[Federal Register Volume 61, Number 188 (Thursday, September 26, 1996)]
[Rules and Regulations]
[Pages 50616-50629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24398]



[[Page 50615]]


_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Part 171, et al.



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

  Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / 
Rules and Regulations  

[[Page 50616]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 178

[Docket No. HM-181H; Amdt Nos. 171-147, 172-150, 173-255, 178-117]
RIN 2137-AC66


Performance-Oriented Packaging Standards; Final Transitional 
Provisions

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

ACTION: Final rule.

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SUMMARY: RSPA is incorporating into the 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. These regulatory changes are intended 
to improve safety, reduce compliance costs for offerors and 
transporters of hazardous materials, make the regulations easier to 
use, and correct errors.

DATES: Effective date. The effective date of these amendments is 
January 1, 1997.
    Compliance date. Because the amendments adopted herein generally 
clarify and relax certain provisions scheduled to go into effect on 
October 1, 1996, RSPA is authorizing immediate voluntary compliance. 
However, persons voluntarily complying with these regulations should be 
aware that petitions for reconsideration may be received and, as a 
result of RSPA's evaluation of those petitions, the amendments adopted 
in this final rule could be subject to further revision.
    Incorporation by reference. The incorporation by reference of 
certain publications listed in these amendments has been approved by 
the Director of the Federal Register as of January 1, 1997.

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 (UN Recommendations). 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).
    RSPA published a notice of proposed rulemaking (NPRM) on June 26, 
1996, under Docket HM-181H [61 FR 33216] to address 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]. These issues were raised 
through petitions for rulemaking and agency initiative.
    RSPA proposed changes to numerous requirements with a compliance 
date of October 1, 1996. Although these changes focus primarily on 
provisions concerning hazard classification and the maintenance and use 
of performance packaging, RSPA also proposed 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 were proposed for 
conversion into regulations of general applicability, and an approval 
concerning design qualification and periodic testing was proposed for 
incorporation into the HMR.

II. Summary of Comments to the NPRM

    RSPA received nearly 40 comments in response to the proposed rule. 
The comments were submitted by chemical manufacturing companies, trade 
associations, packaging manufacturers, drum reconditioners, and various 
organizations representing the medical waste industry. Commenters were 
uniformly supportive of RSPA's efforts to address remaining issues 
associated with Docket HM-181 and other issues arising from the Docket 
HM-215A final rule. Certain issues proposed in the notice received 
little or no comment. Other issues, such as drum reuse provisions, 
display packs for ORM-D materials, an exception proposed for certain 
Division 6.2 waste materials, and winter filling limits for tank cars, 
were the focus of many of the comments. Several commenters requested 
amendments to the HMR other than those proposed as part of this 
initiative. Most of these suggestions are beyond the scope of the 
proposed changes in this rule and are under review.
    The Hazardous Materials Advisory Council (HMAC) expressed concern 
that the proposed rule frequently cited a petition for rulemaking [P-
1169] without proposing adoption or discussing other provisions 
identified by HMAC in their April 13, 1993 petition. HMAC also claimed 
that another petition [P-1232], addressing outage requirements for 
materials poisonous by inhalation, merited consideration because it 
appeared to be within the scope of the Docket HM-181H rulemaking.
    Petition P-1169 contained 25 separate issues that HMAC submitted to 
RSPA for consideration to amend the HMR. Of the 25 issues identified in 
that petition, RSPA has adopted a majority, including seven issues in 
this rulemaking. The few remaining issues will appear in upcoming 
proposed rulemaking actions (such as HM-215B) or are presently under 
review.
    Under Docket HM-181, RSPA adopted a five percent outage requirement 
for poisonous by inhalation hazard materials in bulk packagings. 
Chemical manufacturers and associations, such as HMAC, opposed this 
requirement, claiming that any safety benefit is offset by additional 
shipments and resultant costs. RSPA believes a change in outage 
requirements is beyond the scope of this rulemaking.

III. Summary of Regulatory Changes by Section

    Listed below is a section-by-section summary of changes and, as 
applicable, a discussion of comments received.

Part 171

    Section 171.7. The table of material incorporated by reference is 
amended by adding a new entry referencing a publication issued by the 
Department of Health and Human Services for defining biosafety levels 
and adding two new ASTM steel standards referenced in Sec. 178.601.
    Section 171.14. All transitional provisions reflecting a compliance 
date of October 1, 1996, or earlier are

[[Page 50617]]

