[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