[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Pages 51912-51920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24898]



[[Page 51912]]

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 174, 175, 178, and 179

[Docket No. RSPA-99-6212 (HM-189P)]
RIN 2137-AD38


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 in 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, 1999.

FOR FURTHER INFORMATION CONTACT: Michael G. Stevens, 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 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 all minor editorial 
corrections (e.g., typographical, capitalization and punctuation 
errors), changes to legal authority citations and certain other minor 
adjustments to enhance the clarity of the HMR.

Section-by-Section Review

Part 107

Section 107.14

    Paragraph (a)(1) is revised to update operating hours of RSPA's 
hazardous materials telephone information line and to provide the 
correct internet address for the Hazardous Materials Safety website.

Section 107.117

    In paragraph (d)(4), the telephone number for emergency exemption 
processing under the Federal Railroad Administration is updated.

Part 171

Section 171.6

    In paragraph (b)(2), the table of OMB control numbers is revised to 
reflect current control numbers, report titles, and affected sections 
for collections of information.

Section 171.7

    The International Organization for Standardization (ISO) entry 
``ISO 780-1985(E), Packaging Pictoral Marking and Handling of Goods'', 
is removed for simplification of the regulations. Package orientation 
arrows, as illustrated in Sec. 172.312, need only to conform 
pictorially to the ISO standard. Because the illustration shown in 
Sec. 172.312 and the ISO standard are identical, reference to the 
standard is unnecessary.

Section 171.8

    In the definition for ``hazardous substance'', a reference in 
paragraph (3)(i) to the requirements for determining whether a mixture 
of radionuclides exceeds the reportable quantity (RQ) is corrected to 
read ``paragraph 7 of Appendix A to Sec. 172.101''.

Section 171.14

    Paragraph (c), as amended in a final rule published October 1, 1998 
(Docket HM-189O; 63 FR 52844), is revised to correct the inadvertent 
removal of the authorization to offer and transport liquid hazardous 
materials in non-specification fiber drums after October 1,1999. This 
authorization remains valid until funds are authorized by Congress to 
be appropriated to carry out chapter 51 of title 49, United States Code 
(related to transportation of hazardous materials). Paragraph (c)(2) 
containing an expired compliance date is removed.

Part 172

Section 172.101

    Minor changes are made to three proper shipping names. The entry 
``2-Bromopropanes'', UN2344, PG II, is revised to read 
``Bromopropanes'' for consistency with the PG III entry and the UN 
Recommendations. In the entry ``Dichlorofluoromethane or Refrigerant 
gas R212'', UN1029, ``R212'' is revised to read ``R21'' to correct a 
printing error. The entry ``2-ethylbutyl acetate'', UN1177, is revised 
to read ``ethylbutyl acetate'' for consistency with the UN 
Recommendations. Stocks of preprinted shipping papers and package 
markings showing these old proper shipping names may be continued in 
use for a period up to one-year from the effective date of this final 
rule, as currently provided by Sec. 172.101(l).
    For the entry ``Nitrogen dioxide, see Dinitrogen tetroxide'', 
UN1067, the wording ``Nitrogen dioxide'' is corrected from italicized 
to Roman type. The use of either name is acceptable as a proper 
shipping name.
    For the entry ``Nitrous oxide, refrigerated liquid, UN2201'', in 
column (6), the label code ``2.2'' is revised to read ``2.2, 5.1''. 
This revision aligns the entry with the UN Recommendations. Currently, 
Sec. 172.402(f) requires any Division 2.2 material that also meets the 
definition for an oxidizing gas to be labeled OXIDIZER.
    For the entry ``Organic peroxide type C, liquid'', UN3103, in 
column (6), the ``5.1'' label code is revised to read ``5.2'' to 
correct a typographical error. The division number for the material, in 
column 3, is correctly shown as ``5.2''.
    For the entries, ``Paint or Paint related material'', UN3066, 
Packing groups II and III, in column (8B), the reference ``202'' and 
``203'' respectively are removed and the reference ``173'' is added in 
their place. The packagings prescribed in Sec. 173.173 are the same as 
those prescribed in Secs. 173.202 and 173.203.
    For the entry ``Sulfur, 4.1, UN1350'', Special provision N20 is 
removed. Special provision N20 authorizes the use of a 5M1 non-bulk 
multi-wall paper bag; whereas, sulfur is not regulated when packaged in 
non-bulk packagings. In addition, for the entries ``Sulfur, 4.1, 
UN1350'' and ``Sulfur, 9, NA1350'', Special provision A1 is removed. 
Special provision A1 prohibits non-bulk single packagings on passenger 
aircraft.
    For the entry ``Uranyl nitrate hexahydrate solution'', UN2980, the 
packaging exception reference in column 8A, ``421, 425'', is corrected 
to read ``421, 427''. The packaging exceptions for low specific 
activity