removed. One commenter representing the agricultural chemical industry 
asked RSPA to establish a five-year delayed compliance date for 
products in DOT specification and non-specification packagings filled 
before October 1, 1996. The commenter described a lengthy process for 
agricultural chemicals moving through a distribution chain to end users 
and then frequent product returns several years after the original 
sale. According to the commenter, an additional five-year compliance 
period would provide sufficient time for the industry to eliminate any 
non- specification and DOT-specification packagings which would not 
otherwise be authorized after October 1, 1996.
    RSPA provided a five-year transition period from October 1, 1991 to 
October 1, 1996 for users of these packagings to deplete inventory and 
phase in UN performance packagings. RSPA believes this five-year 
transition period has afforded industry sufficient time to prepare for 
the October 1, 1996 compliance date. However, RSPA recognizes that an 
extensive distribution process that includes procedures for return of 
products to distributors warrants limited relief to allow the 
transportation of materials in previously authorized and filled 
packages to end users or for their return, repackaging, or disposal. 
From an overall transportation safety perspective, it is RSPA's view 
that it is safer to allow one final shipment of these previously 
authorized and filled packagings than to compel the transfer of 
materials, such as pesticides, into packagings required by the HMR as 
of October 1, 1996.
    Therefore, RSPA is adding a provision to authorize non-bulk 
packagings, other than cylinders, which were filled prior to October 1, 
1996 in conformance with regulations in effect on September 30, 1996, 
to be offered for transportation and transported domestically until 
October 1, 1999. RSPA believes a three-year delay in compliance affords 
sufficient time for these packagings to be eliminated from a 
distribution system. It is emphasized that this provision does not 
authorize the filling of packagings, only offering and transportation 
of packagings filled prior to October 1, 1996.
    In addition, three other transition provisions are retained for 
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. To 
clarify 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 proposed to replace the phrase ``identified 
* * * by a specific description'' with ``identified * * * specifically 
by name'' and include an example. All three commenters addressing this 
issue supported this proposed change, stating that it will clarify the 
procedure for selecting a proper shipping name.
    In addition, RSPA is adding as proposed a new paragraph 
(c)(10)(iii) which clarifies the process for selecting a proper 
shipping name for a mixture of two or more hazardous materials in the 
same hazard class. Currently, paragraph (c)(10)(i) contains a provision 
for selecting a proper shipping name for a mixture of a hazardous 
material and non-hazardous material, and paragraph (c)(12)(ii) 
prescribes the proper shipping name selection process for a material 
meeting more than one hazard class.
    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 is added as proposed. This revision is 
based on comparable provisions for smokeless powder, small arms 
cartridges and power device cartridges. In conjunction with this 
change, a new Special Provision 70 and new non-bulk packaging section 
Sec. 173.170 is 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 DOT Specification Intermodal (IM) portable 
tanks. Based on a petition for rulemaking requesting that RSPA 
authorize IM portable tanks for all chlorosilanes and that the use of 
IM portable tanks for these materials will not compromise safety and 
would be consistent with other specific authorizations, RSPA is 
adopting the proposal to authorize certain IM portable tanks for all 
chlorosilanes. RSPA is adding 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) are 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'' is removed for 
each entry to indicate that these temperature controlled organic 
peroxides are not eligible for packaging exceptions. One commenter 
noted that even though Sec. 173.225 is authorized in Column (8C) of the 
Hazardous Materials Table, this authorization alone will not allow bulk 
packaging for organic peroxide, type F, solid. A note in Column 8 of 
the Organic Peroxide Table, in conjunction with the technical name of 
the material, indicates whether the material is authorized to be 
packaged in a bulk packaging.
    More than 30 entries classed as Division 4.3 (dangerous when wet) 
solids in Packing Groups II and III are amended by revising Column (8A) 
to authorize Sec. 173.151 as a packaging exception section. One 
commenter asked RSPA to authorize a packaging exception section for 
three additional Division 4.3 materials that exhibit similar 
characteristics and do not pose an unreasonable risk in transportation. 
After reviewing these materials, RSPA agrees and is adding them to the 
list of entries that are authorized a packaging exception in 
Sec. 173.151.
    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 is 
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 imposes 
more stringent hazard communication and packaging requirements. The 
Docket HM-181H NPRM contains a more complete description of the data on 
which these revisions are based. The materials are listed as follows:
    a. Hydrogen cyanide, solution in alcohol (with not more than 45 
percent hydrogen cyanide) (UN3294). 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 
identifying hydrogen cyanide, solution in alcohol with not more than 45 
percent hydrogen cyanide as a Hazard Zone B inhalation hazard. A new 
special provision ``25'' is assigned to this entry to authorize a one-
year delay for compliance with new packaging requirements.
    b. Metal carbonyls, n.o.s. (UN3281). The acute toxicity of 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

[[Page 50618]]

Division 6.1, Packing Group I. Therefore, RSPA is adding special 
provision ``5'' to Column 7 of the entry for metal carbonyls, n.o.s. at 
the Packing Group I level.
    c. Methanesulfonyl chloride (UN3246). As proposed, RSPA is 
identifying methanesulfonyl chloride as a Hazard Zone B inhalation 
hazard. A new special provision ``25'' is assigned to this entry to 
authorize a one-year delay for compliance with new packaging 
requirements.
    d. Methyl vinyl ketone (UN1251). As proposed, RSPA is identifying 
methyl vinyl ketone as a Hazard Zone A inhalation hazard. Also, to be 
consistent with the UN Recommendations (Eighth revised edition), RSPA 
is adding the plus (+) symbol to Column 1 of the entry for methyl vinyl 
ketone. A new special provision ``25'' is assigned to this entry to 
authorize a one-year delay for compliance with new packaging 
requirements.
    e. Nitriles, toxic, flammable, n.o.s. (UN3275). This generic entry 
covers Division 6.1, Packing Groups 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 adding 
special provision ``5'' to Column 7 of the entry for nitriles, toxic, 
flammable, n.o.s. at the Packing Group I level.
    f. Nitriles, toxic, n.o.s. (UN3276). This generic entry covers 
Division 6.1, Packing Groups 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 adding 
special provision ``5'' to Column 7 of the entry for nitriles, toxic, 
n.o.s. at the Packing Group I level.
    g. Organoarsenic compound, n.o.s. (UN3280). This generic entry 
covers Division 6.1, Packing Groups 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 toxicity which places them in Division 6.1, Packing Group I. 
Therefore, RSPA is adding special provision ``5'' to Column 7 of the 
entry for organoarsenic compound, n.o.s. at the Packing Group I level.
    h. Organophosphorus compound, toxic, flammable, n.o.s. (UN3279). 
This generic entry covers Division 6.1, Packing Groups 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 adding special provision ``5'' to 
Column 7 of the entry for organophosphorus compound, toxic, flammable, 
n.o.s. at the Packing Group I level.
    i. Organophosphorus compound, toxic, n.o.s. (UN3278). This generic 
entry covers Division 6.1, Packing Groups 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 adding special provision ``5'' to Column 7 of this 
entry for organophosphorus compound, toxic, n.o.s. at the Packing Group 
I level.
    j. Phosphorus pentafluoride (UN2198). As proposed, RSPA is 
identifying phosphorus pentafluoride as a Hazard Zone B inhalation 
hazard.
    k. Tungsten hexafluoride (UN2196). As proposed, RSPA is identifying 
tungsten hexafluoride as a Hazard Zone B inhalation hazard.
    Section 172.102. As noted in the discussion on revisions for 
materials poisonous by inhalation, RSPA is authorizing a one-year delay 
for compliance with new packaging requirements by assigning a new 
special provision ``25'' to three commodities.
    Special Provision B59, which authorizes AAR 207A tank cars for 
phosphorus pentasulfide, is revised as proposed to reference the use of 
water-tight, sift-proof, closed-top, metal-covered hopper cars.
    A new special provision (N42) is added as proposed to authorize a 
UN 1A1 steel drum for stabilized benzyl chloride. One comment was 
received in response to this proposal and strongly supported the 
addition of N42, which allows use of phenolic-lined steel drums with a 
minimum thickness of 1.3 mm (0.050 inch) which have been tested and 
certified to a Packing Group I level at a specific gravity of 1.8. The 
commenter cited a history of shipping benzyl chloride in phenolic-lined 
17C and UN 1A1 steel drums since 1981 without incident and without 
failure of the phenolic lining.
    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 proposed a revision of paragraph 
(b)(2) to decrease to 4 mm (0.16 inch) the minimum width of markings 
required on portable tanks having a capacity less than 3,785 L (1,000 
gallons). RSPA also proposed reducing both the minimum height and width 
of markings required on IBCs to 25 mm (one inch). Commenters were 
uniformly supportive of both proposals, and they are adopted as 
proposed. RSPA is not adopting one commenter's recommendation to amend 
Appendix B to Subpart B of Part 107 to allow a marking height of one 
inch for certain small portable tanks authorized under an exemption.
    Section 172.504. RSPA is removing the second sentence of paragraph 
(f)(8) which allows a CLASS 9 placard to be substituted for a 
COMBUSTIBLE LIQUID placard for material meeting both Combustible liquid 
and Class 9 hazard classes. Several commenters agreed that this 
provision created potential confusion and misunderstanding between 
documentation and marking requirements describing a Combustible liquid 
and the application of CLASS 9 placards.

