[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Proposed Rules]
[Pages 33216-33230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15272]




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_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



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49 CFR Part 171, et al.



Performance-Oriented Packaging Standards: Final Transitional 
Provisions; Proposed Rule

  Federal Register / Vol. 61, No. 124 / Wednesday, June 26, 1996 / 
Proposed Rules  

[[Page 33216]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 178

[Docket No. HM-181H; Notice No. 96-11]
RIN 2137-AC80


Performance-Oriented Packaging Standards; Final Transitional 
Provisions

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: RSPA is proposing to incorporate into the Department's 
Hazardous Materials Regulations (HMR) a number of changes, based on 
agency initiative, petitions for rulemaking and comments received at 
public meetings, to the classification of certain hazardous materials 
which are poisonous by inhalation and to provisions for the 
manufacture, use and reuse of hazardous materials packagings. The 
intended effect of these regulatory changes is to improve safety, 
reduce costs to offerors and transporters of hazardous materials, make 
the regulations easier to use and correct errors.

DATES: Comments must be received on or before August 2, 1996.

ADDRESSES: Address comments to Dockets Unit (DHM-30), Hazardous 
Materials Safety, RSPA, U.S. Department of Transportation, Washington, 
DC 20590-0001. Comments should identify the docket and notice number 
and be submitted, when possible, in five copies. Persons wishing to 
receive confirmation of receipt of their comments should include a 
self-addressed, stamped postcard. The Dockets Unit is located in Room 
8421 of the Nassif Building, 400 Seventh Street SW., Washington, DC 
20590-0001. Office hours are 8:30 am to 5:00 pm Monday through Friday, 
except on public holidays when the office is closed.

FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-8553, 
Office of Hazardous Materials Standards, or Bill Gramer, telephone 
(202) 366-4545, Office of Hazardous Materials Technology, Research and 
Special Programs Administration, Washington DC, 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 21, 1990, RSPA published a final rule [Docket HM-181; 
55 FR 52402], which comprehensively revised the HMR with respect to 
hazard communication, classification, and packaging requirements based 
on the United Nations (UN) Recommendations on the Transport of 
Dangerous Goods. A document responding to petitions for reconsideration 
and containing editorial and substantive revisions to the final rule 
was published on December 20, 1991 [56 FR 66124]. On October 1, 1992, 
under Dockets HM-181 and HM-189, RSPA issued editorial and technical 
corrections to the regulations published in 1991. On September 24, 
1993, RSPA issued a final rule under Docket HM-181F [58 FR 50224] which 
made changes to the HMR based on agency initiative and petitions for 
rulemaking received since the December 20, 1991 response to petitions 
for reconsideration. That final rule primarily revised requirements 
with a mandatory compliance date of October 1, 1993, as provided in the 
transitional provisions in Sec. 171.14(b)(4).
    This rule, as proposed, addresses most remaining issues associated 
with the implementation of Docket HM-181 provisions and certain other 
issues arising from a final rule issued December 29, 1994, under Docket 
HM-215A [59 FR 67390]. Many of these proposed changes are to 
requirements with a compliance date of October 1, 1996. These issues 
have been raised through petitions for rulemaking and agency 
initiative. Although these proposed changes focus primarily on 
provisions concerning hazard classification and the maintenance and use 
of performance packaging, RSPA also is proposing changes to 
intermediate bulk container (IBC) requirements, portable tank 
requirements, and regulated medical waste provisions adopted under 
Dockets HM-181E and HM-181G, respectively. Several current exemptions 
would be converted into regulations of general applicability, and an 
approval concerning design qualification and periodic testing would be 
incorporated into the HMR.
    This proposed rule does not address the manufacture, maintenance 
and use of fiber drums. A final rule was published February 29, 1996 
[61 FR 7958] which extends the authority to ship certain liquid 
hazardous materials in open-head fiber drums that do not meet 
performance-oriented packaging standards for hazardous materials in 
Packing Group III.
    This proposed 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 proposed changes in this document 
reflect the results of this review.

II. Summary of Proposed Regulatory Changes by Section

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

Part 171

    Section 171.7. The table of material incorporated by reference 
would be amended by adding a new entry referencing a publication issued 
by the Department of Health and Human Services for defining biosafety 
levels.
    Section 171.14. All transitional provisions reflecting a compliance 
date of October 1, 1996, or earlier would be removed. Three remaining 
transition provisions apply to packages filled prior to October 1, 
1991, new placard specifications, and authorization for use of fiber 
drums.

Part 172

    Section 172.101. The text preceding the Sec. 172.101 Hazardous 
Materials Table (HMT) sets forth procedures for using the HMT. RSPA 
received a petition for rulemaking [P-1169] from the Hazardous 
Materials Advisory Council (HMAC) requesting clarification of the 
procedures contained in paragraph (c)(12)(iii) for selecting a proper 
shipping name for a material that meets the definition of more than one 
hazard class. RSPA agrees and is proposing to replace the phrase 
``identify . . . by a specific description'' with ``identify . . . 
specifically by name'' and include an example.
    Section 172.101; the Hazardous Materials Table (HMT). A new entry 
to provide for the domestic transportation of black powder for small 
arms reclassed as a Division 4.1 would be added. This proposed revision 
is in response to a petition [P-1295] asking RSPA to incorporate the 
provisions of an exemption (DOT-E-8958) into regulations of general 
applicability. As part of the justification for the request, the 
petitioner noted an incident-free shipping history of more than 12 
years and cited comparable provisions for smokeless powder, small arms 
cartridges and power device cartridges. In conjunction with this 
proposed

[[Page 33217]]

change, a new Special Provision 70 and new non-bulk packaging section 
Sec. 173.170 would be added.
    In the HMT, the entries ``Chlorosilanes, n.o.s.'', with 
identification numbers UN 2986, UN 2987, and UN 2988, are not 
authorized to be shipped in IM portable tanks. A petitioner [P-1257] 
requested that RSPA authorize IM portable tanks for all chlorosilanes 
because individual chlorosilanes, such as Ethyldichlorosilane, 
Methyldichlorosilane and Trichlorosilane, pose similar hazards and are 
authorized under the HMR to be shipped in IM portable tanks. RSPA 
agrees with the petitioner that authorizing certain IM portable tanks 
for all chlorosilanes would not compromise safety and would be 
consistent with packaging authorizations for other materials posing 
similar hazards. RSPA proposes to add special provisions in Column (7) 
for ``Chlorosilanes, n.o.s.'', with identification numbers UN 2986, UN 
2987, and UN 2988, to permit the transport of these materials in IM 
portable tanks.
    Bulk packaging references for three Type F organic peroxides (UN 
3110, UN 3119, and UN 3120) would be revised by changing ``None'' to 
``225'' in Column (8C) to indicate that these materials are authorized 
in bulk packagings. In addition, for the entries ``Organic Peroxide, 
type F, liquid (or solid), temperature controlled'' (UN 3119 and UN 
3120), in Column (8A), the packaging exception reference ``152'' would 
be removed for each entry to indicate that these temperature controlled 
organic peroxides are not eligible for packaging exceptions.
    Twenty-nine entries classed as Division 4.3 (dangerous when wet) 
solids in Packing Groups II and III would be amended by revising Column 
(8A) to authorize Sec. 173.151 as a packaging exception section.
    Revisions to Classification and Hazard Zone Identification for 
Certain Materials Poisonous by Inhalation. Based on acute inhalation 
toxicity data and related information obtained by RSPA, the HMT would 
be amended to change the hazard zone for some materials poisonous by 
inhalation, and to add other materials to the list of materials 
poisonous by inhalation. For certain materials this revision would 
impose more stringent hazard communication and packaging requirements. 
The materials and a description of the data on which these proposals 
are based are listed as follows:
    a. Bromine trifluoride (UN1746). This material is a liquid at 
20 deg.C and is identified as a Hazard Zone B inhalation hazard. Based 
on harmonization of the HMR with the UN Recommendations (Eighth revised 
edition), bromine trifluoride is assigned to Division 5.1. However, 
according to Sec. 173.2a(a), ``Division 6.1 (poisonous liquids), 
Packing Group I, poisonous-by-inhalation only'' takes precedence over 
``Division 5.1 (oxidizers).'' Therefore, RSPA is proposing to add the 
plus (+) symbol to Column 1 of the entry for bromine trifluoride.
    b. Hydrogen cyanide, solution in alcohol (with not more than 45 
percent hydrogen cyanide) (UN3294). This material is a liquid at 
20 deg.C and is classified as a Division 6.1 material. Packing Group I 
only is assigned. Hydrogen cyanide, stabilized (UN1051), is identified 
as a Hazard Zone A inhalation hazard. Therefore, based on the toxicity 
and volatility of hydrogen cyanide, the packing group assigned and the 
dilution factor for this solution of hydrogen cyanide, RSPA is 
proposing to identify hydrogen cyanide, solution in alcohol with not 
more than 45 percent hydrogen cyanide as a Hazard Zone B inhalation 
hazard.
    c. Metal carbonyls, n.o.s. (UN3281). This generic entry covers 
Division 6.1, Packing Group I, II and III toxic metal carbonyls that 
are not specifically listed by name but which exhibit acute oral, 
dermal and/or inhalation toxicity. The acute toxicity of these metal 
carbonyls may differ from one compound to another. Those toxic by 
inhalation may fall into Hazard Zone A or Hazard Zone B. Others may not 
be toxic by inhalation, but may exhibit oral and/or dermal toxicity, 
which places them in Division 6.1, Packing Group I. Therefore, RSPA is 
proposing to add special provision ``5'' to Column 7 of the entry for 
metal carbonyls, n.o.s. at the Packing Group I level.
    d. Methanesulfonyl chloride (UN3246). This material is a liquid at 
20 deg.C and is classified as a Division 6.1 material. Acute inhalation 
toxicity data for this material was obtained from a Special Approval 
application before the material was listed by name in the UN 
Recommendations (Seventh revised edition) and, subsequently, in the 
HMR. Following publication of the final rule under Docket HM-215A (59 
FR 67390; December 29, 1994), a manufacturer submitted data identifying 
the material as a Hazard Zone B inhalation hazard (rat; LC50:205 ppm/1H 
(hour); V (saturated vapor concentration):2760 ppm). RSPA agrees with 
the data and is proposing to identify methanesulfonyl chloride as a 
Hazard Zone B inhalation hazard.
    e. Methyl vinyl ketone (UN1251). This material is a liquid at 
20 deg.C and is classified as a Class 3 material. Acute inhalation 
toxicity data for methyl vinyl ketone was listed in the Registry of 
Toxic Effects of Chemical Substances (RTECS) (RTECS: EM9800000), as 
follows: Rat; LC50:7 mg/m\3\/4H. The value, converted to ppm/one hour, 
was: Rat; LC50:5 ppm/1H. The saturated vapor concentration was 
calculated to be: V:93400 ppm at 20 deg.C, indicating that methyl vinyl 
ketone is a material poisonous by inhalation and falls within Hazard 
Zone A. RSPA agrees with this data and is proposing to identify methyl 
vinyl ketone as a Hazard Zone A inhalation hazard. Also, to maintain 
harmony with the UN Recommendations (Eighth revised edition), RSPA is 
proposing to add the plus (+) symbol to Column 1 of the entry for 
methyl vinyl ketone.
    f. Nitriles, toxic, flammable, n.o.s. (UN3275). This generic entry 
covers Division 6.1, Packing Group I and II toxic, flammable nitriles 
that are not specifically listed by name but exhibit acute oral, dermal 
and/or inhalation toxicity. The acute toxicity of these nitriles may 
differ from one compound to another. Those toxic by inhalation may fall 
into Hazard Zone A or Hazard Zone B. Other nitriles may not be toxic by 
inhalation, but may exhibit oral and/or dermal toxicity which places 
them in Division 6.1, Packing Group I. Therefore, RSPA is proposing to 
add special provision ``5'' to Column 7 of the entry for nitriles, 
toxic, flammable, n.o.s. at the Packing Group I level.
    g. Nitriles, toxic, n.o.s. (UN3276). This generic entry covers 
Division 6.1, Packing Group I, II and III toxic nitriles that are not 
specifically listed by name but exhibit acute oral, dermal and/or 
inhalation toxicity. The acute toxicity of these nitriles may differ 
from one compound to another. Those toxic by inhalation may fall into 
Hazard Zone A or Hazard Zone B. Other nitriles may not be toxic by 
inhalation, but may exhibit oral and/or dermal toxicity which places 
them in Division 6.1, Packing Group I. Therefore, RSPA is proposing to 
add special provision ``5'' to Column 7 of the entry for nitriles, 
toxic, n.o.s. at the Packing Group I level.
    h. Organoarsenic compound, n.o.s. (UN3280). This generic entry 
covers Division 6.1, Packing Group I, II and III toxic organoarsenic 
compounds that are not specifically listed by name but exhibit acute 
oral, dermal and/or inhalation toxicity. The acute toxicity of these 
organoarsenic compounds may differ from one compound to another. Those 
toxic by inhalation may fall into Hazard Zone A or Hazard Zone B. 
Others may not be toxic by inhalation, but may exhibit oral and/or 
dermal