[[Page 51913]]

(LSA) radioactive materials were moved from Sec. 173.425 to 
Sec. 173.427 in a final rule published September 28,1995 (60 FR 50307).

Appendix A to Section 172.101

    The second footnote following Table 2, identified as 
``EEE'', is corrected to read ``''.
    The third and fourth footnotes following Table 2, identified as 
``**'' and ``***'' respectively, are revised to correctly reference 
paragraph 7 of this appendix, which describes a method for determining 
the reportable quantities for radionuclide mixtures or solutions.

Section 172.102

    In paragraph (c)(3), the second sentence of Special Provision B7 is 
revised to clarify that the requirement applies to multi-unit tank car 
tanks only.
    In paragraph (c)(5), the following changes are made: Special 
Provision N20 is removed. Special Provision N71, which is applicable 
only to the entries ``Paint'' and ``Paint related material'', is 
redundant with the packaging requirements prescribed in Sec. 173.173 
and, therefore, is removed.
    In paragraph (c)(7), Special Provision T38, the last sentence 
containing an expired compliance date is removed.

Section 172.312

    In paragraph (a)(2), the reference to ISO Standard 780-1985 is 
removed. Referencing this ISO standard is unnecessary because the 
package orientation arrows shown in the standard are depicted 
Illustratively in this section.

Section 172.400

    In paragraph (b), in column 1 of the table, the entry ``7 (empty 
packages, see Sec. 173.427) is corrected to read ``7 (empty packages, 
see Sec. 173.428)''. The requirements for empty radioactive packages 
were moved to Sec. 173.428 in a final rule published September 28, 1995 
(60 FR 50307).

Part 173

Section 173.52

    In paragraph (b), in the first column of Table 1, the fifth and 
sixth entries for compatibility groups E and F, in the parenthetical 
expression, the wording ``flammable liquid gel'' is corrected to read 
``flammable liquid or gel'.

Section 173.57

    In paragraph (a), the introductory text is revised to update the 
description of the UN Recommendations on the Transport of Dangerous 
Goods, Manual of Tests and Criteria, and to correct a punctuation 
error.

Section 173.62

    In paragraph (a), the reference to paragraph ``(e)'' is corrected 
to read paragraph ``(d)''. In addition, in the Table of Packing Methods 
in paragraph (c), the entries ``133'' and ``137'' are revised to 
correct a format printing error.

Section 173.121

    In the table in paragraph (a), the last two entries in column 3 are 
corrected by adding the appropriate temperature in Celsius.

Section 173.150

    In paragraph (c), a grammatical error is corrected to clarify 
shipping paper exceptions do not apply to ORM-D materials offered for 
transportation and transported by aircraft.

Section 173.197

    Paragraph (b) containing an expired compliance date is removed. The 
paragraph designation ``(a)'' is removed from the introductory text and 
paragraphs (1) through (7) are redesignated as paragraphs (a) through 
(g) respectively.

Section 173.314

    In the third sentence in paragraph (e), the word 
``monomethylamine'' is corrected to read ``methylamine anhydrous''.

Section 173.315

    In the paragraph (a) table, the entry for ``Liquefied petroleum 
gas'' is revised to reference new note 26 in column 4. This note is 
added to alert readers that LPG is authorized for transportation in 
non-specification cargo tanks subject to the conditions prescribed in 
the current paragraph (k) of this section.

Section 173.318

    In paragraph (a)(3)(i), the reference ``Sec. 176.76(h)(1)'' is 
corrected to reference the cryogenic liquids requirements in 
Sec. 176.76(g).

