[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51334-51343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24710]



[[Page 51333]]


_______________________________________________________________________

Part III





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Part 106, et al.



Hazardous Materials Regulations; Editorial Corrections and 
Clarifications; Final Rule

  Federal Register / Vol. 61, No. 191 / Tuesday, October 1, 1996 / 
Rules and Regulations  

[[Page 51334]]



DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 106, 107, 171, 172, 173, 174, 175, 176, 177, 178, 179, 
180

[Docket HM-189M; Amdt. Nos. 106-13, 107-39, 171-148, 172-149, 173-256, 
174-83, 175-84, 176-41, 177-88, 178-118, 179-53, 180-10]
RIN 2137-AC 93


Hazardous Materials Regulations; Editorial Corrections and 
Clarifications

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

ACTION: Final rule.

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

SUMMARY: This final rule corrects editorial errors, makes minor 
regulatory changes, and in response to requests for clarification, 
improves the clarity of certain provisions to the Hazardous Materials 
Regulations (HMR). The intended effect of this rule is to enhance the 
accuracy and reduce misunderstandings of the HMR. The amendments 
contained in this rule are minor editorial changes and do not impose 
new requirements.

DATES: Effective date. The effective date is October 1, 1996.
    Incorporation by reference date. The incorporation by reference of 
the publication listed in these amendments has been approved by the 
Director of the Federal Register to be effective on October 1, 1996.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous 
Materials Standards, (202) 366-8553, Research and Special Programs 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    RSPA annually reviews the Hazardous Materials Regulations (HMR) to 
identify errors which may be causing confusion to readers. Inaccuracies 
corrected in this final rule include typographical errors, incorrect 
references to other rules and regulations in the CFR, inconsistent use 
of terminology, and misstatements of certain regulatory requirements. 
In response to inquiries RSPA received concerning the clarity of 
particular requirements specified in the HMR, certain other changes are 
made to reduce uncertainties.
    Because these amendments do not impose new requirements, notice and 
public procedure are unnecessary. In addition, making these amendments 
effective without the customary 30-day delay following publication will 
allow the changes to appear in the next revision of 49 CFR.
    The following is a section-by-section summary of the amendments 
made under this final rule. It does not discuss editorial corrections 
(e.g., typographical, capitalization and punctuation errors), changes 
to legal citations and certain other minor adjustments to enhance the 
clarity of the HMR.

Section-by-Section Review

Part 106

    Several editorial changes are made to part 106. The words ``he'' or 
``his'' have either been replaced or changed to ``he or she'' or ``his 
or hers.'' Because the pipeline rulemaking procedures were incorporated 
in 49 CFR Part 190, (see final rule entitled ``Pipeline Safety 
Rulemaking Procedures,'' Docket RSP-2, published in the Federal 
Register of September 27, 1996), reference to the pipeline safety 
office is removed. Part 106 now applies primarily to the Hazardous 
Materials Safety Program. The definition of ``Administrator'' is 
changed to include his or her delegate. Some of these changes are 
provisions that were recently amended under Docket RSP-1 (61 FR 30175, 
June 14, 1996).

Part 107

Section 107.502
    Paragraph (f), containing a grandfather provision that allows 
persons to register as Design Certifying Engineers (DCEs) and 
Registered Inspectors (RIs) before December 31, 1995, is removed. The 
definitions for DCEs and RIs, in Sec. 171.8, are revised in this final 
rule to recognize those persons eligible to register under the 
grandfather provision.
Section 107.503
    Paragraph (b) introductory text is revised to remove an inference 
that an assembler must have an American Society of Mechanical Engineers 
(ASME) Certificate of Authorization for use of the ``U'' stamp. In 
addition, paragraph (b)(1), containing a provision that has expired, 
and paragraph (b)(2), containing a reference to an assembler, are 
removed. Current Sec. 107.502 prescribes that ``assembly'' must involve 
no welding on the cargo tank wall.

Part 171

Section 171.4
    Paragraph (d), containing a transitional provision that has 
expired, is removed.
Section 171.7
    In paragraph (a)(3), the table of material incorporated by 
reference is revised to include the Truck Trailer Manufacturers 
Association's publication, TTMA RP No. 61-94, ``Performance of Manhole 
and/or Fill Opening Assemblies on MC 306 and DOT 406 Cargo Tanks'', 
which is referenced in Sec. 180.405(g)(2)(i).
Section 171.8
    Definitions for ``Design Certifying Engineer'' and ``Registered 
Inspector'' are revised to recognize those persons eligible to register 
by December 31, 1995, under an expired grandfather provision.

Part 172

    RSPA is removing the Identification Number Cross Reference Index to 
Proper Shipping Names following the part 172 table of headings. The 
index is available as a separate handout from RSPA's Docket Unit, U.S. 
Department of Transportation, Room 8421, Washington, DC 20590-0001, 
telephone (202) 366-5046.
Section 172.101
    The Hazardous Materials Table is amended as follows:
    The entries ``Boron trichloride,'' ``Carbonyl sulfide,'' ``Chlorine 
trifluoride,'' ``Ethylene oxide or Ethylene oxide with nitrogen up to a 
total pressure of 1MPa (10 bar) at 50 degrees C.,'' ``Germane,'' 
``Hydrogen iodide, anhydrous,'' ``Methyl mercaptan,'' ``Nitric oxide,'' 
and ``Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide 
and nitrogen dioxide mixtures,'' ``Perchloryl fluoride,'' ``Silicon 
tetrafluoride,'' ``Trifluoroacetyl chloride,'' and 
``Trifluorochloroethylene, inhibited, R1113'' are corrected by removing 
Special Provision ``25'' in Column (7). Special Provision ``25'' was 
removed in a rulemaking action under HM-215A (59 FR 67485), published 
December 29, 1994, in a provision to delay more stringent packaging 
requirements for certain poisonous gases.
    The entry ``Thionyl chloride'' is corrected to remove Special 
Provision ``T42'', which was removed in a rulemaking action under HM-
189L (60 FR 49110), published September 21, 1995. Through a printing 
error, this entry was not removed from the CFR.
    The entry ``Organochlorine pesticides, liquid, toxic, flammable, 
flashpoint not less than 23 degrees C.'' is corrected by adding Packing 
Group III which was inadvertently removed through a printing error.

[[Page 51335]]

Section 172.102
    In paragraph (c)(1), Special Provision 115 is revised to update the 
wording ``detonating primers'' for consistency with the Sec. 172.101 
Hazardous Materials Table entries. In paragraph (c)(3), Special 
Provisions B30 and B32 are amended by removing the acronym ``ASA.''