[[Page 33218]]

toxicity which places them in Division 6.1, Packing Group I. Therefore, 
RSPA is proposing to add special provision ``5'' to Column 7 of the 
entry for organoarsenic compound, n.o.s. at the Packing Group I level.
    i. Organophosphorus compound, toxic, flammable, n.o.s. (UN3279). 
This generic entry covers Division 6.1, Packing Group I and II toxic, 
flammable organophosphorus compounds that are not specifically listed 
by name but may exhibit acute oral, dermal and/or inhalation toxicity. 
The acute toxicity of these organophosphorus compounds may differ from 
one compound to another. Those toxic by inhalation may fall into Hazard 
Zone A or Hazard Zone B. Others may not be toxic by inhalation, but may 
exhibit oral and/or dermal toxicity which places them in Division 6.1, 
Packing Group I. Therefore, RSPA is proposing to add special provision 
``5'' to Column 7 of the entry for organophosphorus compound, toxic, 
flammable, n.o.s. at the Packing Group I level.
    j. Organophosphorus compound, toxic, n.o.s. (UN3278). This generic 
entry covers Division 6.1, Packing Group I, II and III toxic 
organophosphorus compounds that are not listed by name but exhibit 
acute oral, dermal and/or inhalation toxicity. The acute toxicity of 
these organophosphorus compounds may differ from one compound to 
another. Those toxic by inhalation may fall into Hazard Zone A or 
Hazard Zone B. Others may not be toxic by inhalation, but may exhibit 
oral and/or dermal toxicity which places them in Packing Group I. 
Therefore, RSPA is proposing to add special provision ``5'' to Column 7 
of this entry for organophosphorus compound, toxic, n.o.s. at the 
Packing Group I level.
    k. Phosphorus pentafluoride (UN2198). This material is a gas at 
20 deg.C and is currently identified as a Hazard Zone A inhalation 
hazard - a tentative classification since no acute inhalation toxicity 
data was available. The Compressed Gas Association, Inc. (CGA) has 
reviewed the acute inhalation toxicity of phosphorous pentafluoride, 
among others. In their Standard for Classification of Toxic Gas 
Mixtures (CGA P-20--1995), the CGA estimates the toxicity to be: Rat; 
LC50:260 ppm/1H. RSPA agrees with the CGA estimate and is proposing to 
identify phosphorus pentafluoride as a Hazard Zone B inhalation hazard.
    l. Tungsten hexafluoride (UN2196). This material is a gas at 
20 deg.C and is currently identified as a Hazard Zone C inhalation 
hazard. This was an RSPA estimate since no acute inhalation toxicity 
data was available. The CGA has reviewed the acute inhalation toxicity 
of tungsten hexafluoride. In their Standard for Classification of Toxic 
Gas Mixtures, the CGA estimates the toxicity to be: Rat; LC50:217 ppm/
1H. RSPA agrees with the CGA estimate and is proposing to identify 
phosphorus pentafluoride as a Hazard Zone B inhalation hazard.
    Section 172.102. Special Provision B59, which authorizes AAR 207A 
rail cars for phosphorus pentasulfide, would be revised based on a 
petition [P-1286] submitted by the Association of American Railroads 
(AAR). In its petition, the AAR maintained that the current 
authorization in B59 for AAR Specification ``207A tank cars'' is not 
correct. The AAR acknowledged that it has contributed to the problem by 
referring to these cars in its Tank Car Manual as tank cars, when they 
are, in fact, hopper cars used to transport solid materials. RSPA 
agrees that these cars are more appropriately described as hopper cars 
and proposes to amend Special Provision B59 accordingly.
    A new special provision (N42) would be added to authorize a UN 1A1 
steel drum for stabilized benzyl chloride. Prior to the adoption of 
performance packaging standards under Docket HM-181, the use of DOT 
Specification 5A and 17C steel drums was authorized for stabilized 
benzyl chloride. Under Docket HM-181, Special Provision N43 was 
assigned to both stabilized and unstabilized benzyl chloride, which 
prohibited use of metal drums other than those constructed of monel or 
nickel. Based on a petition for rulemaking [P-1296], RSPA agrees with 
the petitioner that certain 1A1 steel drums having a phenolic lining 
are appropriate for stabilized benzyl chloride. Therefore, RSPA is 
proposing to remove N43 from the entry for benzyl chloride and replace 
it with a new special provision N42, which will allow use of phenolic-
lined steel drums with a minimum thickness of 0.050 inches which have 
been tested and certified to a Packing Group I level at a specific 
gravity of 1.8.
    Section 172.302. In the general marking requirements for bulk 
packagings, markings on portable tanks with capacities of less than 
3,785 L (1,000 gallons) must be at least 6.0 mm (0.24 inch) wide and at 
least 25 mm (one inch) high. RSPA received a petition for rulemaking 
[P-1191] requesting that paragraph (b)(2) of this section be amended to 
decrease to 3 mm the minimum width of markings required on portable 
tanks having a capacity less than 3,785 L (1,000 gallons). The 
petitioner stated that the required minimum width (6 mm) is 
disproportionate to the required minimum height (25 mm). The petitioner 
stated that this marking is difficult to read, which reduces the 
effectiveness of the marking. RSPA agrees that the width of the 
markings should be proportionate to the height, but believes that 3 mm 
may be too narrow for the size of the packaging. In this notice, RSPA 
proposes to revise the minimum width of markings for portable tanks 
with capacities less than 3,785 L (1,000 gallons) to 4 mm (0.16 
inches). In addition, minimum height of markings required on IBCs would 
be specified in paragraph (b)(2) as 25 mm (one inch). Currently, 
minimum height markings for IBCs would fall under paragraph (b)(3) with 
IBCs described as ``other bulk packagings'' which are required to have 
a minimum height of 50 mm (2.0 inches). RSPA has received comments 
requesting the minimum height requirement be lowered for IBCs. After 
reviewing this issue, RSPA agrees that the minimum marking height for 
IBCs should be consistent with markings for smaller portable tanks and 
is proposing a reduction in both height and width for IBCs.
    Section 172.504. In response to a petition for rulemaking from HMAC 
[P-1169], RSPA is proposing to remove paragraph (f)(8), which allows a 
CLASS 9 placard to be substituted for a COMBUSTIBLE LIQUID placard for 
a material meeting both Combustible liquid and Class 9 hazard classes. 
HMAC noted the potential for confusion and delay of a shipment because 
of inconsistencies between the documentation and marking requirements 
describing a Combustible liquid and the application of CLASS 9 
placards. In addition, this alternative placarding conflicts with 
paragraph (f)(9), which provides an exception from placarding for Class 
9 materials in domestic transportation.

Part 173

    Section 173.24a. It has come to RSPA's attention that certain 
cushioning materials deteriorate if there is even minimal leakage from 
an inner packaging. A degradation of cushioning materials could 
seriously reduce the effectiveness of a packaging and render it as not 
conforming to its marked performance standard or not meeting general 
packaging requirements. Paragraph (a)(3) would be revised to clarify 
that cushioning material used to protect inner packagings must not be 
adversely affected (e.g., disintegrate) if there is leakage of a 
hazardous material from the inner packagings. This clarification is 
consistent with

[[Page 33219]]

