[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Rules and Regulations]
[Pages 39398-39409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18995]



[[Page 39397]]

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Part VI





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Parts 171 and 172



Improvements to Hazardous Materials Identification Systems; Corrections 
and Responses to Petition for Reconsideration; Final Rule





  Federal Register / Vol. 62, No. 140 / Tuesday, July 22, 1997 / Rules 
and Regulations  

[[Page 39398]]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171 and 172

[Docket No. HM-206]
RIN 2137-AB75


Improvements to Hazardous Materials Identification Systems; 
Corrections and Responses to Petitions for Reconsideration

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

ACTION: Final rule; editorial revisions and responses to petitions for 
reconsideration.

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SUMMARY: In this rule, RSPA is making changes to a final rule published 
on January 8, 1997, in which RSPA amended the Hazardous Materials 
Regulations to better identify and communicate the hazards associated 
with hazardous materials in transportation in commerce. This final rule 
corrects errors in, and responds to petitions for reconsideration of, 
the January 8, 1997 final rule. The changes in this final rule include 
postponement until October 1, 1998, of the effective date of the 
January 8, 1997 final rule, and October 1, 1999, of the date for 
compliance with a requirement for new labels on packagings containing 
materials poisonous by inhalation.
    As modified by this final rule, the January 8, 1997 final rule is 
intended to assist emergency response personnel in responding to and 
mitigating the effects of incidents involving the transportation of 
hazardous materials, and to improve safety to transportation workers 
and the public.

DATES: Effective date: The effective date for the final rule published 
under this docket at 62 FR 1217 on January 8, 1997, is delayed until 
October 1, 1998. This final rule is effective October 1, 1998.
    Compliance date: Voluntary compliance with the January 8, 1997 
final rule has been authorized beginning February 11, 1997. Voluntary 
compliance with this final rule is authorized beginning July 22, 1997.

FOR FURTHER INFORMATION CONTACT: Helen L. Engrum or Paul Polydores, 
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

    On January 8, 1997, RSPA published a final rule (62 FR 1217) in the 
Federal Register under Docket HM-206 that amended the hazard 
communication requirements in the Hazardous Materials Regulations 
(HMR), 49 CFR Parts 171-180, to enhance the identification of hazardous 
materials during their transportation in commerce. This rule was issued 
in response to Section 25 of the Hazardous Materials Transportation 
Uniform Safety Act of 1990 (HMTUSA) (Pub. L. 101-615), which required 
the Secretary of Transportation to initiate a rulemaking to, among 
other matters, determine methods of improving the existing system of 
placarding vehicles transporting hazardous materials.
    RSPA received more than 20 petitions for reconsideration of that 
rule and other inquiries and comments identifying errors and requesting 
clarification. The petitions for reconsideration requested changes to: 
(1) The effective date for parts or all of the final rule, including 
postponement or withdrawal of new requirements applicable to materials 
poisonous by inhalation (PIH) until such time as similar requirements 
are adopted as international standards; (2) the requirements to display 
identification number markings on transport vehicles and freight 
containers containing large quantities of hazardous materials in non-
bulk packages and on closed vehicles containing bulk packagings; (3) 
the reduction from 2,268 kg (5,000 lbs.) to 1,000 kg (2,205 lbs.) of 
the maximum allowable weight of a mixed load of ``Table 2'' hazardous 
materials for which the alternative DANGEROUS placard may be used; and 
(4) requirements for marking the transport vehicle with the carrier's 
telephone number, or to have the shipping paper and emergency response 
information readily available on the transport vehicle, when that 
vehicle is separated from its motive power and parked at a location 
other than a consignee's, consignor's, or carrier's facility.

II. Summary of Regulatory Changes

    In this final rule, RSPA is postponing for one year, until October 
1, 1998, the effective date of the January 8, 1997 final rule. RSPA is 
also postponing for an additional year, until October 1, 1999, the 
compliance date for use of the new PIH labels for gases and certain 
liquids that are materials poisonous by inhalation. The compliance date 
for use of the new PIH placards remains October 1, 2001. RSPA is also 
making other changes in response to the petitions for reconsideration 
or to correct and clarify the January 8, 1997 final rule where 
appropriate. This final rule clarifies the January 8, 1997 final rule 
and makes certain corrections to carry out its intent. It imposes no 
significant regulatory burden and, in many cases, relaxes provisions of 
the January 8, 1997 final rule.
    The preamble to the January 8, 1997 final rule included a table 
summarizing the amendments to the HMR in that rule and the compliance 
date for each. 62 FR 1224. That table is republished and revised below 
to summarize the changes made in this rulemaking, as modified by this 
document. The revised form of this table below corrects a typographical 
error in the January 8, 1997 final rule, where the table incorrectly 
listed October 1, 2001 as the date for compliance with the changes to 
Secs. 172.302 and 173.9, concerning the FUMIGANT marking. In the 
following table, ``revised'' means there is a change to the rule 
published on January 8, 1997 (beyond postponement of the compliance 
date).