Section 173.410

    In paragraph (h), the semicolon at the end of the sentence is 
replaced with a period.

Section 173.428

    The introductory paragraph is editorially revised to correct a 
misconception that empty radioactive materials packagings are excepted 
from labeling. As prescribed in paragraph (d) of this section, the 
``Empty'' label is required to be affixed to the packaging.

Section 173.469

    In the formula in paragraph (a)(4)(i), the expression ``1.3 
 10-4'' is corrected to read ``1.3  x  
10-4''.

Part 174

Section 174.85

    In the explanatory notes following the table in paragraph (d), in 
the line entry which begins with ``Group 3'', the wording ``PG I'' 
after the wording ``2.3'' is removed. Compressed gases are not assigned 
to packing groups.

Part 175

Section 175.700

    Paragraph (a)(1) is removed and the remaining paragraphs are 
renumbered. Packages requiring a Radioactive Yellow-II label do not 
have a transport index exceeding 1.0; therefore, this paragraph is 
unnecessary.

Part 178

Section 178.61

    In paragraph (f)(2), the reference to ``paragraph (m)'' is 
corrected to read ``paragraph (j)''.

Section 178.245-4

    Paragraph (e) is revised to correctly reference the definition of a 
``container'' in the Coast Guard regulations at Sec. 450.3(a)(2), not 
Sec. 450.3(a)(3).

Section 178.803

    The table is revised to correct the footnote applicable to the 
hydrostatic testing of metal intermediate bulk containers (IBC) 
intended to contain liquids or solids loaded or discharged under 
pressure.

Part 179

Section 179.15

    Paragraph (f)(1) is amended to remove an obsolete compliance date 
and to correct the wording ``tank pressure'' to read ``tank test 
pressure''.

Section 179.300-15

    Paragraph (a) is revised to remove a reference to Sec. 179.302. 
This section appears in the HMR as ``reserved''.

Section 179.400-8

    In paragraph (d), a reference to ``Sec. 179.100-23(a)(1)'' is 
revised to read ``Sec. 179.16(c)''. Section 179.100-23 was removed from 
the HMR in a final rule published June 5, 1996 (Docket HM-216; 61 FR 
28666).

[[Page 51914]]

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''). Federal 
hazardous material transportation law, (49 U.S.C. 5101-5127) contains 
express preemption provisions at 49 U.S.C. 5125.
    RSPA is not aware of any State, local, or Indian tribe requirements 
that would be preempted by correcting editorial errors and making minor 
regulatory changes. This final rule does not have sufficient federalism 
impacts to warrant the preparation of a federalism assessment.

C. Executive Order 13084

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this rule would 
not significantly or uniquely affect the communities of the Indian 
tribal governments, the funding and consultation requirements of this 
Executive Order do not apply.

D. 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.

E. 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.

F. Impact on Business Processes and Computer Systems (Year 2000)

    Many computers that use two digits to keep track of dates may, on 
January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. The 
Year 2000 problem could cause computers to stop running or to start 
generating erroneous data. The Year 2000 problem poses a threat to the 
global economy in which Americans live and work. With the help of the 
President's Council on Year 2000 conversion, Federal agencies are 
reaching out to increase awareness of the problem and to offer support. 
We do not want to impose new requirements that would mandate business 
process changes when the resources necessary to implement those 
requirements would otherwise be applied to the Year 2000 problem.
    This final rule does not impose business process changes or require 
modification to computer systems. Because the final rule does not 
affect organizations' ability to respond to the Year 2000 problem, we 
do not intend to delay the effectiveness of the requirements in the 
final rule.

G. Paperwork Reduction Act

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

H. 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

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

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 175

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

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

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority 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.

Sec. 107.14  [Amended]

    2. In Sec. 107.14, the following changes are made:
    a. In paragraph (a)(1), second sentence, the time ``4:00 p.m.'' is 
removed and ``5:00 p.m.'' is added in its place.
    b. In paragraph (a)(1), last sentence, the internet website 
``http://ohm.volpe.dot.gov/ohm'' is removed and ``http://
hazmat.dot.gov'' is added in its place.