international air transport provisions contained in the International 
Civil Aviation Organization's Technical Instructions.
    Currently, paragraphs (b)(1) and (b)(2) provide filling limits for 
single and composite packagings, but no such limits are provided for 
combination packagings. RSPA proposes to revise paragraph (b)(2) of 
this section to prescribe filling limits for all non-bulk packagings, 
including combination packagings. This provision would prohibit 
combination packagings from being filled with a hazardous material to a 
gross mass greater than the maximum gross mass marked on the packaging.
    In addition, a new paragraph (e) would be added to incorporate a 
definition for stainless steel as it pertains to non-bulk packaging. 
This is consistent with paragraph (b) in Sec. 173.24b for calculating 
equivalent steel for bulk packagings.
    Section 173.28. RSPA received a petition [P-1303] requesting that 
paragraph (b)(4) be revised to incorporate a calculation which may be 
used to determine an equivalent drum thickness for stainless steel 
drums. The petitioner maintained that drums fabricated of stainless 
steel are less susceptible to damage or a reduction in structural 
integrity resulting from mechanical stresses associated with handling 
and reuse. The petitioner further claimed that an equivalent level of 
safety can be achieved through reuse of a thinner stainless steel drum 
and noted the same method is authorized already in the HMR for 
calculating equivalent minimum thicknesses of portable tanks and metal 
IBCs. RSPA agrees, and is proposing to add a formula in paragraph 
(b)(4) for calculating an equivalent minimum thickness for stainless 
steel drums. This proposed formula is consistent with the formula 
contained in Sec. 178.705 for calculating minimum wall thicknesses for 
metal IBCs.
    The Association of Container Reconditioners (ACR) submitted a 
petition for rulemaking [P-1292] dated August 10, 1995, asking RSPA to 
revise the footnote in paragraph (b)(4) once again to reflect a 1.1 mm 
(0.043 inch) head. This footnote has been revised three times since the 
issuance of the 1990 Docket HM-181 final rule. In 1988, ACR (formerly 
National Barrel and Drum Association) was among commenters to the HM-
181 NPRM asking RSPA to allow the ``20/18 gauge'' drum. RSPA responded 
to this comment in the 1990 final rule by adopting a footnote to the 
Sec. 173.28(b)(4) minimum thickness table, to allow the ``20/18 gauge'' 
drum, (i.e. drums of 220 liters with a body thickness of 0.82 mm and 
head thickness of 1.09 mm) to be reused. The 1991 revised final rule 
under Docket HM-181 amended the footnote to allow a minimum body 
thickness of 0.8 mm, with minimum head thickness of 1.1 mm. This change 
was not based on comments or RSPA's intent to change minimum thickness 
requirements, but from revised methods of rounding metric units. In 
1993, the eighth revised edition of the UN Recommendations adopted a 
requirement to mark nominal thickness, which is tied to minimum 
thickness by ISO 3574. RSPA, in response to an ACR request for 
clarification, stated that drums marked in accordance with the UN 
Recommendations would be satisfactory, but they must be marked with the 
minimum thickness to the nearest 0.1 mm. In the 1994 edition of the 
HMR, Footnote 1 continued to authorize a minimum thickness of 0.8 mm 
(0.03 inch) body and 1.1 mm (0.043 inch) head. No changes to the 
footnote were proposed in the Docket HM-215A NPRM published July 18, 
1994, but in its September 6, 1994 comment to this proposed rule, ACR 
``strongly'' urged RSPA to restore Footnote 1 to the original provision 
implemented in the 1990 HM-181 final rule ( 0.82 mm body and 1.09 mm 
head). ACR stated: ``In reprinting this table in 1991, however, the 
thicknesses identified in this footnote were changed, from 0.82 mm 
(0.0324 inch) to `0.8 mm (0.03 inch' in the body and from 1.09 mm 
(0.0428 inch) to `1.1 mm (0.043 inch)' in the heads.'' ACR claimed 
these criteria do not correspond to the 20/18 gauge DOT specification 
drums in current use at the time HM-181 was adopted, ``nor were they 
explained in any fashion in the preamble to the second printing of the 
final rule.'' ACR suggested that the footnote ``could be recast'' to 
prescribe ``0.9 mm nominal (0.82 mm minimum) body and 1.2 mm nominal 
(1.1 mm minimum) body''. In the December 29, 1994 final rule issued 
under HM-215A, RSPA adopted a requirement to mark drums with nominal, 
rather than minimum thickness, based on revised UN Recommendations, but 
retained minimum thickness standards for reuse. In Footnote 1, RSPA 
revised the 0.8 mm thickness to read ``0.80 mm'' for clarity. On 
January 27, 1995, ACR submitted a petition for reconsideration of HM-
215A final rule within the prescribed 30-day period following the 
December 29, 1994 final rule. ACR requested an immediate ``spot'' 
amendment to Footnote 1. In its petition, ACR stated ``. . . we ask you 
to issue an immediate correction to the footnote to Sec. 173.28(b)(4) 
to make it read properly as it did in the December 21, 1990 Federal 
Register: `Metal drums or jerricans constructed with a minimum 
thickness of 0.82 mm (0.032 inch) body and 1.09 mm (0.043 inch) heads 
are authorized.' '' However, on February 24, 1995, after the petition 
for reconsideration period for HM-215A had ended, ACR submitted another 
letter ``intended to provide clarifying detail'' regarding Footnote 1. 
This letter indicated the footnote should be corrected to express 
minimum thicknesses for nominal markings in accordance with the ISO 
standard and should reference a minimum thickness of 0.82 mm body and 
1.11 mm heads, which would bear a nominal marking ``1.2/0.9/1.2.'' Less 
than a month after receipt of the petition requesting an immediate 
correction to authorize 1.09 mm minimum thickness for heads, ACR again 
requested a minimum thickness of 1.11 mm heads. A revised final rule 
under Docket HM-215A issued on May 18, 1995, addressed the ACR petition 
of January 27, 1995, by restoring the minimum thicknesses of 0.82 mm 
body and 1.09 heads, as adopted in the HM-181 final rule issued 
December 21, 1990. ACR responded by submitting a petition for 
rulemaking on August 10, 1995, claiming that RSPA had not adjusted 
Footnote 1 to correlate with ISO Standard 3574:1986, and petitioning 
RSPA to revise Footnote 1 to prescribe a metal drum minimum thickness 
of 0.82 mm body and 1.11 mm heads. ACR indicated that this would result 
in a ``modest increase in the minimum head thickness of 0.02 mm, . . . 
most of the metal thicknesses now set forth in the table . . . also 
involved modest increases.'' In a subsequent action, ACR sent a letter 
to the RSPA Administrator, claiming that ``DOT has been unable to 
successfully marry the international standards used and cited by the UN 
with DOT's minimum thickness requirements, with respect to `20/18' 
style drums.'' ACR also cited ``changes made by RSPA in HM-215A'' (one 
based on the ACR petition for a spot amendment to restore the footnote 
to 0.82 body and 1.09 heads) and noted the agency's failure to adjust 
the Sec. 173.28 footnote to correspond with ISO. Based on this 
discussion, RSPA is proposing one final adjustment to Footnote 1 to 
specify a minimum thickness of 0.82 mm body and 1.11 mm head to 
correspond with ISO and respond to ACR's latest petition.
    Paragraph (b)(7)(iv)(C) would be revised to clarify that there are 
established conditions which must be met before an approval is granted 
by the

[[Page 33220]]

Associate Administrator for Hazardous Materials Safety to allow relief 
from leakproofness testing for a packaging constructed of a material or 
thickness not otherwise authorized in the exception.
    Paragraph (c)(2) prescribes reconditioning requirements for non-
bulk packagings other than metal drums. Based on the merits of a 
request for clarification from the National Association of Chemical 
Distributors, RSPA is proposing that paragraph (c)(2) be revised to 
clarify that repair or replacement of a bung or a removable gasket in a 
plastic closed head (UN 1H1) drum is not considered reconditioning and 
does not subject the drum to reconditioning marking requirements or to 
leakproofness testing requirements if the drum was otherwise excepted 
from leakproofness testing.
    Section 173.32. A final rule issued July 26, 1994, under Docket HM-
181E adopted provisions for intermediate bulk containers and imposed a 
termination date of September 30, 1996 for new construction of DOT 
Specification 56 and 57 portable tanks. As part of that final rule, 
requirements in Part 178 for design, construction and testing of these 
tanks were removed. Although new construction of these tanks will no 
longer be authorized after September 30, 1996, existing DOT 57 tanks 
are authorized for use as long as they are successfully retested in 
accordance with retest provisions of Sec. 173.32(e). Because the 
pressure testing requirements for DOT 57 tanks refer to a section in 
Part 178 which has been removed, RSPA is proposing to reinstate this 
requirement in paragraph (e)(2)(i). In addition, based on the merits of 
a petition [P-1092], RSPA is proposing to amend paragraph (d) to allow 
plastic discharge valves for certain stainless steel DOT 57 tanks 
constructed before October 1, 1996. Allowing a plastic discharge valve 
on these tanks will eliminate the need for an existing exemption, DOT-
E-10916, and will permit continued use of thousands of portable tanks 
with a proven safety record.
    Section 173.115. The Association of American Railroads (AAR), in a 
petition for rulemaking [P-1152], requested a revision to paragraph 
(b)(1) to correct the conversion of 280 kPa to read ``280 kPa (40.6 
psia).'' RSPA agrees and paragraph (b)(1) is revised to reflect the 
correct conversion in parentheses for informational purposes.
    Section 173.120 and Appendix H to Part 173. Based on the merit of 
requests from industry, RSPA is proposing to add provisions to test 
combustible liquids with a flash point above 60.5 deg.C (141 deg.F) and 
below 93 deg.C (200 deg.F) for the ability to sustain combustion. 
Appendix H was added in the Docket HM-215A final rule to incorporate 
additional testing procedures for a material meeting the definition of 
Class 3 (flammable liquid). If this material was unable to sustain 
combustion when heated under test conditions and exposed to an external 
source of flame, it was excepted from the regulations as a Class 3 
material. This notice proposes to expand the exception to apply to 
materials which meet the definition in paragraph (b) for combustible 
liquids. Appendix H to Part 173 would be revised to provide additional 
test temperatures in paragraph 5.(h) for combustible liquids that would 
closely parallel the approach for flammable liquids.
    Sections 173.121, 173.125, and 173.127. Currently, procedures for 
assigning a packing group to a hazardous material in these sections 
convey to the reader that the Sec. 172.101 Table indicates that the 
packing group is to be determined on the basis of the grouping criteria 
for a given hazard class. The AAR and HMAC, in petitions for rulemaking 
[P-1152 and P-1169, respectively], requested that RSPA amend the 
regulatory language in Secs. 173.121(a), 173.125(a), and 173.127(b) to 
mirror the language in Secs. 173.133 and 173.137 for consistency and 
clarity. In this notice, RSPA proposes to clarify the methods for 
determining packing groups described in Secs. 173.121(a), 173.125(a), 
and 173.127(b) for Class 3, Class 4, and Class 5 materials, 
respectively.
    Section 173.133. The introductory text of paragraph (a) sets forth 
procedures for selecting packing group or hazard zone when the 
Sec. 172.101 Table provides more than one packing group and hazard zone 
for a hazardous material. The AAR requested, in a petition for 
rulemaking [P-1152], that RSPA revise the wording ``provides more than 
one packing group and hazard zone'' to read ``provides more than one 
packing and/or hazard zone'' because hazard zones do not apply to 
Packing Group II and III Division 6.1 materials. RSPA agrees and 
proposes to revise the wording ``more than one packing group and hazard 
zone'' to read ``more than one packing group or hazard zone''.
    Section 173.134. Paragraph (a)(4) limits the definition of 
regulated medical waste to exclude discarded cultures and stocks of 
infectious substances. In this proposed rule, paragraph (b) would be 
revised by adding a new paragraph (b)(4) authorizing discarded cultures 
and stocks in Biosafety Levels 1, 2 and 3, as defined in HHS 
Publication No. (CDC) 93-8395, Biosafety in Microbiological and 
Biomedical Laboratories, 3rd Edition, May 1993, Section II to be 
described and packaged as regulated medical waste rather than 
infectious substances. Packagings would be required to conform to 
Packing Group II performance requirements. Transport of these materials 
would be limited to private or contract motor freight carriers in 
dedicated service to the transportation of medical waste.
    Section 173.151. A new paragraph (d) would be added to incorporate 
limited quantity provisions for Division 4.3 (dangerous when wet) solid 
materials in Packing Groups II and III. This proposal would align the 
HMR with limited quantity exceptions contained in the UN 
Recommendations.
    Section 173.156. In the December 21, 1990 final rule under Docket 
HM-181, RSPA imposed a gross weight limit of 30 kg (66 pounds) per 
package on materials shipped under limited quantity and consumer 
commodity provisions to minimize their aggregate risk. RSPA also 
provided an exception in Sec. 173.156 from this 30 kg weight limitation 
for packages of consumer commodities unitized in cages, carts, boxes, 
or similar overpacks when shipped by private or contract carrier or 
common carrier in exclusive use between a manufacturer, a distribution 
center, and a retail outlet. RSPA received a petition for rulemaking 
[P-1213] from the Conference on the Safe Transportation of Hazardous 
Articles (COSTHA) requesting removal of the 30 kg weight restriction 
for ORM-D materials packaged in ``display packs.'' COSTHA described 
these display packs as containing inner receptacles of ORM-D materials 
which are secured in corrugated fiberboard trays and then stacked and 
placed within a strong outer container. Each outer container is 
strapped to a wooden pallet with steel or polyester strapping to form 
an integral part of the packaging. COSTHA claimed the completed package 
meets the general packaging requirements of Subpart B of Part 173 and 
is marked in accordance with Sec. 172.316. As part of its petition, 
COSTHA cited an exemplary safety record in transporting these display 
packs under pre-HM-181 limited quantity provisions, which do not impose 
any weight limitations, but will no longer be authorized after October 
1, 1996.
    RSPA believes that ORM-D materials shipped in the above-described 
display packs achieve an adequate level of safety in transportation. 
Therefore, RSPA proposes to amend Sec. 173.156 by revising paragraph 
(b) to authorize