Part 173

Section 173.7
    In paragraph (a), the first sentence is editorially revised to 
clarify the packaging requirements for U.S. Government material.
Section 173.31
    Paragraph (a)(6)(i) is removed because it is duplicative with 
Sec. 173.31(c), which also authorizes the use of a tank car with a tank 
test pressure higher than the regulatory minimum. Paragraphs (a)(6) 
(ii) through (v), are redesignated (i) through (iv) respectively. In 
addition, in newly redesignated paragraphs (a)(6) (i) through (iv), the 
word ``specification'' is removed each place it appears for consistency 
with changes made under other rulemakings to reference the tank car 
``class'' in place of the ``specification''. Paragraph (b)(5) is 
revised to clarify that the tank car must have bottom discontinuity 
protection. In paragraph (c)(3), a reference to see 
Sec. 173.31(e)(2)(ii) (see HM-175A/201, 61 FR 33255, June 26, 1996) for 
compliance dates is added. In paragraph (d)(1)(vii), the wording 
``frangible disc'' is revised to read ``rupture disc'' for consistency 
with the wording used elsewhere in the HMR.
Section 173.224
    Paragraphs (c)(1) and (c)(2) are revised to reflect the correct 
reference, ``Sec. 173.124(a)(2)(iii).''
Section 173.225
    Paragraph (e)(1) is amended by removing references to the 
individual tank car specifications and adding references to the 
authorized tank car classes. Also, it permits use of higher integrity 
120A tank cars. These revisions are made for consistency with changes 
made under other rulemakings.
Section 173.306
    Paragraph (b)(3) is editorially revised to clarify that the 
container may be filled with a solution that is a Division 6.1, PG III 
material.
Section 173.315
    In paragraphs (e) and (i)(3), a reference to paragraph ``(a)(1)'' 
is corrected to read ``(a).''

Part 174

Section 174.83
    Paragraph (b) is revised to clarify that any Class DOT 113 tank 
car, displaying a Division 2.1 material placard, even when empty, may 
not be cut off while in motion. This revision is consistent with the 
requirements that these tank cars may not be humped or cut off. See the 
requirements for empty packagings in Sec. 173.29, design of tank cars 
in Sec. 179.400-13, shipping papers in Sec. 172.203(g)(2), and tank car 
markings in Sec. 179.400-25(d).
Section 174.85
    In Sec. 174.85, in the paragraph (d) table, the restriction numbers 
``3'', ``4'' and ``5'' are editorially revised for clarity. In 
restriction ``5,'' the wording ``temperature control equipment'' is 
removed to clarify that this restriction applies only to internal 
combustion engines and open-flame devices (e.g., lighted heaters or 
stoves) in operation.
Section 174.101
    In paragraph (h), the terminology for detonating primers is 
editorially revised.

Part 175

Section 175.320
    In the paragraph (a) table, the terminology for detonating primers 
is editorially revised.

Part 176

Section 176.194
    In paragraphs (c) and (e), the terminology for detonating primers 
is editorially revised.
Section 176.340
    Several editorial revisions are made to this section to remove 
obsolete section references.

Part 177

Section 177.835
    In paragraph (g) introductory text for Class 1 (explosive) 
materials, the terminology for detonating primers is editorially 
revised.

Part 178

Section 178.320
    The definition for ``Manufacturer'' is revised to clarify that this 
term does not include persons (assemblers) who attach a cargo tank to a 
motor vehicle, or to a motor vehicle component if it involves no 
welding on the cargo tank wall.
Section 178.345-2
    In paragraph (a)(1), for cargo tanks constructed in accordance with 
the ASME Code, ``ASTM A 622'' steel is added as an authorized material 
of construction for heads. This steel has been used successfully under 
DOT exemption E-11499 for manufacture of cargo tank heads. It has 
excellent ductile properties and strength and providing for its use 
under provisions of general applicability offers minor savings to 
industry.
Section 178.345-7
    In paragraph (d)(2), the table column heading ``W \1\'', the 
variable ``W'' in the second line, third column and the variable ``W'' 
following the table are redesignated as ``J \1\'', ``J'' and ``J \1\'', 
respectively. These changes eliminate confusion caused by having two 
``W'' variables with different meanings within the same section. The 
variable ``W'' in paragraph (d)(1) is not changed.

Part 179

Section 179.103-5
    The first two sentences in paragraph (a)(1) are removed. They were 
removed under HM-175A/201 (60 FR 49077, Sept. 21, 1995), but not 
removed in the 49 CFR printing.
Section 179.300-7
    The first sentence in paragraph (a) is amended by removing the 
phrase ``having heads fusion welded to the tank shell'' for consistency 
with changes adopted under HM-216 (61 FR 28682, June 5, 1996; 61 FR 
50255, Sept. 25, 1996).

Part 178 and Part 180 Miscellaneous Changes

    The words ``cargo tank,'' ``cargo tank motor vehicle,'' and 
``tank'' ; ``pressure test'' and ``pressure retest''; ``leak test'' and 
``leakage test'' are corrected to ensure the accuracy of their use 
throughout the HMR.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
subject to review by the Office of Management and Budget. This rule is 
not significant according to the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034). Because of the minimal 
economic impact of this rule, preparation of a regulatory impact 
analysis or a regulatory evaluation is not warranted.

[[Page 51336]]

Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 12612 (``Federalism'') and does not 
have sufficient federalism impacts to warrant the preparation of a 
federalism assessment.

Regulatory Flexibility Act

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. This rule makes minor 
editorial changes which will not impose any new requirements on persons 
subject to the HMR; thus, there are no direct or indirect adverse 
economic impacts for small units of government, businesses or other 
organizations.

Paperwork Reduction Act

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

List of Subjects

49 CFR Part 106

    Administrative practice and procedure, Hazardous materials 
transportation, Oil.

49 CFR Part 107

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

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Incorporation by reference, Imports, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labeling, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 177

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

49 CFR Part 178

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

49 CFR Part 179

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

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Reporting and recordkeeping 
requirements.
    In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 106--RULEMAKING PROCEDURES

    1. The authority citation for part 106 continues to read as 
follows:

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


Sec. 106.1  [Amended]

    2. In Sec. 106.1, the wording ``Hazardous Materials Safety 
Program'' is added immediately before ``regulations of the Research and 
Special Programs Administration of the Department of Transportation''.
    3. Section 106.3 is revised to read as follows:


Sec. 106.3  Delegations.

    For the purposes of this part, ``Administrator'' means the 
Administrator, Research and Special Programs Administration, or his or 
her delegate.
    4. Section 106.13 is revised to read as follows:


Sec. 106.13  Initiation of rulemaking.

