Federal Register, Volume 62 Issue 5 (Wednesday, January 8, 1997)

[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Rules and Regulations]
[Pages 1217-1237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-189]

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 174, 175, 176 and 177

[Docket No. HM-206; Amdt. Nos. 171-151, 172-151, 173-260, 174-84, 175-
85, 176-42, 177-89]
RIN 2137-AB75

Improvements to Hazardous Materials Identification Systems

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

ACTION: Final rule.

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SUMMARY: This final rule amends the Hazardous Materials Regulations
(HMR) to better identify hazardous materials in transportation. Changes
include adding a new ``POISON INHALATION HAZARD'' (PIH) label and
placard to enhance the ready identification of materials which are
poisonous if inhaled, lowering the quantity for specific hazard class
placarding from 2,268 kilograms (5,000 pounds) to 1,000 kilograms
(2,205 pounds) of one class or division of material loaded on a
transport vehicle, expanding requirements for transport vehicles and
freight containers that have been fumigated, and other enhancements to
the hazard communication system. Improved identification of, and
information about, hazardous materials in transportation assists
emergency response personnel in responding to and mitigating the
effects of incidents involving the transportation of hazardous
materials, and improves safety to transportation workers and the
public.

DATES: Effective date: October 1, 1997.
Compliance date: Voluntary compliance is authorized beginning
February 11, 1997.

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

SUPPLEMENTARY INFORMATION:

I. Background

A. The Current Hazard Communication System

The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)
include a wide variety of hazard identification and communication
requirements for hazardous material shipments. These requirements are
designed, in part, to provide fire and emergency response personnel,
the public, and transport workers with information in the event of a
transportation incident involving hazardous materials. Hazard
communication and emergency response information requirements are set
forth in Subparts C through G of Part 172 of the HMR.
During transportation, most non-bulk packages of a hazardous
material must be marked with the shipping name and identification
number of the material and must have a hazard warning label affixed to
the package. Many shipments of hazardous materials must be identified
by placards attached to the transport vehicle or bulk package. Most
hazardous materials must be described and identified on a shipping
paper that accompanies a shipment in transportation. A shipping paper
must contain an emergency response telephone number that is monitored
at all times the hazardous material is in transportation. This
telephone number is used by emergency responders to

[[Page 1218]]

obtain more detailed, product specific information on the hazardous
material being transported. A carrier is required to have on each
vehicle transporting a hazardous material appropriate emergency
response information intended to provide guidance for the initial
actions to be taken in the event of an incident.
The hazard communication system in the HMR generally is consistent
with international standards. In a number of rulemaking actions from
1976 to the present, DOT has revised hazard communication requirements
in the HMR, by adoption of shipping descriptions, labels, and placards,
for consistency with standards in the United Nations Recommendations on
the Transport of Dangerous Goods (U.N. Recommendations).
The changes to hazard communication requirements made by this final
rule are intended to enhance the identification of hazardous materials
in transportation and improve the availability of emergency response
information. These changes should result in better response by, and
protection for, emergency response personnel, (e.g., local fire or
police department personnel), and help ensure that hazardous materials
are transported with minimum risks to persons, property, and the
environment.

B. Rulemaking History

On June 9, 1992, RSPA published an advance notice of proposed
rulemaking (ANPRM) in the Federal Register [57 FR 24532]. The ANPRM was
issued in response to Section 25 of the Hazardous Materials
Transportation Uniform Safety Act of 1990 (Pub. Law 101-615). The
section required the Secretary of Transportation to initiate a
rulemaking to determine methods of improving the existing system of
placarding vehicles transporting hazardous materials and to determine
methods for establishing and operating a central reporting system and
computerized telecommunications data center that could provide
information to facilitate responses to incidents involving hazardous
material. DOT was required to contract with the National Academy of
Sciences (NAS) to study the need for establishing the central reporting
system and telecommunications center. The NAS and DOT reports are
included in this docket.
In the ANPRM, RSPA requested comments on 63 primary questions, many
of which had sub-elements, addressing: (1) Methods of improving the
current system of placarding vehicles transporting hazardous materials;
(2) methods to improve the system of identifying hazardous materials in
transportation; (3) the feasibility and necessity of requiring carriers
to maintain continually-monitored telephone contacts for emergency
response information; and (4) methods for establishing and operating a
central reporting system and center that could provide information to
facilitate responses to incidents involving the transportation of
hazardous materials. More than 230 comments were submitted in response
to the ANPRM. Most commenters did not support a comprehensive
modification of the existing hazard communication requirements. The
commenters were overwhelmingly opposed to establishing a central
reporting system and center, on the grounds that it would not be
workable and would be too costly.
On August 15, 1994, RSPA issued a notice of proposed rulemaking
(NPRM) in the Federal Register proposing certain changes to the hazard
communication requirements of the HMR. [59 FR 41848; Corrections to the
NPRM were published Aug. 26, 1994 (59 FR 44230) and Aug. 30, 1994 (59
FR 44795)] RSPA agreed with the central recommendation in the NAS
report and most of the commenters to the ANPRM not to establish a
national, central reporting system and computerized telecommunications
data center. Accordingly, RSPA did not propose to establish a central
reporting system and computerized telecommunications data center.
More than 80 written comments from chemical companies, transport
companies, farmers, trade associations, explosives manufacturers and
distributors, police departments and fire associations, State
governments, and the National Transportation Safety Board (NTSB) were
received in response to the NPRM. In addition, on October 18, 1994, a
public hearing was held in Washington, DC. Twenty-four persons
attended, and several presented written and oral statements. A
transcript of the public hearing is on file in the Docket.

II. Regulatory Issues

A. Summary

A majority of commenters supported RSPA's narrowing of the issues
related to improvements to the current hazard identification and
communication system and supported most of the proposals.
The following is a discussion of the comments and regulatory
changes made in this final rule.

B. Labeling and Placarding Requirements

1. PIH label and placard. RSPA is adopting, as proposed, in
Subparts E and F of Part 172, respectively, unique labels and placards
for both liquids and gases that are poisonous by inhalation (PIH).
Based on their severe inhalation hazards, certain materials are
designated as poisonous by inhalation. The term ``material poisonous by
inhalation'' is defined in 49 CFR 171.8. Classification criteria are
set forth in Sec. 173.115 for gases and Sec. 173.132 for liquids.
Specific regulations in Subparts C and D of Part 172 generally require
that the words ``Inhalation Hazard'' be entered on each shipping paper
and marked on each packaging in association with the proper shipping
name for PIH materials. Packages of PIH materials must also be labeled
and transport vehicles must be placarded, as appropriate. Currently
emergency responders are alerted to the presence of materials poisonous
by inhalation in transportation by these special package markings and
shipping paper information. Since harmonizing domestic regulations with
international standards in the U.N. Recommendations and adopting
international labels and placards, hazard warning words on a label or
placard are no longer required in the HMR. Because of the lack of
hazard warning words or a distinguishing characteristic in the symbol
on a POISON vs. POISON GAS label or placard to immediately warn
emergency responders of the dangers associated with poisonous liquids
or gases, RSPA believes the existing POISON or POISON GAS label and
placard are not adequate in communicating the inhalation hazard of
these materials.
In the NPRM, RSPA proposed a distinctive label and placard for PIH
materials. A majority of commenters supported adoption of a PIH label
and placard, and others indicated that they would support a PIH label
and placard if adopted by the U.N. Most commenters, both for or against
the proposal, linked their positions to concerns for maintaining
harmonization with the U.N. Recommendations in hazard communication.
Commenters supporting a PIH label and placard stated that the new
warnings would improve DOT's hazard communication system by creating an
instantly recognizable difference between PIH materials and other
poisons, thus further enhancing responder safety. The International
Association of Fire Chiefs stated that changing the labeling/placarding
from ``Poison'' to ``Poison

[[Page 1219]]

