, yellow, in solution
Phosphorus white, molten
Potassium nitrate and sodium nitrate mixtures
Potassium permanganate
Sulfur trioxide, inhibited
Sulfur trioxide, uninhibited
* * * * *
    11. In Sec. 172.510, paragraph (a) is revised, paragraphs (b) and 
(c) are removed, and paragraphs (d) and (e) are redesignated as 
paragraphs (b) and (c), respectively, to read as follows:


Sec. 172.510   Special placarding provisions: Rail.

    (a) White square background. The following must have the specified 
placards placed on a white square background, as described in 
Sec. 172.527:
    (1) Division 1.1 and 1.2 (explosive) materials which require 
EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;
    (2) Materials classed in Division 2.3 Hazard Zone A or 6.1 Packing 
Group I Hazard Zone A which require POISON GAS or POISON placards 
affixed to the rail car, including tank cars containing only a residue 
of the material; and
    (3) Class DOT 113 tank cars used to transport a Division 2.1 
(flammable gas) material, including tank cars containing only a residue 
of the material.
* * * * *


Sec. 172.526  [Removed and Reserved]

    12. Section 172.526 is removed and reserved.

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

    13. The authority citation for Part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.

    14. In Sec. 173.24b, paragraph (a)(3) is removed and paragraph 
(a)(1) is revised to read as follows:


Sec. 173.24b  Additional general requirements for bulk packagings.

    (a) Outage and filling limits. (1) Except as otherwise provided in 
this subchapter, liquids and liquefied gases must be so loaded that the 
outage is at least five percent for materials poisonous by inhalation, 
or at least one percent for all other materials, of the total capacity 
of a cargo tank, portable tank, tank car (including dome capacity), 
multi-unit tank car tank, or any compartment thereof, at the following 
reference temperatures--
    (i) 46  deg.C (115  deg.F) for a noninsulated tank;
    (ii) 43  deg.C (110  deg.F) for a tank car having a thermal 
protection system, incorporating a metal jacket that provides an 
overall thermal conductance at 15.5  deg.C (60  deg.F) of no more than 
10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu 
per hour/per square foot/ per degree F) temperature differential; or
    (iii) 41  deg.C (105  deg.F) for an insulated tank.
* * * * *


Sec. 173.29  [Amended]

    15. In Sec. 173.29, paragraph (f) is removed and reserved.


Sec. 173.240  [Amended]

    16. In Sec. 173.240, in paragraph (a), the wording ``or 115 tank 
car tanks;'' is revised to read ``115, or 120 tank car tanks;''.


Sec. 173.241  [Amended]

    17. In Sec. 173.241, in paragraph (a), the wording ``or 115 tank 
car tanks;'' is revised to read ``115, or 120 tank car tanks;''.


Sec. 173.242  [Amended]

    18. In Sec. 173.242, in paragraph (a), the wording ``or 115 tank 
car tanks;'' is revised to read ``115, or 120 tank car tanks;''.


Sec. 173.243  [Amended]

    19. In Sec. 173.243, in paragraph (a), the wording ``or 115 fusion-
welded tank car tanks;'' is revised to read ``115, or 120 fusion-welded 
tank car tanks;''.


Sec. 173.244  [Amended]

    20. In Sec. 173.244, in paragraph (a), the wording ``or 114 fusion-
welded tank car tanks;'' is revised to read ``114, or 120 fusion-welded 
tank car tanks;''.
    21. In Sec. 173.314, as amended at 60 FR 49074, effective July 1, 
1996, paragraph (b)(5) is removed, paragraph (b)(6) is redesignated as 
paragraph (b)(5) and revised, Note 2 following the paragraph (c) table 
is revised, and paragraph (i) is removed and reserved, to read as 
follows:


Sec. 173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (b) * * *
    (5) Each tank car used for the transportation of anhydrous ammonia 
or any material that meets the criteria of Division 2.1 or 2.3 must 
have gaskets for manway cover plates and for mounting

[[Page 28677]]

of fittings designed (for temperature, application, media, pressure, 
and size) to create a positive seal so that, under conditions normally 
incident to transportation, there will not be an identifiable release 
of the material to the environment. The use of sealants to install 
gaskets is prohibited.
    (c) * * *

Notes:
* * * * *
    2. The liquefied gas must be so loaded so that the outage is at 
least two percent of the total capacity of the tank at the reference 
temperature of 46  deg.C (115  deg.F) for a noninsulated tank; 43 
deg.C (110  deg.F) for a tank having a thermal protection system 
incorporating a metal jacket that provides an overall thermal 
conductance at 15.5  deg.C (60  deg.F) of no more than 10.22 
kilojoules per hour per square meter per degree Celsius (0.5 Btu per 
hour/per square foot/per degree F) temperature differential; or 41 
deg.C (105  deg.F) for an insulated tank.
* * * * *