[[Page 33221]]

ORM-D materials in palletized display packs exceeding the 30 kg (66 
pound) gross weight limitation to be offered for transportation, or 
transported, by highway or rail between a manufacturer, a distribution 
center, and a retail outlet.
    In addition, RSPA is proposing to provide an exception for 
transportation of ORM-D materials to disposal facilities. A petitioner 
[P-1308] requested that RSPA amend paragraph (b) to allow discarded 
consumer commodities to be transported from manufacturing, distribution 
or retail facilities to a disposal facility when packaged in large 
boxes or overpacks exceeding 30 kg (66 pounds). The petitioner claimed 
that the cost of meeting the 30 kg weight limit or packaging these 
consumer commodities in UN-certified performance packagings far exceeds 
any safety benefit achieved. The petitioner also noted that allowing 
distribution centers and retail outlets to ship discarded consumer 
commodities to local disposal facilities rather than back to the 
manufacturer could enhance transportation safety by shortening the 
shipping distance. RSPA agrees and is proposing to amend paragraph (b) 
to authorize discarded consumer commodities to be shipped to disposal 
facilities when packaged in large boxes or similar overpacks exceeding 
30 kg (66 pounds).
    Section 173.158. This section would be revised to authorize 
additional packagings for nitric acid. RSPA received one petition [P-
1280] which pointed out that packaging authorizations for nitric acid 
in 90 percent or greater concentrations, when offered for 
transportation or transported by rail, highway or water, are more 
stringent than packaging authorizations for transportation by cargo 
aircraft only or packaging authorizations for red fuming nitric acid, a 
toxic by inhalation hazard material. RSPA agrees with this petitioner, 
and paragraph (d) would be revised to authorize additional packagings 
for nitric acid in concentrations of 90 percent or greater when offered 
for transportation or transported by rail, highway or water. A 
combination packaging consisting of a 1A2, 1B2, 1D, 1G, 1H2, 3H2 or 4G 
outer packaging with inner glass packagings of 2.5 L (0.66 gallons) or 
less capacity cushioned with a non-reactive, absorbent material and 
packed within a leak-tight packaging of metal or plastic would be 
authorized.
    In addition, RSPA is proposing to revise paragraph (f)(1) based on 
the merits of a petition [P-1289] requesting that 6HH1 and 6HA1 
composite packagings with PFA Teflon inner receptacles be authorized 
for nitric acid concentrations of 70 percent or less. These composite 
packagings are authorized under the provisions of three exemptions and 
have demonstrated an equivalent level of safety
    Section 173.183. Currently under the HMR, Sec. 173.183 authorizes 
nitrocellulose base film to be packaged in combination packagings 
consisting of inner packagings made of metal, strong cardboard, or 
fiberboard, that are packed in certain UN standard packagings. Plastic 
inner packagings are not authorized except under the terms of an 
exemption. A petitioner [P-1130] requested that RSPA amend Sec. 173.183 
to authorize the use of polypropylene inner packagings because 
polypropylene is flame-retardant, produces minimum toxic gases when 
burned, and will not deteriorate film. Because the petitioner has been 
using the packaging under the terms of an exemption and has encountered 
no adverse experience in transportation, RSPA proposes to amend 
Sec. 173.183 by adding a packaging authorization to allow the use of 
polypropylene inner packagings for nitrocellulose base film.
    Section 173.225. Paragraph (a) would be revised to specify that 
inner plastic packagings of a combination packaging used for 
transporting organic peroxides must be constructed of new resin. This 
proposed change is based on a petition for rulemaking [P-1281] 
submitted by the Society of the Plastics Industry for the Organic 
Peroxide Producers Safety Division, which represents major U.S. organic 
peroxide manufacturers. RSPA agrees with the petitioner's claim that 
most regulated organic peroxides are too sensitive to contamination to 
be stored in packages manufactured from ``resin of unknown history.''
    Section 173.306. This section specifies limited quantity provisions 
for compressed gases. In its petition [P-1169], HMAC requested that 
RSPA amend Sec. 173.306 by removing paragraph (i)(1) because it is 
ineffective and does not provide accurate results. In addition, RSPA is 
proposing to revise the introductory text of paragraph (i) to clarify 
that flammability of aerosols is based on obtaining a positive test 
result from any of the three methods contained in this paragraph. This 
approach is consistent with the ICAO Technical Instructions.
    Section 173.314. Prior to issuance of a final rule under Docket HM-
181, the HMR contained summer and winter fill tables that authorized an 
increase in filling densities for liquids and liquefied gases during 
the winter months. In a supplemental notice of proposed rulemaking 
under Docket HM-181C (55 FR 21342), RSPA noted that this filling limit 
provision was ambiguous and did not take into account lading 
temperatures that might be encountered in transit, such as temperature 
extremes in the Northern and Southern regions of the United States. 
Without regard for these broad ranges of temperature, the HMR 
authorized a higher filling limit for certain Class 2 (compressed gas) 
materials in the same tank car during the months of November through 
March (winter) than during the months of April through October 
(summer). Also, for certain products RSPA discovered that the filling 
limit was higher for noninsulated tanks than for insulated tanks during 
the winter season. Based on these inconsistencies and comments received 
to the Docket HM-181C NPRM, RSPA removed the winter filling limit 
criteria for tank cars in the Docket HM-181 final rule published 
December 21, 1990. When transitional provisions for the maintenance and 
use of current packagings end on October 1, 1996, the regulations will 
require for hazardous materials (other than those meeting the criteria 
for materials poisonous by inhalation) a 1.0% outage (or 99.0% filling 
limit) at 41 deg. C (105 deg. F) for insulated tanks and 46 deg. C 
(115 deg. F) for noninsulated tanks, throughout the year. Unless 
otherwise specified in the HMR, materials poisonous by inhalation 
require a 5.0% outage (or 95% filling limit) at 41 deg. C (105 deg. F) 
for insulated tanks and 46 deg. C (115 deg. F) for noninsulated tanks.
    In a letter dated May 24,1996, the American Petroleum Institute 
(API) petitioned RSPA to amend the filling limit regulations to account 
for lower air temperatures during the winter months. The basis for 
API's letter was its further review of safety and economic impacts of 
the final rule on its member companies. As stated in API's letter, 
``the industry calculates that the amount of product loaded will be 
reduced by 3.9 percent from the amount of product now loaded using the 
Winter Fill tables. In the case of uninsulated tank cars, there is a 
4.8 percent reduction. * * *'' As part of its petition, API referenced 
a Phillips Petroleum report, Maximum Calculated Liquid Temperatures for 
Tank Cars in Anhydrous Ammonia and LP Gas Service for 14 Summer and 23 
Winter Locations in the United States for the Years 1933 through 1957, 
that empirically calculated the maximum liquid temperature in a tank 
under extreme temperature conditions. This report concludes that for 
liquefied petroleum gas, the maximum temperature of the liquid in 
transit would reach 83 deg. F in an insulated tank car and 100.6 deg. F 
for a noninsulated tank

[[Page 33222]]

car in the winter months. The temperatures indicated in the Phillips 
Petroleum report are for the years 1933 through 1957.
    The Phillips Petroleum report confirms RSPA's earlier findings that 
the filling limit requirement did not take into account the maximum 
lading temperatures that might be encountered in transit; i.e, the 
temperature maximum for a noninsulated tank car loaded in the winter 
season was recorded at 100.6 deg. F, but the pre-HM-181 regulations 
assumed a temperature maximum of 32 deg. C (90 deg. F). The Phillips 
Petroleum report also indicates a number of data points within the 
range of 90 deg. F to 100 deg. F during the winter season. This data 
confirms that the pre-HM-181 filling limit for noninsulated tanks 
loaded in the winter months did not allow sufficient outage for gas 
expansion.
    In its letter, API petitioned for a reference temperature of 
80 deg. F for insulated tanks, 87 deg. F for certain thermally 
protected and jacketed tanks, and 90 deg. F for noninsulated tanks. If 
adopted, API stated that its proposed reference temperatures for the 
winter months would align the filling limit requirement for tank cars 
with the regulations in effect prior to Docket HM-181. The filling 
limit reference temperature used by API for thermally protected and 
jacketed tanks is based on RSPA's provisions adopted recently under 
Docket HM-216. In the Docket HM-216 final rule, RSPA authorized a new 
reference temperature for certain tank cars having a thermal protection 
material (see Secs. 173.24b and 173.314(c) Note 2) that reduces heat 
transfer into the tank. (See 61 FR 28665)
    The following Table I compares API's proposal and the post-HM-181 
fill limit requirement. The filling limit reference temperatures of 
46 deg. C (115 deg. F) and 41 deg. C (105 deg. F) in Sec. 173.24b are 
adjusted to 15.5 deg. C (60 deg. F) for liquefied petroleum gas to 
correspond to pre-HM-181 regulations and to aid in the comparison 
between the old and the new requirements.

           Table I.--API and Pre- and Post-HM-181 Requirements          
                        [Filling Limits for LPG]                        
------------------------------------------------------------------------
                                             Winter (adjusted to 60 deg.
                                                         F)             
               Type of tank                -----------------------------
                                             Pre HM-  Post HM-     API  
                                               181       181    Proposal
------------------------------------------------------------------------
Insulated.................................    0.9495    0.9108    0.9489
Thermally- protected, jacketed (See HM-                                 
 216).....................................  ........  ........    0.9440
Noninsulated..............................    0.9386    0.8915    0.9380
------------------------------------------------------------------------

    Note: The American Society for Testing Materials' Table-24 
provides an easy correction factor for the conversion of a liquid 
volume to 15.5 deg. C (60 deg. F). For liquefied petroleum gas at 
46 deg. C (115 deg. F), the correction factor is 0.904. Multiplying 
the post-HM-181 filling limit of 99.0% (0.990) by the ASTM 
correction factor of 0.904 yields an authorized filling limit of 
89.5% at 15.5 deg. C (60 deg. F), a close approximation to the pre-
HM-181 requirement.