Inhalation Hazard'' is very appropriate and will be extremely
beneficial to emergency responders. The Chemical Manufacturers
Association (CMA) supported creation of a new placard for liquids and
gases deemed poisonous by inhalation because of the additional guidance
that would be provided to emergency responders; however, CMA urged RSPA
to work with the U.N. to develop and gain acceptance of a new label and
placard before modifying the HMR. The American Trucking Associations
(ATA) supported adoption of a PIH label and placard in its comments to
the ANPRM and continued that support in its comments to the NPRM. ATA
indicated that the present system for identifying PIH materials is
inadequate and confusing. ATA also suggested revisions to Secs. 171.11,
171.12, and 171.12a, to allow continued use of the existing POISON and
POISON GAS labels and placards for international shipments. The
Chemical Waste Transportation Institute (CWTI) suggested that the
``Inhalation Hazard'' marking prescribed in the current Sec. 172.313 be
eliminated if PIH labels and placards are displayed in domestic
transportation.
Several supporters believe that, if RSPA adopts a PIH label and
placard, the INHALATION HAZARD text ``must'' be displayed on the label
and placard at all times. Many commenters supporting the proposed PIH
label and placard asked RSPA to provide a transition period of at least
one year for implementation.
Commenters opposed to a U.S.-only PIH label and placard said such a
provision would depart from the hazard communication system established
in Docket HM-181 to achieve international uniformity. Other commenters
opposing a PIH label and placard asserted that existing POISON and
POISON GAS labels and placards clearly convey an adequate warning and
are generally well understood.
RSPA believes that a new PIH label and placard provide a
distinctive warning to emergency responders of the unique hazards
(extreme toxicity, high volatility) of PIH gases and vapors. RSPA
intends to propose classification, hazard communication and packaging
requirements for PIH materials for adoption in international
transportation regulations during the 1997-98 biennium of the U.N.
Committee of Experts on the Transport of Dangerous Goods. Requiring a
specific PIH label and placard is an additional step in RSPA's effort,
begun in 1985, to enhance safety in the transportation of PIH materials
by establishing a complete system of transportation controls:
Classification; hazard communication; and packaging. Adding a PIH label
and placard to the hazard communication requirements also responds to a
petition (P-1132) for rule change from the Compliance and Investigation
Committee of the Cooperative Hazardous Materials Enforcement
Development (COHMED) program. The COHMED program, made up of
participants from Federal, State and local government agencies, and
industry, is an outreach activity of RSPA that promotes coordination,
cooperation, education and communication for the safe transportation of
hazardous materials.
In response to concerns expressed by commenters, if the new PIH
label or placard is displayed, the ``Inhalation Hazard'' marking
specified in Sec. 172.313 is not required on a package. However,
packages being transported under the provisions in Secs. 171.11,
171.12, or 171.12a, which are not labeled as required in this final
rule, must display the ``Inhalation Hazard'' marking. RSPA is not
adopting a requirement requested by commenters that display of text be
required on labels and placards. RSPA believes that the distinct design
and dark color of the symbol depicted on the new PIH label and placard
adequately convey the appropriate information to alert responders to
the dangers involving materials poisonous by inhalation. Also as
requested by commenters, for highway and rail shipments of a material
poisonous by inhalation, RSPA is including transitional provisions for
continued use of the old POISON or POISON GAS placards until October 1,
2001, which is consistent with the current transitional provisions in
Sec. 171.14 for placarding highway shipments of hazardous materials
(i.e., October 1, 2001).
2. Lowering the placarding exception for use of the DANGEROUS
placards from 2,268 kg (5,000 pounds) to 1,000 kilograms (2,205
pounds). As proposed, RSPA is adopting, in the placarding provisions in
Part 172, a requirement that limits use of the DANGEROUS placard for
mixed loads of hazardous materials. RSPA is lowering from 2,268
kilograms (5,000 pounds) to 1,000 kilograms (2,205 pounds) the quantity
of one class or division of a hazardous material loaded at one facility
for which a specific placard (e.g., CORROSIVE or FLAMMABLE) is
required.
A number of commenters opposed this proposal, citing the potential
for confusion, additional training, placard proliferation, decreased
hazard warning effectiveness, additional drivers needing a Commercial
Driver's License (CDL), and cost to industry. The Conference on Safe
Transportation of Hazardous Articles, Inc., urged RSPA not to implement
the proposed change, stating that it would increase costs and cause a
regulatory ``ripple effect'' associated with the reduction of the
current placarding threshold.
Farmland Industries, Inc. (Farmland), opposed lowering the quantity
for which specific hazard class placarding is required and believed
that modification of the use of the DANGEROUS placard would require
greater investment in additional placards and training to obtain
compliance with the regulations. Farmland stated that each of these
investments adds costs to its products, which will ultimately be borne
by the consumer. The International Sanitary Supply Association (ISSA)
opposed limiting use of the DANGEROUS placard. ISSA stated that, at a
time when industry is still coming to terms with the massive changes
brought about by HM-181, it is imperative to provide some consistency
in the regulations to facilitate overall compliance and transportation
safety.
A number of commenters supported the proposal stating that safety
would be improved by requiring more shipments to display specific
hazard class and division warnings. The IAFC expressed support for the
proposal because use of the DANGEROUS placard increases the risk to
response personnel arriving at the scene of an emergency because the
nature or characteristics of the hazardous material are not
specifically identified, resulting in delaying decisions on how to
mitigate the incident. Another commenter stated the DANGEROUS placard
does not provide enough significant information to emergency responders
trying to identify hazardous materials in a transport vehicle. The
Compressed Gas Association supported the proposal to better identify
the hazards. Shell Oil stated the presence of a DANGEROUS placard may,
in some instances, delay effective action. Monsanto stated that the
DANGEROUS placard should be eliminated altogether because its
elimination will serve to further increase compliance and safety.
RSPA believes that further limiting the use of the DANGEROUS
placard by lowering the quantity from 2,268 kilograms (5,000 pounds) to
1,000 kilograms (2,205 pounds) for which a specific placard is required
will improve communication relative to the hazardous materials being
transported on a vehicle. RSPA does not agree with the comments
asserting that additional drivers will be requiring a CDL. Since these
motor vehicles are already

[[Page 1220]]

placarded with a DANGEROUS placard, display of a specific placard will
not affect or increase the number of drivers needing a CDL.
3. Lowering the placarding exception threshold from 454 kg (1,001
pounds) to 400 kg (882 pounds) aggregate gross weight of Table 2
hazardous materials. In this final rule, RSPA is not lowering the
placarding exception threshold in Sec. 172.504(c). RSPA proposed
lowering the placarding exception threshold for hazardous materials in
Table 2 from 454 kilograms (1,001 pounds) to 400 kilograms (882
pounds). The exception allows for the transportation of up to 454
kilograms (1,001 pounds) aggregate gross weight of ``Table 2''
hazardous materials in non-bulk packagings on a transport vehicle
without placarding.
More than 50 comments were received in opposition to the proposal.
In support of their opposition to this proposal, commenters cited the
potential for increased confusion, increased costs to industry, an
increase in the number of drivers requiring a CDL, increased burden on
small shippers, more placard-related prohibitions (i.e., tunnels, some
expressway restrictions), training, placard ``proliferation,'' and
reduced effectiveness of the placarding requirements.
Some commenters in support of the lowering of the placarding
exception, indicated that even small amounts of hazardous materials can
cause injury or damage to the public, property, and the environment,
and that without placards communication of this important information
would be lacking. Monsanto said that the exception to the placarding
requirement is inconsistent with other parts of the hazardous materials
regulations requiring labeling and marking for smaller quantities of
hazardous materials found in other sections of the regulations.
Monsanto indicated that reduction of the weight limitation would lead
to better communication for hazardous materials shipments, enhanced
safety and better emergency response.
RSPA views the proposed lowering of the placarding exception
threshold as an incremental enhancement to safety. RSPA agrees with
commenters that the number of drivers needing a CDL would increase
because more vehicles would be placarded and that such a change would
substantially increase compliance costs. Upon further consideration,
RSPA has determined that the benefits of this safety enhancement do not
outweigh the potential costs and is not adopting this proposal.
4. Table 1 placard assignment--Organic peroxide, Type B, liquid or
solid, temperature controlled. In Sec. 172.504, RSPA is adopting the
proposal to require placarding of any quantity of ``Organic peroxides,
Type B, temperature controlled'' material. In the NPRM, a proposal was
made to include ``Organic peroxide, Type B, liquid or solid,
temperature controlled'' in Table 1 of Sec. 172.504(e), which would
require placarding in any quantity. Only two comments were received on
this issue. PPG Industries, Inc., supported the change. J. B. Hunt
Transport, Inc., recommended changing the classification of Organic
peroxide, Type B, temperature controlled materials to a Class
[Division] 1.3 Explosive, but did not provide any information to
substantiate its proposal.
RSPA believes that organic peroxides that require refrigeration for
stabilization purposes during transport pose a substantial hazard in
any incident that results in a loss of temperature control. These
organic peroxides can decompose with such rapidity within a package
that the resultant heat and gas will violently burst the package,
creating a dangerous situation during which emergency measures and
possible evacuation of the areas would need to be initiated. In order
to make emergency responders aware of organic peroxides requiring
temperature control, it is necessary to communicate the fact without
regard to quantity. Therefore, RSPA is adding ``Organic peroxide, Type
B, temperature controlled'' in placarding Table 1 of Sec. 172.504(e).
The placarding requirements applicable to other organic peroxides
remain in Table 2.
5. Prohibited and permissive placarding: Extraneous information on
placards and in placard holders. RSPA is revising Sec. 172.502 to
prohibit extraneous information (e.g., ``DRIVE SAFELY'') on placards,
in placard holders and on placard-type displays, as proposed. RSPA
received 18 comments supporting the proposal to prohibit the display of
extraneous information, such as the ``DRIVE SAFELY'' slogan, on a
placard, placard-type display, and in a placard holder. Most of the
commenters believed the prohibition will reduce confusion among
emergency responders and increase placard effectiveness. ATA urged RSPA
to allow a 7 year phase-out period. Dow Chemical Company supported this
change, and requested that a reasonable phase-out period be allowed.
Yellow Freight System, Inc. supported removal of extraneous information
on placards, placard-type displays, and in placard holders and stated
that other venues exist on tractors and trailers for carriers to more
appropriately place messages unrelated to the safe transportation of
hazardous materials. The State of Michigan, Department of State Police
stated that elimination of the ``DRIVE SAFELY'' sign is an excellent
change and should be adopted. The National Tank Truck Carriers, Inc.
(NTTC) had no opposition to this proposal, but questioned whether
``DRIVE SAFELY'' slogans on placard-type displays could be confused
with ``alert words'' used on placards.
Five commenters, including the National Private Truck Council,
opposed the proposed prohibition, asserting that there is no evidence
the ``DRIVE SAFELY'' display on placards and in placard holders
confuses responders. The National Industrial Transportation League
(NITL) stated that it could better support a rule which would simply
forbid the marking of signs or slogans on vehicles, bulk packaging and
containers in the ``future,'' but not require the removal of signs and
slogans which currently exist. A commenter opposed to this change
stated the current requirement in Sec. 172.502(a)(2), as it is
currently written, is sufficient to prevent displays of conflicting
slogans or markings on transport vehicles carrying hazardous materials.
RSPA believes that extraneous information displayed on placards,
placard-type displays, and in placard holders, such as ``DRIVE SAFELY''
and other slogans, detracts from the basic function of placards, and
reduces the ability of emergency responders to readily recognize vital
hazard alerting information. Placards must be strictly reserved for
hazard communication with all other confusing or conflicting displays
prohibited. Accordingly, RSPA is prohibiting the display of extraneous
information on placards, placard-type displays, and in placard holders.
RSPA agrees with those commenters requesting an extended compliance
date consistent with the transitional provisions for placarding highway
shipments (October 1, 2001) of hazardous materials for phasing out
extraneous information. In the NPRM, RSPA proposed a compliance date of
October 1, 1997, for mandatory removal of these slogans. Upon further
consideration, RSPA believes a transition period consistent with the
current provisions in Sec. 171.14(b) is appropriate and is providing a
phase-out period until October 1, 2001, for industry to remove, cover,
or obliterate extraneous slogans from placard displays.