Part 173

    Section 173.24a. RSPA proposed to amend paragraph (a)(3) 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. A degradation of 
cushioning materials could significantly reduce the effectiveness of a 
packaging to a point that it would not conform with its marked 
performance standard

[[Page 50619]]

or meet general packaging requirements. This clarification is 
consistent with international air transport provisions contained in the 
International Civil Aviation Organization's (ICAO) Technical 
Instructions. Commenters supported this proposed revision; however, the 
Fibre Box Association expressed concern that the proposal might be 
interpreted to mean corrugated cushioning and corrugated packaging of 
liquids will not be allowed. The Fibre Box Association stated that the 
phrase ``having protective properties [significantly] impaired in event 
of leakage'' is too vague.
    The proposed change was not intended to preclude the use of 
fiberboard cushioning or packaging for liquids. Although there is no 
established criteria for evaluating degradation of cushioning material, 
RSPA agrees that the phrase ``significantly impaired'' should be 
revised. RSPA believes ``significantly weakened'' more accurately 
conveys the intent of this provision and is revising this phrase 
accordingly.
    Currently, paragraphs (b)(1) and (b)(2) provide filling limits for 
single and composite packagings, but no such limits are provided for 
combination packagings. As proposed, RSPA is revising paragraph (b)(2) 
of this section to prescribe filling limits for all non-bulk 
packagings, including combination packagings. This provision prohibits 
combination packagings from being filled with a hazardous material to a 
gross mass greater than the maximum gross mass marked on the packaging.
    Section 173.28. RSPA proposed adding a formula in paragraph (b)(4) 
for calculating an equivalent minimum thickness for stainless steel 
drums. This 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) opposed this proposed 
change and stated that this issue is too complex for adoption at this 
time. ACR believes that by reducing the minimum thickness of stainless 
steel to the equivalent strength of carbon steel, the rationale for 
waiving leakproofness testing for stronger steel is eliminated. ACR 
requested that, if this proposal is adopted, a drum manufacturer's use 
of this equivalence formula be communicated through a particular unique 
mark, thus advising persons responsible for reuse or reconditioning of 
this equivalence formula being used.
    RSPA is confident that the equivalence formula adopted in this 
final rule provides an equivalent level of safety and drum integrity. 
The language in the paragraph (b)(7) leakproofness testing waiver for 
stainless steel drums requires a thickness of one and one-half times 
the thickness prescribed for reuse, thus precluding use of any thinner 
drums.
    An adjustment to Footnote 1, which specifies a minimum thickness of 
0.82 mm body and 1.11 mm head and corresponds with ISO 3574, is adopted 
as proposed. Commenters supporting this proposed change included ACR, 
several chemical manufacturing companies, the Association of Waste 
Hazardous Materials Transporters, and a drum manufacturer. Two 
commenters, a different drum manufacturer and the Steel Shipping 
Container Institute (SSCI), opposed this proposal, stating that this 
request from ACR was driven by economic considerations, not safety. 
SSCI claimed that technology for determining minimum thicknesses is 
readily available. The drum manufacturer opposing this change stated 
that if the footnote adjustment was adopted as proposed, RSPA should 
provide a transition period for drum manufacturers to deplete their 
inventory of material rendered obsolete by this change.
    RSPA is making this adjustment to Footnote 1 to standardize minimum 
thickness requirements with breakpoints commonly recognized by 
international standards, not to provide any economic benefit to 
industry. RSPA also is revising Footnote 1 to authorize metal drums or 
jerricans constructed with a minimum thickness of 0.82 mm body and 1.09 
mm heads until December 31, 1996. After that date, drums must be 
constructed with heads meeting a minimum thickness of 1.11 mm. This 
delay will provide drum manufacturers additional time to deplete 
existing inventory and build an inventory of new material.
    Paragraph (b)(7)(iv)(C) is revised as proposed to clarify that 
there are established conditions which must be met before an approval 
is granted by the 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. In the NPRM, RSPA proposed a 
revision to this paragraph to clarify that repairing or replacing a 
bung or removable gasket in a plastic closed head (UN 1H1) drum is not 
considered reconditioning. Both SSCI and ACR opposed this proposed 
change, stating that replacing gaskets or closures on a plastic drum is 
plastic drum reconditioning. SSCI claimed that a change in the material 
of a drum is reconditioning or remanufacturing, and that changing 
location, type or size of gasket material or properties affecting the 
performance of the gasket is considered design type changes requiring 
complete design qualification testing. The SSCI also warned that this 
proposal downplays the significance of gaskets in minimizing leaks and 
will shift drum purchases from steel to plastic drums to save costs in 
reconditioning and leaktesting. In RSPA's view, simply ``replacing'' a 
bung or gasket in a plastic closed head drum is not reconditioning. In 
this final rule, RSPA is clarifying in paragraph (c)(2) that repair or 
replacement of a bung or a removable gasket in a plastic closed head 
(UN 1H1) drum with a bung or gasket that is of the same design and 
material as the original bung or gasket, and provides equivalent 
performance, is not considered reconditioning and does not subject the 
drum to reconditioning marking requirements or to leakproofness testing 
requirements if it is otherwise excepted from leakproofness testing.
    Section 173.32. As proposed, RSPA is reinstating pressure testing 
requirements for DOT 57 portable tanks in paragraph (e)(2)(i). RSPA 
also is amending 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 eliminates the 
need for an existing exemption, DOT-E-10916, and permits continued use 
of thousands of portable tanks with a proven safety record. Two 
comments were received in response to the proposal, both supporting 
revisions to this section.
    RSPA is adding a new paragraph (t) which allows the remarking of 
certain portable tanks currently authorized under DOT exemptions as DOT 
51 portable tanks. These portable tanks were in full conformance with 
the requirements for DOT 51 portable tanks, including the ASME Code 
``U'' stamp, except for the location of fill and discharge outlets.
    The changes adopted in this final rule relating to the location of 
outlets on DOT 51 portable tanks will allow for the elimination of 
numerous exemptions based on the design and excellent safety record of 
these portable tanks. RSPA believes that as a minimum, the following 
exemptions will be affected:

