[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Rules and Regulations]
[Pages 51554-51561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25821]
[[Page 51553]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 107, et al.
Hazardous Materials Regulations; Editorial Corrections and
Clarifications; Final Rule
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 /
Rules and Regulations
[[Page 51554]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179, and 180
[Docket No. RSPA-97-2910 (HM-189N)]
RIN 2137-AD09
Hazardous Materials Regulations; Editorial Corrections and
Clarifications
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes, and in response to requests for clarification,
improves the clarity of certain provisions to the Hazardous Materials
Regulations (HMR). The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the HMR. The amendments
contained in this rule are minor editorial changes and do not impose
new requirements.
EFFECTIVE DATE: October 1, 1997.
FOR FURTHER INFORMATION CONTACT: Charles E. Betts, Office of Hazardous
Materials Standards, (202) 366-8553, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
RSPA annually reviews the Hazardous Materials Regulations (HMR) to
identify errors which may confuse readers. Inaccuracies corrected in
this final rule include typographical errors, incorrect references to
other rules and regulations in the CFR, inconsistent use of
terminology, and misstatements of certain regulatory requirements. In
response to inquiries RSPA received concerning the clarity of
particular requirements specified in the HMR, certain other changes are
made to reduce uncertainties.
Because these amendments do not impose new requirements, notice and
public procedure are unnecessary. In addition, making these amendments
effective without the customary 30-day delay following publication will
allow the changes to appear in the next revision of 49 CFR.
The following is a section-by-section summary of the amendments
made under this final rule. It does not discuss editorial corrections
(e.g., typographical, capitalization and punctuation errors), changes
to legal citations and certain other minor adjustments to enhance the
clarity of the HMR.
Section-by-Section Review
Part 107
Section 107.105
Paragraph (a) is revised to add in clarification that the exemption
must be written in English.
Section 107.117
Paragraph (d)(5) is revised to correct the name of the office
within the United States Coast Guard designated to receive applications
for emergency exemptions.
Appendix A to Subpart D
Appendix A to Subpart D of Part 107--Guidelines For Civil Penalties
is revised to correct section or cite references that were incorrectly
published under Docket HM-207F published on January 21, 1997.
Part 171
Section 171.6
In Sec. 171.6, in paragraphs (a) and (b), the references to the
``Paperwork Reduction Act of 1980'' are removed and replaced with the
``Paperwork Reduction Act of 1995'' to incorporate the 1995 amendments
to the Paperwork Reduction Act. In paragraph (b)(2), the table is
revised to incorporate numerous changes to the information collections.
The changes are due to rulemaking actions and information collection
activities under the Paperwork Reduction Act of 1995.
Section 171.7
In the paragraph (a)(3) table of material incorporated by
reference, the address for the American Society for Testing and
Materials is updated. In paragraph (b), reference to the standard
``Guidelines for Selecting Preferred Highway Routes for Highway Route
Controlled Quantity Shipments of Radioactive Materials [51 FR 5968
February 18, 1986] Effective March 20, 1986, HMT-166T'' which was
incorporated by reference in Sec. 177.825 is removed. Section 177.825
was removed under a previous rulemaking, HM-222A.
Sections 171.8, 171.12 and 171.15
Editorial revisions are made to remove obsolete section references.
Part 172
Section 172.101
The Hazardous Materials Table (the Table) is amended as follows:
For the entry ``Accumulators, pressurized, pneumatic or hydraulic
(containing non-flammable gas)'', the label code ``2.1'' is removed and
a label code ``2.2'' is added to correct a typographical error.
For the entry ``Hydrogen chloride anhydrous,'' column (7) is
corrected by removing Special Provision ``B43'' and adding Special
Provision ``3''.
For the entry ``Jet perforating guns charged oil well, with
detonator, 1.1D, NA0124'' column (7), is corrected by removing the
reference to ``D55'' and replacing it with ``55''.
For the entry ``Mercury (contained in manufactured articles)'', in
column (5) packing group ``I'' is removed and packing group ``III'' is
added to correct a typographical error.
For the entries ``Propellant, liquid, 1.3C, UN0495'', ``Propellant,
liquid, 1.1C, UN0497'', ``Propellant, solid, 1.1C, UN0498'' and
``Propellant, solid, 1.3C, UN0499'' packing group ``II'' is added in
column (5).
A new entry ``Radioactive material, excepted package-empty package
or empty packaging'' is added in appropriate alphabetical order. This
entry was deleted in error under a previous rulemaking.