[[Page 1221]]

C. Marking Requirements

1. Identification number marking for packaged Poison Inhalation
Hazard (PIH) materials. RSPA is revising Sec. 172.313 and adopting the
proposal, with modification, to require that identification number
markings be displayed on transport vehicles and freight containers to
improve identification of a hazardous material poisonous by inhalation
(PIH) offered in amounts of more than 1,000 kilograms (2,205 pounds)
aggregate gross weight. RSPA proposed to require identification number
markings on a transport vehicle or freight container containing non-
bulk packages having more than 400 kilograms (882 pounds) aggregate
gross weight of a PIH material.
Commenters, such as the Association of American Railroads (AAR),
opposed this identification number marking on the basis that it would
be redundant and burdensome to industry given RSPA's proposal to add a
new PIH label and placard to more specifically communicate the
inhalation hazard to emergency response personnel. Several commenters
said it would not provide any safety benefit. Others warned the
existing, well understood hazard communication system for poisonous
materials could be weakened by introducing a plethora of confusing,
redundant markings. Air Products and Chemicals, Inc. said that this
change would cause it to modify existing customer delivery patterns to
reduce the likelihood of multiple mixed loads of PIH materials.
Other commenters, such as CWTI, supported the change, stating that
this proposed change would more ``efficiently convey essential
information'' from available sources and provide essential information
not previously available because the shipment was not subject to the
display of identification number markings on transport vehicles and
freight containers. CMA expressed general support for the proposal, and
believed that while this change would be relatively minor in nature,
the change should help improve the hazard communication system and
increase the safety of emergency responders. The 3M company recommended
a 1,001 pound threshold for consistency with the existing placarding
exception in Sec. 172.504.
RSPA believes that requiring certain quantities of a packaged PIH
material to be identified by an identification number marking display
on a transport vehicle or freight container will increase the
effectiveness of DOT's communication system for high hazard poisonous
liquids and gases. This requirement will further enhance the
effectiveness of the new PIH labels and placards by providing immediate
information to emergency responders assisting them in addressing the
hazards of PIH materials.
In response to the concerns expressed by several commenters in
regard to shipping mixed loads, (e.g., different kinds of poisonous
gases in cylinders, assigned different identification numbers, which
may weigh as much as 150 pounds gross weight), RSPA is raising the
quantity threshold for identification number marking of a packaged PIH
material from the proposed 400 kilograms (882 pounds) to 1,000
kilograms (2,205 pounds) aggregate gross weight on a transport vehicle
or freight container.
2. Identification number marking on vehicles transporting non-bulk
packages in large quantities. Section 172.301 is revised, and the
proposal is adopted with modification, to require an identification
number marking display on transport vehicles and freight containers
containing large quantities of non-bulk packagings of hazardous
materials having a single identification number, and includes a
threshold of 4,000 kilograms (8,820 pounds) for those quantities. RSPA
proposed to require display of identification numbers on vehicles
transporting, in truckload or carload quantities, non-bulk packages of
hazardous materials that are identified by a single identification
number.
Nineteen commenters supported this proposal. Nine commenters
opposed it; however, six of these commenters said they would support it
if RSPA clarified what constitutes a ``truckload'' or ``carload''
quantity.
Several commenters urged RSPA to define ``truckload'' as ``fully
loaded'' when a substantial capacity of the vehicle is ``occupied'' by
packaged hazardous materials, or restrict application to common freight
container size dimensions, such as 8' x 8' x 20' or 8' x 8' x 40'.
Several commenters were unclear whether RSPA intended the marking
requirements to be based on package weight or number; or whether the
terms ``truckload'' or ``carload'' would include vans and other similar
vehicles.
Commenters opposed to the proposal asserted that the marking
requirement might force businesses to change delivery patterns or
customer service or to avoid mixing certain hazardous and non-hazardous
loads.
RSPA believes that a requirement for the display of identification
number marking on transport vehicles and freight containers containing
large quantities of hazardous materials in non-bulk packagings having a
single identification number will assist emergency responders in
accessing hazard mitigation information. In response to commenters
concerns regarding the phrase ``truckload'' or ``carload'' quantity,
RSPA has decided to avoid use of terms that could be confused with
economic terminology. In this final rule, large quantities of hazardous
materials in non-bulk packagings having a single identification number
and having an aggregate gross weight of not less than 4,000 kilograms
(8,820 pounds) on a transport vehicle or freight container would be
subject to the requirement. Accordingly, the identification number
specified for the hazardous material in the Sec. 172.101 Table must be
displayed on a placard, orange panel or plain white square-on-point
configuration as prescribed in Secs. 172.332 or 172.336, as
appropriate.
A new Sec. 172.323 was proposed for the new identification number
requirement. After further consideration, RSPA believes it is more
appropriate to consolidate this requirement under the general
requirements for marking non-bulk packagings, in Sec. 172.301.
3. Identification number marking visibility on closed transport
vehicles or freight containers carrying cargo tanks and other bulk
packagings. In Subpart D of Part 172, RSPA is adopting as proposed a
requirement to specify that identification number markings are required
on the outside of closed transport vehicles and freight containers
carrying cargo tanks and other bulk packagings (e.g., intermediate bulk
containers (IBCs)), when the identification number marking on the bulk
package is not visible during transportation.
NTTC and three other commenters supported the clarification to
assure that markings will be visible on the exterior of a closed
transport vehicle or freight container containing a hazardous material
in a bulk packaging. The Rigid Intermediate Bulk Container Association
(RIBCA) opposed the proposal, saying it is not unusual for one vehicle
to contain four or more IBCs bearing four or more different
identification numbers. RIBCA said the proposed clarification would
require display of many identification numbers on vehicles that would
confuse responders. RIBCA suggested use of primary class placards or
identification number displays for IBCs bearing ``a single
identification number.''
RSPA believes that the display of identification numbers on the
outside of

[[Page 1222]]

transport vehicles that contain bulk packages of hazardous materials is
consistent with the requirement that identification numbers on the bulk
package be visible in transportation. RSPA does not agree that
identification number marking displays on closed transport vehicles
containing other bulk packagings (e.g., IBCs) should only apply if the
IBCs in the transport vehicle or freight container bear the same
identification number. Accordingly, RSPA is requiring the display of
identification numbers on the outside of closed transport vehicles and
freight containers when they contain any bulk packaging.
4. FUMIGANT marking on transport vehicles or freight containers
which contain fumigated lading. In Sec. 173.9, RSPA is adopting its
proposal, with modification, to revise and expand the requirements for
display of a FUMIGANT marking that is consistent with international
requirements. RSPA is: (1) extending the requirements to display the
fumigant marking to every material used to fumigate the contents of a
transport vehicle or freight container; (2) expanding the requirements
to cover all modes of transportation; (3) specifying that a fumigated
transport vehicle or freight container is a ``package'' for application
of the fumigation requirements; (4) adopting the international fumigant
marking; and (5) consistent with the U.N. Recommendations, specifying
that a shipping paper accompanying an international shipment must
contain hazard warning information concerning the fumigant.
Most commenters supported application of the FUMIGANT marking to
all modes of transportation and revision of the marking for consistency
with the U.N. Recommendations. The IAFC stated that even though there
are not many documented incidents where the lack of a FUMIGANT marking
has caused an accident, the potential for such accidents exists
throughout the country. The Arizona Department of Public Safety
supported the change, stating:

Your proposed revision would have undoubtedly prevented the
injury of one of our Arizona Highway Patrol Commercial Vehicle
Safety Specialists last year, when he entered a trailer on a state
highway to inspect its contents. He was unaware that it had recently
been fumigated with methyl bromide, and was quickly injured by the
fumigant. He was treated at a hospital and by his personal
physician, and lost time off work from the incident.
This officer was one of our hazardous materials emergency
responders, and had been trained to the OSHA 1910-120 [sic]
Hazardous Materials Technician level, with over 200 hours of
training. However, since he was unaware of the toxic fumigated
nature of the trailer, he did not utilize the personal protective
clothing and self-contained-breathing-apparatus he was equipped
with.

One commenter supported the proposal and stated that the fumigation
issue is of particular interest in Washington and Oregon because both
States have ports and receive grain from other States via highway and
rail.
Only one commenter, a large motor carrier, opposed the proposal,
pointing out that the fumigant marking was designed for large enclosed
places with little or no opportunity for escape of toxins upon opening
(such as a cargo aircraft or vessel). The commenter stated that it
would not be beneficial to small ground transportation vehicles that
are rarely, if ever, opened in confined spaces.
The Air Transport Association of America inquired whether this
provision would require ``small shippers of agricultural products to
provide a fumigant warning (if product has been treated) on shipper
provided packaging.'' The requirement to display a FUMIGANT warning is
applicable to freight containers which contain fumigated lading, and
not to aircraft compartments containing crates, boxes or other packages
containing agricultural produce or perishable products.
In response to another commenter, the wording ``should indicate''
in proposed Sec. 173.9(f) is changed to read ``must indicate,''
relative to fumigation information on international transport
documents.
After further consideration, RSPA is not adopting as proposed, the
training and testing requirement prescribed in Subpart H of Part 172,
as it applies to persons who offer and accept a material for
transportation which has been fumigated. However, if other hazardous
materials are being transported, the training requirements of the HMR
apply. RSPA believes that persons offering or transporting fumigated
loads must have knowledge relative to the fumigated load. Accordingly,
Sec. 173.9 is revised to specify that such persons must be informed of
the requirements of this section which are applicable solely because
the lading has been fumigated and, for the purpose of this section, is
a package containing a hazardous material.
For the purposes of compliance with this section of the HMR, RSPA
has made the determination that a fumigated load is a ``package.'' This
should resolve concerns relative to the potential for increased
financial responsibility levels, as required by the Federal Motor
Carrier Safety Regulations (FMCSR), 49 CFR part 387.
Based on the forgoing, RSPA believes that a FUMIGANT marking for
all modes of transportation is necessary and that display of the
proposed FUMIGANT marking will minimize the risk of exposure and
prevent injury from poisonous or noxious materials. It should be noted
that requirements in Sec. 176.76(i) [issued under the final rule in HM-
215A; 59 FR 67390] for fumigants transported by vessel became effective
October 1, 1996. On April 29, 1996, a final rule [HM-222A; FR 61 18926]
was published in the Federal Register which redesignated Sec. 176.76(i)
as Sec. 176.76(h).