DOT-E 6518
DOT-E 8196
DOT-E 9401
DOT-E 9402

[[Page 50620]]

DOT-E 9632
DOT-E 9718
DOT-E 10032
DOT-E 10171
DOT-E 10193
DOT-E 10291
DOT-E 10567
DOT-E 11239
DOT-E 11275
DOT-E 11313
DOT-E 11331
DOT-E 11539
DOT-E 11589
DOT-E 11604
DOT-E 11658
DOT-E 11661

    Persons holding other exemptions which they believe are impacted by 
changes adopted by this final rule should contact RSPA.
    Section 173.115. Paragraph (b)(1) is revised as proposed to reflect 
the correct conversion of 280 kPa to read ``280 kPa (40.6 psia)'' for 
informational purposes.
    Section 173.120 and Appendix H to Part 173. Based on requests from 
industry and comments supporting this proposed revision, RSPA is adding 
a new paragraph (b)(3) to specify a procedure for testing 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 
to Part 173 is revised to provide additional test temperatures in 
paragraph 5.(h) for combustible liquids that closely parallel the 
approach for flammable liquids.
    Sections 173.121, 173.125, and 173.127. As proposed, RSPA is 
adopting a clarification of 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. RSPA is revising as proposed the wording ``more 
than one packing group and hazard zone'' in paragraph (b)(1) to read 
``more than one packing group or hazard zone''. One commenter expressed 
support for the proposed change, stating that it will clarify the 
determination of applicable packing groups.
    Section 173.134. Paragraph (a)(4) limits the definition of 
regulated medical waste to exclude discarded cultures and stocks of 
infectious substances. In this final rule, paragraph (b) is revised as 
proposed 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 must conform to Packing Group II 
performance requirements. Transport of these materials is limited to 
private or contract motor freight carriers in dedicated service to the 
transportation of medical waste. Commenters uniformly supported this 
proposed change. One commenter referenced a recent Center for Disease 
Control proposed list of infectious substances capable of causing 
substantial harm to human health. This commenter believed all discarded 
cultures and stocks of infectious substances not on this proposed list 
should be eligible for regulation as regulated medical waste. Another 
commenter believed RSPA should provide even more relief for these 
materials by allowing them to be packaged in OSHA-authorized containers 
conforming to DOT's general packaging standards, and also should allow 
private carriers transporting these types of cultures and stocks to 
backhaul non-food products if trailers are properly disinfected. It is 
RSPA's view that these suggested changes are beyond the scope of this 
rulemaking.
    Section 173.151. A new paragraph (d) is added as proposed to 
incorporate limited quantity provisions for Division 4.3 (dangerous 
when wet) solid materials in Packing Groups II and III. This amendment 
aligns the HMR with limited quantity exceptions contained in the UN 
Recommendations.
    Section 173.156. Paragraph (b)(2) is revised as proposed to remove 
the 30 kg (66 pounds) weight restriction for ORM-D materials packaged 
in ``display packs'' which are offered for transportation, or 
transported, by highway or rail between a manufacturer, a distribution 
center, and a retail outlet. These display packs are 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. All commenters 
addressing this issue supported the proposal; however, several 
commenters requested that the net weight of each display pack be raised 
from 250 kg (550 pounds) to 525 kg (1155 pounds) to reflect the weight 
limit authorized in an exemption recently granted for this type of 
packaging. RSPA believes that display packs should be limited to 250 kg 
(550 pounds) net weight until satisfactory experience is gained under 
the exemption at the higher weight.
    RSPA proposed an exception for transportation of ORM-D materials to 
disposal facilities in paragraph (b)(1) 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). RSPA received comments 
supporting this proposal from The Conference on the Safe Transportation 
of Hazardous Articles (petitioner for this change) and the National 
Wholesale Druggists' Association. The Association of Waste Hazardous 
Materials Transporters opposed the proposal, stating it has the 
potential for abuse. This commenter believed the proposal was not in 
the public interest and will create confusion about the regulatory 
status of discarded material, which may be subject to regulation as 
either a solid waste or hazardous waste.
    RSPA does not agree. However, based on further review of this 
proposal, RSPA is revising the proposed provision to require that the 
transportation of discarded consumer commodities to a disposal facility 
must be from a single point of origin. RSPA believes that limiting the 
consolidation of discarded consumer commodities in one shipping unit 
from one offeror establishes an appropriate condition for such 
transportation, taking into account other requirements such as 
Secs. 173.24 and 173.24a.
    Section 173.158. Paragraph (d) is revised as proposed 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 is authorized.
    In addition, RSPA is revising paragraph (f)(1) as proposed to 
authorize 6HH1 and 6HA1 composite packagings with PFA Teflon inner 
receptacles 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 173.170. RSPA is adding a new non-bulk packaging section 
for black powder for small arms when transported domestically and 
reclassed as Division 4.1. For consistency with comparable provisions 
for smokeless powder for small arms, RSPA is revising approval 
procedures as proposed in the NPRM by requiring that black powder must 
be examined and approved for Division 4.1 classification and the