Sec. 173.314  [Amended]

    22. In addition, in Sec. 173.314, as amended at 60 FR 49074, 
effective July 1, 1996, the following changes are made:
    a. In the paragraph (c) table, in Column 3, the wording ``, 120A'' 
is added in numerical order for the following entries:

Ammonia, anhydrous, or ammonia solutions > 50 percent ammonia
Ammonia solutions with > 35 percent ammonia, but  50 percent 
ammonia by mass
Division 2.1 materials not specifically provided in this table
Division 2.2 materials not specifically identified in this table
Division 2.3 Zone B materials not specifically identified in this table
Division 2.3 Zone C materials not specifically identified in this table
Division 2.3 Zone D materials not specifically identified in this table 
Ethylamine

    b. In the paragraph (c) table, in Column 3, for the entry 
``Dimethyl ether'', the class designations ``, 112, 114, 120'' are 
added in appropriate numerical order.

PART 174--CARRIAGE BY RAIL

    23. The authority citation for Part 174 continues to read as 
follows:

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

    24. Section 174.3 is revised to read as follows:


Sec. 174.3  Unacceptable hazardous materials shipments.

    No person may accept for transportation or transport by rail any 
shipment of hazardous material that is not in conformance with the 
requirements of this subchapter.


Sec. 174.8  [Removed]

    25. Section 174.8 is removed.
    26. Section 174.9 is revised to read as follows:


Sec. 174.9  Inspection and acceptance.

    At each location where a hazardous material is accepted for 
transportation or placed in a train, the carrier shall inspect each 
rail car containing the hazardous material, at ground level, for 
required markings, labels, placards, securement of closures and 
leakage. This inspection may be performed in conjunction with 
inspections required under parts 215 and 232 of this title.


Sec. 174.10  [Removed]

    27. Section 174.10 is removed.


Sec. 174.11  [Removed]

    28. Section 174.11 is removed.


Sec. 174.18  [Removed]

    29. Section 174.18 is removed.
    30. Section 174.24 is revised to read as follows:


Sec. 174.24  Shipping papers.

    A carrier may not accept or transport a hazardous material by rail 
unless the carrier receives a shipping paper on which the hazardous 
material is properly described in the manner prescribed in part 172 of 
this subchapter. An originating carrier must retain a copy of the 
shipping paper that bears the shipper's certification as required by 
Sec. 172.204 of this subchapter. This section does not apply to a 
material that is excepted from shipping paper requirements as specified 
in Sec. 172.200 of this subchapter.


Sec. 174.25  [Removed]

    31. Section 174.25 is removed.
    32. In Sec. 174.26, paragraph (a) is removed, paragraphs (b) and 
(c) are redesignated as paragraphs (a) and (b), respectively, and newly 
redesignated paragraph (b) is revised to read as follows:


Sec. 174.26  Notice to train crews of placarded cars.

* * * * *
    (b) A member of the train crew of a train transporting a hazardous 
material must have a copy of a document for the hazardous material 
being transported showing the information required by part 172 of this 
subchapter.


Secs. 174.47 and 174.48  [Removed]

    33. Sections 174.47 and 174.48 are removed.


Sec. 174.49  [Removed]

    34. Section 174.49 is removed.
    35. Section 174.50 is revised to read as follows:


Sec. 174.50  Nonconforming or leaking packages.

    Leaking packages other than tank cars may not be forwarded until 
repaired, reconditioned, or overpacked in accordance with Sec. 173.3 of 
this subchapter. Except as otherwise provided in this section, a tank 
car that no longer conforms to this subchapter may not be forwarded 
unless repaired or approved for movement by the Associate Administrator 
for Safety, Federal Railroad Administration. Notification and approval 
must be furnished in writing, or through telephonic or electronic means 
with subsequent written confirmation provided within two weeks. For the 
applicable address and telephone number, see part 107, subpart B, 
Appendix A, of this chapter. A leaking tank car containing a hazardous 
material may be moved without repair or approval only so far as 
necessary to reduce or eliminate an immediate threat of harm to human 
health or the environment when it is determined its movement would 
provide greater safety than allowing the car to remain in place. In the 
case of a liquid leak, measures must be taken to prevent the spread of 
the liquid.
    36. Section 174.55 is revised to read as follows:


Sec. 174.55  General requirements.