    Although the Phillips Petroleum data supports RSPA's earlier 
findings, the data does suggest that a lower reference temperature than 
the post-HM-181 regulatory minimum may be acceptable during the winter 
months. Based on a review of API's application and the Phillips 
Petroleum report, RSPA is proposing an amendment to the HMR to 
recognize a winter filling reference temperature. However, to account 
for the maximum liquid temperature extremes expected in transit, RSPA 
is proposing winter reference temperatures of 29 deg. C (85 deg. F), 
32 deg. C (90 deg. F), and 38 deg. C (100 deg. F), compared to API's 
request of 84 deg. F, 87 deg. F, and 90 deg. F, for insulated, 
thermally-protected and jacketed, and noninsulated tanks respectively.
    RSPA is soliciting comments on whether the temperature extremes 
shown in the Phillips Petroleum report have changed since 1957 and, if 
so, whether the proposed changes in this NPRM would have an adverse 
impact on transportation safety. Commenters also are encouraged to 
supply transportation data to support or argue against the proposed 
reference temperatures in this NPRM. Such data may be used to increase 
or decrease the proposed reference temperatures.
    Table II shows RSPA's proposed filling limits, adjusted to 
15.5 deg. C (60 deg. F). RSPA's proposal would authorize a filling 
limit less than API's suggestion, but greater than the HM-181 final 
rule for noninsulated tanks loaded in the winter. For insulated and 
thermally-protected and jacketed tanks, the proposed filling limits 
would authorize a filling limit greater than the HM-181 final rule. 
RSPA believes that the proposed filling limits will ensure safety in 
transit while providing economic relief from the requirements adopted 
in the HM-181 final rule.

                     Table II.--Proposed Amendments                     
                        [Filling Limits for LPG]                        
------------------------------------------------------------------------
                                             Winter adjusted to 60 deg.F
                                           -----------------------------
               Type of tank                  Pre-HM-  Post-HM-    RSPA  
                                               181       181    proposal
------------------------------------------------------------------------
Insulated.................................    0.9495    0.9108    0.9484
Thermally-protected, jacketed (See HM-216)  ........  ........    0.9306
Noninsulated..............................    0.9386    0.8915    0.9010
------------------------------------------------------------------------

    In this NPRM, RSPA is proposing to amend the reference temperatures 
used to calculate the required outage for tank car tanks that are 
loaded during the winter (November through March). No changes are 
proposed to the reference temperatures used for other bulk packagings; 
i.e., cargo tanks and portable tanks. This decision is based on the 
Phillips Petroleum report, which considered only tank car tanks. No 
similar information has been submitted on temperature extremes for 
insulated and noninsulated cargo tanks or portable tanks. Commenters 
seeking corresponding changes for other bulk packagings and materials 
should provide RSPA with information and an analysis similar to the 
Phillips Petroleum report.

Part 178

    Section 178.245. RSPA is proposing to make several editorial 
changes for clarity and one significant change to allow DOT 
Specification 51 portable tanks to have openings at locations other 
than the top or one end of the tank under certain circumstances.
    Section 178.245-1. This section would be reorganized for clarity 
and revised to allow DOT Specification 51 portable tanks to have 
openings at locations other than the top or one end of the tank under 
certain circumstances. When originally developed, the DOT Specification 
51 portable tank was principally a skid mounted liquefied petroleum gas 
container. With the advent and acceptance of containerization as a 
means of shipping bulk quantities of compressed gases, RSPA has issued 
numerous exemptions which authorize the transportation in commerce of 
portable tanks which fully conform to the requirements of DOT 
Specification 51 except for the location of filling and discharge 
openings. These tanks generally must be enclosed in an ISO frame and 
fitted with bottom or side filling and discharge openings. Based upon 
the successful operating experience of these tanks under exemption, 
RSPA believes that the HMR

[[Page 33223]]

should be revised to authorize portable tanks with this type of loading 
and discharge configuration. Additionally, one petitioner [P-1108] 
requested that paragraph (b) be amended to permit openings on the sides 
or bottom of these portable tanks. The petitioner stated that 
authorizing side or bottom mounted valves and openings on DOT 
Specification 51 portable tanks is consistent with the IMDG Code and 
would improve the competitiveness of U.S. manufacturers of these tanks 
in the European market. The petitioner asserted that the side or bottom 
mounted valves would be protected to a degree equal or greater than top 
mounted valves. By adopting this proposed change, numerous exemptions 
will no longer be required.
    Section 178.245-4. RSPA is proposing to add a new paragraph (e) to 
require that a DOT 51 portable tank in an ISO framework for 
containerized transportation must meet the requirements specified in 49 
CFR Parts 450-453.
    Section 178.245-6. The first sentence of paragraph (a) would be 
revised to require the nameplate to be in close proximity to the ASME 
plate.
    Section 178.270-12. RSPA is proposing to amend paragraph (a) to 
assure that manufacturers, owners and approval agencies are aware of 
the requirements for the number and type of closures required for 
filling and discharge connections located below the normal liquid level 
of DOT Specification Intermodal (IM) portable tanks. In a review of the 
regulations concerning IM portable tanks, RSPA discovered a discrepancy 
in the regulations. While Sec. 173.32c(g) clearly informs shippers of 
the requirements for the number and type of closures required for 
filling and discharge connections located below the normal liquid level 
of the tank, there is no corresponding requirement in the design 
requirements for the manufacture of IM portable tanks.
    Section 178.601. Paragraph (g)(8) would be added, based on an 
approval issued to the Steel Shipping Container Institute, to list 
changes in one or more design elements which would constitute a 
different drum design type. If one or more of these changes is made to 
a carbon steel drum having a capacity greater than 50 liters, the drum 
manufacturer must perform design qualification testing and periodic 
retesting in accordance with Subpart M of Part 178.
    Section 178.705. Paragraph (c)(2) of this section specifies 
pressure relief devices for metal IBCs. RSPA received a petition [P-
1271] from a manufacturer of fusible vents stating that since fusible 
vents do not open at room temperature, start-to-discharge pressure 
requirements in Sec. 178.702(c)(2) appear to prohibit fusible venting. 
In response to this petition, RSPA is proposing to add a new sentence 
in paragraph (c)(2)(ii) to clarify that the specified start-to-
discharge pressure does not apply to fusible links unless these links 
are the sole source of pressure relief for the IBC. In addition, a 
correction would be made to the constant in the equivalence thickness 
formula for U.S. Standard Units in paragraph (c)(1)(iv)(B) to ensure 
that the resulting thickness is in inches.

III. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and 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 proposed 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. This certification may be revised as a result of 
public comment.

B. Executive Order 12612

    This proposed 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.
    If adopted as final, this rule would preempt 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 
requests comments on what the effective date of Federal preemption 
should be for the requirements in this proposed rule that concern 
covered subjects.

C. Regulatory Flexibility Act

    This proposed rule would respond to petitions for rulemaking. It is 
intended to provide clarification of the regulations and relax certain 
requirements. Therefore, I certify that this proposal will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This certification is subject to modification as a 
result of a review of comments received in response to this proposal.

D. Paperwork Reduction Act

    There are no new information collection requirements in this 
proposed rule.

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.

[[Page 33224]]

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 178

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

    In consideration of the foregoing, 49 CFR Chapter I is proposed to 
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for Part 171 would continue to read as 
follows:

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

    2. In the Sec. 171.7(a)(3) Table, a new entry would be 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. * * *

------------------------------------------------------------------------
                                                                49 CFR  
                Source and name of material                   reference 
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Health and Human Services:                                              
    Centers for Disease Control and Prevention, 1600                    
     Clifton Road N.E., Atlanta GA 30333, HHS Publication               
     No. (CDC) 93-8395, Biosafety in Microbiological and                
     Biomedical Laboratories, 3rd Edition, May 1993,                    
     Section II............................................      173.134
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

* * * * *


Sec. 171.14   [Amended]

    3. In Sec. 171.14, as amended at 61 FR 7959, effective October 1, 
1996, the following changes would be made:
    a. Paragraph (a) introductory text, paragraph (a)(1), and paragraph 
(b) would be removed.
    b. Paragraph (a)(2) heading would be removed, paragraph (a)(2)(i) 
heading and introductory text would be redesignated as paragraph (a) 
heading and introductory text, and paragraphs (a)(2)(i)(A) through 
(a)(2)(i)(D) would be redesignated as (a)(1) through (a)(4).
    c. Paragraphs (a)(2)(ii) and (a)(2)(iii) would be redesignated as 
paragraphs (b) and (c).

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

    4. The authority citation for Part 172 would continue to read as 
follows:

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

    5. In Sec. 172.101, a new paragraph (c)(10)(iii) would be added to 
read as follows:


Sec. 172.101   Purpose and use of hazardous materials table.

* * * * *
    (c) * * *
    (10) * * *
    (iii) A mixture or solution not identified in the Table by a 
specific description, comprised of two or more hazardous materials in 
the same hazard class, shall be described using an appropriate shipping 
description (e.g., ``Flammable liquid, n.o.s.''). Some mixtures may be 
more appropriately described according to their application, such as 
``Coating solution'' or ``Extracts, flavoring liquid'' rather than by 
an n.o.s. entry. Under the provisions of subparts C and D of this part, 
the technical names of at least two components most predominately 
contributing to the hazards of the mixture or solution may be required 
in association with the proper shipping name.
* * * * *


Sec. 172.101   [Amended]

    6. In addition, in Sec. 172.101, in paragraph (c)(12), the 
following changes would be made:
    a. In paragraph (c)(12)(ii), in the last sentence, the wording 
``technical name of the constituent'' would be revised to read 
``technical name of one or more constituents''.
    b. In paragraph (c)(12)(iii), in the first sentence, the wording 
``by a specific description,'' would be revised to read ``specifically 
by name (e.g., acetyl chloride),''.
    7. In Sec. 172.101, the Hazardous Materials Table, as amended at 61 
FR 18932, effective October 1, 1996, would be amended by adding in 
alphabetical order or revising the following entries to read as 
follows:


Sec. 172.101   Purpose and use of hazardous materials table.