[[Page 50621]]

complete package must be of the same type as that approved under 
Sec. 173.56.
    Section 173.183. As proposed, RSPA is adding a packaging 
authorization to allow the use of polypropylene inner packagings for 
nitrocellulose base film.
    Section 173.225. Paragraph (a) is amended as proposed to specify 
that inner plastic packagings of a combination packaging used for 
transporting organic peroxides must be constructed of new resin. The 
one commenter responding to this proposal, the Organic Peroxide 
Producers Safety Division of the Society of the Plastics Industry, 
petitioned for the change. RSPA agrees with the commenter that most 
regulated organic peroxides are too sensitive to contamination to be 
stored in packages manufactured from ``resin of unknown history.''
    Section 173.306. Paragraph (i)(1) is removed as proposed and 
paragraphs (i)(2) through (i)(4) are redesignated accordingly as 
paragraphs (i)(1) through (i)(3). In addition, RSPA is revising 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. RSPA is adopting a seasonal filling limit for tank 
cars containing anhydrous ammonia and liquefied petroleum gas based on 
winter filling reference temperatures of 29 deg.C (85 deg.F), 32 deg.C 
(90 deg.F), and 38 deg.C (100 deg.F), for insulated tanks, thermally-
protected and jacketed tanks, and noninsulated tanks, respectively. 
These filling limits would authorize a winter filling limit greater 
than that authorized in the HM-181 final rule. RSPA believes that these 
filling limits will ensure safety in transit while providing economic 
relief from the requirements adopted in the HM-181 final rule. 
Commenters uniformly supported this proposed change. The National 
Industrial Transportation League stated this change strikes an 
appropriate balance between safety and efficiency by avoiding the 
necessity for increasing the number of tank car shipments (and 
corresponding risk of spills) in winter months to achieve the same 
overall volume. The National Propane Gas Association also supported 
this proposal for tank cars and indicated its intent to submit a 
proposal to RSPA later this year for adoption of seasonal filling 
limits for cargo tanks.

Part 178

    Sections 178.245 and 178.245-1. RSPA is making 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. 
Commenters supported the proposal to allow bottom outlets on tank 
containers, citing safety and economic benefits.
    Section 178.245-4. As proposed, RSPA is adding 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) is amended 
as proposed to require the nameplate to be in close proximity to the 
ASME plate.
    Section 178.270-12. RSPA is amending paragraph (a) as proposed to 
notify manufacturers, owners and approval agencies of the requirements 
for the number and type of closures required for filling and discharge 
connections located below the normal liquid level of IM portable tanks.
    Section 178.601. Paragraph (g)(8) is added to list changes in one 
or more design elements which would constitute a different drum design 
type. Commenters supported the addition of this paragraph, but 
recommended revisions to be consistent with an approval issued to SSCI. 
RSPA agrees and is revising these provisions accordingly.
    Section 178.705. As proposed, a correction is 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.
    Paragraph (c)(2) of this section specifies pressure relief devices 
for metal IBCs. RSPA proposed adding a new sentence in paragraph 
(c)(2)(ii) to clarify that the specified start-to-discharge pressure 
requirements do not apply to fusible links unless these links are the 
sole source of pressure relief for the IBC. RSPA's proposal did not 
change any existing UN requirements, but simply clarified that the 
start-to discharge pressure requirements in 178.705(c)(2)(ii) did not 
apply to fusible devices if such devices are used in addition to other 
venting devices. If fusible devices are the sole means for providing 
venting relief capacity, an IBC marked ``31A'' must not exceed 65 kPa 
(9 psig) at the fusible device operating temperature.
    Several commenters requested that RSPA not adopt this amendment as 
proposed. It appears commenters are requesting an exception from start-
to-discharge pressure requirements when fusible devices are the sole 
means of pressure relief capacity. This exception would not be 
consistent with pressure relief requirements for IBCs in the UN 
Recommendations. The UN Recommendations specify pressure relief 
capabilities for an IBC regardless of the type of pressure relief 
device utilized. To maintain international consistency, such an 
exception should first be proposed and adopted in the UN 
Recommendations.
    RSPA is adopting this amendment in paragraph (c)(2)(ii) essentially 
as proposed, but is replacing the phrase ``fusible links'' with 
``fusible devices'' to more accurately describe these devices. This 
revision is based on a comment by the Rigid Intermediate Bulk Container 
Association.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and therefore, was not 
reviewed by the Office of Management and Budget. The rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation [44 FR 11034].
    The economic impact of this final rule is expected to result in 
only minimal costs to certain persons subject to the HMR and may result 
in modest cost savings to a small number of persons subject to the HMR 
and to the agency. Because of the minimal economic impact of this rule, 
preparation of a regulatory impact analysis or a regulatory evaluation 
is not warranted.

B. Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). 
Federal law expressly preempts State, local, and Indian tribe 
requirements applicable to the transportation of hazardous material 
that cover certain subjects and are not substantively the same as 
Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
pertaining to hazardous material, and requirements respecting the 
number, content, and placement of such documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacturing, fabrication, marking, maintenance,

[[Page 50622]]

reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous material.
    This final rule preempts State, local, or Indian tribe requirements 
concerning these subjects unless the non-Federal requirements are 
``substantively the same'' (see 49 CFR 107.202(d) as the Federal 
requirements.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects, DOT must determine 
and publish in the Federal Register the effective date of Federal 
preemption. The effective date may not be earlier than the 90th day 
following the date of issuance of the final rule and not later than two 
years after the date of issuance. RSPA has determined that the 
effective date of Federal preemption for these requirements will be 
January 1, 1997. Thus, RSPA lacks discretion in this area, and 
preparation of a federalism assessment is not warranted.