    (a) Each package containing a hazardous material being transported 
by rail in a freight container or transport vehicle must be loaded so 
that it cannot fall or slide and must be safeguarded in such a manner 
that other freight cannot fall onto or slide into it under conditions 
normally incident to transportation. When this protection cannot be 
provided by using other freight, it must be provided by blocking and 
bracing. For examples of blocking and bracing in freight containers and 
transport vehicles, see Bureau of Explosives Pamphlet Nos. 6 and 6C.
    (b) Each package containing a hazardous material bearing package 
orientation markings prescribed in Sec. 172.312 of this subchapter must 
be loaded within a transport vehicle or freight container to remain in 
the correct position indicated by those markings during transportation.
    (c) The doors of a freight container or transport vehicle may not 
be used to secure a load that includes a package containing a hazardous 
material unless the doors meet the design strength

[[Page 28678]]

requirements of Specification M-930 (for freight containers) and M-931 
(for trailers) in the AAR's Manual of Standards and Recommended 
Practices and the load is also within the limits of the design strength 
requirements for the doors.


Sec. 174.67  [Amended]

    37-38. In Sec. 174.67, in paragraph (k), the wording ``, except 
that heater coil inlet and outlet pipes must be left open for 
drainage'' is removed.
    39. Section 174.85 is amended by revising paragraph (c) to read as 
follows:


Sec. 174.85  Position in train of placarded cars, transport vehicles, 
freight containers, and bulk packagings.

* * * * *
    (c) A tank car containing the residue of a hazardous material must 
be separated from a locomotive or occupied caboose by at least one non-
placarded rail car.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec. 178.337-2  [Amended]

    41. In Sec. 178.337-2, the following changes are made:
    a. In paragraph (b)(2)(i), the wording ``A-516-72'' is revised to 
read ``A 516''.
    b. In paragraph (b)(2)(ii) the wording ``A-20-72a'' is revised to 
read ``A 20''.

PART 179--SPECIFICATIONS FOR TANK CARS

    42. The authority citation for Part 179 continues to read as 
follows:

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

    43. Section 179.12 is revised to read as follows:


Sec. 179.12  Interior heater systems.

    (a) Interior heater systems shall be of approved design and 
materials. If a tank is divided into compartments, a separate system 
shall be provided for each compartment.
    (b) Each interior heater system shall be hydrostatically tested at 
not less than 13.79 bar (200 psi) and shall hold the pressure for 10 
minutes without leakage or evidence of distress.


Secs. 179.12-1 through 179.12-7  [Removed]

    44. Sections 179.12-1 through 179.12-7 are removed.
    45. Section 179.15 is added to read as follows:


Sec. 179.15  Pressure relief devices.