* * * * *

                                                                            Sec.  172.101--Hazardous Materials Table                                                                            
                                                                                                                                                                                                
                                                                                                      (8)  Packaging authorizations (Sec.   (9)  Quantity  limitations     (10)  Vessel stowage 
                    Hazardous                                                                                     173.* * *)              ------------------------------       requirements     
                    materials       Hazard     Identification                 Label       Special   --------------------------------------                              ------------------------
   Symbols      descriptions and   class or       numbers           PG        codes     provisions                                           Passenger   Cargo aircraft                 Other   
                 proper shipping   division                                                           Exceptions    Nonbulk       Bulk      aircraft or       only         Vessel      stowage  
                      names                                                                                        packaging   packaging      railcar                     stowage    provisions 
(1)            (2)...............     (3)    (4)..............  (5)        (6).......  (7).........  (8A)........      (8B)   (8C).......  (9A)........  (9B)..........  (10A)      (10B)       
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
               [add:]                                                                                                                                                                           
D              Black powder for         4.1  NA0027...........  I          4.1.......  70..........  None........       170   None.......  Forbidden...  Forbidden.....  E          ............
                small arms.                                                                                                                                                                     
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
               [Revise:]                                                                                                                                                                        

[[Page 33225]]

                                                                                                                                                                                                
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
               Hydrogen cyanide,        6.1  UN3294...........  I          6.1, 3....  2, B9, B14,   None........       227   244........  Forbidden...  Forbidden.....  D          40          
                solution in                                                             B32, B74,                                                                                               
                alcohol with not                                                        T38, T43,                                                                                               
                more than 45                                                            T45.                                                                                                    
                percent hydrogen                                                                                                                                                                
                cyanide.                                                                                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
               Methanesulfonyl          6.1  UN3246...........  I          6.1, 8....  2, B9, B14,   None........       227   244........  Forbidden...  Forbidden.....  D          40          
                chloride.                                                               B32, B74,                                                                                               
                                                                                        T38, T43,                                                                                               
                                                                                        T45.                                                                                                    
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
+              Methyl vinyl             3    UN1251...........  II         3, 6.1....  1, B9, B14,   None........       226   244........  Forbidden...  Forbidden.....  D          20, 40, 95  
                ketone.                                                                 B30, B72,                                                                                               
                                                                                        T38, T43,                                                                                               
                                                                                        T44.                                                                                                    
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      




Sec. 172.101  [Amended]

    8. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
the following changes would be made:
    a. For the entry ``Benzyl chloride'', in column (7), Special 
Provision ``N43'' would be revised to read ``N42''.
    b-c. For the entry ``Chlorosilanes, corrosive, flammable, n.o.s.'', 
in Column (7), Special Provisions ``,T18,'' ``T26'' would be added 
following ``B100''.
    d. For the entry ``Chlorosilanes, corrosive, n.o.s.'', in Column 
(7), Special Provisions ``,T8,'' ``T26'' would be added following 
``B2''.
    e. For the entry, ``Chlorosilanes, water-reactive, flammable, 
corrosive, n.o.s.'', in Column (7), Special Provisions ``,T24,'' 
``T26'' would be added following ``A2''.
    f. For the entries ``Organic peroxide type F, liquid, temperature 
controlled'' and ``Organic peroxide type F, solid, temperature 
controlled'', in Column (8A), the reference ``225'' would be removed 
each place it appears and ``None'' added in each place, and in Column 
(8C), the reference ``None'' would be removed each place it appears and 
``225'' added in each place.
    g. For the entry ``Organic peroxide type F, solid'', in Column 
(8C), the reference ``None'' would be removed and ``225'' would be 
added in its place.
    h. For the entry ``Phosphorus pentafluoride'', in Column (7), the 
wording ``1'' would be removed and ``2, B9, B14'' would be added in its 
place; in Column (8B) ``302'' would be revised to read ``302, 304''; 
and in Column (8C), ``None'' would be revised to read ``314, 315''.
    i. For the entry ``Tungsten hexafluoride'', in Column (7), special 
provision ``3'' would be revised to read ``2''.
    j. For the entries ``Metal carbonyls, n.o.s., UN3281, PG I''; 
``Nitriles, toxic, flammable, n.o.s., UN3275, PG I''; ``Nitriles, 
toxic, n.o.s., UN3276, PG I''; ``Organoarsenic compound, n.o.s., 
UN3280, PG I''; ``Organophosphorus compound, toxic, flammable, n.o.s., 
UN3279, PG I''; and ``Organophosphorus compound, toxic, n.o.s., UN3278, 
PG I'', in Column (7), Special Provision ``5'' would be added.
    k. For each of the following entries, in Column (8A), the word 
``None'' would be removed and ``151'' added in its place:

Alkali metal amides
Alkaline earth metal alloys, n.o.s.
Aluminum carbide
Aluminum ferrosilicon powder (both entries)
Aluminum powder, uncoated (both entries)
Aluminum processing by-products (both entries)
Aluminum silicon powder, uncoated
Barium
Calcium
Calcium carbide, in Packing Group II
Calcium cyanamide with more than 0.1 percent of calcium carbide
Calcium manganese silicon
Calcium silicide (both entries)
Cerium, turnings or gritty powder
Ferrosilicon with 30 percent or more but less than 90 percent silicon
Lithium ferrosilicon
Lithium hydride, fused solid
Lithium silicon
Magnesium granules, coated particle size not less than 149 microns
Magnesium, powder or Magnesium alloys, powder, in Packing Groups II and 
III
Magnesium silicide
Maneb stabilized or Maneb preparations, stabilized against self-heating
Metal hydrides, water-reactive, n.o.s., in Packing Group II
Metallic substance, water-reactive, n.o.s., in Packing Groups II and 
III
Phosphorous pentasulfide, free from yellow or white phosphorous
Sodium aluminum hydride
Water-reactive solid, n.o.s., in Packing Groups II and III
Zinc ashes


[[Page 33226]]


    9. In Sec. 172.102, in paragraph (c)(1) Special Provision 70 would 
be added, in paragraph (c)(3) Special Provision B59 would be revised, 
and in paragraph (c)(5), Special Provision N42 would be added, to read 
as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
* * * * *
    70  Black powder that has been classed in accordance with the 
requirements of Sec. 173.56 of this subchapter may be reclassed and 
offered for domestic transportation as a Division 4.1 material if it 
is offered for transportation and transported in accordance with the 
limitations and packaging requirements of Sec. 173.170 of this 
subchapter.
* * * * *
    (3) * * *
* * * * *
    B59  Water-tight, sift-proof, closed-top, metal-covered hopper 
cars are also authorized provided that the lading is covered with a 
nitrogen blanket.
* * * * *
    (5) * * *
* * * * *
    N42  1A1 drums made of carbon steel with thickness of body and 
heads of not less than 0.050 inches and with a corrosion-resistant 
phenolic lining are authorized for stabilized benzyl chloride if 
tested and certified to the Packing Group I performance level at a 
specific gravity of not less than 1.8.
* * * * *
    10. In Sec. 172.302, paragraph (b) would be revised to read as 
follows:


Sec. 172.302  General marking requirements for bulk packagings.

* * * * *
    (b) Size of markings. Except as otherwise provided, markings 
required by this subpart on bulk packagings must--
    (1) Have a width of at least 6.0 mm (0.24 inch) and a height of at 
least 100 mm (3.9 inches) for rail cars;
    (2) Have a width of at least 4.0 mm (0.16 inch) and a height of at 
least 25 mm (one inch) for portable tanks with capacities of less than 
3,785 L (1,000 gallons) and intermediate bulk containers; and
    (3) Have a width of at least 6.0 mm (0.24 inch) and a height of at 
least 50 mm (2.0 inches) for cargo tanks and other bulk packagings.
* * * * *


Sec. 172.504  [Amended]

    11. In Sec. 172.504, paragraph (f)(8) would be removed and 
reserved.

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

    12. The authority citation for Part 173 would continue to read as 
follows:

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

    13. In Sec. 173.24a, the last sentence of paragraph (a)(3) and 
paragraph (b)(2) would be revised, to read as follows:


Sec. 173.24a  Additional general requirements for non-bulk packagings 
and packages.

    (a) * * *
    (3) * * * Cushioning material must not be capable of reacting 
dangerously with the contents of the inner packagings or having its 
protective properties significantly impaired in the event of leakage.
* * * * *
    (b) * * *
    (2) Except as otherwise provided in this section, a non-bulk 
packaging may not be filled with a hazardous material to a gross mass 
greater than the maximum gross mass marked on the packaging.
* * * * *


Sec. 173.24b  [Amended]

    14. In Sec. 173.24b, in the first sentence of paragraph (b), the 
wording ``stainless steel is steel'' would be revised to read ``the 
reference stainless steel is stainless steel''.
    15-16. In Sec. 173.28, paragraphs (b)(4) and (b)(7)(iv)(C) would be 
revised and a new sentence would be added in paragraph (c)(2) following 
the first sentence, to read as follows:


Sec. 173.28  Reuse, reconditioning and remanufacture of packagings.

* * * * *
    (b) * * *
    (4) Metal and plastic drums and jerricans used as single packagings 
or the outer packagings of composite packagings are authorized for 
reuse only when they are marked in a permanent manner (e.g., embossed) 
in millimeters with the nominal (for metal packagings) or minimum (for 
plastic packagings) thickness of the packaging material, as required by 
Sec. 178.503(a)(9) of this subchapter, and--
    (i) Except as provided in paragraph (b)(4)(ii) of this section, 
conform to the following minimum thickness criteria:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Minimum thickness of packaging material                                   
        Maximum capacity not over         --------------------------------------------------------------------------------------------------------------
                                                               Metal drum or jerrican                                 Plastic drum or jerrican          
--------------------------------------------------------------------------------------------------------------------------------------------------------
20 L.....................................  0.63 mm (0.025 inch)..........................................  1.1 mm (0.043 inch)                          
30 L.....................................  0.73 mm (0.029 inch)..........................................  1.1 mm (0.043 inch)                          
40 L.....................................  0.73 mm (0.029 inch)..........................................  1.8 mm (0.071 inch)                          
60 L.....................................  0.92 mm (0.036 inch)..........................................  1.8 mm (0.071 inch)                          
120 L....................................  0.92 mm (0.036 inch)..........................................  2.2 mm (0.087 inch)                          
220 L....................................  0.92 mm (0.036 inch) \1\......................................  2.2 mm (0.087 inch)                          
450 L....................................  1.77 mm (0.070 inch)..........................................  5.0 mm (0.197 inch)                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Metal drums or jerricans constructed with a minimum thickness of 0.82 mm body and 1.11 mm heads are authorized.                                     

    (ii) For stainless steel drums and jerricans, conform to a minimum 
wall thickness as determined by the following equivalence formula:
[GRAPHIC] [TIFF OMITTED] TP26JN96.000

[GRAPHIC] [TIFF OMITTED] TP26JN96.001

Where:

e1 = required equivalent wall thickness of the metal to be used 
(in mm or, for U.S. Standard units, use inches).
eo = required minimum wall thickness for the reference steel (in 
mm or, for U.S. Standard units, use inches).
Rm1 = guaranteed minimum tensile strength of the metal to be used 
(in N/mm2 or for U.S. Standard units, use pounds per square inch).
A1 = guaranteed minimum elongation (as a percentage) of the metal 
to be used on fracture under tensile stress (see paragraph (c)(1) of 
this section).
* * * * *
    (7) * * *
    (iv) * * *
    (C) another material or thickness when approved under the 
conditions established by the Associate

[[Page 33227]]

Administrator for Hazardous Materials Safety for reuse without 
retesting.
    (c) * * *
    (2) * * * For a UN 1H1 plastic drum, replacing a removable gasket 
or closure device with a replacement which provides equivalent 
performance does not constitute reconditioning. * * *
* * * * *


Sec. 173.28  [Amended]

    17. In addition, in Sec. 173.28, in the first sentence of paragraph 
(c)(2), the wording ``or a UN 1H1 plastic drum'' would be added 
immediately following the wording ``other than a metal drum''.
    18. In Sec. 173.32, in paragraph (d) a new sentence would be added 
at the end of the paragraph and in paragraph (e)(2)(i), the second 
sentence would be revised, to read as follows:


Sec. 173.32  Qualification, maintenance and use of portable tanks other 
than Specification IM portable tanks.