Appendix A to Sec. 172.101
Paragraph 4 corrects two column references.
Section 172.203
In paragraph (k)(3), RSPA is correcting the proper shipping name
``Hydrogen gases mixtures compressed, n.o.s.'' to read ``Hydrocarbon
gases mixtures compressed, n.o.s.'' due to a printing error. Under
Docket HM-215B (62 FR 24720) published on May 6, 1997, the entry was
added to the list of generic proper shipping names which require a
technical name.
Section 172. 204
A grammatical error is corrected in paragraph (b)(1).
Part 173
Section 173.6
Paragraph (c)(3) is revised to provide the correct section
reference.
Section 173.9
Paragraph (e) is revised to provide the correct section reference.
Section 173.32
In Sec. 173.32, in paragraph (e)(2)(i), a provision on pressure
testing certain portable tanks is added. This sentence was
inadvertently omitted under another rulelmaking action.
[[Page 51555]]
Section 173.56
This section is revised by replacing the references to the Bureau
of Explosives (BOE) of the Association of American Railroads (AAR) and
the Bureau of Mines (BOM) of the U.S. Department of the Interior with
the words ``a person approved by the Associate Administrator for
Hazardous Materials Safety (AAHMS).'' Currently, this section specifies
BOE of the AAR and BOM of the U.S. Department of the Interior to
examine and make recommendations on the classification of explosives.
The AAR no longer performs this service, and the BOM is no longer an
agency within the Department of the Interior. The National Institute of
Occupational Safety and Health (NIOSH), U.S. Department of Health and
Human Services and the Explosives Bureau, a private company, are
currently authorized to examine and make recommendations on the
classification of explosives.
Section 173.62
In paragraph (b), the revised Explosives Table printed in HM-215B
[62 FR 24722 May 6, 1997] inadvertently omitted NA0331 with its
associated Packing Instructions 116 or 117.
Section 173.125
In paragraph (a), the wording ``on the basis of test results
following test methods given in appendix E of this part and by applying
the appropriate criteria given in this section.'' is revised to read
``on the basis of test results following test methods given in the UN
Manual of Tests and Criteria and by applying the appropriate criteria
given in this section.''
Section 173.166
Paragraphs (b)(1) and (b)(3)(i) are revised by deleting the
references to BOE and BOM (see preamble discussion under Sec. 173.56).
Section 173.202
In paragraph (b), the authorized packaging ``Aluminum box: 4A'' is
corrected to read ``Aluminum box: 4B''.
Section 173.221
In the heading and first sentence, the word ``Polystyrene'' is
revised to read ``Polymeric'' for consistency with a change to the
Hazardous Material Table issued on December 29, 1994 under HM-215A.
Section 173.225
In paragraph (e)(4) the melt index for low density polyethylene
saddles is corrected.
Section 173.242
In paragraph (b)(1), reference to ``Sec. 178.346-10 or
Sec. 178.347-10'' is corrected to read ``Sec. 178.346-3 or
Sec. 178.347-4''.
Section 173.243
In paragraph (b)(1), reference to ``Sec. 178.346-10 or
Sec. 178.347-10'' is corrected to read ``Sec. 178.346-3 or
Sec. 178.347-4''.
Section 173.247
In paragraph (g)(1)(iii), reference to ``Sec. 179-200-18'' is
corrected to read Sec. 179.15''.
Section 173.320
Paragraph (a)(3) is updated to provide the correct section
references.
Section 173.422
Paragraph (b)(2) is updated to provide the correct section
references.
Part 175
Section 175.700
In paragraph (b), in the first sentence, the reference
``Sec. 175.45'' is corrected to read ``Sec. 171.15''.
Part 176
Section 176.340
In paragraph (c) the wording ``Commandant USCG (G-MTH)'' is updated
to read ``Commandant USCG (G-MSO)''.
Part 177
Section 177.810
The last sentence, in Sec. 177.810, which makes reference to
Sec. 177.825 is removed. Section 177.825 was removed from the Hazardous
Materials Regulations under HM-222A.
Section 177.840
Paragraph (e) is revised to remove the reference to the Bureau of
Mines (BOM) and to reflect that the National Institute of Occupational
Safety and Health (NIOSH) Pittsburgh Research Center, U.S. Department
of Health and Human Services is authorized to approve gas masks for
chlorine cargo tanks.