D. Emergency Response Information

1. Emergency response information readily available to authorities.
RSPA proposed to clarify certain provisions of the emergency response
information requirements in Subpart G of Part 172, and corresponding
Secs. 175.33, 176.30, and 177.817. Upon further consideration, based on
comments received in opposition to this proposal, RSPA is not adopting
the changes proposed in Sec. 172.602 and the corresponding sections.
RSPA believes that the basic elements of the proposed change are
already adequately covered by the requirements in Sec. 172.600(c).
2. Carrier notification and information contact. RSPA is adding
Sec. 172.606 to the HMR and adopting, as proposed, a requirement that
each carrier who transports a hazardous material, for which a shipping
paper is required, to instruct the operator of a motor vehicle, train,
aircraft, or vessel to contact the carrier in the event of an incident
involving the hazardous material.
Generally, most commenters supported improvements to emergency
response information requirements. Most of these commenters did not
specifically address their comments to the proposal for carrier
information contact and notification. Of the ten comments which
specifically addressed this proposal, approximately five commenters
supported it. The American Trucking Associations had no comment on this
proposal.
Many of the commenters confused the proposal for carrier
information contact with the proposal for marking an emergency response
telephone number on a motor vehicle when disconnected from its motive
power and stored at other than a carrier's, consignee's, or consignor's
facility. One commenter said that the proposal was unnecessary because
carriers should already be instructing their operators to contact

[[Page 1223]]

them in the event of an incident involving hazardous materials, as part
of the driver training requirements under Subpart H of Part 172.
RSPA believes that required information available at the scene of a
hazardous materials incident meets most of the immediate information
needs of responders. However, in some instances the operator of a motor
vehicle may not be able to initiate appropriate mitigation procedures
without the carriers involvement. RSPA believes better coordination of
emergency response and spill mitigation actions will result from
specific requirements for carrier instruction to operators regarding
incident notification; therefore, RSPA agrees with NAS's recommendation
that requiring a carrier information contact will respond in part to
concerns addressing improvements to the hazardous materials
identification system. In this final rule, RSPA is requiring that a
carrier who transports or accepts a hazardous material for
transportation instruct the operator of a transport vehicle to contact
the carrier following an incident.
3. Mark carrier telephone number on transport vehicle, or have
shipping papers and emergency response information located on transport
vehicle when a transport vehicle is separated from its motive power.
RSPA is adopting, as proposed in new Sec. 172.606, a requirement that a
motor carrier mark its telephone number on a highway transport vehicle,
trailer or semi-trailer, or have shipping papers and emergency response
information located on the transport vehicle, when separated from its
motive power away from a consignee's, consignor's, or carrier's
facility. Most comments on this proposal supported the concept, but
differed on how to implement it. Several motor carriers noted that many
carriers already mark their names on transport vehicles and asked RSPA
to exempt companies already displaying this information. Other
commenters cited confusion over marking trailers used by more than one
carrier; they said such trailers should bear the lessee's name and
phone number. Illinois DOT supported the proposal and stated that a
consistent location should be specified, such as a holder on the right
front corner, to ensure copies of shipping papers and emergency
response information are on a transport vehicle when disconnected from
its motive power. NITL generally supported RSPA's proposal in
Sec. 172.606(b), but requested exceptions for those carriers who
already prominently display their names and principal place of business
from having to mark their vehicles with the telephone number of the
motor carrier.
RSPA believes that an unattended motor vehicle (e.g., a trailer or
semi-trailer disconnected from its motive power) carrying hazardous
materials must be sufficiently identified to communicate information
regarding hazardous materials in the transport vehicle or to provide a
telephone number where the information would be available. In some
instances, a semi-trailer may be in an interchange operation in which
the motor carrier using the semi-trailer is not the motor carrier whose
name is displayed on the vehicle, or a leasing company name may be
prominently displayed on a semi-trailer. In either of these instances,
the company's name appearing on the semi-trailer would not lead
directly to information regarding the hazardous material being
transported. RSPA acknowledges that many transport vehicles identified
and operated by the same company are marked with the company's name and
address. RSPA does not believe such operations should be excepted from
complying with any method prescribed in Sec. 172.606(b) (1), (2), or
(3).

E. Editorial Correction and Clarification

1. Notice to train crews of placarded cars. In Sec. 174.26, RSPA is
adopting, as proposed, a requirement that a train consist be updated to
reflect the current position in the train of each rail car containing
hazardous materials. NTSB supported clarification of a provision in
Sec. 174.26, which requires that a train crew must have a document that
reflects the current position in the train of each rail car containing
a hazardous material, stating:

The Board supports the proposed change to 49 CFR Section
174.26(b) that would require a traincrew [sic] to have a current
record or updated consist to reflect the position in the train of
each rail car containing a hazardous material. The proposed revision
would satisfy action requested in Safety Recommendation R-9-38,
which was issued by the Board to the Federal Railroad Administration
following a train derailment in Akron, Ohio, on February 26, 1989.

RSPA proposed that an updated train consist be permitted to meet
this requirement. The existing requirement in the HMR specifies that
the train crew must have a document indicating the position in the
train of each loaded placarded car containing hazardous materials,
except when the position is changed or the placarded car is placed in
the train by a member of the train crew. Although the provision
specifies that a train consist may be used, it does not state that the
train consist must be ``updated'' to meet this requirement. AAR and
several rail carriers expressed concern that the proposed language as
written does not clearly state that train crews can attach a document,
which reflects current train placement, to the train consist to
indicate changes in the placement of hazardous materials cars in
trains. AAR stated that train crews should be specifically authorized
to modify consists by inserting a ``reference'' in the consist to
additional documents in the train crew's possession.
Along with NTSB, FRA and RSPA believe this section should be
clarified to specify that an updated train consist must be used to meet
this requirement. In response to AAR's and several rail carriers'
concerns for further clarification of the term ``updated'' as it
applies to modifying train consists to reflect the train placement
requirement, RSPA is revising this section to allow the use of appended
or attached documents that reflect current train placement. This
addresses situations in which modifying a train consist is accomplished
by inserting attachments (e.g., track lists and work orders, etc.) that
reflect the current position in the train of cars containing hazardous
materials. In this final rule, a train consist must be updated (i.e.,
modified, changed, or appended) and used by the train crews to
accurately reflect changes in the placement of hazardous materials cars
in trains.

III. Related Rulemakings

On June 5, 1996, RSPA issued a final rule [HM-216; 61 FR 28666],
which contained a number of changes to the rail requirements in the
HMR. RSPA revised Secs. 172.510 and 172.526 to delete reference to the
use of the RESIDUE placard and removed the RESIDUE placard as shown in
the placarding examples, respectively. RSPA also removed the special
documentation requirements of Sec. 174.25 requiring placard notations
or endorsements on shipping papers (e.g., waybills, switching ticket,
or switching order). In addition, RSPA deleted paragraph (a) of
Sec. 174.26, regarding notices showing the location in each train of
each rail car placarded EXPLOSIVES 1.1 or 1.2, POISON GAS, Division 2.3
Hazard Zone A, and Division 6.1, PG I, Hazard Zone A materials, and
revised and redesignated paragraph (b) as paragraph (a).
Since the provisions applying to the specifications and use of the
RESIDUE placard have been removed in HM-216, the change proposed in
Sec. 172.510 (HM-206), regarding reference to the POISON-RESIDUE and
POISON

[[Page 1224]]

INHALATION HAZARD-RESIDUE placards, is no longer necessary. The action
taken in HM-216 in Sec. 174.25 to remove the requirements for placard
endorsement and notation on rail billings, makes the proposed change in
this section referencing the POISON INHALATION-HAZARD placard
unnecessary. In this final rule, for ease of understanding, the text of
Sec. 174.26 contained in Docket HM-216 is republished.
On May 30, 1996, RSPA issued a final rule [Docket HM-222B; 61 FR
27166], which revised the requirement in Sec. 177.841 to allow
foodstuffs which are loaded in a closed unit load device to be
transported in the same motor vehicle with poisons that are loaded in a
separate closed unit load device. In this final rule, RSPA is revising
Sec. 177.841 to include reference to the new POISON INHALATION HAZARD
label.

IV. Section-by-section highlights

This section-by-section summary addresses highlights of the changes
to the hazard communications requirements. In addition, the following
table is provided as an aid to readers and provides a summary of
changes made in this final rule and their respective compliance dates.