Sec. 107.117  [Amended]

    3. In Sec. 107.117, in paragraph (d)(4), the wording ``202-366-0509 
or 366-0523'' is removed and the wording ``202-493-6247 or 202-493-
6244'' is added in its place.

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.


[[Page 51915]]


    5. In Sec. 171.6, paragraph (b)(2) is revised to read as follows:


Sec. 171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) Table.

----------------------------------------------------------------------------------------------------------------
                                                                                          Title 49 CFR part or
  Current OMB  control No.                             Title                            section where identified
                                                                                              and described
----------------------------------------------------------------------------------------------------------------
2137-0014..................  Cargo Tank Specification Requirements....................  Secs.  107.503, 107.504,
                                                                                         178.320, 178.337,
                                                                                         178.338, 178.345,
                                                                                         178.346, 178.347,
                                                                                         178.348, 180.409,
                                                                                         180.417.
2137-0018..................  Inspection and Testing of Portable Tank and IBC's........  Secs.  173.24, 173.32,
                                                                                         173.32 (b) (e),
                                                                                         173.32a, 173.32b,
                                                                                         173.32c, 178.3,
                                                                                         178.245, 178.245-1 (a),
                                                                                         178.245-6, 178.255,
                                                                                         178.255-1, 178.270,
                                                                                         178.271, 178.272,
                                                                                         178.702, 178.703,
                                                                                         178.801, 178.810,
                                                                                         178.813, 180.352.
2137-0022..................  Testing, Inspection, and Marking Requirements for          Secs.  173.34 (c),
                              Cylinders.                                                 173.34 (e) (10),
                                                                                         173.302 (c) (3), (c)
                                                                                         (5), 173.302 (e),
                                                                                         173.303 (d), 173.309,
                                                                                         178.2, 178.3, 178.35(f)
                                                                                         (g) (h), 178.36 (e),
                                                                                         178.37 (e), 178.38 (e),
                                                                                         178.44 (s), 178.45 (n),
                                                                                         178.46 (m), 178.47 (p),
                                                                                         178.57(q), 178.59 (n),
                                                                                         178.60 (r), 178.61 (p),
                                                                                         178.68(n), 178.337,
                                                                                         178.338, 178.345.
2137-0034..................  Hazardous Materials Shipping Papers and Emergency          Part 172, Secs.  173.6,
                              Response Information.                                      173.7 (a) (1), 173.8,
                                                                                         173.22 (a) (1), 173.56
                                                                                         (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.
2137-0039..................  Hazardous Materials Incident Report......................  Secs.  171.15, 171.16.
2137-0051..................  Rulemaking and Exemptions Petitions......................  Part 106, Subpart B,
                                                                                         Part 107, Subpart B,
                                                                                         Secs.  106.31, 106.33,
                                                                                         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..........................  Part 173, Subpart I,
                                                                                         Secs.  173.22 (c),
                                                                                         173.411, 173.415 (a),
                                                                                         173.416 (b), 173.417
                                                                                         (a) (5), (b) (3), (4),
                                                                                         173.457 (b), 173.471
                                                                                         (a), (d), 173.472,
                                                                                         173.473 (a), (d),
                                                                                         173.476 (a), (b), (c).
2137-0542..................  Cryogenic Liquids Requirements...........................  Secs.  173.318, 177.816,
                                                                                         177.840, 180.405.
2137-0557..................  Approvals for Hazardous Materials........................  Secs.  107.401, 107.402,
                                                                                         107.403, 107.404,
                                                                                         107.405, 172.101 (l)
                                                                                         (2), 172.102 (c) (1)
                                                                                         (60), (c) (3) (B69),
                                                                                         173.2a (c) (4), 173.4
                                                                                         (c), 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), 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 Requirements.............  Secs.  172.102 (c) (3)
                                                                                         (B45), (B46), (B55),
                                                                                         (B61), (B69), (B77),
                                                                                         (B78), (B81), 173.10
                                                                                         (b) (1), 173.31 (a)
                                                                                         (2), (b) (6) (ii),
                                                                                         173.247 (a), 174.9,
                                                                                         174.20 (b), 174.50,
                                                                                         174.61, 174.63 (d),
                                                                                         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 Non-Bulk Packaging..............  Secs.  178.2 (c),
                                                                                         178.601 (1).
2137-0582..................  Container Certification Statement........................  Secs.  176.27 (c),
                                                                                         176.172 (c).
2137-0586..................  Hazardous Materials Public Sector Training and Planning    Part 110.
                              Grants.
2137-0595..................  Cargo Tank Motor Vehicles in Liquefied Compressed Gas      Secs.  173.315 (h) (2),
                              Service.                                                   178.337, 178.337-8,
                                                                                         178.337-9, 180.405,
                                                                                         180.416 (b) (d) (f) (h)
                                                                                         (1).
----------------------------------------------------------------------------------------------------------------