C. Regulatory Flexibility Act

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

D. Paperwork Reduction Act

    There are no new information collection requirements in this final 
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.

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 amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

    2. In the Sec. 171.7(a)(3) Table, three new entries are added in 
alphabetical order to read as follows:


Sec. 171.7  Reference material.

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

------------------------------------------------------------------------
                                                                49 CFR  
                Source and name of material                   reference 
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
         American Society for Testing and Materials                     
                                                                        
*                  *                  *                  *              
         *                  *                  *                        
    ASTM A 366/A 366M-91 (1993)e1 Standard Specification                
     for Steel, Sheet, Carbon, Cold-Rolled, Commercial                  
     Quality...............................................      178.601
*                  *                  *                  *              
         *                  *                  *                        
    ASTM A 568/A 568M-95 Standard Specification for Steel,              
     Sheet, Carbon, and High-Strength, Low-Alloy, Hot-                  
     Rolled and Cold-Rolled, General Requirements for......      178.601
*                  *                  *                  *              
         *                  *                  *                        
                                                                        
                 Health and Human Services                              
    Centers for Disease Control and Prevention, 1600                    
     Clifton Road N.E., Atlanta GA 30333...................             
    Also available from: Superintendent of Documents,                   
     Government Printing Office (GPO), HHS Publication No.              
     (CDC) 93-8395, Biosafety in Microbiological and                    
     Biomedical Laboratories, 3rd Edition, May 1993,                    
     Section II............................................      173.134
*                  *                  *                  *              
         *                  *                  *                        
------------------------------------------------------------------------

* * * * *
    3. In Sec. 171.14, as amended at 61 FR 7959, effective October 1, 
1996, paragraph (a) introductory text through paragraph (a)(2)(i) and 
paragraph (b) are removed, paragraphs (a)(2)(ii) and (a)(2)(iii) are 
redesignated as paragraphs (b) and (c) and a new paragraph (a) is added 
to read as follows:


Sec. 171.14  Transitional provisions for implementing requirements 
based on the UN Recommendations.

* * * * *
    (a) Previously filled packages--(1) Packages filled prior to 
October 1, 1991. Notwithstanding the marking and labeling provisions of 
subparts D and E, respectively, of part 172, and the packaging 
provisions of part 173 and subpart B of Part 172 of this subchapter, a 
package may be offered for transportation and transported prior to 
October 1, 2001, if it--
    (i) Conforms to the old requirements of this subchapter in effect 
on September 30, 1991;
    (ii) Was filled with a hazardous material prior to October 1, 1991;
    (iii) Is marked ``Inhalation Hazard'' if appropriate, in accordance 
with Sec. 172.313 of this subchapter or Special Provision 13, as 
assigned in the Sec. 172.101 Table; and

[[Page 50623]]

    (iv) Is not emptied and refilled on or after October 1, 1991.
    (2) Non-bulk packages filled prior to October 1, 1996. 
Notwithstanding the packaging provisions of subpart B of Part 172 and 
the packaging provisions of part 173 of this subchapter with respect to 
UN standard packagings, a non-bulk package other than a cylinder may be 
offered for transportation and transported domestically prior to 
October 1, 1999, if it--
    (i) Conforms to the requirements of this subchapter in effect on 
September 30, 1996;
    (ii) Was filled with a hazardous material prior to October 1, 1996; 
and
    (iii) Is not emptied and refilled on or after October 1, 1996.
* * * * *

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

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

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

    5. In Sec. 172.101, a new paragraph (c)(10)(iii) is 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 are made:
    a. In paragraph (c)(12)(ii), in the last sentence, the wording 
``technical name of the constituent'' is 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,'' is 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 and 61 FR 27172 effective October 1, 1996, is 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                                                                            
                                                                                                                                                                                                
                 Hazardous                                                                              (8)  Packaging (Sec.  173.***)      (9)  Quantity  limitations      (10) Vessel  stowage
                 materials       Hazard                                                              -------------------------------------------------------------------------------------------
  Symbols    descriptions and   class or    Identification      PG     Label codes       Special                                                                                                
              proper shipping   Division         Nos.                                  provisions     Exceptions   Non-bulk     Bulk        Passenger      Cargo aircraft   location     Other  
                   names                                                                                                                  aircraft/rail         only                            
(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:]                                                                                                                                                                          
             Hydrogen                6.1   UN3294                   I  6.1, 3.....  2,25,B9,          None......        227  244.......  Forbidden......  Forbidden......          D          40
              cyanide,                                                               B14,B32, B74,                                                                                              
              solution in                                                            T38, T43,T45.                                                                                              
              alcohol with                                                                                                                                                                      
              not more than                                                                                                                                                                     
              45 percent                                                                                                                                                                        
              hydrogen                                                                                                                                                                          
              cyanide.                                                                                                                                                                          
                                                                                                                                                                                                
                                                                                                                                                                                                
                           *                   *                   *                   *                   *                   *                   *                                            
             Methanesulfonyl         6.1   UN3246                   I  6.1, 8.....  2,25, B9,         None......        227  244.......  Forbidden......  Forbidden......          D          40
              chloride.                                                              B14,B32, B74,                                                                                              
                                                                                     T38, T43, T45.                                                                                             
                           *                   *                   *                   *                   *                   *                   *                                            
+            Methyl vinyl              3   UN1251                  II  3, 6.1.....  1,25,B9,          None......        226  244.......  Forbidden......  Forbidden......          B          40
              ketone.                                                                B14,B30,                                                                                                   
                                                                                     B72,T38, T43,                                                                                              
                                                                                     T44.                                                                                                       
                           *                   *                   *                   *                   *                   *                   *                                            

Sec. 172.101  [Amended]