----------------------------------------------------------------------------------------------------------------
Section Action Discussion Compliance date
----------------------------------------------------------------------------------------------------------------
Sec. 172.301...................... ID No. marking on vehicle New requirement....... Oct. 1, 1997.
for large quantities (4,000 kg) in non-
bulk packages.
Sec. 172.313...................... ID No. marking on vehicle New requirement...... Oct. 1, 1997.
for a PIH material with
1,000 kg in
non-bulk packages.
Sec. 172.328...................... ID No. marking display on New requirement....... Oct. 1, 1997
closed vehicle containing
cargo tanks.
Sec. 172.331...................... ID No. marking display on Expansion of current Oct. 1, 1997
closed vehicle containing requirement
other bulk packages (e.g., applicable to
IBCs). portable tanks.
Secs. 172.416 & 172.429........... PIH labels for both liquids Replaces POISON label Oct. 1, 1997.
and gases that are and POISON GAS label
poisonous if inhaled. design.
Sec. 172.504(b)................... Specific placard required Reduction of quantity Oct. 1, 1997.
when 1,000 kg from 2,268 kg for use
of one class on a vehicle. of DANGEROUS placard
for mixed loads.
Sec. 172.606(a)................... Carrier must instruct New requirement....... Oct. 1, 1997.
operator of motor vehicle
to contact the company in
the event of a hazmat
incident.
Sec. 172.606(b)................... Requiring information with New requirement....... Oct. 1, 1997.
parked (dropped) motor
vehicle.
Secs. 172.302 & 173.9............. FUMIGANT marking, applying Expansion of existing Oct. 1, 2001.
to all modes. requirements and
adoption of
international design.
Sec. 172.502...................... Prohibited display of Expansion of existing Oct. 1, 2001.
extraneous information on requirements.
placard and in placard
holder.
Secs. 172.540 & 172.555........... PIH placards for both Replaces POISON and Oct. 1, 2001.
liquids and gases that are POISON GAS placard
poisonous if inhaled. design.
----------------------------------------------------------------------------------------------------------------

Section 171.8. Although not proposed, in order to assist persons in
locating the requirements for transporting lading which has been
fumigated, the entry `` `Fumigated lading' (See Secs. 172.302(g) and
173.9)'' is being added to the definitions in Sec. 171.8.
Section 171.11, 171.12 and 171.12a. In Secs. 171.11(d)(9)(iii),
171.12(b)(8)(iii) and 171.12a(b)(5)(iii), the words ``POISON INHALATION
HAZARD'' replace the word ``POISON'' in reference to labeling poison
inhalation hazard materials other than gases.
Section 171.14. On September 26, 1996, a final rule was published
in the Federal Register [Docket HM-181H; 61 FR 50616] which removed
obsolete transition dates in Sec. 171.14. New paragraphs (a), (b), and
(c) contain all remaining transitional provisions implementing changes
adopted under Docket HM-181. In this final rule (HM-206), paragraph (b)
is revised to allow continued use of the old placards for PIH
materials, in accordance with the Placard Substitution Table provided
in this section. Accordingly, for highway and rail shipments, mandatory
use of the new PIH placards [for Division 2.3 and Division 6.1, PG I
materials] begins on October 1, 2001, which is consistent with other
transitional placarding provisions for highway shipments of hazardous
materials.
Section 172.101. On April 29,1996, a final rule was published in
the Federal Register [Docket HM-222A; 61; FR 18926]. In this final
rule, the Sec. 172.101 Hazardous Materials Table (Sec. 172.101 HMT) was
reformatted to reduce the volume of the regulations and make them
easier to use. A numerical identifier is now shown in the Sec. 172.101
HMT in place of the label name. A ``Label Substitution Table,'' was
added preceding the HMT to identify which label corresponds to a label
code (i.e., numerical identifier) in Column (6). In this final rule
(HM-206), the ``Label Substitution Table,'' in Sec. 172.101(g), is
amended to include the new label name ``Poison Inhalation Hazard'' and
label code ``6.1 (I, Zone A and B, inhalation hazard),'' in its
appropriate sequence.
Section 172.301. A new paragraph (a)(3) is added in this section
requiring an identification number marking on transport vehicles and
freight containers containing large quantities (i.e., not less than
4,000 kilograms (8,820 pounds)) of hazardous materials in non-bulk
packagings having a single identification number. Paragraph (a)(1) is
also revised to more appropriately include the exception from
identification number marking for ORM-D and limited quantity materials,
currently provided in paragraph (f)(1). Accordingly, paragraph (f)(1)
is removed, and paragraph (f)(2), which is obsolete, is removed.
Section 172.302. A new paragraph (g) is added to reference the
fumigation marking requirements in Sec. 173.9.
Section 172.313. Paragraph (a) is revised to include an exception
from the

[[Page 1225]]

``Inhalation Hazard'' marking requirement, provided packages are
already labeled or placarded with the new PIH label or placard.
Paragraph (c) is added to require that transport vehicles or freight
containers containing more than 1,000 kilograms (2,205 pounds)
aggregate gross weight of non-bulk packages containing a material
poisonous by inhalation must be marked with the identification number
of that material. This is an increase in the quantity threshold (i.e.,
2,205 pounds) for the identification number marking display for a PIH
shipment in non-bulk packagings from the proposed 400 kilograms (882
pounds).
Section 172.328. Paragraph (a)(3) is added to clarify that an
identification number marking must be displayed on a transport vehicle
or freight container containing a hazardous material in a cargo tank,
if the identification number marking on the cargo tank is not visible
during transportation.
Section 172.331. Paragraph (c) is added to clarify that an
identification number marking must be displayed on a transport vehicle
or freight container containing a hazardous material in a bulk
packaging (e.g., an IBC) other than a cargo tank, portable tank, tank
car and multi-unit tank car tank, if the identification number marking
on the bulk packaging is not visible during transportation.
Section 172.332. Paragraph (a) is revised to reference new marking
requirements in Secs. 172.301 and 172.313.
Section 172.400. The table of label designations in paragraph (b)
of this section is revised by adding reference to the new POISON
INHALATION HAZARD label (Sec. 172.429) for Division 6.1, PG I, Zone A
and B materials. The entry for the POISON label applying to 6.1, PG I
and II materials is revised to read ``other than inhalation hazard.''
Section 172.416. This section is revised to prescribe the new
POISON GAS label.
Section 172.429. This section is added to prescribe the new POISON
INHALATION HAZARD label.
Section 172.502. Paragraph (a)(2) is revised to specifically
prohibit display of extraneous information, signs, or slogans (e.g.,
DRIVE SAFELY) on placards, placard-type displays, and in placard
holders that by their color, shape, design or content could be mistaken
for a hazard warning placard. A mandatory compliance date of October 1,
2001 is provided for removal of extraneous information from placards,
placard-type displays, and in placard holders.
Section 172.504. Paragraph (b) is revised by lowering from 2,268
kilograms (5,000 pounds) to 1,000 kilograms (2,205 pounds) aggregate
gross weight, the amount of one category of material contained on a
transport vehicle, freight container or rail car for which specific
placarding is required, limiting use of the DANGEROUS placard. In
paragraph (e), Table 1 placard assignments are revised to add the new
POISON INHALATION HAZARD placard (Sec. 172.555) for Division 6.1, PG I,
Zone A and B materials and to include the entry ``5.2 (Organic
peroxide, Type B, liquid or solid, temperature controlled)'' in the
first column, the placard name ``ORGANIC PEROXIDE'' in the second
column, and ``Sec. 172.552'' in the third column. In Table 2, the entry
``5.2'' is replaced by the entry ``5.2 (Other than Organic peroxides,
Type B, liquid or solid, temperature controlled)'' in the first column.
In paragraph (f), an exception is provided from displaying a POISON
placard in those instances when a POISON INHALATION HAZARD placard or
POISON GAS placard is required.
Section 172.505. Paragraph (a) is revised to replace the word
``POISON'' with the words ``POISON INHALATION HAZARD'' to correctly
reference the new placard in the new Sec. 172.555 for Division 6.1, PG
I, Zone A and B materials.
Section 172.510. Since the provisions applying to the
specifications and use of the RESIDUE placard have been removed (HM-
216), the change proposed in Sec. 172.510 (HM-206), regarding reference
to the POISON-RESIDUE and POISON INHALATION HAZARD- RESIDUE placards,
is no longer necessary. In this final rule, paragraph (b) is removed,
as requirements for fumigated transport vehicles are relocated to
Secs. 172.302(g) and 173.9, and paragraph (c) is redesignated as
paragraph (b), and the words ``POISON GAS or POISON'' are replaced with
the words ``POISON GAS or POISON INHALATION HAZARD.''
Section 172.540. This section is revised to prescribe the new
POISON GAS placard.
Section 172.555. Section 172.555 is added to prescribe the new
POISON INHALATION HAZARD placard.
Section 172.602. RSPA proposed to revise paragraph (c) of this
section to clarify that emergency response information must be
``readily available to authorities''; however RSPA is not adopting the
proposed language in paragraph (c) because the basic elements of the
proposed change are adequately covered by the requirements in
Sec. 172.600(c). Paragraph (c)(1) of this section is revised to include
reference to the new Sec. 172.606, relative to carrier information
contact.
Section 172.606. This section is added to require each carrier who
transports a hazardous material to instruct the operator of a motor
vehicle, train, aircraft, or vessel to contact the carrier in the event
of an incident involving a hazardous material in transportation. This
section prescribes information requirements for a motor vehicle (e.g.
trailer or semi-trailer) separated from its motive power and parked at
other than a consignee's, consignor's or carrier's facility.
Section 173.9. The FUMIGANT marking requirements are revised and
expanded by (1) making them applicable to every material used to
fumigate the contents of a transport vehicle or freight container; (2)
expanding their application to all modes of transportation; (3)
specifying that a fumigated transport vehicle or freight container is a
``package'' for application of the fumigation requirements; (4)
adopting the international fumigant marking format; and (5) specifying
that a shipping paper accompanying an international shipment must
contain hazard warning information concerning the fumigant. In this
final rule, the proposed paragraph (g) is redesignated as paragraph
(h), and a new paragraph (g) is added to specify that persons subject
to the requirements of this section must be informed of the
requirements of this section.
Section 173.29. For clarity, the introductory text of paragraph
(b)(1) is revised to add the phrase ``any other markings indicating the
material is hazardous (e.g., RQ, INHALATION HAZARD).''
Section 174.26. Paragraph (a) is revised to specify that a train
consist must be ``updated'' to reflect the current position in the
train of each rail car containing a hazardous material. The text is
modified to allow the use of appended or attached documents to reflect
train placement. For ease of understanding, the complete text in this
section is republished as contained in the final rule in Docket HM-216.
Section 174.680. An editorial correction is made in this section to
add a reference to the new POISON INHALATION HAZARD label to prohibit
carrying poisonous materials in the same rail car with foodstuffs.
Section 175.630. This section is revised to add reference to the
new POISON INHALATION HAZARD label to prohibit carrying poisonous
materials in the same compartment of an aircraft with foodstuffs, and
to delete obsolete references to ``etiologic'' substances.