----------------------------------------------------------------------------------------------------------------
              Section                        Action                Discussion              Compliance date      
----------------------------------------------------------------------------------------------------------------
Sec.  172.301......................  ID No. marking on       New requirement;        Oct. 1, 1998.              
                                      vehicle loaded with     revised.                                          
                                      only one hazmat in                                                        
                                      non-bulk packages at                                                      
                                      one originating                                                           
                                      facility.                                                                 
Sec.  172.313......................  ID No. marking on       New requirement;        Oct. 1, 1998.              
                                      vehicle for a single    revised.                                          
                                      PIH material with 1,000 kg in                                                        
                                      non-bulk packages.                                                        
Sec.  172.328......................  ID No. marking display  New requirement;        Oct. 1, 1998.              
                                      on closed vehicle       revised.                                          
                                      containing cargo                                                          
                                      tanks.                                                                    
Sec.  172.331......................  ID No. marking display  Expansion of current    Oct. 1, 1998.              
                                      on closed vehicle       requirement                                       
                                      containing other bulk   applicable to                                     
                                      packagings (e.g.        portable tanks.                                   
                                      IBCs).                                                                    
Secs.  172.416 & 172.429...........  PIH labels for gases    Replaces POISON label   Oct. 1, 1999.              
                                      and certain liquids     and POISON GAS label                              
                                      that are materials      design; revised.                                  
                                      poisonous by                                                              
                                      inhalation.                                                               

[[Page 39399]]

                                                                                                                
Sec.  172.504(b)...................  Specific placard        Reduction of 2,268 kg   Oct. 1, 1998.              
                                      required when 1,000 kg of one      which the alternate                               
                                      class of Table 2        DANGEROUS placard is                              
                                      hazmat on a vehicle.    permitted on mixed                                
                                                              loads.                                            
Sec.  172.606(a)...................  Carrier must instruct   New requirement.......  Oct. 1, 1998.              
                                      operator of motor                                                         
                                      vehicle to contact                                                        
                                      the company in the                                                        
                                      event of a hazmat                                                         
                                      incident.                                                                 
Sec.  172.606(b)...................  Requiring information   New requirement;        Oct. 1, 1998.              
                                      with parked (dropped)   revised.                                          
                                      motor vehicle.                                                            
Secs.  172.302 & 173.9.............  FUMIGANT marking,       Expansion of existing   Oct. 1, 1998.              
                                      applying to all modes.  requirements and                                  
                                                              adoption of                                       
                                                              international design.                             
Sec.  172.502......................  Prohibited display of   Expansion of existing   Oct. 1, 2001.              
                                      extraneous              requirements; revised.                            
                                      information on                                                            
                                      placard and in                                                            
                                      placard holder.                                                           
Secs.  172.540 & 172.555...........  PIH placards for gases  Replaces POISON and     Oct. 1, 2001.              
                                      and certain liquids     POISON GAS placard                                
                                      that are materials      design; revised.                                  
                                      poisonous by                                                              
                                      inhalation.                                                               
----------------------------------------------------------------------------------------------------------------

    Any petition for reconsideration that is not granted in this final 
rule is denied.

III. Editorial Changes and Responses to Petitions

A. Extension of Effective Date

    Approximately half of the petitions for reconsideration objected to 
RSPA's issuance of new labeling and placarding requirements for PIH 
materials in advance of adoption of similar requirements by the United 
Nations Committee of Experts. These requirements included a revised 
POISON GAS label and placard for Division 2.3 materials and a new 
POISON INHALATION HAZARD label and placard for Division 6.1 materials 
in Hazard Zones A or B. (Unless the context indicates otherwise, the 
terms ``PIH labels'' and ``PIH placards'' refer, respectively, to the 
new labels and placards for materials in both Divisions 2.3 and 6.1.) 
Except for the hazard class number (and the larger size of placards), 
all of these new labels and placards are identical in format including, 
when text is included, the words ``Inhalation Hazard.''
    The Hazardous Materials Advisory Council stated that the United 
States should not require the distinctive PIH labels and placards until 
an international standard is developed and adopted. Compressed Gas 
Association, Inc. (CGA) and the Chlorine Institute asked that the date 
for mandatory use of the PIH labels be delayed until October 1, 2001, 
when the new placards are required. They stated that inspection and 
emergency response personnel would be confused when the old POISON GAS 
placards (all white background with optional ``Poison Gas'' wording) 
were on a vehicle containing cylinders with the revised POISON GAS 
labels (black background of upper diamond and optional ``Inhalation 
Hazard'' wording). These petitioners also stated that additional time 
was needed to obtain and affix the new labels and conduct training; 
according to CGA, cylinders are often out of their owners' control for 
extended periods of time.
    The Vessel Operators Hazardous Materials Association, Inc. asked 
that the October 1, 2001 compliance date for use of the PIH placard be 
made applicable to all shipments by all modes, on the ground that this 
transition period should apply to all intermodal shipments that include 
transportation by vessel. The National Welding Supply Association 
(NWSA) and one of its members stated that the October 1, 2001 
compliance date for use of the new POISON GAS placard would not provide 
any relief because placing the identification number on the placard 
seemed to be the only practical way of meeting the requirement in 
Sec. 172.313 for marking the identification number on vehicles 
containing more than 1,000 kg. of PIH materials. These petitioners 
indicated that it would be impractical to install permanently-mounted 
``flip-type'' placards now and then change to a new set in 2001. The 
NWSA member asked that, if RSPA decided not to change the marking and 
labeling requirements for PIH materials, the compliance date for the 
identification marking and new POISON GAS label be extended by two 
years until October 1, 1999.
    Other petitioners requested that the date for voluntary compliance 
with the new requirements concerning PIH shipments be postponed to 
allow additional time for training. The Los Angeles Police Department 
(LAPD) stated that the January 8, 1997 final rule allowed the removal 
of the ``Inhalation Hazard'' marking from a packaging of PIH materials 
as soon as February 11, 1997, if the packaging had the new PIH label or 
placard, which, as noted by a LAPD officer, are not required to contain 
the ``Inhalation Hazard'' wording. See Secs. 172.405(a), 172.519(b)(3). 
LAPD asked that shippers not be allowed to remove the ``Inhalation 
Hazard'' marking until the next printing of the North American 
Emergency Response Guidebook, but that a delay of 18 months was the 
``absolute minimum acceptable time for national responder awareness and 
training.'' CGA submitted an additional letter in which it stated that 
it supports LAPD's petition to allow sufficient time for responders to 
become familiar with new labels, placards, and markings.
    Another petitioner focused on the lowering, from 2,268 kg (5,000 
lbs.) to 1,000 kg (2,205 lbs.), of the upper weight limit for the 
alternative use of the DANGEROUS placard for mixed loads of hazardous 
materials listed in Table 2 of Sec. 172.504(e). It stated that, because 
shippers and their employees are familiar with the English system of 
measurement, they will have difficulty remembering the ``odd number'' 
of 2,205 lbs. as the equivalent to 1,000 kg for the threshold at which 
the DANGEROUS placard may not be used. On this ground, it requested a 
delay until October 1, 2001, for compliance with the lowered 1,000 kg 
threshold, to allow additional time for shippers ``to convert to SI 
units'' and for carriers to train their employees.
    Other petitioners asked that the effective date of the entire rule 
be postponed. American Trucking Associations (ATA) stated that eight 
months was not sufficient for training employees in the changes in the 
January 8, 1997 final rule, and it recommended that RSPA delay 
compliance for one year until October 1, 1998, to provide adequate time 
for training and implementation.
    After carefully considering these petitions, RSPA is postponing for 
one year, until October 1, 1998, the effective date of the January 8, 
1997 final rule. In a new Sec. 171.14(e), RSPA is also postponing for 
an additional year, until