Sec. 171.7  [Amended]

    6. In Sec. 171.7, in paragraph (a)(3) table, under ``International 
Organization for Standardization'', the entry ``ISO 780-1985(E), 
Packaging-Pictoral Marking and Handling of Goods....172.312'' is 
removed.


Sec. 171.8  [Amended]

    7. In Sec. 171.8, in paragraph (3)(i) of the definition for 
``Hazardous substance'', the wording ``paragraph 6'' is removed and 
``paragraph 7'' is added in its place.


Sec. 171.12a  [Amended]

    8. In Sec. 171.12a, in the first sentence in paragraph (b) 
introductory text, the word ``Transportion'' is removed and the word 
``Transportation'' is added in its place.
    9. In Sec. 171.14, paragraph (c) is revised to read as follows:


Sec. 171.14  Transitional provisions for implementing certain 
requirements.

* * * * *
    (c) Non-specification fiber drums. A non-specification fiber drum 
with a removable head is authorized for a liquid hazardous material in 
Packing Group III that is not poisonous by inhalation for which the 
packaging was authorized under the requirements of part 172 or part 173 
of this subchapter in effect on September 30, 1991. This authorization 
expires on the date on which funds are authorized to be appropriated to 
carry out chapter 51 of title 49, United States Code (related to 
transportation of hazardous materials), for fiscal years beginning 
after September 30, 1997. Information concerning this funding 
authorization date may be obtained by contacting the Office of the 
Associate Administrator for Hazardous Materials Safety.
* * * * *

[[Page 51916]]

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

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

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

    11. In Sec. 172.101, the Hazardous Materials Table is amended by 
removing, adding, in appropriate alphabetical sequence, and revising, 
the following entries to read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 51917]]



                                                                             Sec.  172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        (8) Packaging (Sec.  173.* * *)             (9)  Quantity         (10)  Vessel stowage
                  Hazardous                                                                       -------------------------------------------        limitations       -------------------------
                  materials       Hazard     Identification                             Special                                              --------------------------
   Symbols    descriptions and   class or       Numbers          PG      Label Codes   provisions                                              Passenger
               proper shipping   Division                                                           Exceptions     Non-bulk         Bulk       aircraft/   Cargo  air-    Location      Other
                    names                                                                                                                         rail      craft only
(1)           (2).............      (3)     (4)............  (5)......  (6).........  (7)........  (8A).......  (8B).........  (8C).........  (9A).......  (9B).......  (10A)......  (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
              [REMOVE:].......
 
                                       *                  *                  *                  *                  *                  *                  *
              2-Bromopropanes.
 
                                       *                  *                  *                  *                  *                  *                  *
              Dichlorofluorome
               thane or
               Refrigerant gas
               R212.
 
                                       *                  *                  *                  *                  *                  *                  *
              2-Ethylbutyl
               acetate.
 
                                       *                  *                  *                  *                  *                  *                  *
              Nitrogen
               dioxide, see
               Dinitrogen
               tetroxide.
 
                                       *                  *                  *                  *                  *                  *                  *
              [ADD:]..........
 
                                       *                  *                  *                  *                  *                  *                  *
              Bromopropanes...        3     UN2344.........  II.......  3...........  T7.........  150........  202..........  242..........  5 L........  60 L.......  B..........  40
 
                                       *                  *                  *                  *                  *                  *                  *
              Dichlorofluorome        2.2   UN1029.........    .......  2.2.........    .........  306........  304..........  314, 315.....  75 kg......  150 kg.....  A..........  ...........
               thane or
               refrigerant gas
               R21.
 