    Except for DOT Class 106, 107, 110, and 113 tank cars, tanks must 
have a pressure relief system that conforms to the following 
requirements:
    (a) Performance standard. Each tank must have a pressure relief 
system having sufficient flow capacity to prevent pressure build-up in 
the tank to no more than the flow rating pressure of the pressure 
relief device in fire conditions as defined in Appendix A of the 
Association of American Railroads Specifications for Tank Cars.
    (b) Settings for pressure relief valves. (1) Except as provided in 
paragraph (b)(2) of this section, a reclosing pressure relief valve 
must have a minimum start-to-discharge pressure equal to the sum of the 
static head and gas padding pressure and the lading vapor pressure at 
the following reference temperatures:
    (i) 46  deg.C (115  deg.F) for noninsulated tanks;
    (ii) 43  deg.C (110  deg.F) for tanks having a thermal protection 
system incorporating a metal jacket that provides an overall thermal 
conductance at 15.5  deg.C (60  deg.F) of no more than 10.22 kilojoules 
per hour per square meter per degree Celsius (0.5 Btu per hour/per 
square foot/per degree F) temperature differential; and
    (iii) 41  deg.C (105  deg.F) for insulated tanks.
    (2)(i) The start-to-discharge pressure may not be lower than 5.17 
Bar (75 psig) or exceed 33 percent of the minimum tank burst pressure.
    (ii) Tanks built prior to October 1, 1997 having a minimum tank 
burst pressure of 34.47 Bar (500 psig) or less may be equipped with a 
reclosing pressure relief valve having a start-to-discharge pressure of 
not less than 14.5 percent of the minimum tank burst pressure but no 
more than 33 percent of the minimum tank burst pressure.
    (3) The vapor tight pressure of a reclosing pressure relief valve 
must be at least 80 percent of the start-to-discharge pressure.
    (4) The flow rating pressure must be 110 percent of the start-to-
discharge pressure for tanks having a minimum tank burst pressure 
greater than 34.47 Bar (500 psig) and from 110 percent to 130 percent 
for tanks having a minimum tank burst pressure less than or equal to 
34.47 Bar (500 psig).
    (5) The tolerance for a reclosing pressure relief valve is 
3 psi for valves with a start-to-discharge pressure of 6.89 
Bar (100 psig) or less and 3 percent for valves with a 
start-to-discharge pressure greater than 6.89 Bar (100 psig).
    (c) Flow capacity of pressure relief systems. The total flow 
capacity of each reclosing and nonreclosing pressure relief device must 
conform to Appendix A of the Association of American Railroads 
Specifications for Tank Cars.
    (d) Flow capacity tests. The manufacturer of any reclosing or 
nonreclosing pressure relief device must design and test the device in 
accordance with Appendix A of the Association of American Railroads 
Specifications for Tank Cars.
    (e) Combination pressure relief systems. A nonreclosing pressure 
relief device may be used in series with a nonreclosing pressure relief 
valve. The pressure relief valve must be located outboard of the 
nonreclosing pressure relief device.
    (1) When a breaking pin device is used in combination with a 
reclosing pressure relief valve, the breaking pin must be designed to 
fail at the start-to-discharge pressure specified in paragraph (b) of 
this section, and the reclosing pressure relief valve must be designed 
to discharge at not greater than 95 percent of the start-to-discharge 
pressure.
    (2) When a rupture disc is used in combination with a reclosing 
pressure relief valve, the rupture disc must be designed to burst at 
the start-to-discharge pressure specified in paragraph (b) of this 
section, and the reclosing pressure relief valve must be designed to 
discharge at not greater than 95 percent of the start-to-discharge 
pressure. A device must be installed to detect any accumulation of 
pressure between the rupture disc and the reclosing pressure relief 
valve. The detection device must be a needle valve, trycock, or tell-
tale indicator. The detection device must be closed during 
transportation.
    (3) The vapor tight pressure and the start-to-discharge tolerance 
is based on the discharge setting of the reclosing pressure relief 
device.
    (f) Nonreclosing pressure relief device. In addition to paragraphs 
(a), (b)(4), (c), and (d) of this section, a nonreclosing pressure 
relief device must conform to the following requirements:
    (1) After October 1, 1998, a nonreclosing pressure relief device 
must incorporate a rupture disc designed to burst at 33 percent of the 
tank burst pressure.
    (2) The approach channel and the discharge channel may not reduce 
the required minimum flow capacity of the pressure relief device.
    (3) The nonreclosing pressure relief device must be designed to 
prevent interchange with other fittings installed on the tank car, must 
have a structure that encloses and clamps the rupture disc in position 
(preventing any distortion or damage to the rupture disc

[[Page 28679]]

when properly applied), and must have a cover, with suitable means of 
preventing misplacement, designed to direct any discharge of the lading 
downward.
    (4) The nonreclosing pressure relief device must be closed with a 
rupture disc that is compatible with the lading and manufactured in 
accordance with Appendix A of the AAR Specifications for Tank Cars. The 
tolerance for a rupture disc is +0 to -15 percent of the burst pressure 
marked on the disc.
    (g) Location of relief devices. Each pressure relief device must 
communicate with the vapor space above the lading as near as 
practicable on the longitudinal center line and center of the tank.
    (h) Marking of pressure relief devices. Each pressure relief device 
and rupture disc must be permanently marked in accordance with the 
Appendix A of the Association of American Railroads Specifications for 
Tank Cars.
    46. In Sec. 179.100-7, the table in paragraph (a) is revised to 
read as follows:


Sec. 179.100-7  Materials.

    (a) * * *

------------------------------------------------------------------------
                                                              Minimum   
                                               Minimum     elongation in
                                               tensile       2 inches   
              Specifications                  strength       (percent)  
                                              (p.s.i.)        welded    
                                               welded        condition  
                                            condition\1\  (longitudinal)
------------------------------------------------------------------------
AAR TC128, Gr. B..........................      81,000             20   
ASTM A 302, Gr. B.........................      80,000             19   
ASTM A 516................................      70,000             20   
ASTM A 537, Class 1.......................      70,000            23    
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.                        

* * * * *


Sec. 179.100-7  [Amended]

    47. In addition, in Sec. 179.100-7, the following changes are made:
    a. In the table in paragraph (b), the last entry ``ASTM B 209-70, 
Alloy 6061\4\'' is removed and, in the first column, the wording ``209-
70'' is revised to read ``209'' each place it appears.
    b. In the footnotes to the paragraph (b) table, Footnotes 4 and 5 
are removed and Footnote 6 is redesignated as Footnote 4.
    c. In the table in paragraph (c)(1), the wording ``A240-70'' is 
revised to read ``A 240'' each place it appears.
    d. In paragraph (c)(2)(i), the wording ``A262-68'' is revised to 
read ``A 262'', the word ``Recommended'' is revised to read 
``Standard'', and the word ``Austenitic'' is added immediately before 
``Stainless Steel''.