[[Page 39400]]

October 1, 1999, the compliance date for use of the new PIH labels. 
RSPA plans to issue in 1999 a new edition of the North American 
Emergency Response Guidebook, which would be available when the new PIH 
labels and placards will be required.
    These postponements will allow sufficient additional time for 
shippers, carriers, and emergency response personnel to implement the 
new requirements and train their employees. The postponement of the 
compliance date for use of the new PIH label will also allow time for 
the U.N. Committee of Experts on the Transport of Dangerous Goods to 
consider the United States' proposals for international adoption of the 
PIH marking, labeling and placarding requirements adopted in the 
January 8, 1997 final rule.
    The one-year postponement in the effective date (until October 1, 
1998) applies to the amendment of Sec. 172.504(b), concerning the upper 
weight limit for use of the alternative DANGEROUS placard. Beyond that, 
RSPA is not extending the date for compliance with the reduction in the 
maximum allowable weight (from 2,268 kg to 1,000 kg) of a mixed load of 
Table 2 hazardous materials for which the alternative DANGEROUS placard 
may not be used. The International System of Units (``SI'' or metric) 
has been the HMR ``regulatory standard'' since October 1, 1991 (the 
effective date of the final rule in Docket No. HM-181), Sec. 171.10(a), 
and the postponement of the effective date of this change (until 
October 1, 1998) should be sufficient time for training.
    The October 1, 2001 compliance date is retained for use of the new 
placards for PIH materials, but RSPA is adding a footnote to the 
Placard Substitution Table in Sec. 171.14(b) to clarify that, for PIH 
materials, until October 1, 2001, shippers by all modes have the 
options of using placards that meet the requirements (1) in effect 
prior to October 1, 1991 (the effective date of changes made in the 
rulemaking under Docket No. HM-181), (2) adopted in the final rule in 
HM-181, or (3) adopted in the January 8, 1997 final rule, as modified 
in this document. (As discussed in the next section, the entries for 
Division 6.1 materials in the Placard Substitution Table are also being 
revised.)
    RSPA does not believe it is necessary or appropriate to modify the 
existing voluntary compliance date. The primary concern raised in this 
regard is the possible removal of the ``Inhalation Hazard'' marking 
when the new PIH label or placard is used. RSPA is addressing this 
concern by revising Sec. 172.313(a) to allow removal of the 
``Inhalation Hazard'' marking only when those same words appear on the 
label or placard, as applicable.
    RSPA also believes that, with the additional year for training 
before the effective date of October 1, 1998, responders will not be 
confused by small differences between placards on a transport vehicle 
and labels on cylinders within the vehicle, inasmuch as the words 
``Inhalation Hazard'' will be required on the cylinder or other 
packaging (either as a marking or on the label). Some variations have 
always existed between placards and labels, particularly in light of 
the transitional provisions in Sec. 171.14(b) that have applied since 
1991. Moreover, by providing until October 1, 1999, before use of the 
new PIH labels is required, RSPA has reduced from four years to two 
years the period when the PIH label is required before the PIH placard 
must be used.