Part 178
Section 178.36
In paragraph (a)(2)(iii), the wording ``l=moment of inertia--
0.04909 (D4-d4) inches fourth'' is corrected to
read ``I=moment of inertia--0.04909 (D4-d4)
inches fourth''.
Section 178.44
In paragraph (b), in Table 1.--Authorized Materials, for
specification 3HT seamless steel cylinders for aircraft use, RSPA is
correcting a printing error for the entry ``Molybdenum,'' by revising
the specification ``0.18/0.25'' to read ``0.15/.025.''
Section 178.50
Paragraph (i) is corrected the read ``Cylinders must withstand a
hydrostatic test as follows:''.
Section 178.68
In paragraph (f)(1)(ii), a paragraph reference is updated to read
``One-half of the minimum tensile strength of the material as required
in paragraph (j) of this section.''
Section 178.270-14
Paragraph (b)(13) is revised to read ``Metallurgical design
temperature range, in deg.C or deg.F.''
Section 178.338-19
A grammatical error is corrected in paragraph (b).
Section 178.503
Paragraph (a)(1) is corrected by removing the reference to
``paragraph (d)'' and replacing it with ``paragraph (e)(1)''.
Part 179
Section 179.15
a. In paragraph (b), the wording ``Settings for pressure relief
devices'' is corrected to read ``Settings for reclosing pressure relief
devices''.
b. In paragraph (e), the wording ``reclosing'' is corrected to read
``nonreclosing''.
c. Paragraph (f) is revised to clarify that a nonreclosing pressure
relief device incorporating a rupture disc must be designed to rupture
at a pressure equal to the greater of 100 percent of the tank test
pressure, or 33 percent of the tank burst pressure.
Section 179.100-19
Paragraph (a) is updated to reflect the correct section reference.
Section 179.200-23
Paragraph (a) is updated to reflect the correct section reference.
Section 179.220-24
The reference ``Sec. 179.221-1'' is corrected to read
``Sec. 179.15''.
Section 179.221-1
The table is revised by removing ``footnote 1'' in its entirety.
Part 180
Section 180.509
On September 21, 1995, RSPA published a final rule in docket HM-
[[Page 51556]]
175A (60 FR 40048). The final rule required, in Sec. 180.509 testing
requirements for valves and fittings, paragraph (j)(1), and interior
heater systems, paragraph (j)(2). To clarify the requirements for
``leak testing,'' RSPA published a correctional docket on June 26, 1996
(61 FR 33250). In the June 26 correctional docket, RSPA amended
paragraph (j)(1), and in the amendment inadvertently removed paragraph
(j)(2), with respect to testing interior heater systems. This final
rule corrects that error by reinstating paragraph (j)(2).
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
subject to review by the Office of Management and Budget. This rule is
not significant according to the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). Because of the minimal
economic impact of this rule, preparation of a regulatory impact
analysis or a regulatory evaluation is not warranted.
B. Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism'') and does not
have sufficient federalism impacts to warrant the preparation of a
federalism assessment.
C. Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses or other
organizations.
D. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $100
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
E. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
F. 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 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Markings, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 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 recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority citation for part 107 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.
2. In Sec. 107.105, the introductory text of paragraph (a) is
revised to read as follows:
Sec. 107.105 Application for exemption.
(a) General. Each application for an exemption or modification of
an exemption must be written in English and must--
* * * * *
Sec. 107.117 [Amended]
3. In Sec. 107.117, in paragraph (d)(5), the wording ``Chief,
Hazardous Materials Standards Branch, Operating and Environmental
Standards Division,'' is removed and the wording ``Chief, Hazardous
Materials Standards Division, Office of Operating and Environmental
Standards,'' is added in its place.
Appendix A to Subpart D of Part 107--[Amended]
3a. In Appendix A to subpart D of part 107, in Part II of the
appendix, as revised at 62 FR 2972, under the headings ``Part 173--
Requirements'' and ``Part 178--Requirements'' for each entry indicated
in the left column of the table below, remove the Section or cite
reference in the middle column and add the Section or cite reference in
the right column:
[[Page 51557]]
----------------------------------------------------------------------------------------------------------------
Column 1 entry Remove column 2 section or cite Add column 2 section or cite
----------------------------------------------------------------------------------------------------------------
Part 173--Requirements
* * * * * *
*
Cylinder Retesters (Secs. 173.23,
173.34, and 173.302):
* * * * * *
*
Failure to maintain legible 173.34(e)........................... 173.34(c).
markings on a cylinder.
* * * * * *
*
Failure to conduct a complete 173.34(e)(1)........................ 173.34(e)(3).
visual external and internal
examination.