    The Administrator initiates rulemaking on his or her own motion; 
however, in so doing, the Administrator may use discretion to consider 
the recommendations of other agencies of the United States or of other 
interested persons, including those of any technical advisory body 
established by statute for that purpose.


Sec. 106.17  [Amended]

    5. In Sec. 106.17, in paragraph (b), the wording ``In his 
discretion, the Administrator'' is removed and ``The Administrator'' is 
added in its place.
    6. Section 106.21 is revised to read as follows:


Sec. 106.21   Contents of written comments.

    All written comments must be in English. It is requested, but not 
required, that five copies be submitted. Any interested person should 
submit as part of written comments all material considered relevant to 
any statement of fact. Incorporation of material by reference should be 
avoided; however, where necessary, such incorporated material shall be 
identified by document title and page.


Sec. 106.25   [Amended]

    7. In Sec. 106.25, the following changes are made:
    a. In the first sentence, the word ``he'' is removed and ``the 
Administrator'' is added in its place.
    b. In the second sentence, the word ``his'' is removed and ``the 
Administrator's'' is added in its place.


Sec. 106.27   [Amended]

    8. In Sec. 106.27, in paragraph (c), in the second sentence, the 
word ``his'' is removed and ``his or her'' is added in its place.


Sec. 106.29   [Amended]

    9. In Sec. 106.29, the following changes are made:
    a. In the first sentence, the wording ``the office concerned'' is 
removed and ``the Office of Hazardous Materials Safety'' is added in 
its place.
    b. In the second sentence, the word ``his'' is removed.


Sec. 106.31   [Amended]

    10. In Sec. 106.31, paragraphs (a), (c) introductory text and (d) 
are amended by adding the wording ``for Hazardous Materials Safety'' 
immediately following ``Associate Administrator''.
    11. In Sec. 106.33, paragraphs (b), (c), and (d) are revised to 
read as follows:


Sec. 106.33   Processing of petition.

* * * * *
    (b) Grants. If the Associate Administrator or the Chief Counsel 
determines that the petition contains adequate justification, he or she 
initiates rulemaking action under this subpart.
    (c) Denials. If the Associate Administrator or the Chief Counsel 
determines that the petition does not justify rulemaking, the petition 
is denied.
    (d) Notification. The Associate Administrator or the Chief Counsel 
will

[[Page 51337]]

notify a petitioner, in writing, of the decision to grant or deny a 
petition for rulemaking.


Sec. 106.35   [Amended]

    12. In Sec. 106.35, in paragraph (b), the word ``he'' is removed 
and ``the petitioner'' is added in its place.
    13. In Sec. 106.37, paragraph (a) is revised to read as follows:


Sec. 106.37   Proceedings on petitions for reconsideration.

    (a) The Associate Administrator or the Chief Counsel may grant or 
deny, in whole or in part, any petition for reconsideration without 
further proceedings, except where a grant of the petition would result 
in issuance of a new final rule. In the event that the Associate 
Administrator or the Chief Counsel determines to reconsider any 
regulation, a final decision on reconsideration may be issued without 
further proceedings, or an opportunity to submit comment or information 
and data as deemed appropriate may be provided. Whenever the Associate 
Administrator or the Chief Counsel determines that a petition should be 
granted or denied, the Office of the Chief Counsel prepares a notice of 
the grant or denial of a petition for reconsideration, for issuance to 
the petitioner, and the Associate Administrator or the Chief Counsel 
issues it to the petitioner. The Associate Administrator or the Chief 
Counsel may consolidate petitions relating to the same rules.
* * * * *

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

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


Sec. 107.202   [Amended]

    15. In Sec. 107.202, in paragraph (d), the word ``Editiorial'' is 
removed and`` Editorial'' is added in its place.


Sec. 107.502  [Amended]

    16. In Sec. 107.502, paragraph (f) is removed.


Sec. 107.503  [Amended]

    17. In Sec. 107.503, the following changes are made:
    a. In paragraph (b) introductory text, the wording ``who 
manufactures or assembles a cargo tank'' is removed and ``who 
manufactures a cargo tank'' is added in its place.
    b. Paragraphs (b)(1) and (b)(2) are removed.


Sec. 107.601  [Amended]

    18. In Sec. 107.601, in paragraph (c), the wording ``that meets a 
criteria for'' is removed and ``that meets the criteria for'' is added 
in its place.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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


Sec. 171.4  [Amended]

    20. In Sec. 171.4, paragraph (d) is removed.
    21. In the Sec. 171.7(a)(3) Table, under Truck Trailer 
Manufacturers Association, a new entry is added in alphanumerical order 
to read as follows:


Sec. 171.7 Reference material.

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

------------------------------------------------------------------------
                                                                49 CFR  
                Source and name of material                   reference 
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Truck Trailer Manufacturers Association                                 
                                                                        
                  *        *        *        *        *                 
TTMA RP No. 61-94, Performance of Manhole and/or Fill                   
 Opening Assemblies on MC 306 and DOT 406 Cargo Tanks,                  
 December 28, 1994 Edition.................................      180.405
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

    22. In Sec. 171.8, the following definitions are revised to read as 
follows:


Sec. 171.8  Definitions and abbreviations.

* * * * *
    Design Certifying Engineer means a person registered with the 
Department in accordance with subpart F of part 107 of this chapter who 
has the knowledge and ability to perform stress analysis of pressure 
vessels and to otherwise determine whether a cargo tank design and 
construction meets the applicable DOT specification. In addition, 
Design Certifying Engineer means a person who meets, at a minimum, any 
one of the following:
    (1) Has an engineering degree and one year of work experience in 
cargo tank structural or mechanical design.
    (2) Is currently registered as a professional engineer by the 
appropriate authority of a State of the United States or a Province of 
Canada.
    (3) Has at least three years experience in performing the duties of 
a Design Certifying Engineer by September 1, 1991, and was registered 
with the Department by December 31, 1995.
* * * * *
    Registered Inspector means a person registered with the Department 
in accordance with subpart F of part 107 of this chapter who has the 
knowledge and ability to determine whether a cargo tank conforms with 
the applicable DOT specification. In addition, Registered Inspector 
means a person who meets, at a minimum, any one of the following:
    (1) Has an engineering degree and one year of work experience.
    (2) Has an associate degree in engineering and two years of work 
experience.
    (3) Has a high school diploma or General Equivalency Diploma) and 
three years of work experience.
    (4) Has at least three years experience in performing the duties of 
a Registered Inspector by September 1, 1991, and was registered with 
the Department by December 31, 1995.
* * * * *

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

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

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

    24. In Sec. 172.101, the Hazardous Materials Table is amended by 
adding the following entry, in appropriate alphabetical order, to read 
as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 51338]]