Sec. 179.100-10  [Amended]

    48. In Sec. 179.100-10, in paragraph (c), the wording ``ASTM A240-
70'' is revised to read ``ASTM A 240''.


Sec. 179.100-15  [Removed]

    49. Section 179.100-15 is removed and reserved.


Sec. 179.100-20  [Amended]

    50. In Sec. 179.100-20, in the paragraph (a) table, for the entry 
``Material'', in the second column, the wording ``ASTM A515-70'' is 
revised to read ``ASTM A 516''.
    51. Section 179.101-1 is revised to read as follows:


Sec. 179.101-1  Individual specification requirements.

    In addition to Sec. 179.100, the individual specification 
requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Minimum                                                                                   
                                                   Bursting    plate       Test      Manway                                                             
      DOT specification            Insulation      pressure  thickness   pressure    cover      Bottom outlet      Bottom washout   Reference  (179.***)
                                                    (psi)     (inches)    (psi)    thickness                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
105A100ALW...................  Yes..............        500        5/8        100  \2\ 2 1/2  No...............  No...............                      
105A200ALW...................  Yes..............        500        5/8        200  \2\ 2 1/2  No...............  No...............                      
105A300ALW...................  Yes..............        750        5/8        300  \2\ 2 5/8  No...............  No...............                      
105A100W.....................  Yes..............        500   \3\ 9/16        100      2 1/4  No...............  No...............                      
105A200W.....................  Yes..............        500   \3\ 9/16        200      2 1/4  No...............  No...............                      
105A300W.....................  Yes..............        750  \1\ 11/16        300  \7\ 2 1/4  No...............  No...............                      
105A400W.....................  Yes..............      1,000  \1\ 11/16        400  \7\ 2 1/4  No...............  No...............                      
105A500W.....................  Yes..............      1,250  \1\ 11/16        500      2 1/4  No...............  No...............  102-1, 102-2.       
105A600W.....................  Yes..............      1,500  \1\ 11/16        600      2 1/4  No...............  No...............  102-4, 102-17.      
109A100ALW...................  Optional.........        500        5/8        100  \2\ 2 1/2  No...............  Optional.........                      
109A200ALW...................  Optional.........        500        5/8        200  \2\ 2 1/2  No...............  Optional.........                      
109A300ALW...................  Optional.........        750        5/8        300  \2\ 2 5/8  No...............  Optional.........                      
109A300W.....................  Optional.........        500  \1\ 11/16        300      2 1/4  No...............  Optional.........                      
112A200W.....................  Optional \4\.....        500  \3\ \5\ 9/       200      2 1/4  No...............  No...............                      
                                                                    16                                                                                  
112A340W.....................  Optional \4\.....        850  \1\ 11/16        340      2 1/4  No...............  No...............                      
112A400W.....................  Optional \4\.....      1,000  \1\ 11/16        400      2 1/4  No...............  No...............                      
112A500W.....................  Optional \4\.....      1,250  \1\ 11/16        500      2 1/4  No...............  No...............                      
114A340W.....................  Optional \4\.....        850  \1\ 11/16        340        \6\  Optional.........  Optional.........  103.                
114A400W.....................  Optional \4\.....      1,000  \1\ 11/16        400        \6\  Optional.........  Optional.........  103.                
120A200ALW...................  Yes..............        500        5/8        200  \2\ 2 1/2  Optional.........  Optional.........  103.                
120A100W.....................  Yes..............        500   \3\ 9/16        100      2 1/4  Optional.........  Optional.........  103.                
120A200W.....................  Yes..............        500   \3\ 9/16        200      2 1/4  Optional.........  Optional.........  103.                
120A300W.....................  Yes..............        750  \1\ 11/16        300      2 1/4  Optional.........  Optional.........  103.                
120A400W.....................  Yes..............      1,000  \1\ 11/16        400      2 1/4  Optional.........  Optional.........  103.                
120A500W.....................  Yes..............      1,250  \1\ 11/16        500      2 1/4  Optional.........  Optional.........  103.                
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ When steel of 65,000 to 81,000 p.s.i. minimum tensile strength is used, the thickness of plates shall be not less than 5/8 inch, and when steel of  
  81,000 p.s.i. minimum tensile strength is used, the minimum thickness of plate shall be not less than 9/16 inch.                                      
\2\ When approved material other than aluminum alloys are used, the thickness shall be not less than 2 1/4 inches.                                      
\3\ When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than 1/2 inch.                          
\4\ Tank cars not equipped with a thermal protection or an insulation system used for the transportation of a Class 2 (compressed gas) material must    
  have at least the upper two-thirds of the exterior of the tank, including manway nozzle and all appurtenances in contact with this area, finished with
  a reflective coat of white paint.                                                                                                                     
\5\ For inside diameter of 87 inches or less, the thickness of plates shall be not less than 1/2 inch.                                                  
\6\ See AAR specifications for tank cars, Appendix E, E4.01 and Sec.  179.103-2.                                                                        
\7\ When the use of nickel is required by the lading, the thickness shall not be less than two inches.                                                  