B. PIH Labels, Placards, and Marking

    As published in the Federal Register, the graphics of the new PIH 
labels and placards shown in the January 8, 1997 rule were inaccurate. 
The shape of the upper diamond (containing a skull and cross-bones on a 
black background) is square-on-point. Moreover, it is necessary to 
increase the distance between the lower point of the upper diamond and 
the horizontal center line of the placard to allow for display of 
identification numbers, under the option allowed in Sec. 172.332(a). 
These errors are corrected in this document. See Secs. 172.416, 
172.429, 172.540, and 172.555.
    One petitioner and several persons who telephoned brought to RSPA's 
attention that certain liquids in Division 6.1, Packing Group II, had 
been omitted from the PIH materials referenced in the Placard 
Substitution Table in Sec. 171.14(b), the Label Substitution Table in 
Sec. 172.101(g), the table of label designations in Sec. 172.400(b), 
and placarding Table 1 in Sec. 172.504(e). Although these materials do 
not meet the classification criteria in the UN Recommendations for an 
inhalation hazard, they are designated as PIH materials in the HMR 
because they are poisonous by inhalation. Examples of these materials 
are ``Bromoacetone, 6.1, UN 1569, PG II,'' and ``Phenyl Isocyanate, 
6.1, UN 2488, PG II.''
    The four tables in Secs. 171.14(b), 172.101(g), 172.400(b), and 
172.504(e) are being revised to specify the POISON INHALATION HAZARD 
label and placard for all materials in Division 6.1 (inhalation hazard, 
Zone A or B) and to specify the POISON label and placard for materials 
in Division 6.1 (PG I or II, other than Zone A or B inhalation hazard).
    As already stated, Sec. 172.313(a) is being revised to specify that 
the ``Inhalation Hazard'' marking may be omitted only when those words 
appear on the PIH label or placard, as applicable.
    RSPA is also revising Sec. 172.313(c) in response to petitions 
which expressed concern about possible miscommunication of actual risk 
to emergency responders resulting from too many identification numbers 
because of the requirement to mark a transport vehicle or freight 
container with identification numbers of PIH material in non-bulk 
packagings which total more than 1,000 kg (2,205 lbs.) aggregate gross 
weight. As revised in this document, Sec. 172.313(c) requires marking 
the identification number on a transport vehicle or freight container 
that contains more than 1,000 kg aggregate gross weight of PIH 
materials in Hazard Zone A or B having the same proper shipping name 
and identification number, in non-bulk packagings, that are loaded at a 
single loading facility. RSPA is denying those petitions that asked for 
a complete elimination of this marking requirement.
    In the January 8, 1997 final rule, RSPA revised 
Secs. 171.11(d)(9)(iii), 171.12(b)(8)(iii), and 171.12a(b)(5)(iii) to 
replace references to the POISON label and placard with references to 
the new POISON INHALATION HAZARD label and placard. However, RSPA 
inadvertently failed to add a reference in Sec. 172.402(e)(1), 
concerning a Class 1 material that also meets the definition for a 
material poisonous by inhalation in Division 6.1. RSPA is amending 
Sec. 172.402(e)(1) to add a reference to the new PIH label as a 
secondary label. This is simply an editorial change and implements the 
purpose of this rulemaking to replace the POISON label and placard with 
the new POISON INHALATION PLACARD for Division 6.1 materials in Hazard 
Zones A and B that are poisonous by inhalation.
    For the reasons set forth in the preamble to the January 8, 1997 
final rule, RSPA is denying petitions that opposed adoption of the PIH 
labels and placards. Since 1985, RSPA has worked toward enhancing 
safety in the transportation of PIH materials by establishing a 
complete system of transportation controls for these materials, 
including an improved communication of their presence. As a 
continuation of that process, RSPA proposed in the August 15, 1994 
Notice of Proposed Rulemaking (NPRM), 59 FR 41848, a distinctive label 
and placard to provide a distinctive warning to

[[Page 39401]]

emergency responders of the unique hazardous (extreme toxicity, high 
volatility) of PIH gases and liquids. This proposal responded to a 
petition for rulemaking previously submitted by ATA and a graphic 
design recommended by a LAPD officer. Earlier this year, RSPA proposed 
the new PIH labels and placards to the U.N. Committee of Experts as an 
international standard. See the discussion in the preamble to the 
January 8, 1997 final rule, 62 FR 1219.
    A majority of the commenters to the NPRM supported adoption of the 
distinctive PIH labels and placards, although many also expressed 
support for maintaining harmonization with the U.N. Recommendations. 
Over many years, RSPA has adopted classification, hazard communication 
and packaging requirements recommended by the U.N. Committee of 
Experts, but RSPA believes that, in this matter, the United States 
should not necessarily wait for an international standard to be 
established. However, the postponement of the compliance dates until 
October 1, 1999, for use of the PIH labels, and until October 1, 2001, 
for use of the PIH placards, provides time for the U.N. Committee of 
Experts to consider and take steps toward adoption of RSPA's proposal. 
The desirable goal of international harmonization does not outweigh the 
important safety benefits to be gained by adopting a distinctive label 
and placard for PIH materials.
    One petitioner asked RSPA to add an editorial note to revised 
Sec. 177.841(e)(1) to clarify that a package bearing a POISON GAS label 
may be transported in the same motor vehicle with material marked or 
known to be foodstuffs, feed, or other edible material, without meeting 
the additional precautions specified in (e)(1)(i) or (ii). RSPA denies 
this petition because it believes that the present language of 
Sec. 177.841(e)(1) is clear. As revised in the January 8, 1997 final 
rule, only Division 6.1 materials labeled POISON or POISON INHALATION 
HAZARD are subject to this restriction in Sec. 177.841(e)(1), while the 
next paragraph, (e)(2), (which prohibits certain materials in the 
driver's compartment) explicitly covers these materials and also 
Division 2.3 materials required to have a POISON GAS label.