[[Page 1226]]

Section 176.600. An editorial correction is made in this section to
add a reference to the new POISON INHALATION HAZARD label to prohibit
carrying poisonous materials in the same vessel stowage area with
foodstuffs.
Section 177.841. This section is revised for consistency with the
changes in the final rule under Docket HM-222B [61 FR 27166; May 30,
1996], which revised requirements to prohibit carrying poisonous
materials in the same motor vehicle with foodstuffs, and an editorial
correction is made to add a reference to the new POISON INHALATION
HAZARD label.

V. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is considered a non-significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rulemaking
proceeding was originally considered significant because it was
required by Sec. 25 of the Hazardous Materials Transportation Uniform
Safety Act of 1990 (HMTUSA), and included consideration of methods for
establishing and operating a central reporting system and computerized
telecommunications data center covering all shipments of hazardous
materials by any mode of transportation, as well as improving the
system for placarding vehicles transporting hazardous materials.
However, this final rule makes relatively minor, incremental changes in
the regulations concerning placarding and other means of communicating
the hazards of materials in transportation. RSPA ended its
consideration of the central reporting system and computerized data
center, based on the adverse recommendation of the National Academy of
Sciences (NAS) study (also required by Sec. 25), the lack of support
from the regulated community, and the estimated high costs of
establishing such a system.
The original regulatory evaluation was reexamined and modified. The
economic impact of this rule will result in only minimal costs to
certain persons subject to the HMR. A significantly revised regulatory
evaluation reflecting the reduced economic impact of this final rule is
available for review in the docket.

B. Executive Order 12612

This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Federal law expressly preempts State, local, and Indian tribe
requirements applicable to the transportation of hazardous material
that cover certain subjects and are not substantively the same as
Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
pertaining to hazardous material, and requirements respecting the
number, content, and placement of such documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
This final rule preempts State, local, or Indian tribe requirements
concerning these subjects unless the non-Federal requirements are
``substantively the same'' (see 49 CFR 107.202(d)) as the Federal
requirements.
Federal law 49 U.S.C. 5125(b)(2) provides that if DOT issues a
regulation concerning any of the covered subjects, DOT must determine
and publish in the Federal Register the effective date of Federal
preemption. That effective date may not be earlier than the 90th day
following the date of issuance of the final rule and not later than two
years after the date of issuance. RSPA has determined that the
effective date of Federal preemption for these requirements will be
October 1, 1997. Thus, RSPA lacks discretion in this area, and
preparation of a federalism assessment is not warranted.

C. Regulatory Flexibility Act

I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. Although this final
rule applies to all shippers and carriers of hazardous materials, some
of whom are small entities, the requirements contained herein would not
result in significant economic impacts.

D. Paperwork Reduction Act

The information collection requirements in 49 CFR Parts 172 through
177 pertaining to shipping papers have been approved under OMB approval
number 2137-0035. The requirements in Sec. 173.9 that a shipping paper
contain hazard warning information concerning the fumigant for an
international shipment insignificantly increases the amount of burden
imposed by this collection. This information is a current requirement
for international shipments by vessel. RSPA believes that this change
in burden is not sufficient to warrant revision of the currently
approved information collection. Under the Paperwork Reduction Act of
1995, no person is required to respond to a collection of information
unless it displays a valid OMB control number.

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, Labeling,
Marking, 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.

[[Page 1227]]

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.

Sec. 171.8 [Amended]

2. In Sec. 171.8, the definition for ``Fumigated lading'' is added
in alphabetical order to read as follows:

Sec. 171.8 Definitions and abbreviations.

* * * * *
Fumigated lading. See Secs. 172.302(g) and 173.9.
* * * * *

Sec. 171.11 [Amended]

3. In Sec. 171.11, in paragraph (d)(9)(iii), the words ``with
`POISON' '' are replaced with the words ``with `POISON INHALATION
HAZARD' ''.

Sec. 171.12 [Amended]

4. In Sec. 171.12, in paragraph (b)(8)(iii), the words ``with
`POISON' '' are replaced with the words ``with `POISON INHALATION
HAZARD' ''.

Sec. 171.12a [Amended]

5. In Sec. 171.12a, in paragraph (b)(5)(iii), the words ``with
`POISON' '' are replaced with the words ``with `POISON INHALATION
HAZARD' ''.
6. In Sec. 171.14, paragraph (b) is revised to read as follows:

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

* * * * *
(b) Transitional placarding provisions. (1) Until October 1, 2001,
placards which conform to specifications for placards in effect on
September 30, 1991 or placards specified in the December 21, 1990 final
rule may be used, for highway transportation only, in place of the
placards specified in subpart F of part 172 of this subchapter, in
accordance with the following table:

Placard Substitution Table
------------------------------------------------------------------------
Current placard Old (Sept. 30, 1991)
Hazard class or division No. name placard name
------------------------------------------------------------------------
Division 1.1................. Explosives 1.1. Explosives A.
Division 1.2................. Explosives 1.2. Explosives A.
Division 1.3................. Explosives 1.3. Explosives B.
Division 1.4................. Explosives 1.4. Dangerous.
Division 1.5................. Explosives 1.5. Blasting agents.
Division 1.6................. Explosives 1.6. Dangerous.
Division 2.1................. Flammable gas.. Flammable gas.
Division 2.2................. Nonflammable Nonflammable gas.
gas.
Division 2.3................. Poison gas..... Poison gas.
Class 3...................... Flammable...... Flammable.
Combustible liquid........... Combustible.... Combustible.
Division 4.1................. Flammable solid Flammable solid.
Division 4.2................. Spontaneously Flammable solid.
combustible.
Division 4.3................. Dangerous when Flammable solid W.
wet.
Division 5.1................. Oxidizer....... Oxidizer.
Division 5.2................. Organic Organiic peroxide.
peroxide.
Division 6.1, PG I (Zone A Poison Poison.
and B, inhalation hazard). inhalation
hazard.
Division 6.1, PG I and II Poison......... Poison
(other than Zone A and B).
Division 6.1, PG III......... Keep away from (not applicable).
food.
Class 7...................... Radioactive.... Radioactive.
Class 8...................... Corrosive...... Corrosive.
Class 9...................... Class 9........ (none required).
------------------------------------------------------------------------

(2) For materials poisonous by inhalation, for highway and rail
transportation only, placards specified in the January 8, 1997, final
rule may be used, in accordance with the Placard Substitution Table in
paragraph (b)(1) of this section.
* * * * *

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

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

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

8. In Sec. 172.101, in the Table in paragraph (g), the entries for
label code 6.1 (I) \2\ and 6.1 (II) \2\ are removed and the following
entries are added in their place:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *
(g) * * *

Label Substitution Table
------------------------------------------------------------------------
Label code Label name
------------------------------------------------------------------------

* * * * *
6.1 (I, Zone A and B inhalation hazard) Poison Inhalation Hazard.
\2\.
6.1 (I, other than Zone A and B) \2\...... Poison.
6.1 (II, other than Zone A and B) \2\..... Poison.

* * * * *
------------------------------------------------------------------------

* * * * *
9. In Sec. 172.301, paragraph (a)(1) is revised, paragraphs (f)(1)
and (f)(2) are removed, and a new paragraph (a)(3) is added to read as
follows:

Sec. 172.301 General marking requirements for non-bulk packagings.

(a) * * *
(1) Except as otherwise provided by this subchapter, each person
who offers for transportation a hazardous material

[[Page 1228]]

in a non-bulk packaging shall mark the package with the proper shipping
name and identification number (preceded by ``UN'' or ``NA'', as
appropriate) for the material as shown in the Sec. 172.101 Table.
Identification numbers are not required on packages which contain only
limited quantities, as defined in Sec. 171.8 of this subchapter, or
ORM-D materials.
* * * * *
(3) Large quantities of hazardous materials in non-bulk packages. A
transport vehicle or freight container containing 4,000 kg (8,820
pounds) or more aggregate gross weight of a hazardous material having a
single identification number must be marked with the identification
number designated for the hazardous material in Sec. 172.101 as
specified in Sec. 172.332 or Sec. 172.336. This provision does not
apply to ORM-D materials or limited quantities of hazardous materials.
* * * * *
10. In Sec. 172.302, paragraph (g) is added to read as follows:

Sec. 172.302 General marking requirements for bulk packagings.

* * * * *
(g) A rail car, freight container, truck body or trailer in which
the lading has been fumigated with any hazardous material, or is
undergoing fumigation, must be marked as specified in Sec. 173.9 of
this subchapter.
11. In Sec. 172.313, paragraph (a) is revised and paragraph (c) is
added to read as follows:

Sec. 172.313 Poisonous hazardous materials.

(a) For materials poisonous by inhalation (see Sec. 171.8 of this
subchapter), the package shall be marked ``Inhalation Hazard'' in
association with the required labels or placards, as appropriate, or
shipping name when required. The ``Inhalation Hazard'' marking is not
required provided the package is already labeled as prescribed in
Sec. 172.429, or placarded as prescribed in Sec. 172.555. (See
Sec. 172.302(b) of this subpart for size of markings on bulk packages.)
Bulk packages must be marked on two opposing sides.
* * * * *
(c) A transport vehicle or freight container loaded with more than
1,000 kg (2,205 pounds) aggregate gross weight of packages containing a
material poisonous by inhalation shall be marked as required by
Sec. 172.332 with the identification number specified for the material,
in the Sec. 172.101 Table, on each side and each end of the transport
vehicle or freight container.
12. In Sec. 172.328, paragraph (a)(3) is added to read as follows:

Sec. 172.328 Cargo tanks.