Failure to have a retester's 173.34(e)(1)(i)..................... 173.34(e)(2)(i).
identification number (RIN).
Failure to have current 173.34(e)(1)(i)..................... 173.34(e)(2)(i).
authority due to failure to
renew a retester's
identification number.
Failure to have a retester's 173.34(e)(1)(i)..................... 173.34(e)(2)(i).
identification number and
marking another RIN on a
cylinder.
* * * * * *
*
Performing hydrostatic retesting 173.34(e)(3)........................ 173.34(e)(4).
without demonstrating the
accuracy of the testing
equipment.
Failure to hold hydrostatic test 173.34(e)(3)........................ 173.34(e)(4).
pressure for 30 seconds or
sufficiently longer to allow
for complete expansion.
Failure to perform a second 173.34(e)(3)........................ 173.34(e)(4).
retest, after equipment
failure, at a pressure of 10%
more or 100 psi more, whichever
is less (includes exceeding 90%
of test pressure prior to
conducting a retest).
Failure to condemn a cylinder 173.34(e)(4)........................ 173.34(e)(6).
with permanent expansion of 10%
or greater (5% for certain
exemption cylinders); failure
to condemn cylinders with
evidence of internal or
external corrosion, denting,
bulging, or rough usage.
* * * * * *
*
Failure to keep complete and ....................................
accurate records of cylinder
reinspection and retest..
* * * * * *
*
Incomplete or inaccurate 173.34(e)(5)........................ 173.34(e)(8).
records.
Improper marking of the RIN or 173.34(e)(5)........................ 173.34(e)(7).
retest date on a cylinder.
Marking a DOT 3HT cylinder with 173.34(e)(13)(iv)................... 173.34(e)(15)
a steel stamp other than a low-
stress steel stamp.
* * * * * *
*
Offeror Requirements (Class 7--
Radioactive Materials):
* * * * * *
*
Offering a Type B packaging 173.416(b),173.471(d)............... 173.471(a).
without holding a valid NRC
approval certificate.
* * * * * *
*
Offering low specific activity 173.425(b)(9) & (c)(7).............. 173.427(a)(6).
(LSA) radioactive materials
consigned as exclusive use
without providing instructions
for maintenance of exclusive
use shipment controls.
Part 178--Requirements
* * * * * *
*
Manufacturing Requirements--
Cylinders:
* * * * * *
*
Failure to mark the date of 178.65-14........................... 178.65
manufacture or lot number on a
DOT-39 cylinder ..
----------------------------------------------------------------------------------------------------------------
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
4. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
5. In Sec. 171.6, the paragraph (b)(2) table is revised to read as
follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table.
----------------------------------------------------------------------------------------------------------------
Title 49 CFR part or section where identified and
Current OMB control No. Title described
----------------------------------------------------------------------------------------------------------------
2137-0014.................. Cargo Tank Specification Secs. 107.503, 107.504, 178.320, 178.337,
Requirements. 178.338, 178.345, 178.346, 178.347, 178.348,
180.409, 180.417.
2137-0018.................. Inspection and Testing of Secs. 173.24, 173.32, 173.32a, 173.32b, 173.32
Portable Tank and IBC's. (b)(e), 173.32c, 178.3, 178.270, 178.271,
178.272, 178.245, 178.255, 178.245-1 (a), 178.255-
1, 178.245-6, 178.702, 178.801, 178.810, 180.352,
178.813, 178.703.
2137-0022.................. Recordkeeping and information Secs. 173.34, 173.302(e), 173.303(d).
Collection for Cylinders.
2137-0034.................. Hazardous Materials Shipping Part 172, Secs. 173.7(a)(1), 173.22(a)(1), 173.56
Papers. (b)(1), (d)(1), (e)(2), 173.150(f)(3)(i), 174.24,
174.26(b) 174.114, 175.30, 175.35, 175.703,
176.9, 176.24, 176.27, 176.30, 176.31, 176.36,
176.89, 176.90, 176.95, 177.817.
[[Page 51558]]
2137-0039.................. Hazardous Materials Incident Secs. 171.15, 171.16.
Report.
2137-0051.................. Rulemaking and Exemption Part 107, Subpart B, Secs. 106. 31, 106.33,
Petitions. 107.3, 107.5, 107.7, 107.103, 107.105, 107.107,
107.109, 107.113, 107.117, 107.121, 107.123,
107.125, 107.201, 107.202, 107.203, 107.205,
107.209, 107.211, 107.215, 107.217, 107.219,
107.221, 107.223.