C. Other Identification Number Marking Requirements

    1. Large quantities of non-bulk materials. Several petitioners 
asked RSPA to eliminate or modify the identification number marking 
requirement in Sec. 172.301(a)(3) for large quantities of non-bulk 
packages in a transport vehicle. They expressed concern that an 
increase in identification number displays will cause substantial 
material and labor costs to industry and create confusion among 
emergency responders. The petitioners stated that if the requirement is 
retained, it should be restricted to vehicles fully loaded with a 
single hazardous material. In addition, several petitioners requested 
that RSPA except Class 1 materials from the requirement for the 
identification number display because of safety concerns, and because 
the North American Emergency Response Guidebook is not cross-referenced 
by the identification number, but is designed to provide only generic 
group information for explosives.
    In response to these petitions, RSPA is revising Sec. 172.301(a)(3) 
to apply to a transport vehicle or freight container that is loaded at 
one loading facility with 4,000 kg (8,820 lbs.) or more of hazardous 
materials in non-bulk packagings, when all the hazardous materials have 
the same proper shipping name and identification number. Class 1 and 7 
materials are excepted from this requirement. These revisions provide 
greater consistency with the international standards based on the U.N. 
Recommendations and the Canadian Regulations on the Transport of 
Dangerous Goods, without adversely affecting safety.
    By applying this identification number marking to transport 
vehicles and freight containers loaded at one loading facility only 
with hazardous materials having the same proper shipping name and 
identification number, in non-bulk packagings, RSPA believes it has 
adequately addressed the petitioners' concerns with regard to an 
increase in the number of placards on any single vehicle or container.
    The requirement in Sec. 172.301(a)(3) for marking the 
identification number on a transport vehicle or freight container 
loaded at one loading facility with more than 4,000 kg of one hazardous 
material in non-bulk packagings is separate from the marking 
requirement in Sec. 172.313(c) applicable to PIH materials. The 
combined potential of these two requirements, as modified in this final 
rule, is less than estimated by a petitioner who provided an example 
involving a single load of eight different hazardous materials. The 
addition of Sec. 172.313(c) will require an identification marking to 
indicate the presence of more than 1,000 kg of a PIH material; 
otherwise, the revisions to the HMR in this rulemaking will not require 
any additional placards or markings for the particular combination of 
hazardous materials in the example provided by the petitioner.
    RSPA denies the petitions to totally eliminate the identification 
number marking requirement for large quantities of certain hazardous 
materials in non-bulk packages. Emergency responders should be provided 
as much immediate specific information as practicable regarding the 
contents of transport vehicles and freight containers. RSPA is also 
denying ATA's petition to amend or remove Sec. 172.334(d). That section 
states that a placard bearing an identification number may not be used 
to satisfy the placarding requirements in subpart F of Part 172 
``unless it is the correct identification number for all hazardous 
materials of the same class in the transport vehicle or freight 
container on which it is displayed.'' When different hazardous 
materials within a hazard class are present in a transport vehicle or 
freight container, and the identification number of one of the 
materials must be displayed (e.g., a PIH material), the transport 
vehicle must bear placards for that hazard class without an 
identification number plus either (1) a separate set of placards with 
the identification number or (2) the separate orange panels or white 
square-on-point configurations as authorized by Sec. 172.332(a).
    2. Closed transport vehicles or freight containers carrying cargo 
tanks. One petitioner requested that RSPA further clarify that the 
marking requirements in Secs. 172.302(a) and 172.328(a)(3) do not 
require duplicative identification number markings on both the cargo 
tank and the vehicle, when the markings on the cargo tank would not 
normally be visible during transportation. The petitioner provided 
sketches and examples of instances where, in his opinion, no additional 
information would be communicated by marking the tank portion of the 
cargo tank motor vehicle, such as when the cargo tank is permanently 
installed on or within an enclosed vehicle, or when multiple cargo 
tanks mounted on an open vehicle are so close together that it would be 
difficult to see the markings on the adjacent sides of cargo tanks.
    In response to this petition, RSPA is modifying Sec. 172.328(c) to 
specify that when a cargo tank is permanently installed within an 
enclosed cargo body of a transport vehicle or freight container, on the 
outside of which identification numbers are marked, the identification 
number marking required on the cargo tank by Sec. 172.302(a) need only 
be displayed on each side and end of the cargo tank that is visible 
when it is accessed. At this time, RSPA does not consider it feasible 
to specify a

[[Page 39402]]

minimum distance between cargo tanks, when mounted on an open vehicle 
and visible during transportation, that would warrant an exception from 
identification number marking as also suggested by this petitioner.
    3. Identification number marking for organic peroxides. In the 
January 8, 1997 final rule, RSPA added materials in Division ``5.2 
(Organic peroxide, Type B, liquid or solid, temperature controlled,'' 
to Table 1 in Sec. 172.504(e), so that placarding is required for any 
amount. LAPD petitioned RSPA to also require the display of 
identification numbers for these materials. It stated that the change 
to the placarding table created a ``double meaning'' for the ORGANIC 
PEROXIDE placard, and the emergency responder will not know whether the 
organic peroxide material within a vehicle is temperature controlled or 
not.
    RSPA is denying LAPD's petition because this change was not 
proposed in the NPRM, and it is beyond of the scope of this rulemaking. 
Because this suggestion appears to have merit, RSPA will consider this 
petition in a future rulemaking.

D. Other Placarding Requirements

    1. DANGEROUS placard. In the January 8, 1997 final rule, RSPA 
changed Sec. 172.504(b) by lowering from 2,268 kg (5,000 lbs.) to 1,000 
kg (2,205 lbs.) the quantity of one class or division of a hazardous 
material loaded at one facility for which a specific placard is 
required. This reduced the upper weight limit for use of the DANGEROUS 
placard (as an alternative to the specific hazard class placard) for a 
mixed load of hazardous materials listed in Table 2 in Sec. 172.504(e).
    A late-filed petition from a chemical company opposed this 
reduction in the upper weight limit for use of the alternative 
DANGEROUS placard. The petitioner stated that the change would result 
in the use of many additional different placards and would be a 
financial burden in terms of time spent by company personnel sorting 
through the numerous shipping papers required on a multi-drop load to 
determine what combination of placards is required on the outside of 
the trailer.
    For many years, emergency response organizations have expressed 
concerns that the DANGEROUS placard does not provide sufficient 
information to identify hazardous materials in a transport vehicle and 
support elimination of this placard altogether. RSPA rejected total 
elimination of the DANGEROUS placard, but lowered the upper weight 
limit for use of the alternative DANGEROUS placard in order to improve 
safety communication by requiring increased display of specific hazard 
class and division warnings. This action is responsive to concerns 
expressed in a 1993 report of the National Academy of Sciences (NAS), 
under Section 25 of HMTUSA, on methods to improve the existing system 
of placarding vehicles transporting hazardous materials, thereby 
providing more effective information to facilitate response to 
incidents involving hazardous materials in transportation in commerce.
    The permitted use of the alternative DANGEROUS placard under 
Sec. 172.504(b) is governed by the amount of one category of hazardous 
material loaded ``at one loading facility.'' The use of different 
placards for a mixed load of hazardous materials requires only that the 
placard for each class of hazardous materials be removed when the last 
package of that class is delivered, similar to the requirement that the 
DANGEROUS placard must be removed when the last packaging of a mixed 
load of hazardous materials is delivered (even if non-hazardous 
materials remain to be delivered at further stops).
    2. Prohibited Placarding (safety slogans). In the January 8, 1997 
final rule, RSPA amended Sec. 172.502(a)(2) to prohibit any ``sign, 
advertisement, slogan (such as ``Drive Safely'') or device that, by its 
color, design, shape or content, could be confused with any placard * * 
*'' RSPA also specified that this prohibition does not apply until 
October 1, 2001, to a safety sign or slogan which was permanently 
marked on a transport vehicle, bulk packaging, or freight container on 
or before October 1, 1996.
    RSPA is changing the latter date, in Sec. 172.502(b)(3), to August 
21, 1997 to prevent the unintended effect of the final rule with 
respect to a safety sign or slogan that may have been permanently 
marked on a transport vehicle, bulk packaging, or freight container 
between October 1, 1996 and issuance of the January 8, 1997 final rule. 
Without this revision, a person who had installed a safety sign on his 
or her vehicles after October 1, 1996, would be in violation on the 
effective date of the January 8, 1997 final rule (now postponed until 
October 1, 1998), while a person who had installed such a safety sign 
before October 1, 1996 would have three additional years, until October 
1, 2001, to remove it. This change will carry out RSPA's intent that 
there be a reasonable cut-off date after which these slogan displays 
could no longer be newly installed on vehicles.