                                       *                  *                  *                  *                  *                  *                  *
              Ethylbutyl              3     UN1177.........  III......  3...........  B1, T1.....  150........  203..........  242..........  60 L.......  220 L......  A..........  ...........
               acetate.
 
                                       *                  *                  *                  *                  *                  *                  *
              Nitrogen
               dioxide, see
               Dinitrogen
               tetroxide.
 
                                       *                  *                  *                  *                  *                  *                  *
              [REVISED:]......
 
                                       *                  *                  *                  *                  *                  *                  *
              Nitrous oxide,          2.2   UN2201.........  .........  ............  2.2, 5.1.    None.......  304..........  314, 315.....  75 kg......  150 kg.....  B..........  40
               refrigerated                                                            B6.
               liquid.
 
                                       *                  *                  *                  *                  *                  *                  *
              Organic peroxide        5.2   UN3103.........  II.......  5.2.........  ...........  152........  225..........  None.........  5 L........  10 L.......  D..........  12, 40
               type C, liquid.
 
                                       *                  *                  *                  *                  *                  *                  *
              Paint or Paint          8     UN3066.........  II.......  8...........  B2, T14....  154........  173..........  242..........  1 L........  30 L.......  A..........  ...........
               related
               material.
              ................  ..........  ...............  III......  8...........  B52, T7....  154........  173..........  241..........  5 L........  60 L.......  A..........  ...........
 
                                       *                  *                  *                  *                  *                  *                  *
D...........  Sulfur..........        9     NA1350.........  III......  9...........  30.........  None.......  None.........  240..........  No limit...  No limit...  A..........  19, 74
I...........  Sulfur..........        4.1   UN1350.........  III......  9...........  30, T1.....  None.......  None.........  240..........  No limit...  No limit...  A..........  19, 74
 
                                       *                  *                  *                  *                  *                  *                  *
              Uranyl nitrate          7     UN2980.........    .......  7, 8........    .........  421, 427...  415, 416, 417  415, 416, 417  ...........  ...........  D..........
               hexahydrate
               solution.
 
                                       *                  *                  *                  *                  *                  *                  *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 51918]]

Sec. 172.101, Appendix A  [Amended]

    12. In Appendix A to Sec. 172.101 the following changes are made:
    a. In the second footnote of Table 2, the symbol ``EEE'' is 
removed and ``'' is added in its place.
    b. In the third footnote of Table 2, the wording ``paragraph 6'' is 
removed and ``paragraph 7'' is added in its place.
    c. In the fourth footnote of Table 2, in the second sentence, the 
wording ``paragraph 6'' is removed and ``paragraph 7'' is added in its 
place.


Sec. 172.102  [Amended]

    13. In Sec. 172.102, the following changes are made:
    a. In paragraph (c)(3), in Special Provision B7, in the second 
sentence, insert the wording ``on multi-unit tank car tanks'' between 
the words ``devices'' and ``shall''.
    b. In paragraph (c)(5), Special Provision N20 is removed.
    c. In paragraph (c)(5), Special Provision N71 is removed.
    d. In paragraph (c)(7)(ii), in Special Provision T38, the last 
sentence is removed.


Sec. 172.312  [Amended]

    14. In Sec. 172.312, in paragraph (a)(2), the wording ``ISO 
Standard 780-1985,'' is removed and the wording ``the illustration 
shown in this paragraph,'' is added in its place.


Sec. 172.400  [Amended]

    15. In Sec. 172.400, in paragraph (b), in column 1 of the table, 
the entry ``7 (empty packages, see Sec. 173.427)'' is removed and the 
entry ``7 (empty packages, see Sec. 173.428 of this subchapter)'' is 
added in its place.

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

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

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

    17. In Sec. 173.52, in paragraph (b), in Table 1, the fifth and 
sixth entries are removed and new entries are added in their place to 
read as follows:


Sec. 173.52  Classification codes and compatibility groups of 
explosives.