                                                         Sec.  172.101 Hazardous Materials Table                                                        
                                                                                                                                                        
                                                                                       (8) Packaging (Sec.          (9) Quantity          (10) Vessel   
            Hazardous                                                                       173.***)                limitations             stowage     
 Sym-       materials        Hazard    Identification          Label     Special   ---------------------------------------------------------------------
 bols    descriptions and   class or       numbers        PG   codes   provisions                              Passenger      Cargo                     
         proper shipping    division                                                Exceptions   Non-   Bulk   aircraft/    aircraft    Location   Other
              names                                                                              bulk             rail        only                      
(1)     (2)..............        (3)  (4)                 (5)    (6)  (7)               (8A)     (8B)   (8C)  (9A)         (9B)        (10A)       (10B)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
        Organochlorine           6.1  UN2995            * * *  * * *  * * *            * * *    * * *  * * *  * * *        * * *       * * *       * * *
         pesticides,                                                                                                                                    
         liquid, toxic,                                                                                                                                 
         flammable,                                                                                                                                     
         flashpoint not                                                                                                                                 
         less than 23                                                                                                                                   
         degrees C.                                                                                                                                     
        [ADD]                                                                                                                                           
        .................  .........  ................    III    6.1  B1, T14            153      203    242  60 L         220 L       A              40
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 172.101  [Amended]

    25. In addition, in Sec. 172.101, the following changes are made to 
the Hazardous Materials Table:
    a. In column (7), the reference ``25,'' is removed for the entries 
``Boron trichloride'', ``Carbonyl sulfide'', ``Chlorine trifluoride'', 
``Hydrogen iodide, anhydrous'', ``Methyl mercaptan'', ``Nitric oxide'', 
and ``Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide 
and nitrogen dioxide mixtures'', ``Perchloryl fluoride'', 
``Trifluoroacetyl chloride'', and ``Trifluorochloroethylene, inhibited, 
R1113''.
    b. In column (7), the reference ``25'' is removed for the entries 
``Ethylene oxide or Ethylene oxide with nitrogen up to a total pressure 
of 1MPa (10 bar) at 50 degrees C.'', ``Germane'', and ``Silicon 
tetrafluoride''.
    c. In column (7), the reference ``T42,'' is removed for the entry 
``Thionyl chloride''.


Sec. 172.102  [Amended]

    26. In Sec. 172.102, the followings changes are made:
    a. In paragraph (c)(1), for Special Provision 115, the wording 
``detonator (detonating primers)'' is removed and ``detonator, 
detonator assemblies and boosters with detonators '' is added in its 
place.
    b. In paragraph (c)(3), for Special Provisions B30 and B32, in 
paragraph d., the acronym ``ASA'' is removed.

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

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

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

    28. In Sec. 173.7, in paragraph (a) introductory text, the first 
sentence is revised to read as follows:


Sec. 173.7  U.S. Government material.

    (a) Hazardous materials offered for transportation by, for, or to 
the Department of Defense (DOD) of the U.S. Government, including 
commercial shipments pursuant to a DOD contract, must be packaged in 
accordance with the regulations in this subchapter or in packagings of 
equal or greater strength and efficiency as certified by DOD in 
accordance with the procedures prescribed by ``Performance Oriented 
Packaging of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 71-5/
NAVSUPINST 4030.55/MCO 4030.40.'' * * *
* * * * *


Sec. 173.31  [Amended]

    29. In Sec. 173.31, the following changes are made:
    a. Paragraph (a)(6)(i) is removed.
    b. Paragraph (a)(6) (ii), (iii), (iv) and (v) are redesignated as 
paragraphs (a)(6) (i), (ii), (iii) and (iv), respectively.
    c. In newly redesignated paragraphs (a)(6)(i) through (a)(6)(iv), 
the word ``specification'' is removed each place it appears.
    d. In paragraph (b)(5), in the first sentence, the wording ``tank 
car unless'' is removed and ``tank car with bottom discontinuity 
protection unless'' is added in its place.
    e. In paragraph (c)(3), the wording ``(see Sec. 173.31(e)(2)(ii) 
for compliance dates)'' is added after the word ``inhalation''.
    f. In paragraph (d)(1)(vii), the wording ``frangible disc'' is 
removed and ``rupture disc'' is added in its place.


Sec. 173.189  [Amended]

    30. In Sec. 173.189, in paragraph (b), in the last sentence, the 
specification ``4C,'' is removed and ``4C1, 4C2,'' is added in its 
place.


Sec. 173.224  [Amended]

    31. In Sec. 173.224, in paragraphs (c)(1) and (c)(2), the reference 
``Sec. 173.124(a)(2)(vii)'' is removed and ``Sec. 173.124(a)(2)(iii)'' 
is added each place it appears.


Sec. 173.225  [Amended]

    32. In Sec. 173.225, in paragraph (e)(1), in the first sentence, 
the wording ``DOT 103W, 103AW, 111A60F1, 111A60W1, 111A100F2, and 
111A100W2 tank car tanks'' is removed and ``Class DOT 103, 104, 105, 
109, 111, 112, 114, 115, or 120 fusion-weld tank car tank'' is added in 
its place.


Sec. 173.300a  [Amended]

    33. In Sec. 173.300a, in paragraph (c), the word ``Director'' is 
removed and ``Associate Administrator or his or her representative'' is 
added in its place.
    34. In Sec. 173.306, in paragraph (b)(3), the first sentence is 
revised to read as follows:


Sec. 173.306  Limited quantities of compressed gases.

* * * * *
    (b) * * *
    (3) Nonrefillable metal containers charged with a Division 6.1 
Packing Group III or nonflammable solution containing biological 
products or a medical preparation which could be

[[Page 51339]]

deteriorated by heat, and compressed gas or gases. * * *
* * * * *


Sec. 173.315  [Amended]

    35. In Sec. 173.315, in paragraphs (e) and (i)(3), the reference 
``(a)(1)'' is removed and ``(a)'' is added in its place.

PART 174--CARRIAGE BY RAIL

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

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


Sec. 174.81  [Amended]

    37. In Sec. 174.81, in paragraph (g) introductory text, the wording 
``for Class I'' is removed and ``for Class 1'' is added in its place.


Sec. 174.83  [Amended]

    38. In Sec. 174.83, in paragraph (b) introductory text, the wording 
``or any Class DOT-113 tank car placarded for a Division 2.1 flammable 
gas may not be:'' is removed and ``or a Class DOT 113 tank car 
displaying a Division 2.1 (flammable gas) placard, including a Class 
DOT 113 tank car containing only a residue of a Division 2.1 material, 
may not be:'' is added in its place.