E. Carrier Information Contact Requirements

    In Sec. 172.606(b) (2) and (3), RSPA added alternative requirements 
for marking the carrier's telephone number, or having the shipping 
paper and emergency response information readily available, on a 
highway transport vehicle that is separated from its motive power and 
parked at a location other than a consignee's, consignor's, or 
carrier's facility. As stated in the preamble to the January 8, 1997 
final rule, these requirements are intended to enable emergency 
responders to obtain more complete information about hazardous 
materials on an unattended motor vehicle.
    An individual petitioner asked RSPA to modify these requirements to 
provide that (1) the telephone number marked on the vehicle must be 
visible from 50 feet, and (2) that the shipping paper and emergency 
response information must be available on the front of the transport 
vehicle.
    ATA and the National Tank Truck Carriers, Inc. (NTTC) petitioned 
RSPA to eliminate (or not adopt) these two alternative requirements. 
These petitioners stated they believed there was a risk to emergency 
responders who would approach a trailer involved in a hazardous 
materials incident to obtain a shipping paper and emergency response 
information.
    NTTC discussed application of this requirement to ``spotting'' 
cargo tank trailers containing a residue of a hazardous material, which 
is a common occurrence at cargo tank cleaning facilities. NTTC stated 
that, outside of normal working hours, it would be unlikely that an 
emergency responder could reach the carrier, and that the carrier would 
be unlikely to have information about the particular commodity and its 
hazards. NTTC also stated that, in the event of an incident involving 
an unattended vehicle carrying hazardous materials, emergency 
responders should not be encouraged to approach the vehicle to look for 
paperwork.
    ATA also stated that if RSPA retains these alternative 
requirements, an additional one year extension, until October 1, 1998, 
should be provided to provide sufficient time for compliance with the 
requirements of Sec. 172.606 (b)(2) and (b)(3).
    As already discussed above, RSPA has extended the effective date of 
this rule until October 1, 1998. RSPA is also adding a new 
Sec. 172.606(c) to clarify that the requirements in paragraphs (b)(2) 
and (b)(3) do not apply to an unattended motor vehicle separated from 
its motive

[[Page 39403]]

power that is marked with each identification number of the hazardous 
materials loaded therein, on an orange panel, a placard, or a plain 
white square-on-point configuration, and the markings or placards are 
visible on the outside of the motor vehicle.
    RSPA is not eliminating the information requirements in 
Sec. 172.606(b) for an unattended motor vehicle disconnected from its 
motive power. RSPA continues to believe that there must be a method of 
identifying hazardous materials in an unattended transport vehicle 
disconnected from its motive power when identification number markings 
are not displayed on the exterior of the motor vehicle. The presence of 
a carrier's telephone number marked on a motor vehicle, or a copy of a 
shipping paper and emergency response information attached to a motor 
vehicle would provide access to such information. In regard to the 
concerns of NTTC regarding ``spotting'' at cargo tank cleaning 
facilities, the requirements prescribed in Sec. 172.606 (b)(1) and 
(b)(2) are intended to apply to an unattended motor vehicle separated 
from its motive power when there is no indication on the outside of the 
motor vehicle as to the contents of the motor vehicle. Bulk packagings, 
such as a cargo tank, containing a hazardous material or its residue 
are required to be marked and placarded as prescribed under the HMR.
    At this time, RSPA does not consider it necessary to specify a 
minimum distance from which the carrier's telephone number in 
Sec. 172.606(b)(2) must be visible, or the location for shipping papers 
and emergency response information under the option in 
Sec. 172.606(b)(3).

IV. 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.
    The regulatory evaluation prepared for the August 15, 1994 NPRM was 
examined and modified for the January 8, 1997 final rule. Both of these 
documents are available for review in the public docket. This final 
rule makes relatively minor, incremental changes in the regulations 
concerning placarding and other means of communicating the hazards of 
materials in transportation. In most cases, the changes clarify and 
relax provisions of the January 8, 1997 final rule. The other changes 
that carry out the intent of the January 8, 1997 final rule, such as 
the inclusion of certain Division 6.1 materials within those for which 
the new PIH labels and placards are required, will result in only 
minimal costs to offerors of these materials for transportation in 
commerce. Accordingly, no additional regulatory evaluation was 
performed.