* * * * *
    (d) * * * A stainless steel portable tank internally lined with 
polyethylene, which was constructed on or before October 1, 1996, and 
complies with all requirements of Specification 57 except that it is 
equipped with a polypropylene discharge ball valve and polypropylene 
secondary discharge opening closure, may be marked as a Specification 
57 portable tank and used in accordance with the provisions of this 
section.
    (e) * * *
    (2) * * *
    (i) * * * Each Specification 57 tank must be leak tested by a 
minimum sustained air pressure of at least three pounds per square inch 
gage applied to the entire tank. * * *
* * * * *


Sec. 173.115  [Amended]

    19. In Sec. 173.115, in paragraph (b)(1), the wording ``(41 psia)'' 
would be revised to read ``(40.6 psia)''.
    20. In Sec. 173.120, paragraph (b)(1) would be amended by adding 
two sentences at the end of the paragraph to read as follows:


Sec. 173.120  Class 3--Definitions.

* * * * *
    (b) * * *
    (1) * * * A combustible liquid which does not sustain combustion is 
not subject to the requirements of this subchapter as a combustible 
liquid. A procedure for determining if a material sustains combustion 
when heated under test conditions and exposed to an external source of 
flame is provided in Appendix H of this part.
* * * * *


Sec. 173.121  [Amended]

    21. In Sec. 173.121, in the second sentence of paragraph (a), the 
wording ``or indicates that the packing group is to be determined on 
the basis of the grouping criteria for Class 3,'' would be removed.
    22. In Sec. 173.125, paragraph (a) would be revised to read as 
follows:


Sec. 173.125  Class 4--Assignment of packing group.

    (a) The packing group of a Class 4 material is assigned in Column 
(5) of the Sec. 172.101 Table. When the Sec. 172.101 Table provides 
more than one packing group for a hazardous material, the packing group 
shall be determined on the basis of test results following test methods 
given in appendix E of this part and by applying the appropriate 
criteria given in this section.
* * * * *
    23. In Sec. 173.127, the section heading would be revised, 
paragraph (b)(1) would be removed, paragraphs (b)(2) and (b)(3) would 
be redesignated as paragraphs (b)(1) and (b)(2), and the paragraph (b) 
heading and newly designated paragraph (b)(1) introductory text would 
be revised to read as follows:


Sec. 173.127  Class 5, Division 5.1--Definition and assignment of 
packing group.

* * * * *
    (b) Assignment of packing group. (1) The packing group of a 
Division 5.1 material shall be as assigned in Column (5) of the 
Sec. 172.101 Table. When the Sec. 172.101 Table provides more than one 
packing group for a hazardous material, the packing group shall be 
determined on the basis of test results following test methods given in 
appendix F of this part and by applying the following criteria:
* * * * *


Sec. 173.133  [Amended]

    24. In Sec. 173.133, in paragraph (a) introductory text, in the 
second sentence, the wording ``more than one packing group and hazard 
zone'' would be revised to read ``more than one packing group or hazard 
zone''.
    25. In Sec. 173.134, the introductory text of paragraph (b)(3)(ii) 
would be revised and a new paragraph (b)(4) would be added to read as 
follows:


Sec.  173.134  Class 6, Division 6.2--Definitions, exceptions and 
packing group assignments.

* * * * *
    (b) * * *
    (3) * * *
    (ii) For other than a waste culture or stock of an infectious 
substance, the specific packaging requirements of Sec. 173.197, if 
packaged in a rigid non-bulk packaging conforming to--
* * * * *
    (4) A waste culture or stock of infectious substances may be 
offered for transportation and transported as a regulated medical waste 
when the culture or stock--
    (i) Conforms to Biosafety Levels 1, 2 or 3, as defined in HHS 
Publication No. (CDC) 93-8395, Biosafety in Microbiological and 
Biomedical Laboratories. 3rd Edition, May 1993, Section II;
    (ii) Is packaged in accordance with requirements specified in 
Sec. 173.197; and
    (iii) Is transported by a private or contract carrier using a 
vehicle dedicated to the transportation of medical waste.
* * * * *
    26. In Sec. 173.151, the section heading would be revised and a new 
paragraph (d) would be added to read as follows:


Sec. 173.151  Exceptions for Class 4.

* * * * *
    (d) Limited quantities of Division 4.3 (dangerous when wet) 
material. Limited quantities of Division 4.3 (dangerous when wet) 
solids in Packing Groups II and III are excepted from labeling, unless 
offered for transportation or transported by aircraft, and the 
specification packaging requirements of this subchapter when packaged 
in combination packagings according to this paragraph. In addition, 
shipments of limited quantities are not subject to subpart F 
(Placarding) of part 172 of this subchapter. Each package must conform 
to the packaging requirements of subpart B of this part and may not 
exceed 30 kg (66 pounds) gross weight. The following combination 
packagings are authorized:
    (1) For Division 4.3 solids in Packing Group II, inner packagings 
not over 0.5 kg (1.1 pound) net capacity each, packed in strong outer 
packagings; and
    (2) For Division 4.3 solids in Packing Group III, inner packagings 
not over 1 kg (2.2 pounds) net capacity each, packed in strong outer 
packagings.
    27. In Sec. 173.156, paragraph (b) would be revised to read as 
follows.


Sec. 173.156  Exceptions for ORM materials.

* * * * *
    (b) ORM-D. Packagings for ORM-D materials are specified according 
to hazard class in Secs. 173.150 through 173.155 and in Sec. 173.306. 
In addition to other exceptions specified for ORM-D materials in this 
part:
    (1) Strong outer packagings as specified in this part, the marking 
requirements specified in Sec. 172.316 of this subchapter, and the 30 
kg (66

[[Page 33228]]

pound) gross weight limitation are not required for materials classed 
as ORM-D when unitized in cages, carts, boxes or similar overpacks and 
when offered for transportation, or transported, by rail or by a 
private or contract motor carrier or a common carrier vehicle under 
exclusive use for such service, to or from a manufacturer, a 
distribution center, or a retail outlet, or to a disposal facility.
    (2) The 30 kg (66 pound) gross weight limitation does not apply to 
materials classed as ORM-D when offered for transportation, or 
transported, by highway or rail between a manufacturer, a distribution 
center, and a retail outlet provided--
    (i) The combination packaging consists of inner containers 
conforming to the quantity limits for inner packagings specified in 
Secs. 173.150(b), 173.152(b), 173.154(b), 173.155(b) and 173.306(a) and 
(b), as appropriate;
    (ii) The inner containers are packed into corrugated fiberboard 
trays to prevent individual containers from moving freely inside the 
completed combination packaging;
    (iii) The trays are placed in a fiberboard box which is banded and 
secured to a wooden pallet by metal, fabric, or plastic straps, to form 
a single palletized unit;
    (iv) The package conforms to the general packaging requirements of 
subpart B of this part;
    (v) The maximum net quantity of hazardous material permitted on one 
palletized unit is 250 kg (550 pounds); and
    (vi) The package is properly marked in accordance with Sec. 172.316 
of this subchapter.
    28. In Sec. 173.158, paragraph (d) would be revised, and paragraph 
(f)(1) would be amended by adding a sentence at the end of the 
paragraph, to read as follows:


Sec. 173.158  Nitric acid.

* * * * *
    (d) Nitric acid of 90 percent or greater concentration, when 
offered for transportation or transported by rail, highway, or water 
may be packaged as follows:
    (1) In 4C1, 4C2, 4D or 4F wooden boxes with inner packagings 
consisting of glass bottles further individually overpacked in tightly 
closed metal packagings. Glass bottles must be of 2.5 L (0.66 gallon) 
or less capacity and cushioned with a non-reactive, absorbent material 
within the metal packagings.
    (2) In combination packagings with 1A2, 1B2, 1D, 1G, 1H2, 3H2 or 4G 
outer packagings with inner glass packagings of 2.5 L (0.66 gallons) or 
less capacity cushioned with a non-reactive, absorbent material and 
packed within a tightly closed intermediate packaging of metal or 
plastic.
* * * * *
    (f) * * *
    (1) * * * 6HH1 and 6HA1 composite packaging with plastic inner 
receptacles meeting the compatibility requirements Sec. 173.24(e) 
(e.g., PFA Teflon) are authorized.
* * * * *
    29. Section 173.170 would be added to read as follows:


Sec. 173.170  Black powder for small arms.

    Black powder for small arms that has been classed in Division 1.1 
may be reclassed as a Division 4.1 material, for domestic 
transportation by motor vehicle, rail freight, and cargo vessel only, 
subject to the following conditions:
    (a) The powder must be examined and approved for Division 1.1 
classification in accordance with Sec. 173.56 and 173.58;
    (b) The total quantity of black powder in one motor vehicle, rail 
car, or freight container may not exceed 45.4 kg (100 pounds) net mass, 
and no more than four freight containers may be on board one cargo 
vessel;
    (c) The black powder must be packed in inner metal or heavy wall 
conductive plastic receptacles not over 450 g (15.9 ounces) net 
capacity each, with no more than 25 cans in one outer UN 4G fiberboard 
box. The inner packagings must be arranged and protected so as to 
prevent simultaneous ignition of the contents;
    (d) Each completed package must be marked ``BLACK POWDER FOR SMALL 
ARMS'' and ``UN 1325''; and
    (e) Each package must bear the FLAMMABLE SOLID label.


Sec. 173.183  [Amended]

    30. In Sec. 173.183, in paragraphs (a) and (b), the wording ``, 
polypropylene canister,'' would be added immediately following the 
wording ``closed metal can'' each place it appears.
    31. In Sec. 173.225, in paragraph (a), a new sentence would be 
added as the penultimate sentence to read as follows:


Sec. 173.225  Packaging requirements and other provisions for organic 
peroxides.

    (a) * * * No used material, other than production residues or 
regrind from the same production process, may be used in plastic 
packagings. * * *
* * * * *
    32. In Sec. 173.306, paragraph (i)(1) would be removed, paragraphs 
(i)(2) through (i)(4) would be redesignated as paragraphs (i)(1) 
through (i)(3), respectively, and the introductory text in paragraph 
(i) would be revised to read as follows:


Sec. 173.306  Limited quantities of compressed gases.