    8. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
the following changes are made:
    a. For the entry ``Benzyl chloride'', in column (7), Special 
Provision ``N43'' is revised to read ``N42''.
    b. For the entry ``Chlorosilanes, corrosive, flammable, n.o.s.'', 
in Column (7), Special Provisions ``,T18, T26'' are added following 
``B100''.
    c. For the entry ``Chlorosilanes, corrosive, nos.'', in Column (7), 
Special Provisions, ``T8, T26'' are added following ``B2''.
    d. For the entry, ``Chlorosilanes, water-reactive, flammable, 
corrosive, n.o.s.'', in Column (7), Special Provisions ``,T24, T26'' 
are added following ``A2''.
    e. For the entries ``Organic peroxide type F, liquid, temperature 
controlled'' and ``Organic peroxide type F, solid, temperature 
controlled'', in Column (8A), the reference ``225'' is removed each 
place it appears and ``None'' added in each place, and in Column (8C), 
the

[[Page 50624]]

reference ``None'' is removed each place it appears and ``225'' added 
in each place.
    f. For the entry ``Organic peroxide type F, solid'', in Column 
(8C), the reference ``None'' is removed and ``225'' is added in its 
place.
    g. For the entry ``Phosphorus pentafluoride'', in Column (7), the 
wording ``1'' is removed and ``2, B9, B14'' is added in its place; in 
Column (8B) ``302'' is revised to read ``302, 304''; and in Column 
(8C), ``None'' is revised to read ``314, 315''.
    h. For the entry ``Tungsten hexafluoride'', in Column (7), special 
provision ``3'' is revised to read ``2''.
    i. 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'' is added.
    j. For each of the following entries, in Column (8A), the word 
``None'' is 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 PG 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
Magnesium silicide
Maneb stabilized or Maneb preparations, stabilized against self-heating
Metal hydrides, water-reactive, n.o.s., in PG II
Metallic substance, water-reactive, n.o.s., in PG II and III
Phosphorous pentasulfide, free from yellow or white phosphorous
Sodium aluminum hydride
Water-reactive solid, corrosive, n.o.s., in PG II and III
Water-reactive solid, flammable, n.o.s., in PG II and III
Water-reactive solid, n.o.s., in PG II and III
Water-reactive solid, toxic, n.o.s., in PG II and III
Zinc ashes

    9. In Sec. 172.102, in paragraph (c)(1) Special Provisions 25 and 
70 are added, in paragraph (c)(3) Special Provision B59 is revised, and 
in paragraph (c)(5), Special Provision N42 is added, to read as 
follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
* * * * *
    25  Until October 1, 1997, this material may be transported or 
offered for transportation in a packaging authorized under the 
regulations in effect on September 30, 1996.
* * * * *
    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 1.3 mm (0.050 inch) 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) is 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, the last sentence of paragraph (f)(8) is 
removed.

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

    12. The authority citation for Part 173 continues 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) are 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 weakened 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 in paragraph (b), the 
wording ``stainless steel is steel'' is revised to read ``the reference 
stainless steel is stainless steel''.
    15. In Sec. 173.28, paragraphs (b)(4) and (b)(7)(iv)(C) are revised 
and a new sentence is 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)

[[Page 50625]]

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                                        Plastic drum or    
                        Metal drum or jerrican           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 1.09 mm heads are authorized until December 31, 1996.
  After that date, metal drums or jerricans constructed with a minimum  
  thickness of 0.82 mm body and 1.11 heads are authorized.              

    (ii) For stainless steel drums and jerricans, conform to a minimum 
wall thickness as determined by the following equivalence formula:

Formula for Metric Units
[GRAPHIC] [TIFF OMITTED] TR26SE96.023

Formula for U.S. Standard Units
[GRAPHIC] [TIFF OMITTED] TR26SE96.024

where:
e1=required equivalent wall thickness of the metal to be used (in 
mm or, for U.S. Standard units, use inches).
e0=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 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 of the same design and material 
which provides equivalent performance does not constitute 
reconditioning. * * *
* * * * *


Sec. 173.28  [Amended]

    16. In addition, in Sec. 173.28, in the first sentence of paragraph 
(c)(2), the wording ``or a UN 1H1 plastic drum'' is added immediately 
following the wording ``other than a metal drum''.
    17. In Sec. 173.32, in paragraph (d) a new third sentence is added 
at the end of the paragraph, in paragraph (e)(2)(i), the second 
sentence is revised, and a new paragraph (t) is added, 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. * * *
* * * * *
    (t) Exemption portable tanks based on DOT 51 portable tanks. (1) 
The owner of a portable tank constructed in accordance with and used 
under an exemption issued prior to August 31, 1996, that was in 
conformance with the requirements for Specification DOT 51 portable 
tanks with the exception of the location of fill and discharge outlets, 
shall examine the portable tank and its design to determine if it meets 
the new outlet requirements contained in Sec. 178.245-1(d) of this 
subchapter. If the owner determines that the portable tank is in 
compliance with all the requirements of Sec. 178.245 of this 
subchapter, the exemption number stenciled on the portable tank shall 
be removed and the specification plate (or a plate placed adjacent to 
the specification plate) shall be durably marked ``DOT 51--E*****'' 
(where ***** is to be replaced by the exemption number).
    (2) During the period the portable tank is in service, and for one 
year thereafter, the owner of the portable tank must retain on file at 
its principal place of business a copy of the last exemption in effect.


Sec. 173.115  [Amended]

    18. In Sec. 173.115, in paragraph (b)(1), the wording ``(41 psia)'' 
is revised to read ``(40.6 psia)''.
    19. In Sec. 173.120, a new paragraph (b)(3) is added to read as 
follows:


Sec. 173.120  Class 3--Definitions.