[[Page 28680]]




Sec. 179.102-1  [Amended]

    52. In Sec. 179.102-1, in paragraph (a)(1), the following changes 
are made:
    a. In the first sentence, the wording ``A516-79b'' is revised to 
read ``A 516''.
    b. At the end of the third sentence, the wording ``A370-77'' is 
revised to read ``A 370''.
    c. In the last sentence, the wording ``A240-79'' is revised to read 
``A 240''.


Sec. 179.102-2  [Amended]

    53. In Sec. 179.102-2, in paragraph (a)(1), the wording ``A516-
70a'' is revised to read ``A 516'' and the wording ``TC-128-70'' is 
revised to read ``TC-128''.


Sec. 179.102-4  [Amended]

    54. In Sec. 179.102-4, the following changes are made:
    a. Paragraph (d) is removed.
    b. Paragraphs (b) and (c) are redesignated as paragraphs (a) and 
(b), respectively.
    c. Paragraphs (e) through (k) are redesignated as paragraphs (c) 
through (i), respectively.
    d. Paragraph (l) is removed.
    55. In Sec. 179.103-5, in paragraph (a)(3), the word ``valve'' is 
removed, and paragraph (b)(2) is revised to read as follows:


Sec. 179.103-5  Bottom outlets.

* * * * *
    (b) * * *
    (2) To provide for the attachment of unloading connections, the 
discharge end of the bottom outlet nozzle or reducer, the valve body of 
the exterior valve, or some fixed attachment thereto, shall be provided 
with one of the following arrangements or an approved modification 
thereof. (See appendix E. Fig. E17 of the AAR Specifications for Tank 
Cars for illustrations of some of the possible arrangements.)
    (i) A bolted flange closure arrangement including a minimum 1-inch 
NPT pipe plug (see Fig. E17.1) or including an auxiliary valve with a 
threaded closure.
    (ii) A threaded cap closure arrangement including a minimum 1-inch 
NPT pipe plug (see Fig. E17.2) or including an auxiliary valve with a 
threaded closure.
    (iii) A quick-coupling device using a threaded plug closure of at 
least 1-inch NPT or having a threaded cap closure with a minimum 1-inch 
NPT pipe plug (see Fig. E17.3 through E17.5). A minimum 1-inch 
auxiliary test valve with a threaded closure may be substituted for the 
1-inch pipe plug (see Fig E17.6). If the threaded cap closure does not 
have a pipe plug or integral auxiliary test valve, a minimum 1-inch NPT 
pipe plug shall be installed in the outlet nozzle above the closure 
(see Fig. E17.7).
    (iv) A two-piece quick-coupling device using a clamped dust cap 
must include an in-line auxiliary valve, either integral with the 
quick-coupling device or located between the primary bottom outlet 
valve and the quick-coupling device. The quick-coupling device closure 
dust cap or outlet nozzle shall be fitted with a minimum 1-inch NPT 
closure (see Fig. E17.8 and E17.9).
* * * * *
    56. Section 179.200-7 is amended by revising the table in paragraph 
(b) to read as follows:


Sec. 179.200-7  Materials.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                               Minimum        Minimum   
                                               tensile     elongation in
                                              strength       2 inches   
              Specifications                  (p.s.i.)    (percent) weld
                                               welded          metal    
                                              condition   (longitudinal)
-------------------------------------------------\1\--------------------
AAR TC 128, Gr. B.........................      81,000             19   
ASTM A 516, Gr. 70........................      70,000             20   
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.                        