* * * * *
    (i) An aerosol is flammable if a positive test result is obtained 
using any of the following test methods:
* * * * *
    33. In Sec. 173.314, as amended at 60 FR 49074, effective July 1, 
1996, and further amended at 61 FR 28676, effective October 1, 1996, in 
the paragraph (c) table, Note 2 would be revised and Notes 9 and 10 
would be added, to read as follows:


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

* * * * *
    (c) * * *
    Notes:
* * * * *
    2. The liquefied gas must be 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; and 
41 deg.C (105 deg.F) for an insulated tank having an insulation 
system incorporating a metal jacket that provides an overall thermal 
conductance at 15.5 deg.C (60 deg.F) of no more than 1.5333 
kilojoules per hour per square meter per degree Celsius (0.075 Btu 
per hour/per square foot/per degree F) temperature differential.
* * * * *
    9. For a liquefied petroleum gas, the liquefied gas must be 
loaded so that the outage is at least one 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; and 41 deg.C (105 deg.F) for an insulated tank having 
an insulation system incorporating a metal jacket that provides an 
overall thermal conductance at 15.5 deg.C (60 deg.F) of no more than 
1.5333 kilojoules per hour per square meter per degree Celsius 
(0.075 Btu per hour/per square foot/per degree F) temperature 
differential.
    10. For liquefied petroleum gas and anhydrous ammonia, during 
the months of November through March (winter), the following 
reference temperatures may be used: 38 deg.C (100 deg.F) for a 
noninsulated tank; 32 deg.C (90 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

[[Page 33229]]

per degree Celsius (0.5 Btu per hour/per square foot/per degree F) 
temperature differential; and 29 deg.C (85 deg.F) for an insulated 
tank having an insulation system incorporating a metal jacket and 
insulation that provides an overall thermal conductance at 
15.5 deg.C (60 deg.F) of no more than 1.5333 kilojoules per hour per 
square meter per degree Celsius (0.075 Btu per hour/per square foot/
per degree F) temperature differential. The winter reference 
temperatures may only be used for a tank car shipped directly to a 
consumer for unloading and not stored in transit. The offeror of the 
tank must inform each customer that the tank car was filled based on 
winter reference temperatures and must be unloaded as soon as 
possible after March in order to retain the specified outage and to 
prevent a release of hazardous material which might occur due to the 
tank car becoming liquid full at higher temperatures.
* * * * *


Sec. 173.314  [Amended]

    34. In addition, in Sec. 173.314, in the paragraph (c) table, as 
amended at 60 FR 49074, effective July 1, 1996, and further amended at 
61 FR 28676, effective October 1, 1996, the following changes would be 
made:
    a. For the entry ``Ammonia, anhydrous, or ammonia solutions > 50 
percent ammonia'', in Column 2, the wording ``Note 2'' would be removed 
and ``Notes 2, 10'' added in its place.
    b. For the entry ``Division 2.1 materials not specifically provided 
in this table'' in Column 2, the wording ``Note 3'' would be removed 
and the wording ``Notes 3, 9, 10'' added in its place.

Appendix H to Part 173 [Amended]

    35. In Appendix H to Part 173, the second sentence of paragraph 
5.(b) would be revised and in paragraph 5.(h), a sentence would be 
added at the end of the paragraph to read as follows:

Appendix H to Part 173--Method of Testing for Sustained 
Combustibility

* * * * *
    5. * * *
    (b) * * * For the appropriate test temperature, see paragraph 
5.(h) of this appendix. * * *
* * * * *
    (h) * * * In the case of a material which has a flash point 
above 60.5 deg.C (141 deg.F) and below 93 deg.C (200 deg.F), if 
sustained combustion interpreted in accordance with paragraph 6. of 
this appendix is not found at a test temperature of 5 deg.C 
(9 deg.F) above its flash point, repeat the complete procedure with 
new test portions, but at a test temperature of 20 deg.C (36 deg.F) 
above its flash point.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

    36. The authority citation for part 178 would continue to read as 
follows:

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

    37. Section 178.245-1 would be revised to read as follows:


Sec. 178.245-1   Requirements for design and construction.

    (a) Tanks must be seamless or welded steel construction or 
combination of both and have a water capacity in excess of 1,000 
pounds. Tanks must be designed, constructed, certified and stamped in 
accordance with the ASME Code.
    (b) Tanks must be postweld heat treated and radiographed as 
prescribed in the ASME Code except that each tank constructed in 
accordance with part UHT of the ASME Code must be postweld heat 
treated. Where postweld heat treatment is required, the tank must be 
treated as a unit after completion of all the welds in and/or to the 
shell and heads. The method must be as prescribed in the ASME Code. 
Welded attachments to pads may be made after postweld heat treatment is 
made. A tank used for anhydrous ammonia must be postweld heat treated. 
The postweld heat treatment must be as prescribed in the ASME Code, but 
in no event at less than 1050 deg.F tank metal temperature. 
Additionally, tanks constructed in accordance with part UHT of the ASME 
Code must conform to the following requirements:
    (1) Welding procedure and welder performance tests must be made 
annually in accordance with section IX of the ASME Code. In addition to 
the essential variables named therein the following must be considered 
to be essential variables: Number of passes, thickness of plate, heat 
input per pass, and manufacturer's identification of rod and flux. The 
number of passes, thickness of plate and heat input per pass may not 
vary more than 25 percent from the procedure qualification. Records of 
the qualification must be retained for at least 5 years by the tank 
manufacturer and made available to duly identified representatives of 
the Department of Transportation or the owner of the tank.
    (2) Impact tests must be made on a lot basis. A lot is defined as 
100 tons or less of the same heat and having a thickness variation no 
greater than plus or minus 25 percent. The minimum impact required for 
full-sized specimens shall be 20 foot-pounds (or 10 foot-pounds for 
half-sized specimens) at 0 deg.F Charpy V-Notch in both the 
longitudinal and transverse direction. If the lot test does not pass 
this requirement, individual plates may be accepted if they 
individually meet this impact requirement.
    (c) Except as provided in paragraph (d) of this section, all 
openings in the tank shall be grouped in one location, either at the 
top of the tank or at one end of the tank.
    (d) The following openings may be installed at locations other than 
on the top or end of the tank:
    (1) The openings for liquid level gauging devices, or for safety 
devices, may be installed separately at the other location or in the 
side of the shell;
    (2) One plugged opening of 2-inch National Pipe Thread or less 
provided for maintenance purposes may be located elsewhere;
    (3) An opening of 3-inch National Pipe Size or less may be provided 
at another location, when necessary, to facilitate installation of 
condensing coils; or
    (4) Filling and discharge connections may be installed below the 
normal liquid level of the tank if the tank design conforms to the 
following requirements:
    (i) The tank must be permanently mounted in a full framework for 
containerized transport. For each tank design, a prototype tank, must 
fulfill the requirements of parts 450 through 453 of this title for 
compliance with the requirements of Annex II of the International 
Convention for Safe Containers.
    (ii) Each filling and discharge connection must be equipped with an 
internal self-closing stop-valve capable of closing within 30 seconds 
of actuation. Each internal self-closing stop-valve must be protected 
by a shear section or sacrificial device located outboard of the valve. 
The shear section or sacrificial device must break at no more than 70 
percent of the load that would cause failure of the internal self-
closing stop-valve.
    (iii) Each internal self-closing stop-valve must be provided with 
remote means of automatic closure, both thermal and mechanical. The 
thermal means of automatic closure must actuate at a temperature of not 
over 250 deg.F.
    (e) Each uninsulated tank used for the transportation of compressed 
gas, as defined in Sec. 173.300 of this subchapter, must have an 
exterior surface finish that is significantly reflective, such as a 
light reflecting color if painted, or a bright reflective metal or 
other material if unpainted.
    38. In Sec. 178.245-4, a new paragraph (e) would be added to read 
as follows:

[[Page 33230]]

Sec. 178.245-4   Tank mountings.

* * * * *
    (e) A DOT 51 portable tank that meets the definition of 
``container'' in Sec. 450.3(a)(3) must meet the requirements of parts 
450 through 453 of this title, in addition to the requirements of this 
subchapter.


Sec. 178.245-6   [Amended]

    39. In Sec. 178.245-6, in the first sentence of paragraph (a), the 
wording ``on one of the heads of the tank'' would be revised to read 
``in close proximity to the ASME ``U'' stamp certification''.
    40. In Sec. 178.270-12, in paragraph (a), the first two sentences 
would be revised to read as follows:


Sec. 178.270-12   Valves, nozzles, piping, and gauging devices.

    (a) All tank nozzles, except those provided for filling and 
discharge connections below the normal liquid level of the tank, relief 
devices, thermometer wells, and inspection openings, must be fitted 
with manually operated stop valves located as near the shell as 
practicable either internal or external to the shell. Each filling and 
discharge connection located below the normal liquid level of the tank 
must be equipped with an internal discharge valve. * * *
* * * * *
    41. In Sec. 178.601, the word ``or'' would be removed at the end of 
paragraph (c)(4)(iv), the period at the end of (c)(4)(v) would be 
removed and ``; or'' added in its place and new paragraphs (c)(4)(vi) 
and (g)(8) would be added to read as follows:


Sec. 178.601   General requirements.

* * * * *
    (c) * * *
    (4) * * *
    (vi) For a steel drum, variations in design elements which do not 
constitute a different design type under the provisions of paragraph 
(g)(8) of this section.
* * * * *
    (g) * * *
    (8)(i) For a steel drum with a capacity greater than 50 liters 
manufactured from low carbon, cold-rolled sheet steel meeting ASTM 
designations A366/A366M or A568/A568M, a change in any one or more of 
the following design elements constitutes a different drum design type:
    (A) The packaging type and category of the original drum and the 
remanufactured drum, i.e., 1A1 or 1A2;
    (B) The style, (i.e., straight-sided or tapered);
    (C) The rated (marked) capacity and outside dimensions;
    (D) The physical state for which the packaging was originally 
approved (e.g., tested for solids or liquids);
    (E) The marked level of performance of the original drum (i.e., the 
highest packing group, hydrostatic test pressure, or specific gravity 
to which the packaging has been tested);
    (F) Type of side seam welding;
    (G) Steel thicknesses in the head, in the body and in the bottom, 
and type of steel, i.e., stainless or low-carbon;
    (H) End seam type, (e.g., triple or double seam);
    (I) The number of rolling hoops which equal or exceed the diameter 
over the chimes;
    (J) The location, type or size, and material of closures (other 
than the cover of UN 1A2 drums); and
    (K) For UN 1A2 drums:
    (1) Gasket material (e.g., plastic), or properties affecting the 
performance of the gasket;
    (2) Configuration or dimensions of the gasket;
    (3) Closure ring style including bolt size, (e.g., square or round 
back, 0.625'' bolt); and
    (4) Closure ring thickness.
    (ii) Variations in elements other than those listed in paragraph 
(g)(8)(i) of this section are considered minor and do not constitute a 
different drum design type, or ``different packaging'' as defined in 
paragraph (c) of this section for which design qualification testing 
and periodic retesting are required. Minor variations authorized 
without further testing include changes in the identity of the supplier 
of component material made to the same specifications, or the original 
manufacturer of a DOT specification or UN standard drum to be 
remanufactured.
* * * * *
    42. In Sec. 178.705, in paragraph (c)(2)(ii), a new second sentence 
would be added after the first sentence to read as follows.


Sec. 178.705   Standards for metal intermediate bulk containers.

* * * * *
    (c) * * *
    (2) * * *
    (ii) * * * This does not apply to fusible links unless such devices 
are the only source of pressure relief for the IBC. * * *
* * * * *


Sec. 178.705   [Amended]

    43. In addition, in Sec. 178.705, in paragraph (c)(1)(iv)(B), in 
the second formula, the Formula for U.S. Standard units, the number 
``544'' would be revised to read ``21.4''.

    Issued in Washington, DC on June 12, 1996 under authority 
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-15272 Filed 6-25-96; 8:45 am]
BILLING CODE 4910-60-P