2137-0510.................. RAM Transportation Requirements Secs. 173.22(c), (d), 173.411, 173.415(a),
173.416(b), 173.417(a)(5), (b)(3), (4),
173.457(b), 173.471 (a), (d), (f), 173.472,
173.473 (a), (d), 173.476 (a), (b), (e), 173.477,
173.478(a).
2137-0542.................. Cryogenic Liquids Requirements. Secs. 173.33(d)(1)(ii), 177.816, 177.840.
2137-0557.................. Approvals for Hazardous Secs. 107.401, 107.402, 107.403, 107.404,
Materials. 107.405, 172.101(l)(2), 172.102(c)(B69),
173.2a(c)(4), 173.4(a)(11), 173.7(a)(1),
173.21(f)(3)(h)(2)(i), 173.24(e)(3)(iii),
173.51(a), (b), 173.56(a)(2), (b)(1), (2), (4),
(c), (f), (g), (i), (j)(3),
173.124(a)(1)(iii)(B), (a)(2)(iii)(D),
173.128(d), 173.159(f), 173.166, 173.171(a), (c),
173.185(d)(9), (ii), (iii), i, 173.214,
173.224(d) 173.225(b)(4), (c), 173.245(a)(b),
173.300a, 173.300b, 173.305(c)(1),
173.315(i)(12), 173.334(d), 173.340(a), (b),
(c)(4), 176.340(c), 177.806(a)(1), 178.36-3,
178.37-3, 178.38-3, 178.39-3, 178.42-3, 178.44-3,
178.45-3, 178.46-3, 178.50-3, 178.51-3, 178.53-3,
178.55-3, 178.56-3, 178.57-3, 178.58-3, 178.59-3,
178.60-3, 178.61-3(a), 178.65-3, 178.68-3,
178.270-3(f), 178.270-13(d), 178.601(e)(g)(7),
(h), (k), 178.603(b), 178.604(b)2), 178.605(b),
178.606(b), (c), 178.608(b)(5), 178.801(e)(2),
(h), (i), 178.813(c).
2137-0559.................. Rail Carriers and Tank Car Tank Secs. 173.10(b)(1), 173.31(a)(2), 173.247(a),
Requirements. 173.31(b)(6)(ii) 174.9, 174.20(b), 174.50,
174.61, 172.102:
SP: B-45, B-46, B-55, B-61, B-69, B-77, B-78, B-
81, 174.63(d),
Secs. 174.81, Table Note b, 174.104(c), (e),
(f), 174.114, 174.204(a)(1), 179.3, 179.5
179.7(b)(2), (5)(d), 179.22, 180.505, 180.509,
180.515, 180.517(a)(b), 180.519(d).
2137-0572.................. Testing Requirements for Secs. 178.2(c), 178.601(1).
Packaging.
2137-0575.................. Bulk Packaging Marking Secs. 172.302, 172.332, 172.336.
Requirements.
2137-0582.................. Container Certification Secs. 176.172, 176.27(c).
Statement.
2137-0586.................. Hazardous Materials Public Part 110
Sector Training and Planning
Grants.
2137-0595.................. Cargo Tank Motor Vehicles in Secs. 178.337-11(a)(1)(i).
Liquefied Compressed Gas
Service.
----------------------------------------------------------------------------------------------------------------
Sec. 171.6 [Amended]
6. In Sec. 171.6, in paragraphs (a) and (b) introductory text, the
wording ``Paperwork Reduction Act of 1980'' is removed and ``Paperwork
Reduction Act of 1995'' is added each place it appears.
Sec. 171.7 [Amended]
7. In Sec. 171.7, the following changes are made:
a. In paragraph (a)(3) table, under American Society for Testing
and Materials, the wording ``1916 Race Street, Philadelphia, PA 19103''
is removed and ``100 Barr Harbor Drive, West Conshohocken, PA 19428''
is added in its place.
b. In the paragraph (b) table, under Department of Transportation
(USDOT), in the first column, the entry ``Guidelines for Selecting
Preferred Highway Routes for Highway Route Controlled Quantity
Shipments of Radioactive Materials [51 FR 5968 February 18, 1986]
Effective March 20, 1986, HMT-166T.'' is removed and in the second
column, the entry ``177.825'' is removed.
Sec. 171.8 [Amended]
8. In Sec. 171.8, the definition ``State routing agency'' is
removed.