* * * * *


Sec. 179.200-7  [Amended]

    57. In addition, in Sec. 179.200-7, the following changes are made:
    a. In the table in paragraph (c), the last entry ``ASTM B 209-70, 
Alloy 6061 \4\'' is removed, and in the first column, for each entry, 
the wording ``209-70'' is revised to read ``209''.
    b. In the paragraph (c) table, Footnotes 4 and 5 are removed and 
Footnote 6 is redesignated as Footnote 4.
    c. In the table in paragraph (d), in the first column, for each 
entry, the wording ``240-70'' is revised to read ``240''.
    d. In Footnote 2 in the paragraph (d) table, the wording ``the 
following procedures in ASTM Specification A 262-68 titled, 
'Recommended Practices for Detecting Susceptibility to Intergranular 
Attack in Stainless Steels,' and must exhibit corrosion rates not 
exceeding the following:'' is revised to read ``Practice A of ASTM 
Specification A 262 titled, 'Standard Practices for Detecting 
Susceptibility to Intergranular Attack in Austenitic Stainless Steels.' 
If the specimen does not pass Practice A, Practice B or C must be used 
and the corrosion rates may not exceed the following:''.
    e. In the table in paragraph (e), in the first column, the wording 
``162-692'' is revised to read ``1622''.
    f. In the table in paragraph (f), in the first column, the wording 
``302-69a'' is revised to read ``302''.
    58. In Sec. 179.200-14, the first sentence of paragraph (a) and the 
first sentence of paragraph (b) are revised to read as follows:


Sec. 179.200-14  Expansion capacity.

    (a) Tanks shall have expansion capacity as prescribed in this 
subchapter. * * *
    (b) For tank cars having an expansion dome, the expansion capacity 
is the total capacity of the tank and dome combined. * * *
* * * * *
    59. In Sec. 179.200-16, the first sentence in paragraph (d) is 
revised to read as follows:


Sec. 179.200-16  Gauging devices, top loading and unloading devices, 
venting and air inlet devices.

* * * * *
    (d) When using a visual gauging device on a car with a hinged 
manway cover, an outage scale visible through the manway opening shall 
be provided. * * *
* * * * *


Sec. 179.200-18  [Removed]

    60. Section 179.200-18 is removed.


Sec. 179.200-24  [Amended]

    61. In Sec. 179.200-24, in the paragraph (a) table, for the entry 
``Material'' , in the second column, the wording ``ASTM A285 C'' is 
revised to read ``ASTM A 516-GR 70''.
    62. Section 179.201-1 is revised to read as follows:


Sec. 179.201-1  Individual specification requirements.

    In addition to Sec. 179.200, the individual specification 
requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Minimum                                                                             
                                                       Bursting      plate         Test                                            References (179.201 -
     DOT Specification \1\           Insulation        pressure    thickness     pressure     Bottom  outlet     Bottom washout            ***)         
                                                        (psi)       (inches)      (psi)                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
103A-ALW.......................  Optional..........          240        \1/2\           60  No...............  Optional.                                

[[Page 28681]]

                                                                                                                                                        
103AW..........................  Optional..........          240    179.201-2           60  No...............  Optional.                                
103ALW.........................  Optional..........          240        \1/2\           60  Optional.........  Optional.........  6(a).                 
103ANW.........................  Optional..........          240    179.201-2           60  No...............  Optional.........  6(d).                 
103BW..........................  Optional..........          240    179.201-2           60  No...............  No...............  6(b), 3.              
103CW..........................  Optional..........          240    179.201-2           60  No...............  No...............  6(c), 4,5.            
103DW..........................  Optional..........          240    179.201-2           60  Optional.........  Optional.........  6(a), 6(c), 4, 5.     
103EW..........................  Optional..........          240    179.201-2           60  No...............  Optional.........  6(c), 4, 5.           
103W...........................  Optional..........          240    179.201-2           60  Optional.........  Optional.........  6(a).                 
104W...........................  Yes...............          240    179.201-2           60  Optional.........  Optional.........  6(a).                 
111A60ALW1.....................  Optional..........          240        \1/2\           60  Optional.........  Optional.........  6(a).                 
111A60ALW2.....................  Optional..........          240        \1/2\           60  No...............  Optional.                                
111A60W1.......................  Optional..........          240       \7/16\           60  Optional.........  Optional.........  6(a).                 
111A60W2.......................  Optional..........          240       \7/16\           60  No...............  Optional.                                
111A60W5.......................  Optional..........          240       \7/16\           60  No...............  No...............  3, 6(b).              
111A60W6.......................  Optional..........          240       \7/16\           60  Optional.........  Optional.........  4, 5, 6(a), 6(c).     
111A60W7.......................  Optional..........          240       \7/16\           60  No...............  No...............  4, 5, 6(a).           
111A100ALW1....................  Optional..........          500        \5/8\          100  Optional.........  Optional.........  6(a).                 
111A100ALW2....................  Optional..........          500        \5/8\          100  No...............  Optional.                                
111A100W1......................  Optional..........          500       \7/16\          100  Optional.........  Optional.........  6(a).                 
111A100W2......................  Optional..........          500       \7/16\          100  No...............  Optional.                                
111A100W3......................  Yes...............          500       \7/16\          100  Optional.........  Optional.........  6(a).                 
111A100W4......................  Yes (see 179.201-           500       \7/16\          100  No...............  No...............  6(a), 8, 10.          
                                  11).                                                                                                                  
111A100W5......................  Optional..........          500       \7/16\          100  No...............  No...............  3.                    
111A100W6......................  Optional..........          500       \7/16\          100  Optional.........  Optional.........  4, 5, 6(a) and 6(c).  
111A100W7......................  Optional..........          500       \7/16\          100  No...............  No...............  4, 5, 6(c).           
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks marked ``ALW'' are constructed from aluminum alloy plate; ``AN'' nickel plate; ``CW,'' ``DW,'' ``EW,'' ``W6,'' and ``W7'' high alloy steel or 
  manganese-molybdenum steel plate; and those marked ``BW'' or ``W5'' must have an interior lining that conforms to Sec.  179.201-3.                    