(a) * * *
(3) For a cargo tank transported on or in a transport vehicle or
freight container, if the identification number marking on the cargo
tank required by Sec. 172.302(a) is not visible, the transport vehicle
or freight container must be marked as required by Sec. 172.332 on each
side and each end with the identification number specified for the
material in the Sec. 172.101 Table.
* * * * *
13. In Sec. 172.331, paragraph (c) is added to read as follows:

Sec. 172.331 Bulk packagings other than portable tanks, cargo tanks,
tank cars and multi-unit tank car tanks.

* * * * *
(c) For a bulk packaging contained in or on a transport vehicle or
freight container, if the identification number marking on the bulk
packaging (e.g., an IBC) required by Sec. 172.302(a) is not visible,
the transport vehicle or freight container must be marked as required
by Sec. 172.332 on each side and each end with the identification
number specified for the material in the Sec. 172.101 Table.
14. In Sec. 172.332, paragraph (a) is revised to read as follows:

Sec. 172.332 Identification number markings.

(a) General. When required by Secs. 172.301, 172.302, 172.313,
172.326, 172.328, 172.330, or 172.331 of this subpart, identification
numbers must be displayed on orange panels or placards as specified in
this section or, when appropriate, on plain white square-on-point
configurations as prescribed in Sec. 172.336(b).
* * * * *
15. In Sec. 172.400, the table of label designations in paragraph
(b) is revised to read as follows:

Sec. 172.400 General labeling requirements.

* * * * *
(b) * * *

------------------------------------------------------------------------
Label
design or
Hazard class or division Label name section
reference
------------------------------------------------------------------------
1.1.............................. EXPLOSIVES 1.1.......... 172.411
1.2.............................. EXPLOSIVES 1.2.......... 172.411
1.3.............................. EXPLOSIVES 1.3.......... 172.411
1.4.............................. EXPLOSIVES 1.4.......... 172.411
1.5.............................. EXPLOSIVES 1.5.......... 172.411
1.6.............................. EXPLOSIVES 1.6.......... 172.411
2.1.............................. FLAMMABLE GAS........... 172.417
2.2.............................. NONFLAMMABLE GAS........ 172.415
2.3.............................. POISON GAS.............. 172.416
3 (flammable liquid) Combustible FLAMMABLE LIQUID (none). 172.419
liquid.
4.1.............................. FLAMMABLE SOLID......... 172.420
4.2.............................. SPONTANEOUSLY 172.422
COMBUSTIBLE.
4.3.............................. DANGEROUS WHEN WET...... 172.423
5.1.............................. OXIDIZER................ 172.426
5.2.............................. ORGANIC PEROXIDE........ 172.427
6.1 (Packing Group I, Zone A and POISON INHALATION HAZARD 172.429
B).
6.1 (Packing Groups I and II, POISON.................. 172.430
other than inhalation hazard).
6.1 (Packing Group III).......... KEEP AWAY FROM FOOD..... 172.431
6.2.............................. INFECTIOUS SUBSTANCE \1\ 172.432
7 (see Sec. 172.403)............ RADIOACTIVE WHITE-I..... 172.436
7................................ RADIOACTIVE YELLOW-II... 172.438
7................................ RADIOACTIVE YELLOW-III.. 172.440
7 (empty packages, see Sec. EMPTY................... 172.450
173.427).
8................................ CORROSIVE............... 172.442

[[Page 1229]]

9................................ CLASS 9................. 172.446
------------------------------------------------------------------------
\1\ The ETIOLOGIC AGENT label specified in regulations of the Department
of Health and Human Services at 42 CFR 72.3 may apply to packages of
infectious substances.

16. Section 172.416 is revised to read as follows:

Sec. 172.416 POISON GAS label.

(a) Except for size and color, the POISON GAS label must be as
follows:

BILLING CODE 4910-60-P

[GRAPHIC] [TIFF OMITTED] TR08JA97.000

(b) In addition to complying with Sec. 172.407, the background on
the POISON GAS label and the symbol must be white. The background of
the upper diamond must be black and the lower point of the upper
diamond must be 14 mm (0.54 inches) above the horizontal center line.
17. Section 172.429 is added to read as follows:

Sec. 172.429 POISON INHALATION HAZARD label.

(a) Except for size and color, the POISON INHALATION HAZARD label
must be as follows:

[[Page 1230]]

[GRAPHIC] [TIFF OMITTED] TR08JA97.001

BILLING CODE 4910-60-C

(b) In addition to complying with Sec. 172.407, the background on
the POISON INHALATION HAZARD label and the symbol must be white. The
background of the upper diamond must be black and the lower point of
the upper diamond must be 14 mm (0.54 inches) above the horizontal
center line.
18. In Sec. 172.502, paragraph (a)(2) is revised and paragraph
(b)(3) is added to read as follows:

Sec. 172.502 Prohibited and permissive placarding.

(a) * * *
(2) Any sign, advertisement, slogan (such as ``Drive Safely''), or
device that, by its color, design, shape or content, could be confused
with any placard prescribed in this subpart.
(b) * * *
(3) The restrictions in paragraph (a)(2) of this section do not
apply until October 1, 2001 to a safety sign or safety slogan (e.g.,
``Drive Safely'' or ``Drive Carefully''), which was permanently marked,
on or before October 1, 1996, on a transport vehicle, bulk packaging,
or freight container.
* * * * *
19. In Sec. 172.504, paragraph (f)(11) is added, and paragraphs (b)
and (e) are revised to read as follows:

Sec. 172.504 General placarding requirements.

* * * * *
(b) DANGEROUS placard. A freight container, unit load device,
transport vehicle, or rail car which contains non-bulk packages with
two or more categories of hazardous materials that require different
placards specified in Table 2 of paragraph (e) of this section may be
placarded with a DANGEROUS placard instead of the separate placarding
specified for each of the materials in Table 2 of paragraph (e) of this
section. However, when 1,000 kg (2,205 pounds) aggregate gross weight
or more of one category of material is loaded therein at one loading
facility on a freight container, unit load device, transport vehicle,
or rail car, the placard specified in Table 2 of paragraph (e) of this
section for that category must be applied.
* * * * *
(e) Placarding tables. Placards are specified for hazardous
materials in accordance with the following tables:

Table 1
------------------------------------------------------------------------
Placard
Category of material (Hazard design
class or division number and Placard name section
additional description, as reference
appropriate) (Sec. )
------------------------------------------------------------------------
1.1.............................. EXPLOSIVES 1.1.......... 172.522
1.2.............................. EXPLOSIVES 1.2.......... 172.522
1.3.............................. EXPLOSIVES 1.3.......... 172.522
2.3.............................. POISON GAS.............. 172.540
4.3.............................. DANGEROUS WHEN WET...... 172.548
5.2 (Organic peroxide, Type B, ORGANIC PEROXIDE........ 172.552
liquid or solid, temperature
controlled).
6.1 (PG I, inhalation hazard, POISON INHALATION HAZARD 172.555
Zone A and B).
------------------------------------------------------------------------

[[Page 1231]]

Table 1--Continued
------------------------------------------------------------------------
Placard
Category of material (Hazard design
class or division number and Placard name section
additional description, as reference
appropriate) (Sec. )
------------------------------------------------------------------------
7 (Radioactive Yellow III label RADIOACTIVE \1\......... 172.556
only).
------------------------------------------------------------------------
\1\ RADIOACTIVE placard also required for exclusive use shipments of low
specific activity material in accordance with Sec. 173.425 (b) or (c)
of this subchapter.

Table 2
------------------------------------------------------------------------
Placard
Category of material (Hazard design
class or division number and Placard name section
additional description, as reference
appropriate) (Sec. )
------------------------------------------------------------------------
1.4.............................. EXPLOSIVES 1.4.......... 172.523
1.5.............................. EXPLOSIVES 1.5.......... 172.524
1.6.............................. EXPLOSIVES 1.6.......... 172.525
2.1.............................. FLAMMABLE GAS........... 172.532
2.2.............................. NON-FLAMMABLE GAS....... 172.528
3................................ FLAMMABLE............... 172.542
Combustible liquid............... COMBUSTIBLE............. 172.544
4.1.............................. FLAMMABLE SOLID......... 172.546
4.2.............................. SPONTANEOUSLY 172.547
COMBUSTIBLE.
5.1.............................. OXIDIZER................ 172.550
5.2 (Other than organic peroxide, ORGANIC PEROXIDE........ 172.552
Type B, liquid or solid,
temperature controlled).
6.1 (PG I or II, other than PG I POISON.................. 172.554
inhalation hazard).
6.1 (PG III)..................... KEEP AWAY FROM FOOD..... 172.553
6.2.............................. (None).................. ...........
8................................ CORROSIVE............... 172.558
9................................ CLASS 9................. 172.560
ORM-D............................ (None).................. ...........
------------------------------------------------------------------------

(f) * * *
(11) For domestic transportation, a POISON placard is not required
on a transport vehicle or freight container required to display a
POISON INHALATION HAZARD or POISON GAS placard.
* * * * *
20. In Sec. 172.505, paragraph (a) is revised to read as follows:

Sec. 172.505 Placarding for subsidiary hazards.

(a) Each transport vehicle, freight container, portable tank, unit
load device, or rail car that contains a poisonous material subject to
the ``Poison Inhalation Hazard'' shipping description of
Sec. 172.203(m)(3) must be placarded with a POISON INHALATION HAZARD or
POISON GAS placard, as appropriate, on each side and each end, in
addition to any other placard required for that material in
Sec. 172.504. Duplication of the POISON INHALATION HAZARD or POISON GAS
placard is not required.
* * * * *

Sec. 172.510 [Amended]

21. In Sec. 172.510, the following changes are made:
a. Paragraph (b) is removed.
b. Paragraph (c) is redesignated as paragraph (b), and the phrase
``POISON GAS or POISON'' is replaced with the phrase ``POISON GAS or
POISON INHALATION HAZARD.''
22. Section 172.540 is revised to read as follows:

Sec. 172.540 POISON GAS placard.