Sec. 174.85  [Amended]

    39. In Sec. 174.85, in the paragraph (d) table, the following 
changes are made:
    a. In the first column, the text of restriction number ``3'' is 
revised to read as follows: ``A placarded car may not be placed next to 
an open-top car when any of the lading in the open top car protrudes 
beyond the car ends, or if the lading shifted, would protrude beyond 
the car ends.''.
    b. In the first column, the first sentence of restriction number 
``4'' is revised to read as follows: ``A placarded car may not be 
placed next to a loaded flat car, except closed TOFC/COFC equipment, 
auto carriers, and other specially equipped cars with tie-down devices 
for securing vehicles.''.
    c. In the first column, the text of restriction number ``5'' is 
revised to read as follows: ``A placarded car may not be placed next to 
any transport vehicle or freight container having an internal 
combustion engine or an open-flame device in operation.''.


Sec. 174.101  [Amended]

    40. In Sec. 174.101, the following changes are made:
    a. In paragraph (h), in the first sentence, the wording 
``detonators or detonating primers'' is removed and ``detonators, 
detonator assemblies, or boosters with detonators'' is added in its 
place.
    b. In paragraph (o) introductory text, in the first sentence, the 
wording ``on a flatcar car'' is removed and ``on a flatcar'' is added 
in its place.


Sec. 174.112  [Amended]

    41. In Sec. 174.112, in paragraph (b), in the second sentence, the 
reference ``Sec. 174.104(c)-(f)'' is removed and ``Sec. 174.104 (c) 
through (f)'' is added in its place.

PART 175--CARRIAGE BY AIRCRAFT

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

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


Sec. 175.320  [Amended]

    43. In Sec. 175.320, in the paragraph (a) table, in the first 
column, for the first two entries, the wording ``Detonators and 
detonating primers'' is removed and ``Detonators, detonator assemblies 
and boosters with detonators'' is added each place it appears.

PART 176--CARRIAGE BY VESSEL

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

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


Sec. 176.194  [Amended]

    45. In Sec. 176.194, the following changes are made:
    a. In paragraph (c), in the last sentence, the wording 
``Detonators, Division 1.1 (Class A explosive), and detonating primers, 
Division 1.1 (Class A explosive)'' is removed and ``Detonators, 
detonator assemblies and boosters with detonators, Division 1.1 (Class 
A explosive)'' is added in its place.
    b. In paragraph (e), in the last sentence, the wording ``Detonators 
and detonating primers'' is removed and ``Detonators, detonator 
assemblies and boosters with detonators'' is added in its place.


Sec. 176.340  [Amended]

    46. In Sec. 176.340, the following changes are made:
    a. In paragraph (b)(1), the wording ``Secs. 178.251 and 178.253 of 
this subchapter,'' is removed and ``a DOT specification 57 portable 
tank,'' is added in its place.
    b. In paragraph (b)(3), the wording ``in Sec. 178.253-5 of this 
subchapter'' is removed.
    c. In paragraph (b)(4), the wording ``Table III in Sec. 178.341-4'' 
is removed and ``Table I in Sec. 178.345-10'' is added in its place.
    d. In paragraph (b)(5), the wording ``marking required by 
Sec. 178.251-7 of this subchapter,'' is removed and ``marking,'' is 
added in its place.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

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

    48. In Sec. 177.835, paragraph (g) introductory text is revised to 
read as follows:


Sec. 177.835  Class 1 (explosive) materials.

* * * * *
    (g) No detonator assembly or booster with detonator may be 
transported on the same motor vehicle with any Division 1.1, 1.2 or 1.3 
(Class A or Class B explosive) material (except other detonator 
assemblies, boosters with detonators or detonators), explosives for 
blasting or detonating cord Division 1.4 (Class C explosive) material. 
No detonator may be transported on the same motor vehicle with any 
Division 1.1, 1.2 or 1.3 (Class A or Class B explosive) material 
(except other detonators, detonator assemblies or boosters with 
detonators), explosives for blasting or detonating cord, Division 1.4 
(Class C explosive) material unless--
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    50. In Sec. 178.320, in paragraph (a), the definition for 
``Manufacturer'' is revised to read as follows:


Sec. 178.320  General requirements applicable to all DOT specification 
cargo tank motor vehicles.

    (a) * * *
    Manufacturer means any person engaged in the manufacture of a DOT 
specification cargo tank, cargo tank motor vehicle or cargo tank 
equipment which forms part of the cargo tank wall. This term includes 
attaching a cargo tank to a motor vehicle or to a motor vehicle 
suspension component which involves welding on the cargo tank wall. A 
manufactuer shall register with the Department in accordance with 
subpart F of part 107 in subchapter A of this chapter.
* * * * *


Sec. 178.337-1  [Amended]

    51. In Sec. 178.337-1, the following changes are made:

[[Page 51340]]

    a. In paragraphs (b), (c)(1), (c)(2) introductory text, (c)(2)(i), 
(c)(2)(ii), (d), (e)(1), (e)(2) and (f), the word ``tank'' is removed 
and ``cargo tank'' is added each place it appears.
    b. In paragraph (e)(2), the word ``tanks'' is removed and ``cargo 
tanks'' is added in its place.
    c. In paragraph (f), in the first sentence, the word ``accord- 
ance'' is removed and ``accordance'' is added in its place.


Sec. 178.337-2  [Amended]

    52. In Sec. 178.337-2, the following changes are made:
    a. In paragraph (a)(1), the word ``tank'' is removed and ``cargo 
tank'' is added in its place.
    b. In paragraph (a)(2), in the first sentence, the wording ``on 
steel used in fabrication on each tank'' is removed and ``on steel used 
in the fabrication of each cargo tank'' is added in its place.
    c. In paragraphs (a)(3), (a)(4), (b)(1) introductory text, (b)(2) 
introductory text and the last sentence in paragraph (c), the word 
``tank'' is removed and ``cargo tank'' is added each place it appears.
    d. In paragraph (b) heading, the wording ``a chlorine tank'' is 
removed and ``a chlorine cargo tank'' is added in its place.


Sec. 178.337-3  [Amended]

    53. In Sec. 178.337-3, the following changes are made:
    a. In paragraph (b), in the second sentence, the wording ``by the 
tank wall'' is removed and ``by the cargo tank wall'' is added in its 
place.
    b. In paragraphs (c)(1)(iii) (A), (B) introductory text and (C); 
(c)(1)(iv) (A), (B) and (C); (c)(2)(iii) (A), (B) introductory text and 
(C); and (c)(2)(iv) (A), (B) and (C), the wording ``loaded cargo tank'' 
is removed and ``loaded cargo tank motor vehicle'' is added each place 
it appears.
    c. In paragraph (e), the word ``tanks'' is removed and ``cargo 
tanks'' is added each place it appears.
    d. In paragraphs (f) and (g) introductory text, the word ``tank'' 
is removed and ``cargo tank'' is added each place it appears.
    e. In paragraph (g)(1), in the second sentence, the wording 
``integrity of the tank'' is removed and ``integrity of the cargo 
tank'' is added in its place.