B. Executive Order 12612

    The January 8, 1997, final rule and this final rule were 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:
    (A) the designation, description, and classification of hazardous 
material.
    (B) the packing, repacking, handling, labeling, marking, and 
placarding of hazardous material.
    (C) the preparation, execution, and use of shipping documents 
related to hazardous material and requirements respecting the number, 
content, and placement of those documents.
    (D) the written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material.
    (E) the design, manufacturing, fabricating, marking, maintenance, 
reconditioning, repairing, or testing of a package or container 
represented, marked, certified, or sold as qualified for use in 
transporting 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. RSPA lacks discretion in this area, and preparation of a 
federalism assessment is not warranted.
    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, 1998.

C. Regulatory Flexibility Act

    This final rule, which responds to petitions for reconsideration 
and agency review, makes editorial and technical corrections, provides 
clarification of the regulations, and relaxes certain requirements. 
Although this final rule applies to all shippers and carriers of 
hazardous materials, some of whom are small entities, the requirements 
contained herein will not result in significant economic impacts. 
Therefore, I certify that this final rule will not have a significant 
economic impact on a substantial number of small entities.

D. Paperwork Reduction Act

    The information collection requirements in 49 CFR Parts 172 through 
177 pertaining to shipping papers have been approved under OMB approval 
number 2137-0035. This final rule does not increase any burden to 
provide information. 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.
    The January 8, 1997 final rule amended Sec. 173.9 to require that a 
shipping paper contain hazard warning information concerning the 
fumigant for an international shipment. This information is a current 
requirement for international shipments by vessel and insignificantly 
increases the amount of burden imposed by this collection. RSPA 
believes that this change in burden is not sufficient to warrant 
revision of the currently approved information collection.

E. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

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

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

[[Page 39404]]

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

    2. In Sec. 171.14, the section heading and introductory text are 
revised, paragraph (b) is revised, and a new paragraph (e) is added to 
read as follows:


Sec. 171.14  Transitional provisions for implementing certain 
requirements.

    General. The purpose of the provisions of this section is to 
provide an orderly transition to certain new requirements so as to 
minimize any burdens associated with them.
* * * * *
    (b) Transitional placarding provisions. 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                                           
----------------------------------------------------------------------------------------------------------------
       Hazard class or division No.            Current placard name         Old (Sept. 30, 1991) 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 gas............  Nonflammable gas.                      
Division 2.3\1\..........................  Poison gas..................  Poison gas.                            
Class 3..................................  Flammable...................  Flammable.                             
Combustible liquid.......................  Combustible.................  Combustible.                           
Division 4.1.............................  Flammable solid.............  Flammable solid.                       
Division 4.2.............................  Spontaneously combustible...  Flammable solid.                       
Division 4.3.............................  Dangerous when wet..........  Flammable solid W.                     
Division 5.1.............................  Oxidizer....................  Oxidizer.                              
Division 5.2.............................  Organic peroxide............  Organic peroxide.                      
Division 6.1, (inhalation hazard, Zone A   Poison inhalation hazard....  Poison.                                
 or B)\1\.                                                                                                      
Division 6.1, PG I and II (other than      Posion......................  Poison.                                
 Zone A or B inhalation hazard).                                                                                
Division 6.1, PG III.....................  Keep away from food.........  (none required).                       
Class 7..................................  Radioactive.................  Radioactive.                           
Class 8..................................  Corrosive...................  Corrosive.                             
Class 9..................................  Class 9.....................  (none required).                       
----------------------------------------------------------------------------------------------------------------
\1\ For materials poisonous by inhalation, by all modes of transportation, until October 1, 2001, placards may  
  be used that conform to specifications for placards (1) in effect on September 30, 1991, (2) specified in the 
  December 21, 1990 final rule, or (3) specified in the July 22, 1997 final rule.                               

* * * * *
    (e) Notwithstanding Secs. 172.416 and 172.429 of this subchapter 
specified in the July 22, 1997 final rule, when labels are required by 
subpart E of part 172 of this subchapter to be affixed to a material 
poisonous by inhalation, labels that conform to the requirements of 
this subchapter in effect on September 30, 1997, may be used on 
packagings offered for transportation or transported until October 1, 
1999.

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

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

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

    4. In Sec. 172.101(g), as amended at 62 FR 1227 effective October 
1, 1998, the entries for label codes 6.1 in the Label Substitution 
Table are revised to read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *
    (g) * * *

                        Label Substitution Table                        
------------------------------------------------------------------------
                Label code                           Label name         
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
6.1 (inhalation hazard, Zone A or B)......  Poison Inhalation Hazard.   
6.1 (I or II, other than Zone A or B        Poison.                     
 inhalation hazard) \2\.                                                
6.1 (III) \2\.............................  Keep Away From Food.        
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------
*    *    *    *    *                                                   
\2\ The packing group for a material is indicated in column 5 of the    
  table.                                                                

* * * * *
    5. In Sec. 172.301, paragraph (a)(3), as added at 62 FR 1227 
effective October 1, 1998, is revised to read as follows:


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

    (a) * * *
    (3) Large quantities of hazardous materials in non-bulk packages. A 
transport vehicle or freight container that is loaded at one loading 
facility with 4,000 kg (8,820 pounds) or more aggregate gross weight of 
hazardous materials in non-bulk packagings, when all the hazardous 
materials loaded in the transport vehicle or freight container have the 
same proper shipping name and identification number, must be marked 
with the identification number specified for the hazardous material in 
the Sec. 172.101 Table on each side and each end as specified in 
Secs. 172.332 or 172.336. The requirement in this paragraph (a)(3) does 
not apply to:
    (i) Class 1, Class 7, or ORM-D materials; or

[[Page 39405]]

    (ii) Limited quantities or small quantities of hazardous materials 
(see Sec. 173.4 of this subchapter).
* * * * *
    6. Section 172.313, as added at 62 FR 1228 effective October 1, 
1998, is amended by adding introductory text and by revising paragraphs 
(a) and (c) to read as follows:


Sec. 172.313  Poisonous hazardous materials.