* * * * *
    (b) * * *
    (3) 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]

    20. 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,'' is removed.
    21. In Sec. 173.125, paragraph (a) is 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.
* * * * *
    22. In Sec. 173.127, the section heading is revised, paragraph 
(b)(1) is removed, paragraphs (b)(2) and (b)(3) are redesignated as 
paragraphs (b)(1) and (b)(2), and the paragraph (b) heading and the 
newly designated paragraph (b)(1) introductory text are revised to read 
as follows:


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

* * * * *
    (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,

[[Page 50626]]

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]

    23. In Sec. 173.133, in paragraph (a) introductory text, in the 
second sentence, the wording ``more than one packing group and hazard 
zone'' is revised to read ``more than one packing group or hazard 
zone''.
    24. In Sec. 173.134, the introductory text of paragraph (b)(3)(ii) 
is revised and a new paragraph (b)(4) is 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 Level 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.
* * * * *
    25. In Sec. 173.151, the section heading is revised and a new 
paragraph (d) is 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.
    26. In Sec. 173.156, paragraph (b) is 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 pounds) gross weight limitation are not required for materials 
classed as ORM-D when--
    (i) Unitized in cages, carts, boxes or similar overpacks;
    (ii) Offered for transportation or transported by:
    (A) Rail;
    (B) Private or contract motor carrier; or
    (C) Common carrier in a vehicle under exclusive use for such 
service; and
    (iii) Transported to or from a manufacturer, a distribution center, 
or a retail outlet, or transported to a disposal facility from one 
offeror.
    (2) The 30 kg (66 pounds) 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) Inner packagings conform 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 packagings are packed into corrugated fiberboard 
trays to prevent them from moving freely;
    (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.
    27. In Sec. 173.158, paragraph (d) is revised, and paragraph (f)(1) 
is amended by adding a second 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.
* * * * *
    28. Section 173.170 is 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 and 
Division 4.1 classification in accordance with Secs. 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

[[Page 50627]]

prevent simultaneous ignition of the contents. The complete package 
must be of the same type which has been examined as required in 
Sec. 173.56;
    (d) Each completed package must be marked ``BLACK POWDER FOR SMALL 
ARMS'' and ``NA 0027''; and
    (e) Each package must bear the FLAMMABLE SOLID label.


Sec. 173.183  [Amended]

    29. In Sec. 173.183, in paragraphs (a) and (b), the wording ``, 
polypropylene canister,'' is added immediately following the wording 
``closed metal can'' each place it appears.
    30. In Sec. 173.225, in paragraph (a), a new sentence is 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. * * *
* * * * *
    31. In Sec. 173.306, paragraph (i)(1) is removed, paragraphs (i)(2) 
through (i)(4) are redesignated as paragraphs (i)(1) through (i)(3), 
respectively, and the introductory text in paragraph (i) is 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:
* * * * *
    32. In Sec. 173.314, as amended at 61 FR 28676, effective October 
1, 1996, in the paragraph (c) table, Note 2 is revised and Notes 9 and 
10 are 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 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. The tank 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]

    33. In addition, in Sec. 173.314, in the paragraph (c) table, as 
amended at 61 FR 28676, effective October 1, 1996, the following 
changes are made:
    a. For the entry ``Ammonia, anhydrous, or ammonia solutions >50 
percent ammonia'', in Column 2, the wording ``Note 2'' is 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'' is removed and the 
wording ``Notes 9, 10'' added in its place.

Appendix H to Part 173--[Amended]

    34. In Appendix H to Part 173, the second sentence of paragraph 
5.(b) is revised and in paragraph 5.(h), a second sentence is 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

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

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

    36. Section 178.245-1 is 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 454 kg 
(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

[[Page 50628]]

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, pressure gauges, 
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.
    37. In Sec. 178.245-4, a new paragraph (e) is added to read as 
follows:


Sec. 178.245-4  Tank mountings.

* * * * *
    (e) A DOT 51 portable tank that meets the definition of 
``container'' in Sec. 450.3(a)(3) of this title 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]

    38. In Sec. 178.245-6, in the first sentence of paragraph (a), the 
wording ``on one of the heads of the tank'' is revised to read ``in 
close proximity to the ASME ``U'' stamp certification''.
    39. In Sec. 178.270-12, in paragraph (a), the first two sentences 
are 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. * * *
* * * * *
    40. In Sec. 178.601, the word ``or'' is removed at the end of 
paragraph (c)(4)(iv), the period at the end of paragraph (c)(4)(v) is 
removed and ``; or'' added in its place and new paragraphs (c)(4)(vi) 
and (g)(8) are 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) For a steel drum with a capacity greater than 50 L (13 gallons) 
manufactured from low carbon, cold-rolled sheet steel meeting ASTM 
designations A366/A366M or A568/A568M, variations in elements other 
than the following design elements 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. A change in any one or more of the following design 
elements constitutes a different drum design type:
    (i) The packaging type and category of the original drum and the 
remanufactured drum, i.e., 1A1 or 1A2;
    (ii) The style, (i.e., straight-sided or tapered);
    (iii) Except as provided in paragraph (g)(3) of this section, the 
rated (marked) capacity and outside dimensions;
    (iv) The physical state for which the packaging was originally 
approved (e.g., tested for solids or liquids);
    (v) An increase in the marked level of performance of the original 
drum (i.e., to a higher packing group, hydrostatic test pressure, or 
specific gravity to which the packaging has been tested);
    (vi) Type of side seam welding;
    (vii) Type of steel;
    (viii) An increase greater than 10% or any decrease in the steel 
thickness of the head, body, or bottom;
    (ix) End seam type, (e.g., triple or double seam);
    (x) A reduction in the number of rolling hoops which equal or 
exceed the diameter over the chimes;
    (xi) The location, type or size, and material of closures (other 
than the cover of UN 1A2 drums); and
    (xii) For UN 1A2 drums:
    (A) Gasket material (e.g., plastic), or properties affecting the 
performance of the gasket;
    (B) Configuration or dimensions of the gasket;

[[Page 50629]]

    (C) Closure ring style including bolt size, (e.g., square or round 
back, 0.625'' bolt); and
    (D) Closure ring thickness.
* * * * *
    41. In Sec. 178.705, in paragraph (c)(2)(ii), a new sentence is 
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 devices unless such 
devices are the only source of pressure relief for the IBC. * * *


Sec. 178.705  [Amended]

    42. 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'' is revised to read ``21.4''.

    Issued in Washington, DC on September 18, 1996 under authority 
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-24398 Filed 9-25-96; 8:45 am]
BILLING CODE 4910-60-P