Secs. 178.337-4, 178.337-6, 178.337-8  [Amended]

    54. In Sec. 178.337-4 (b) and (c), in Sec. 178.337-6(b) and in 
Sec. 178-337-8(a)(1), the word ``tank'' is removed and ``cargo tank'' 
is added each place it appears.


Sec. 178.337-9  [Amended]

    55. In Sec. 178.337-9, the following changes are made:
    a. In paragraph (a)(2), the word ``tanks'' is removed and ``cargo 
tanks'' is added in its place.
    b. In paragraphs (a)(3), (b)(1) and (c), the word ``tank'' is 
removed and ``cargo tank'' is added each place it appears.
    c. In paragraph (b)(6), in the third sentence, the wording 
``installation on the tank'' is removed and ``installation on the cargo 
tank'' is added in its place.
    d. In paragraph (d)(1), in the second sentence, the wording ``at 
least tank test pressure'' is removed and ``at least the cargo tank 
test pressure'' is added in its place.
    e. In paragraph (d)(1), in the third and fourth sentences, the word 
``tank'' is removed and ``cargo tank'' is added each place it appears.
    f. In paragraph (d)(1), in the fourth sentence, the punctuation 
``.'' is added after the word leakage and preceding the word ``The''.


Sec. 178.337-11  [Amended]

    56. In Sec. 178.337-11, the following changes are made:
    a. In pararaphs (a)(1) (ii), (iii), (iv) and (v); (a)(2) (i) and 
(ii); (b); and (c)(3), the word ``tank'' is removed and ``cargo tank'' 
is added each place it appears.
    b. In paragraph (c)(1), the wording ``self-closing'' is removed the 
first time it appears.


Sec. 178.337-13  [Amended]

    57. In Sec. 178.337-13, the following changes are made:
    a. In paragraph (a), in the first sentence, the wording ``tank 
down'' is removed and ``cargo tank down'' is added in its place; in the 
second sentence, the wording `` tank and the vehicle chassis'' is 
removed and ``cargo tank and the vehicle chassis'' is added in its 
place.
    b. In paragraph (b), in the first sentence, the wording ``tank 
motor vehicle'' is removed and ``cargo tank motor vehicle'' is added in 
its place.
    c. In paragraph (b), in the first sentence, the wording ``tank 
supported'' is removed and ``cargo tank supported'' is added in its 
place.
    d. In paragraph (b), in the fourth sentence, the wording ``loaded 
vehicle'' is removed and ``loaded cargo tank motor vehicle'' is added 
in its place.
    e. In paragraphs (c) and (d), the word ``tank'' is removed and 
``cargo tank'' is added each place it appears.


Sec. 178.337-14  [Amended]

    58. In Sec. 178.337-14, in paragraph (b)(2), in the second 
sentence, the word ``tank'' is removed and ``cargo tank'' is added in 
its place.


Sec. 178.337-15  [Amended]

    59. In Sec. 178.337-15, in paragraph (a), in the third sentence, 
the word ``tank'' is removed and ``cargo tank'' is added in its place.


Sec. 178.337-16  [Amended]

    60. In Sec. 178.337-16, the following changes are made:
    a. In paragraphs (a) and (b)(1), the word ``tank'' is removed and 
``cargo tank'' is added each place it appears.
    b. In paragraphs (a), (b)(2) and (c), the word ``tanks'' is removed 
and ``cargo tanks'' is added each place it appears.


Sec. 178.337-17  [Amended]

    61. In Sec. 178.337-17, in paragraph (a), the following changes are 
made:
    a. The word ``tank'' is removed and ``cargo tank'' is added each 
place it appears.
    b. In the third sentence, the wording ``multitank vehicles plates'' 
is removed and ``multi-cargo tank motor vehicle plates'' is added in 
its place.


Sec. 178.337-18  [Amended]

    62. In Sec. 178.337-18, the following changes are made:
    a. In paragraph (a) introductory text, in the first sentence, the 
wording ``cargo tank manufacturer'' is removed and ``cargo tank motor 
vehicle manufacturer'' is added in its place.
    b. In paragraph (a) introductory text, in the first sentence, the 
wording ``tank manufacturer's'' is removed and ``cargo tank motor 
vehicle manufacturer's'' is added in its place.
    c. In paragraph (a)(3), in the third sentence, the word ``tank'' is 
removed and ``cargo tank'' is added in its place.
    d. In paragraph (b), the word ``tank'' is removed and ``cargo tank 
motor vehicle'' is added each place it appears.


Sec. 178.338-9  [Amended]

    63. In Sec. 178.338-9, in paragraph (c)(1), in the fourth sentence, 
the reference ``Sec. 173.33(d)(1)(ii)'' is removed and 
``Sec. 173.318(g)(3)'' is added in its place.


Sec. 178.345-1  [Amended]

    64. In Sec. 178.345-1, in paragraph (c), the following changes are 
made:
    a. For the following definitions, the word ``tank'' is removed and 
``cargo tank'' is added each place it appears: ``External self-closing 
stop-valve'', ``Inspection pressure'', ``Internal self-closing stop-
valve'', ``Loading/unloading outlet'', ``Loading/unloading stop-
valve'', ``Outlet'', ``Outlet stop-valve'', ``Sacrificial Device'', 
``Shell'', ``Sump'', and ``Vacuum tank''.
    b. For the following definitions, the wording ``cargo tank'' is 
removed and ``cargo tank motor vehicle'' is added each place it 
appears: ``Extreme

[[Page 51341]]

dynamic loading'' and ``Normal operating loading''.


Sec. 178.345-2  [Amended]

    65. In Sec. 178.345-2, the following changes are made:
    a. In paragraph (a)(1), the wording ``ASTM A 622'' is added in 
alphanumerical order.
    b. In paragraph (c)(1), the word ``tank'' is removed and ``cargo 
tank'' is added in its place.
    c. In paragraph (c)(2), the wording ``tank wall'' is removed and 
``cargo tank wall'' is added in its place.