(a) Except for size and color, the POISON GAS placard must be as
follows:

BILLING CODE 4910-60-P

[[Page 1232]]

[GRAPHIC] [TIFF OMITTED] TR08JA97.002

[[Page 1233]]

(b) In addition to complying with Sec. 172.519, the background on
the POISON GAS placard and the symbol must be white. The background of
the upper diamond must be black and the lower point of the upper
diamond must be 38 mm (1\1/2\ inches) above the horizontal center line.
The text, class number, and inner border must be black.
23. Section 172.555 is added to read as follows:

Sec. 172.555 POISON INHALATION HAZARD placard.

(a) Except for size and color, the POISON INHALATION HAZARD placard
must be as follows:
[GRAPHIC] [TIFF OMITTED] TR08JA97.003

BILLING CODE 4910-60-C

[[Page 1234]]

(b) In addition to complying with Sec. 172.519, the background on
the POISON INHALATION HAZARD placard and the symbol must be white. The
background of the upper diamond must be black and the lower point of
the upper diamond must be 38 mm (1\1/2\ inches) above the horizontal
center line. The text, class number, and inner border must be black.
24. In Sec. 172.602, paragraph (c)(1) is revised to read as
follows:

Sec. 172.602 Emergency response information.

* * * * *
(c) * * *
(1) Carriers. Each carrier who transports a hazardous material
shall maintain the information specified in paragraph (a) of this
section and Sec. 172.606 of this part in the same manner as prescribed
for shipping papers, except that the information must be maintained in
the same manner aboard aircraft as the notification of pilot-in-
command, and aboard vessels in the same manner as the dangerous cargo
manifest. This information must be immediately accessible to train crew
personnel, drivers of motor vehicles, flight crew members, and bridge
personnel on vessels for use in the event of incidents involving
hazardous materials.
* * * * *
25. Section 172.606 is added to read as follows:

Sec. 172.606 Carrier information contact.

Each carrier who transports or accepts for transportation a
hazardous material for which a shipping paper is required--
(a) Shall instruct the operator of a motor vehicle, train,
aircraft, or vessel to contact the carrier (e.g., by telephone or
mobile radio) in the event of an incident involving the hazardous
material.
(b) For transportation by highway, if a transport vehicle, (e.g., a
semi-trailer or freight container-on-chassis) contains hazardous
material for which a shipping paper is required and the vehicle is
separated from its motive power and parked at a location other than a
consignee's, consignor's, or carrier's facility, the carrier shall--
(1) Comply with the emergency response information requirements for
facility operators specified in Sec. 172.602(c)(2);
(2) Mark the transport vehicle with the telephone number of the
motor carrier on the front of the transport vehicle near the brake hose
and electrical connections; or
(3) Have the shipping paper and emergency response information
readily available on the transport vehicle.

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

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

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

27. Section 173.9 is revised to read as follows:

Sec. 173.9 Transport vehicles or freight containers containing lading
which has been fumigated.

(a) For the purpose of this section, not including 49 CFR part 387,
a rail car, freight container, truck body, or trailer in which the
lading has been fumigated with any material, or is undergoing
fumigation, is a package containing a hazardous material, unless the
transport vehicle or freight container has been sufficiently aerated so
that it does not pose an unreasonable risk to health and safety.
(b) No person may offer for transportation or transport a rail car,
freight container, truck body, or trailer in which the lading has been
fumigated or treated with any material, or is undergoing fumigation,
unless the FUMIGANT marking specified in paragraph (c) of this section
is prominently displayed so that it can be seen by any person
attempting to enter the interior of the transport vehicle or freight
container. For domestic transportation, a hazard warning label
authorized by EPA under 40 CFR part 156 may be used as an alternative
to the FUMIGANT marking.
(c) FUMIGANT marking. (1) The FUMIGANT marking must consist of red
letters on a white background that is at least 30 cm (11.8 inches) wide
and at least 25 cm (9.8 inches) high. Except for size and color, the
FUMIGANT marking must be as follows:

BILLING CODE 4910-60-P

[[Page 1235]]

[GRAPHIC] [TIFF OMITTED] TR08JA97.004

BILLING CODE 4910-60-C

[[Page 1236]]

(2) The ``*'' shall be replaced with the technical name of the
fumigant.
(d) No person may affix or display on a rail car, freight
container, truck body, or trailer (a package) the FUMIGANT marking
specified in paragraph (c) of this section, unless the lading has been
fumigated or is undergoing fumigation.
(e) The FUMIGANT marking required by paragraph (b) of this section
must remain on the rail car, freight container, truck body, or trailer
until:
(1) The fumigated lading is unloaded; and
(2) The transport vehicle or freight container has undergone
sufficient aeration to assure that it does not pose an unreasonable
risk to health and safety.
(f) For international shipments, transport documents must indicate
the date of fumigation, type and amount of fumigant used, and
instructions for disposal of any residual fumigant, including
fumigation devices.
(g) Any person subject to the requirements of this section, solely
due to the fumigated lading, must be informed of the requirements of
this section and the safety precautions necessary to protect themselves
and others in the event of an incident or accident involving the
fumigated lading.
(h) Any person who offers for transportation or transports a rail
car, freight container, truck body or trailer that is subject to this
subchapter solely because of the hazardous materials designation
specified in paragraph (a) of this section is not subject to any other
requirements of this subchapter.
28. In Sec. 173.29, paragraph (b)(1) is revised to read as follows:

Sec. 173.29 Empty packagings.

* * * * *
(b) * * *
(1) Any hazardous material shipping name and identification number
markings, any hazard warning labels or placards, and any other markings
indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD)
are removed, obliterated, or securely covered in transportation. This
provision does not apply to transportation in a transport vehicle or a
freight container if the packaging is not visible in transportation and
the packaging is loaded by the shipper and unloaded by the shipper or
consignee;
* * * * *

PART 174--CARRIAGE BY RAIL

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

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

30. Section 174.26 is revised to read as follows:

Sec. 174.26 Notice to train crews of placarded cars.

(a) The train crew must have a document that reflects the current
position in the train of each rail car containing a hazardous material.
The train crew must update the document to indicate changes in the
placement of a rail car within the train. For example, the train crew
may update the document by handwriting on it or by appending or
attaching another document to it.
(b) A member of the crew of a train transporting a hazardous
material must have a copy of a document for the hazardous material
being transported showing the information required by part 172 of this
subchapter.
31. In Sec. 174.680, paragraph (a) is revised to read as follows:

Sec. 174.680 Division 6.1 (poisonous) materials with foodstuffs.

(a) A carrier may not transport any package bearing a POISON or
POISON INHALATION HAZARD label in the same car with any material marked
as or known to be a foodstuff, feed, or any other edible material
intended for consumption by humans or animals.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

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

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

33. Section 175.630 is revised to read as follows:

Sec. 175.630 Special requirements for Division 6.1 (poisonous)
material and Division 6.2 (infectious substance) material.

(a) A hazardous material bearing a POISON, POISON INHALATION
HAZARD, KEEP AWAY FROM FOOD, or INFECTIOUS SUBSTANCE label may not be
carried in the same compartment of an aircraft with material which is
marked as or known to be a foodstuff, feed, or any other edible
material intended for consumption by humans or animals unless either
the Division 6.1 (poisonous) material or material in Division 6.2
(infectious substance) and the foodstuff, feed, or other edible
material are loaded in separate unit load devices which, when stowed on
the aircraft, are not adjacent to each other, or the Division 6.1
(poisonous) material or material in Division 6.2 (infectious substance)
are loaded in one closed unit load device and the foodstuff, feed or
other material is loaded in another closed unit load device.
(b) No person may operate an aircraft that has been used to
transport any package bearing a POISON or POISON INHALATION HAZARD
label unless, upon removal of such package, the area in the aircraft in
which it was carried is visually inspected for evidence of leakage,
spillage, or other contamination. All contamination discovered must be
either isolated or removed from the aircraft. The operation of an
aircraft contaminated with such Division 6.1 (poisonous) materials is
considered to be the carriage of poisonous materials under paragraph
(a) of this section.

PART 176--CARRIAGE BY VESSEL

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

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

35. In Sec. 176.600, paragraph (a) is revised to read as follows:

Sec. 176.600 General stowage requirement.

(a) Each package required to have a POISON GAS, POISON INHALATION
HAZARD, or POISON label thereon being transported on a vessel must be
stowed clear of living quarters and any ventilation ducts serving
living quarters and separate from foodstuffs.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

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

37. In Sec. 177.841, paragraph (e) introductory text is republished
and paragraphs (e)(1) and (e)(2) are revised to read as follows:

Sec. 177.841 Division 6.1 (poisonous) and Division 2.3 (poisonous gas)
materials.

* * * * *
(e) A motor carrier may not transport a package:
(1) Bearing or required to bear a POISON or POISON INHALATION
HAZARD label in the same motor vehicle with material that is marked as
or known to be a foodstuffs, feed or edible material intended for
consumption by humans or animals unless the poisonous material is
packaged in accordance with this subchapter and is:
(i) Overpacked in a metal drum as specified in Sec. 173.25(c) of
this subchapter; or
(ii) Loaded into a closed unit load device and the foodstuffs,
feed, or other

[[Page 1237]]

edible material are loaded into another closed unit load device;
(2) Bearing or required to bear a POISON, POISON GAS or POISON
INHALATION HAZARD label in the driver's compartment (including a
sleeper berth) of a motor vehicle; or
* * * * *
Issued in Washington, DC on December 30, 1996, under authority
delegated in 49 CFR Part 1.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 97-189 Filed 1-7-97; 8:45 am]
BILLING CODE 4910-60-P