* * * * *
    (b) * * *

                                         Table 1.--Classification Codes
----------------------------------------------------------------------------------------------------------------
                                                                                   Compatibility  Classification
              Description of substances or article to be classified                    group           code
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Article containing a secondary detonating explosive substance, without means of               E           1.1E
 initiation, with a propelling charge (other than one containing flammable liquid                      1.2E
 or gel or hypergolic liquid)....................................................                      1.4E
Article containing a secondary detonating explosive substance with its means of               F           1.1F
 initiation, with a propelling charge (other than one containing flammable liquid                      1.2F
 or gel or hypergolic liquid) or without a propelling charge.....................                      1.3F
                                                                                                       1.4F
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec. 173.57  [Amended]

    18. In Sec. 173.57, in paragraph (a) introductory text, the 
parenthetical wording ``(UN Recommendations on the Transport of 
Dangerous Goods, Tests and Criteria, Part I, Second Edition (see 
Sec. 171.7 of this subchapter)'' is removed and the parenthetical 
wording ``(UN Recommendations on the Transport of Dangerous Goods, 
Manual of Tests and Criteria (see Sec. 171.7 of this subchapter))'' is 
added in its place.


Sec. 173.62  [Amended]

    19. In Sec. 173.62, the following changes are made:
    a. In paragraph (a), at the beginning of the first sentence, the 
reference ``paragraph (e)'' is revised to read ``paragraph (d)''.
    b. In paragraph (c), in the Table of Packing Methods, in the entry 
``133'', in column 1 ``Packing instruction'', the text under the 
wording ``2. Intermediate packagings are only required when trays are 
used as inner packagings'' is moved to column 2 ``Inner packagings'', 
under the word ``Receptacles''.
    c. In paragraph (c), in the Table of Packing Methods, in the entry 
137, under column 1 ``Packing instruction'', the text under the wording 
``When the shaped charges are packed in pairs, the conical cavities 
must face inwards to minimize the jetting effect in the event of 
accidental initiation'' is moved to column 2 ``Inner packagings'', 
under the word ``Bags''.
    20. In Sec. 173.121, the table in paragraph (a) is revised to read 
as follows:


Sec. 173.121  Class 3--Assignment of packing group.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
             Packing group                     Flash point (closed-cup)              Initial boiling point
----------------------------------------------------------------------------------------------------------------
I.....................................  .....................................  35 deg.C (95 deg.F)
II....................................  <23 deg.C (73 deg.F).................  >35 deg.C (95 deg.F)
III...................................  23 deg.C, 60.5   >35 deg.C (95 deg.F)
                                         deg.C (73 deg.F, 141 deg.F).
----------------------------------------------------------------------------------------------------------------

* * * * *
    21. In Sec. 173.150, the last sentence in paragraph (c) is revised 
to read as follows:


Sec. 173.150  Exceptions for Class 3 (flammable) and combustible 
liquids.

* * * * *

[[Page 51919]]

    (c) Consumer commodities. * * * In addition to the exceptions 
provided by paragraph (b) of this section, shipments of ORM-D materials 
are not subject to the shipping paper requirements of subpart C of part 
172 of this subchapter, unless the material meets the definition of a 
hazardous substance, hazardous waste, marine pollutant, or are offered 
for transportation and transported by aircraft, and are eligible for 
the exceptions provided in Sec. 173.156.
* * * * *


Sec. 173.197  [Amended]

    22. In Sec. 173.197, paragraph (b) is removed and paragraph (a) 
introductory text and paragraphs (a)(1) through (a)(7) are redesignated 
as introductory text and paragraphs (a) through (g), respectively.


Sec. 173.314  [Amended]

    23. In Sec. 173.314, in paragraph (e), the word ``monomethylamine'' 
is removed and ``methylamine anhydrous'' is added in its place.
    24. In Sec. 173.315(a) table, the entry for ``Liquefied petroleum 
gas'' is revised and a new note 26 is added at the end of the table to 
read as follows:


Sec. 173.315  Compressed gases in cargo tanks and portable tanks.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                     Maximum permitted filling density       Specification container required
                                 -------------------------------------------------------------------------------
           Kind of gas                                 Percent by volume
                                   Percent by weight   (see par. (f) of    Type (see Note 2)    Minimum design
                                     (see Note 1)        this section)                          pressure (psig)
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Liquefied petroleum gas (see      See par. (b) of     See par. (b) of     DOT-51, MC-330, MC- See par. (c) of
 Note 15).                         this section.       this section.       331; See Note 26.   this section.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *
   *
Note 26: Non-specification cargo tanks may be used for the transportation of liquefied petroleum gas, subject to
  the conditions prescribed in paragraph (k) of this section.