Sec. 178.345-3  [Amended]

    66. In Sec. 178.345-3, the following changes are made:
    a. In paragraphs (a)(1) and (c)(1) introductory text, the word 
``tank'' is removed and ``cargo tank'' is added each place it appears.
    a-1. In paragraph (b) introductory text, in the second sentence, 
the wording ``tank design'' is removed and ``cargo tank design'' is 
added in its place.
    b. In paragraphs (c)(1)(iii) (A), (B) introductory text and (C), 
and (c)(1)(iv) (A), (B) and (C), the wording ``fully loaded cargo 
tank'' is removed and ``fully loaded cargo tank motor vehicle'' is 
added each place it appears.
    c. In paragraph (c)(2) introductory text, the word ``tank'' is 
removed and ``cargo tank'' is added in its place.
    d. In paragraphs (c)(2)(iii) (A), (B) introductory text, (C) and 
(c)(2)(iv) (A), (B) and (C), the wording ``fully loaded cargo tank'' is 
removed and ``fully loaded cargo tank motor vehicle'' is added each 
place it appears.
    e. In paragraph (f)(2), in the last sentence, the wording ``tank 
shell'' is revised to read ``cargo tank shell''.


Sec. 178.345-4  [Amended]

    67. In Sec. 178.345-4, in paragraph (a), the wording ``tank shell'' 
is removed and ``the cargo tank shell'' is added in its place.


Sec. 178.345-6  [Amended]

    68. In Sec. 178.345-6, the following changes are made:
    a. In paragraph (a), in the first sentence, the word ``vehicle'' is 
removed and ``cargo tank motor vehicle'' is added in its place.
    b. In paragraph (a), in the first sentence, the wording ``tank must 
have the tank secured by restraining devices to eliminate any motion 
between the tank and frame that may abrade the tank shell'' is removed 
and ``cargo tank must have the tank secured by restraining devices to 
eliminate any motion between the tank and frame that may abrade the 
tank shell'' is added in its place.
    c. In paragraph (b), in the first sentence, the wording ``in the 
tank'' is removed and ``in the cargo tank'' is added in its place.
    69. In Sec. 178.345-7, the table in paragraph (d)(2) is revised to 
read as follows:


Sec. 178.345-7  Circumferential reinforcements.

* * * * *
    (d) * * *
    (2) * * *

------------------------------------------------------------------------
  Number of circumferential ring                                        
     stiffener-to-shell welds              J \1\          Shell section 
------------------------------------------------------------------------
1................................  ....................  20t            
2................................  Less than 20t.......  20t+J          
2................................  20t or more.........  40t            
------------------------------------------------------------------------
\1\ where:                                                              
t=Shell thickness, inches;                                              
J=Longitudinal distance between parallel circumferential ring stiffener-
  to-shell welds.                                                       

* * * * *


Sec. 178.345-7  [Amended]

    70. In addition, in Sec. 178.345-7, the following changes are made:
    a. In paragraphs (a) introductory text, (c) and (d)(2), the word 
``tank'' is removed and ``cargo tank'' is added each place it appears.
    b. In paragraph (d)(5), the wording ``tank shell'' is removed and 
``cargo tank shell'' is added in its place.


Sec. 178.345-8  [Amended]

    71. In Sec. 178.345-8, the following changes are made:
    a. In paragraph (a)(1) introductory text, in the second sentence, 
the wording ``accident damage protection that are:'' is removed and 
``accident damage protection devices that are:'' is added in its place.
    b. In paragraph (a)(1) introductory text, the words ``non-circular 
tanks'' is removed and ``non-circular cargo tanks'' is added each place 
it appears.
    c. In paragraph (a)(3), in the second sentence, the wording ``the 
tank wall'' is removed and ``the cargo tank wall'' is added in its 
place.
    d. In paragraph (a)(3), in the third sentence, the wording ``from 
the tank operating at the MAWP may not result in a tank wall'' is 
removed and ``from the cargo tank operating at the MAWP may not result 
in a cargo tank wall'' is added in its place.
    e. In paragraph (a)(4), in the third and fourth sentences, the word 
``tank'' is removed and ``cargo tank'' is added each place it appears.
    f. In paragraph (b) introductory text, the word ``tank'' is removed 
and ``cargo tank'' is added in its place.
    g. In paragraph (b) introductory text, the wording ``non-circular 
tanks'' is removed and ``non-circular cargo tanks'' is added in its 
place.
    h. In paragraphs (b)(2), (d)(2) introductory text, (d)(2)(ii) and 
(e), the word ``tank'' is removed and ``cargo tank'' is added each 
place it appears.
    i. In paragraph (c)(1), the wording ``normal to the tank shell 
(perpendicular to the tank surface)'' is removed and ``normal to the 
cargo tank shell (perpendicular to the cargo tank surface)'' is added 
in its place.
    j. In paragraph (c)(2), the wording ``top of the tank'' is removed 
and ``top of the cargo tank'' is added in its place.
    k. In paragraph (d) introductory text, in the first sentence, the 
wording ``protect the tank'' is removed and ``protect the cargo tank'' 
is added in its place.
    l. In paragraph (d)(1), the wording ``The rear-end tank'' is 
removed and ``The rear end cargo tank'' is added in its place.


Sec. 178.345-9  [Amended]

    72. In Sec. 178.345-9, In paragraphs (e) and (h), the word ``tank'' 
is removed and ``cargo tank'' is added each place it appears.


Sec. 178.345-10  [Amended]

    73. In Sec. 178.345-10, the following changes are made:
    a. In paragraph (a), in the second sentence, the wording ``tank 
rupture'' is removed and ``cargo tank rupture'' is added in its place.
    b. In paragraph (c), in the second sentence, the word ``tank'' is 
removed and ``cargo tank'' is added each place it appears.
    c. In paragraph (c), in the second sentence, the word ``tanks'' is 
removed and ``cargo tanks'' is added in its place.
    d. In paragraph (e) introductory text, the word ``tank'' is removed 
and ``cargo tank'' is added each place it appears.
    e. In paragraph (e)(1), the wording ``exposed tank'' is removed and 
``exposed cargo tank'' is added in its place.


Sec. 178.345-11  [Amended]

    74. In Sec. 178.345-11, the following changes are made:
    a. In paragraph (a), in the second sentence, the wording ``Tank 
out-lets'' is removed and ``Cargo tank outlets'' is added in its place.
    b. In paragraphs (b) introductory text, and (d), the word ``tank'' 
is removed and ``cargo tank'' is added each place it appears.

[[Page 51342]]

    c. In paragraph (b)(2), the wording ``the tank need not'' is 
removed and ``the cargo tank need not'' is added in its place.


Sec. 178.345-12  [Amended]

    75. In Sec. 178.345-12, in the first sentence, the wording ``Each 
cargo tank, except a tank'' is removed and ``Each cargo tank, except a 
cargo tank'' is added in its place.
    76. In Sec. 178.345-13, in paragraph (b) introductory text, the 
first two sentences are revised to read as follows:


Sec. 178.345-13  Pressure and leakage tests.