Sec. 171.12 [Amended]
9. In Sec. 171.12, in paragraph (d)(1), the wording ``172.507,
173.22(c), and 177.825'' is removed and ``172.507 and 173.22(c)'' is
added in its place.
Sec. 171.15 [Amended]
10. In Sec. 171.15, in paragraph (a)(2), the reference ``175.45,''
is removed.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
11. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
11a. In Sec. 172.101, the Hazardous Material Table is amended by
adding the following entry, in appropriate alphabetical order, as
follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 51559]]
Sec. 172.101 Hazardous Materials Table
Hazardous (8) Packaging authorizations (Sec. (9) Quantity limitations (10) Vessel stowage
materials Hazard 173.***) -------------------------------------------------------
Symbols descriptions and class or Identification PG Label codes Special -------------------------------------------- Passenger
proper shipping division numbers provisions aircraft/ Cargo air- Location Other
names Exceptions Non-bulk Bulk rail craft only
(1) (2)............... (3) (4).............. (5).......... (6)............... (7).......... (8A)......... (8B)......... (8C)........ (9A)........ (9B)........ (10A)....... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Radioactive 7 UN2910........... ............. EMPTY............. ............. 428.......... 428.......... 428......... ............ ............ A........... ............
material,
excepted package-
empty package or
empty packaging.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 51560]]
Sec. 172.101 [Amended]
12. In addition, in Sec. 172.101, in the Hazardous Materials Table,
the following changes are made:
a. For the entry ``Accumulators, pressurized, pneumatic or
hydraulic (containing non-flammable gas).'', in column (6), ``2.1'' is
removed and ``2.2'' is added in its place.
b. For the entry ``Hydrogen chloride, anhydrous'', in column (7),
``B43'', is removed and ``3'' is added.
c. For the entry ``Jet perforating guns, charged oil well, with
detonator, 1.1D, NA0124'', in column (7), ``D55'' is removed and ``55''
is added in its place.
d. For the entry ``Mercury contained in manufactured articles'', in
column (5), ``I'' is removed and ``III'' is added in its place.
e. For each of the following entries, in column (5), ``II'' is
added: ``Propellant, liquid, 1.3C, UN0495'', ``Propellant, liquid,
1.1C, UN0497'', ``Propellant, solid, 1.1C, UN0498'', ``Propellant,
solid, 1.3C, UN0499''.
12a. In Appendix A to Sec. 172.101, paragraph 4 is revised to read
as follows:
Appendix A--to Sec. 172.101--List of Hazardous Substances and
Reportable Quantities
* * * * *
4. Column 1 of TABLE 1, entitled ``Hazardous substance'',
contains the names of those elements and compounds that are
hazardous substances. Following the listing of elements and
compounds is a listing of waste streams. These waste streams appear
on the list in numerical sequence and are referenced by the
appropriate ``D'', ``F'', or ``K'' numbers. Column 2 of TABLE 1,
entitled ``Reportable quantity (RQ)'', contains the reportable
quantity (RQ), in pounds and kilograms, for each hazardous substance
listed in Column 1 of TABLE 1.
* * * * *
Sec. 172.203 [Amended]
13. In Sec. 172.203, in paragraph (k)(3), as amended at 62 FR 24719
on May 6, 1997 the entry ``Hydrogen gases mixtures, compressed,
n.o.s.'' is removed and the entry ``Hydrocarbon gases mixtures,
compressed, n.o.s.'' is added in alphabetical order.
Sec. 172.204 [Amended]
14. In Sec. 172.204, in paragraph (b)(1) introductory text, the
wording ``for a hazardous materials offered for'' is removed and the
wording ``for a hazardous material offered for'' is added in its place.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
15. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.45 and 1.53.
Sec. 173.6 [Amended]
16. In Sec. 173.6, as added at 62 FR 1216, in paragraph (c)(3), the
reference ``Sec. 178.65-14'' is revised to read ``178.65(i)''.
Sec. 173.9 [Amended]
17. In Sec. 173.9, as currently in effect, in paragraph (e), the
reference ``Sec. 176.76(i)'' is revised to read ``Sec. 176.76(h)''.
Sec. 173.32 [Amended]
18. In Sec. 173.32, in paragraph (e)(2)(i), a sentence is added
immediately following the second sentence ending with the wording
``entire tank'' to read: ``Any other tank must be tested by a minimum
pressure (air or hydrostatic) of at least 2 pounds per square inch gage
or at least one and one-half times the design pressure (maximum
allowable working pressure, or re-rated pressure) of the tank,
whichever is greater.''.