Sec. 179.201-4  [Amended]

    63. In Sec. 179.201-4, at the end of the paragraph, the wording 
``AAR Specifications for Tank Cars, appendix M, M3.03(b) and M4.05(d)'' 
is revised to read ``ASTM Specification A 262''.


Sec. 179.201-5  [Amended]

    64. In Sec. 179.201-5, in paragraphs (a) and (b), the wording 
``ASTM A240-70'' is revised to read ``ASTM Specification A 240'' each 
place it appears.


Sec. 179.201-7  [Removed]

    65. Section 179.201-7 is removed.
    66. In Sec. 179.220-7, the table in paragraph (b) is revised to 
read as follows:


Sec. 179.220-7  Materials.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                               Minimum        Minimum   
                                               tensile     elongation in
                                              strength       2 inches   
              Specifications                  (p.s.i.)    (percent) weld
                                               welded          metal    
                                              condition   (longitudinal)
-------------------------------------------------\1\--------------------
AAR TC 128, Gr. B.........................      81,000             19   
ASTM A 516, Gr. 70........................      70,000            20    
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.                        

* * * * *


Sec. 179.220-7  [Amended]

    67. In addition, in Sec. 179.220-7, the following changes are made:
    a. In the table in paragraph (c), the last entry ``ASTM B 209-70, 
Alloy 6061 4'' is removed, and the wording ``ASTM B 209-70'' is 
revised to read ``ASTM B 209'' each place it appears.
    b. In the table in paragraph (d), the wording ``ASTM 240-70'' is 
revised to read ``ASTM 240'' each place it appears.
    c. In the table in paragraph (e), the wording ``ASTM A 302-70a'' is 
revised to read ``ASTM A 302''.


Sec. 179.220-19  [Removed]

    68. Section 179.220-19 is removed.
    69. Section 179.221-1 is revised to read as follows:


Sec. 179.221-1  Individual specification requirements.

    In addition to Sec. 179.220, the individual specification 
requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Minimum                                                                         
                                                           Bursting      plate         Test                                                  Reference  
      DOT specification \1\             Insulation         pressure    thickness     pressure       Bottom outlet        Bottom washout    (179.221-***)
                                                            (psi)       (inches)      (psi)                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
115A60ALW........................  Yes.................          240       \3/16\           60  Optional.             Optional...........               
115A60W1.........................  Yes.................          240        \1/8\           60  Optional............  Optional...........             1 
115A60W6.........................  Yes.................          240        \1/8\           60  Optional............  Optional...........             1 
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks converted to DOT-111A series from existing forge-welded specification, DOT-105A 300, 490, or 500 tanks, by modification using conversion      
  details complying with DOT-111A specification requirements, shall be stenciled by substituting the letter ``F'' for the letter ``W'' in the           
  specification designation.                                                                                                                            


[[Page 28682]]




Sec. 179.222  [Removed]

    70. Section 179.222 is removed.


Sec. 179.222-1  [Removed]

    71. Section 179.222-1 is removed.


Sec. 179.300-7  [Amended]

    72. In Sec. 179.300-7, the following changes are made:
    a. In the table at the end of paragraph (a), the entries for ``ASTM 
A 285-69'' and ``ASTM A 515-69'' are removed.
    b. Paragraph (b) is removed and reserved.


Sec. 179.500-17  [Amended]

    73. In Sec. 179.500-17, paragraph (a)(7) is removed.

    Issued in Washington, DC, on May 17, 1996, under authority 
delegated in 49 CFR part 1.
Rose A. McMurray,
Acting Deputy Administrator, Research and Special Programs 
Administration.
[FR Doc. 96-12954 Filed 6-4-96; 8:45 am]
BILLING CODE 4910-60-P