    In addition to any other markings required by this subpart:
    (a) A material poisonous by inhalation (see Sec. 171.8 of this 
subchapter) shall be marked ``Inhalation Hazard'' in association with 
the required labels or placards, as appropriate, and shipping name when 
required. The marking must be on two opposing sides of a bulk 
packaging. (See Sec. 172.302(b) of this subpart for size of markings on 
bulk packages.) When the words ``Inhalation Hazard'' appear on the 
label, as prescribed in Secs. 172.416 and 172.429, or placard, as 
prescribed in Secs. 172.540 and 172.555, the ``Inhalation Hazard'' 
marking is not required on the package.
* * * * *
    (c) A transport vehicle or freight container loaded at one loading 
facility with more than 1,000 kg (2,205 pounds) aggregate gross weight 
of non-bulk packages containing materials poisonous by inhalation in 
Hazard Zone A and B having the same proper shipping name and 
identification number 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.
    7. In Sec. 172.328, paragraph (a)(3), as added at 62 FR 1228 
effective October 1, 1998, is revised 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) would not normally be visible during 
transportation--
    (i) 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; and
    (ii) When the cargo tank is permanently installed within an 
enclosed cargo body of the transport vehicle or freight container, the 
identification number marking required by Sec. 172.302(a) need only be 
displayed on each side and end of a cargo tank that is visible when the 
cargo tank is accessed.
* * * * *
    8. In Sec. 172.400(b), the table, as revised at 62 FR 1228 
effective October 1, 1998, is amended by revising the entries for 
Division 6.1 materials to read as follows:


Sec. 172.400  General labeling requirements.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                                Label   
                                                              design or 
     Hazard class or division             Label name           section  
                                                              reference 
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
6.1 (inhalation hazard, Zone A or  POISON INHALATION HAZARD      172.429
 B).                                                                    
6.1 (PG I or II, other than Zone   POISON..................      172.430
 A or B inhalation hazard).                                             
6.1 (PG III).....................  KEEP AWAY FROM FOOD.....      172.431
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------

    9. In Section 172.402, paragraph (e)(1) is revised to read as 
follows:


Sec. 172.402  Additional labeling requirements.

* * * * *
    (e) * * *
    (1) Division 6.1, Packing Groups I or II, shall be labeled POISON 
or POISON INHALATION HAZARD, as appropriate.
* * * * *
    10. 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


[[Page 39406]]

[GRAPHIC] [TIFF OMITTED] TR22JY97.022



    (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.
    11. Section 172.429, as added at 62 FR 1229 effective October 1, 
1998, is revised 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 39407]]

[GRAPHIC] [TIFF OMITTED] TR22JY97.023



BILLLING 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.
    12. In Sec. 172.502, paragraph (b)(3), as added at 62 FR 1230 
effective October 1, 1998, is revised to read as follows:


Sec. 172.502  Prohibited and permissive placarding.

* * * * *
    (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 a transport vehicle, bulk packaging, or freight container on or 
before August 21, 1997.
* * * * *
    13. In Sec. 172.504(e), as revised at 62 FR 1230 effective October 
1, 1998, the entries for Division 6.1 materials in Tables 1 and 2 are 
revised to read as follows:


Sec. 172.504  General placarding requirements.

* * * * *
    (e) * * *

                                 Table 1                                
------------------------------------------------------------------------
                                                               Placard  
   Category of material (Hazard                                 design  
   class or division number and          Placard name          section  
    additional description, as                                reference 
           appropriate)                                        (Sec. )  
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
6.1 (inhalation hazard, Zone A or  POISON INHALATION HAZARD      172.555
 B).                                                                    
                                                                        
  *                  *                  *                  *            
                   *                  *                  *              
------------------------------------------------------------------------

* * * * *

[[Page 39408]]



                                 Table 2                                
------------------------------------------------------------------------
                                                               Placard  
   Category of material (Hazard                                 design  
   class or division number and          Placard name          section  
    additional description, as                                reference 
           appropriate)                                        (Sec. )  
------------------------------------------------------------------------
                                                                        
  *                  *                  *                  *            
                   *                  *                  *              
6.1 (PG I or II, other than Zone   POISON..................      172.554
 A or B inhalation hazard).                                             
6.1 (PG III).....................  KEEP AWAY FROM FOOD.....      172.553
                                                                        
  *                  *                  *                  *            
                   *                  *                  *              
------------------------------------------------------------------------

* * * * *
    14. 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
[GRAPHIC] [TIFF OMITTED] TR22JY97.024


    (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 65 mm (2\5/8\ inches) above the horizontal center line. 
The text, class number, and inner border must be black.

[[Page 39409]]

    15. Section 172.555, as added at 62 FR 1233 effective October 1, 
1998, is revised 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] TR22JY97.025


BILLING CODE 4910-60-C

    (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 65 mm (2\5/8\ inches) above the horizontal 
center line. The text, class number, and inner border must be black.
    16. In Sec. 172.606, as added at 62 FR 1234 effective October 1, 
1998, paragraph (c) is added to read as follows:


Sec. 172.606  Carrier information contact.

* * * * *
    (c) The requirements specified in paragraph (b) of this section do 
not apply to an unattended motor vehicle separated from its motive 
power when the motor vehicle is marked on an orange panel, a placard, 
or a plain white square-on-point configuration with the identification 
number of each hazardous material loaded therein, and the marking or 
placard is visible on the outside of the motor vehicle.

    Issued in Washington, DC, on July 11, 1997, under authority 
delegated in 49 CFR Part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 97-18995 Filed 7-21-97; 8:45 am]
BILLING CODE 4910-60-P