Sec. 173.56 [Amended]
19. In Sec. 173.56, the following changes are made:
a. In paragraph (b)(1), in the first sentence, the wording ``the
Bureau of Explosives (BOE) or the Bureau of Mines, U.S. Department of
Interior (BOM)'' is removed and ``a person approved by the Associate
Administrator for Hazardous Materials Safety'' is added in its place.
b. In paragraph (f), the wording ``the Bureau of Explosives or the
Bureau of Mines'' is removed and ``a person approved by the Associate
Administrator for Hazardous Materials Safety'' is added in its place.
c. Also in paragraph (f), the wording ``examination by the BOE, the
BOM, or other government agency'' is removed and ``examination by a
person approved by the Associate Administrator for Hazardous Materials
Safety'' is added in its place.
Sec. 173.62 [Amended]
20. In Sec. 173.62, in the paragraph (b) Explosives Table, as
revised at 62 FR 24720, immediately following the entry NA0323, a new
entry ``NA0331'' is entered in the first column and ``116 or 117'' is
added as the corresponding entry in the second column.
Sec. 173.125 [Amended]
21. In Sec. 173.125, the second sentence of paragraph (a) is
amended by removing, the wording ``on the basis of test results
following test methods given in appendix E of this part and by applying
the appropriate criteria given in this section'' and ``on the basis of
test results following test methods given in the UN Manual of Tests and
Criteria and by applying the appropriate criteria given in this
section'' is added in its place.
Sec. 173.166 [Amended]
22. In Sec. 173.166, the following changes are made:
a. In paragraph (b)(1), the wording ``the Bureau of Explosives
(BOE) or the Bureau of Mines (BOM)'' is removed and ``a person approved
by the Associate Administrator for Hazardous Materials Safety'' is
added in its place.
b. In paragraph (b)(3)(i), the wording ``BOE or BOM'' is removed.
Sec. 173.202 [Amended]
23. In Sec. 173.202, in paragraph (b), the authorized packaging
``Aluminum box: 4A'' is revised to read ``Aluminum box: 4B''.
Sec. 173.221 [Amended]
24. In Sec. 173.221, in the heading and in the first sentence, the
word ``Polystyrene'' is revised to read ``Polymeric'' each place it
appears.
Sec. 173.225 [Amended]
25. In Sec. 173.225, in paragraph (e)(4) in the first sentence, the
wording ``between 0.2 and 10.0 g/min'' is removed and the wording ``at
least 0.2 grams per 10 minutes'' is added in its place.
Sec. 173.242 [Amended]
26. In Sec. 173.242, in paragraph (b)(1), in the first sentence,
the wording ``Sec. 178.346-10 or Sec. 178.347-10'' is revised to read
``Sec. 178.346-3 or Sec. 178.347-4''.
Sec. 173.243 [Amended]
27. In Sec. 173.243, in paragraph (b)(1), in the first sentence,
the wording ``Sec. 178.346-10 or Sec. 178.347-10'' is revised to read
``Sec. 178.346-3 or Sec. 178.347-4''.
Sec. 173.247 [Amended]
28. In Sec. 173.247, in paragraph (g)(1)(iii)(C), the reference
``Sec. 179.200-18'' is revised to read ``Sec. 179.15''.
29. In Sec. 173.320, paragraph (a)(3) is revised to read as
follows:
Sec. 173.320 Cryogenic liquids; exceptions.
(a) * * *
[[Page 51561]]
(3) Subparts A and B of part 173, and Secs. 174.1, 177.800,
177.804, and 177.823 of this subchapter.
* * * * *
Sec. 173.422 [Amended]
30. In Sec. 173.422, in paragraph (b)(2), the reference ``175.45,''
is removed.
PART 175--CARRIAGE BY AIRCRAFT
31. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.700 [Amended]
32. In Sec. 175.700, in paragraph (b), in the first sentence, the
reference ``Sec. 175.45'' is revised to read ``Sec. 171.15''.
PART 176--CARRIAGE BY VESSEL
33. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 176.340 [Amended]
34. In Sec. 176.340, in paragraph (c), the wording ``Commandant,
USCG (G-MTH)'' is removed and the wording ``Commandant, USCG (G-MSO)''
is added in its place.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
35. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 177.810 [Amended]
36. In Sec. 177.810, the last sentence, ``For Class 7 (radioactive)
materials, see Sec. 177.825 of this part.'' is removed.