* * * * *


Sec. 173.318  [Amended]

    25. In Sec. 173.318, paragraph (a)(3)(i) is amended by removing the 
section reference ``Sec. 176.76(h)(1)'' and adding ``176.76(g)'' in its 
place.


Sec. 173.410  [Amended]

    26. In Sec. 173.410, in paragraph (h) introductory text, the 
wording ``unauthorized operation;'' is removed and the wording 
``unauthorized operation.'' is added in its place.
    27. In Sec. 173.428, the introductory text is revised to read as 
follows:


Sec. 173.428  Empty Class 7 (radioactive) materials packaging.

    A packaging which previously contained Class 7 (radioactive) 
materials and has been emptied of contents as far as practical, is 
excepted from the shipping paper, certification, and marking 
requirements of this subchapter, and from requirements of this chapter, 
provided that--
* * * * *


Sec. 173.469  [Amended]

    28. In Sec. 173.469, in paragraph (a)(4)(i), the formula 
``10-4 torr-1/s (1.3  10-4 atm-
cm3/s)'' is removed and ``10-4 torr-1/s (1.3  x  
10-4 atm-cm3/s)'' is added in its place.

PART 174--CARRIAGE BY RAIL

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

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


Sec. 174.85  [Amended]

    30. In Sec. 174.85, in paragraph (d) introductory text, in the 
notes following the table, in the Group 3 entry, the parenthetical 
wording ``(PG I, Zone A; poisonous gas)'' is removed and ``(Zone A; 
poisonous gas)'' is added in its place.

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, paragraph (a)(1) is removed and paragraphs 
(a)(2) through (a)(4) are redesignated as paragraphs (a)(1) through 
(a)(3), respectively.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec. 178.61  [Amended]

    34. In Sec. 178.61, make the following changes:
    a. In paragraph (f)(2), the wording ``paragraph (m)'' is removed 
and ``paragraph (j)'' is added in its place.
    b. In paragraph (f)(4), in the formula, the last expression 
``(D2 . d2)'' is removed and ``(D2 - 
d2)'' is added in its place.


Sec. 178.245-4  [Amended]

    35. In Sec. 178.245-4, in paragraph (e), the reference to 
``Sec. 450.3(a)(3)'' is removed and ``Sec. 450.3(a)(2)'' is added in 
its place.


Sec. 178.803  [Amended]

    36. In Sec. 178.803, in the table, in column 2 under ``Metal 
IBCs'', the expression ``4X'' corresponding to the column 1 
entry ``Hydrostatic'' is removed and the expression ``3X'' 
is added in its place.

PART 179--SPECIFICATIONS FOR TANK CARS

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

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

    38. In Sec. 179.15, paragraph (f)(1) is revised to read as follows:


Sec. 179.15  Pressure relief devices.

* * * * *
    (f) * * *
    (1) 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 test pressure, or 33% of the tank burst pressure.
* * * * *

[[Page 51920]]

Sec. 179.300-15  [Amended]

    39. In Sec. 179.300-15, in paragraph (a), at the beginning of the 
first sentence, the wording ``in Sec. 179.302, or'' is removed.


Sec. 179.400-8  [Amended]

    40. In Sec. 179.400-8, in paragraph (d), in the second sentence, 
the reference to ``Sec. 179.100-23(a)(1)'' is removed and 
``Sec. 179.16(c)'' is added in its place.

    Issued in Washington, DC, on September 21, 1999, under authority 
delegated in 49 CFR part 1.
Stephen D. Van Beek,
Deputy Administrator.
[FR Doc. 99-24898 Filed 9-24-99; 8:45 am]
BILLING CODE 4910-60-P