* * * * *
    (b) * * * Each cargo tank or cargo tank compartment must be tested 
hydrostatically or pneumatically. Each cargo tank of a multi-cargo tank 
motor vehicle must be tested with the adjacent cargo tanks empty and at 
atmospheric pressure. * * *
* * * * *


Sec. 178.345-13  [Amended]

    77. In addition, in Sec. 178.345-13, the following changes are 
made:
    a. In paragraph (a), the words ``Each tank must be pressure and 
leak tested'' is removed and ``Each cargo tank must be pressure and 
leakage tested'' is added in its place.
    b. In paragraph (b)(1) and the fourth sentence of paragraph (b)(2), 
the word ``tank'' is removed and ``cargo tank'' is added each place it 
appears.
    78. In Sec. 178.345-14, paragraph (a) is revised to read as 
follows:


Sec. 178.345-14  Marking.

    (a) General. The manufacturer shall certify that each cargo tank 
motor vehicle has been designed, constructed and tested in accordance 
with the applicable Specification DOT 406, DOT 407 or DOT 412 
(Secs. 178.345, 178.346, 178.347, 178.348) cargo tank requirements, and 
when applicable, with the ASME Code. The certification shall be 
accomplished by marking the cargo tank as prescribed in paragraphs (b) 
and (c) of this section, and by preparing the certificate prescribed in 
Sec. 178.345-15. Metal plates prescribed by paragraphs (b), (c), (d) 
and (e) of this section, must be permanently attached to the cargo tank 
or its integral supporting structure, by brazing, welding or other 
suitable means. These plates must be affixed on the left side of the 
vehicle near the front of the cargo tank (or the frontmost cargo tank 
of a multi-cargo tank motor vehicle), in a place readily accessible for 
inspection. The plates must be permanently and plainly marked in 
English by stamping, embossing or other means in characters at least 
\3/16\ inch high. The information required by paragraphs (b) and (c) of 
this section may be combined on one specification plate.
* * * * *


Sec. 178.345-14  [Amended]

    79. In addition, in Sec. 178.345-14, the following changes are 
made:
    a. In paragraphs (b)(4) and (b)(5), the word ``Tank'' is removed 
and ``Cargo tank'' is added each place it appears.
    b. In paragraph (d), the paragraph heading is revised to read: 
``Multi-cargo tank motor vehicle.''.
    c. In paragraph (d), in the first sentence, the wording ``For a 
cargo tank motor vehicle`` is removed and ``For a multi-cargo tank 
motor vehicle'' is added in its place.
    d. In paragraph (d), in the first sentence, the wording ``having 
one cargo tank or'' is removed.
    e. In paragraph (d), in the fourth sentence, the wording 
``insulation and the'' is removed and ``insulation. The'' is added in 
its place.


Sec. 178.345-15  [Amended]

    80. In Sec. 178.345-15, the following changes are made:
    a. In paragraph (b)(2), in the first sentence, the wording ``ASME 
tank a tank manufacturer's'' is removed and ``ASME cargo tank a cargo 
tank manufacturer's'' is added in its place.
    b. In paragraph (d), the wording ``tank fabrication'' is removed 
and ``cargo tank fabrication'' is added in its place.

PART 179--SPECIFICATIONS FOR TANK CARS

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

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


Sec. 179.103-5  [Amended]

    82. In Sec. 179.103-5, paragraph (a)(1) is amended by removing the 
first two sentences.


Sec. 179.300-7  [Amended]

    82a. In Sec. 179.300-7, in the first sentence of paragraph (a), the 
phrase ``having heads fusion welded to the tank shell'' is removed.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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

    84. In Sec. 180.403, for the definition ``Modification'', a new 
sentence is added at the end of the introductory text to read as 
follows:


Sec. 180.403  Definitions.

* * * * *
    Modification * * * Excluded from this category are the following:
* * * * *


Sec. 180.407  [Amended]

    85. In Sec. 180.407, the following changes are made:
    a. In the paragraph (c) table, in the table title, the word 
``Retests'' is removed and ``Test'' is added in its place.
    b. In the paragraph (c) table, in the first column, in the fifth 
entry, the wording ``Pressure Retest'' is removed and ``Pressure Test'' 
is added in its place.
    c. In paragraph (d)(2)(vi), the wording ``parts 178 and 180'' is 
removed and ``parts 172, 178 and 180 of this subchapter'' is added in 
its place.
    d. In paragraph (f)(3), in the first sentence, the word ``tank'' is 
removed and the words ``the cargo tank'' are added in its place.
    e. In paragraph (f)(3), in the second sentence, the reference 
``Sec. 180.407(i).'' is removed and ``paragraphs (i)(2), (i)(3), (i)(5) 
and (i)(6) of this section.'' is added in its place.
    f. In paragraph (g)(1) (viii) and (ix), the word ``tank'' is 
removed and ``cargo tank'' is added each place it appears.
    g. In paragraph (g)(1)(viii), in the second sentence, the reference 
``(g)(1)(iii)'' is removed and ``(g)(1)(iv)'' is added in its place.
    h. In paragraph (h)(1) introductory text, (h)(1)(i) and (h)(1)(ii), 
the wording ``leak tested'' is removed and ``leakage tested'' is added 
each place it appears.


Sec. 180.413  [Amended]

    86. In Sec. 180.413, in paragraph (e), the following changes are 
made:
    a. In the first sentence, the wording ``each tank during the time 
the tank'' is removed and ``each cargo tank during the time the cargo 
tank'' is added in its place.
    b. In the second sentence, the wording ``during the period the 
tank'' is removed and ``during the period the cargo tank'' is added in 
its place.
    c. In the third sentence, the wording ``cargo tank'' is removed and 
``specification cargo tank'' is added each place it appears.


Sec. 180.415  [Amended]

    87. In Sec. 180.415, in paragraph (b), the following changes are 
made:

[[Page 51343]]

    a. In the fourth sentence, the wording ``pressure retest'' is 
removed and ``pressure test'' is added in its place.
    b. In the fourth sentence, the wording ``lining test'' is removed 
and ``lining inspection'' is added in its place.
    c. In the fifth sentence, the wording ``pressure retest'' is 
removed and ``pressure test'' is added in its place.


Sec. 180.417  [Amended]

    88. In Sec. 180.417, in paragraph (c)(2), the word ``tank'' is 
removed and ``cargo tank'' is added in its place.

    Issued in Washington, DC, on September 18, 1996, under authority 
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 96-24710 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-60-P