Sec. 177.840 [Amended]
37. In Sec. 177.840, in paragraph (e), the wording ``the U.S.
Bureau of Mines'' is removed and ``The National Institute of
Occupational Safety and Health (NIOSH) Pittsburgh Research Center, U.S.
Department of Health and Human Services'' is added in its place.
PART 178--SPECIFICATIONS FOR PACKAGINGS
38. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.36 [Amended]
39. In Sec. 178.36, in paragraph (a)(2)(iii), the wording,
``l=moment of inertia--0.04909 (D4-d4) inches
fourth'' is revised to read ``I=moment of inertia--0.04909
(D4-d4) inches fourth''.
Sec. 178.44 [Amended]
40. In Sec. 178.44, in paragraph (b), in Table 1.--Authorized
Materials, in the second column for the entry ``Molybdenum,'' the
specification ``0.18/0.25'' is removed and ``0.15/.025'' is added in
its place.
Sec. 178. 50 [Amended]
41. In Sec. 178.50, in paragraph (i) introductory text, the wording
``Each cylinder must'' is removed and the wording ``Cylinders must'' is
added in its place.
42. In Sec. 178.68, paragraph (f)(1)(ii) is revised to read as
follows:
Sec. 178.68 Specification 4E welded aluminum cylinders.
* * * * *
(f) * * *
(1) * * *
(ii) One-half of the minimum tensile strength of the material as
required in paragraph (j) of this section.
* * * * *
43. In Sec. 178.270-14, paragraph (b)(13) is revised to read as
follows:
Sec. 178.270-14 Marking of tanks.
* * * * *
(b)* * *
(13) Metallurgical design temperature range, in deg.C or deg.F.
* * * * *
Sec. 178.338-19 [Amended]
44. In Sec. 178.338-19, in paragraph (b), in the last sentence, the
wording ``of the section'' is removed and ``of this section'' is added
in its place.
Sec. 178.503 [Amended]
45. In Sec. 178.503, in paragraph (a)(1), the wording ``paragraph
(d)'' is removed and ``paragraph (e)(1)'' is added in its place.
PART 179--SPECIFICATIONS FOR TANK CARS
46. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.15 [Amended]
47. In Sec. 179.15, the following changes are made:
a. In paragraph (b), the heading is revised to read as set forth
below.
b. In the introductory text of paragraph (e), in the second
sentence, the word ``reclosing'' is revised to read ``nonreclosing''.
c. Paragraph (f)(1) is revised to read as follows:
Sec. 179.15 Pressure relief devices.
* * * * *
(b) Settings for reclosing pressure relief devices.* * *
* * * * *
(f) * * *
(1) Until October 1, 1998, a nonreclosing pressure relief device
must incorporate a rupture disc designed to burst at a pressure equal
to 100% of the tank test pressure, or 33% of the tank burst pressure.
After that date, a nonreclosing pressure relief device must incorporate
a rupture disc designed to burst at a pressure equal to the greater of
100% of the tank pressure, or 33% of the tank burst pressure.
* * * * *
Sec. 179.100-19 [Amended]
48. In Sec. 179.100-19, in paragraph (a), the reference
``Sec. 179.101'' is revised to read ``Sec. 179.15''.
Sec. 179.200-23 [Amended]
49. In Sec. 179.200-23, in paragraph (a), the reference
``Sec. 179.201-1'' is revised to read ``Sec. 179.15''.
Sec. 179.220-24 [Amended]
50. In Sec. 179.220-24, the reference ``Sec. 179.221-1'' is revised
to read ``Sec. 179.15''.
Sec. 179.221-1 [Amended]
51. In the Sec. 179.221-1 table, the first column heading ``DOT
specification \1\ '' is revised to read ``DOT specification'' and
immediately following the table, footnote 1 is removed.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
52. The authority citation for part 180 is revised to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
53. In Sec. 180.509, the text of paragraph (j) is designated as
paragraph (j)(1) and paragraph (j)(2) is added to read as follows:
Sec. 180.509 Requirements for inspection and test of specification
tank cars.
* * * * *
(j) Leakage pressure test. (1) * * *
(2) Interior heater systems must be tested hydrostatically at 13.87
Bar (200 psi) and must show no signs of leakage.
* * * * *
Issued in Washington, DC, on September 24, 1997, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Acting Administrator.
[FR Doc. 97-25821 Filed 9-30-97; 8:45 am]
BILLING CODE 4910-60-P