[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Proposed Rules]
[Pages 53166-53178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25395]



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Part V





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 171, et al.



Hazardous Materials; Miscellaneous Amendments; Proposed Rule

  Federal Register / Vol. 64, No. 189 / Thursday, September 30, 1999 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 174, 175, 177, 178, 179 and 180

[Docket No. RSPA-99-6213 (HM-218)]
RIN 2137-AD16


Hazardous Materials; Miscellaneous Amendments

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: RSPA proposes to make miscellaneous amendments to the 
Hazardous Materials Regulations (HMR) based on petitions for rulemaking 
and RSPA initiative. These proposed amendments are intended to update, 
clarify or provide relief from certain regulatory requirements.

DATES: Comments must be received by November 29, 1999.

ADDRESSES: Submit written comments to the Dockets Management System, 
U.S. Department of Transportation, 400 Seventh Street, SW, Washington, 
DC 20590-0001. Comments should identify Docket Number RSPA-99-6213 and 
be submitted in two copies. Persons wishing to receive confirmation of 
receipt of their comments should include a self-addressed stamped 
postcard. Comments may also be submitted to the docket electronically 
by logging onto the Dockets Management System website at http://
dms.dot.gov. Click on ``Help & Information'' to obtain instructions for 
filing the document electronically. In every case, the comment should 
refer to the Docket number ``RSPA-99-6213''.
    The Dockets Management System is located on the Plaza Level of the 
Nassif Building, at the above address. Public dockets may be reviewed 
at the address above between the hours of 9:00 a.m. to 5:00 p.m., 
Monday through Friday, excluding Federal holidays. In addition, the 
NPRM and all comments can be reviewed on the Internet by accessing the 
Hazmat Safety Homepage at ``http://hazmat.dot.gov.''

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

SUPPLEMENTARY INFORMATION:

Background

    This NPRM is designed primarily to reduce regulatory burden on 
industry by incorporating changes into the HMR based on RSPA's own 
initiative and petitions for rulemaking submitted in accordance with 49 
CFR 106.31. This NPRM also is consistent with the goals of the 
President's Regulatory Reinvention Initiative. On March 4, 1995, the 
President directed Federal agencies to perform an extensive review of 
all agency regulations and eliminate or revise those requirements that 
are outdated or in need of reform. In a continuing effort to review the 
HMR for necessary revisions, RSPA is also proposing to eliminate, 
revise, clarify and relax certain other regulatory requirements.
    The following is a section-by-section summary of the proposed 
changes.

Section-by-Section Review

Part 171

Section 171.7
    RSPA proposes to update the incorporation by reference of the 
American Society of Mechanical Engineers (ASME) Code to the 1998 
Edition. Currently, the 1992 Edition and the Addenda through December 
31, 1993 are incorporated by reference. After a review, RSPA believes 
that the 1998 Edition should be incorporated by reference. However, at 
this time RSPA is not proposing to adopt any Addenda to the 1998 
Edition of the ASME Code because we have not fully reviewed them.
Section 171.8
    The definition for ``Aerosol'' would be revised to remove reference 
to a ``metal'' receptacle to align the HMR with the UN Recommendations.
    RSPA proposes to revise the definition for ``EX number.'' 
Currently, the definition states that an EX number is assigned by the 
Associate Administrator for Hazardous Materials Safety (AAHMS) to 
identify an explosive which has been approved. However, RSPA presently 
assigns EX numbers to track materials evaluated by the AAHMS under the 
provisions of Sec. 173.56, regardless of whether or not they are 
approved under a different hazard class.
    The definition for ``Placarded car'' would be revised to remove 
reference to a ``FUMIGATION placard.'' As used in the HMR, a railcar 
containing lading which has been fumigated or is undergoing fumigation 
is required to display the ``FUMIGANT marking'' shown in Sec. 173.9.
Section 171.11
    RSPA is proposing to remove paragraph (d)(5), which requires the 
identification of a poison material on the shipping paper. The 
International Civil Aviation Organization (ICAO) Technical Instruction 
already requires the shipping paper to identify subrisks and RSPA 
believes paragraph (d)(5) is unnecessary. RSPA is proposing to add a 
new paragraph (d)(5) to require that the original approval (EX) number 
or traceable product code issued to an air bag inflator or seat-belt 
pretensioner be entered on the shipping paper in association with the 
basic description, as specified in Sec. 173.166 (c). Currently, 
shipping papers for devices offered under the ICAO Technical 
Instruction are not required to contain the EX number or product code 
for an approved inflator or pretensioner. RSPA believes this shipping 
paper provision should include air bags or seat-belt pretensioners when 
offered and transported in the United States under the authority of 
international regulations. Devices containing a pressure vessel and 
transported as Division 2.2 (UN3353) would be excluded from this 
shipping paper notation requirement. In addition, paragraph (d)(14) 
would be revised to clarify that ``Aerosols'' transported in the U.S. 
under the provisions of the ICAO Technical Instructions must be in 
metal packagings if the packaging exceeds 7.22 cubic inches.
Section 171.12
    RSPA is proposing to revise paragraph (a) to clarify that the 
shipping paper documentation required under the International Maritime 
Dangerous Goods Code (IMDG) or International Atomic Energy Agency 
(IAEA) must be written in English as currently required by 
Sec. 172.201(a)(2). Similar to the proposed change to Sec. 171.11 
above, RSPA proposes to add paragraph (b)(5) to require that the 
approval (EX) number or traceable product code be entered on shipping 
papers for airbag inflators and seat belt pretensioners offered under 
the International Maritime Dangerous Goods (IMDG) Code.

Part 172

Section 172.101
    Paragraphs (b)(2) and (b)(6) would be revised to clarify that 
proper shipping names denoted with an ``A'' or ``W'' in Column (1), in 
the HMT, may be used to describe hazardous materials transported by all 
modes when all applicable requirements are met.
    RSPA proposes to remove paragraph (c)(8), which is specific to 
determining

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a proper shipping description for hazardous substances as it is 
redundant with Sec. 172.101(c).
    Paragraph (c)(8) would be replaced to allow the words ``liquid'' or 
``solid'' to be added to a proper shipping name when a hazardous 
material specifically listed by name may due to differing physical 
states be a liquid or solid. This is consistent with existing 
provisions in the UN Recommendations, the ICAO TI and the IMDG Code.
    The entry ``Chemical kits or First aid kits (containing hazardous 
materials)'' would be separated into two individual entries for easier 
reference. In addition, the wording ``(containing hazardous 
materials)'' is unnecessary and would be removed.
    The entry `` 1-chloro-3-bromopropane'' would be changed to read 
``1-bromo-3-chloropropane'' to be in accordance with the UN 
Recommendations.
    A new entry ``Fumigated transport vehicle or freight container, see 
Sec. 173.9'' would be added to reference Sec. 173.9 which contains 
requirements for transporting fumigated lading. This change would 
facilitate the location of these requirements by readers.
    For the entries, ``Polychlorinated biphenyls, liquid'' and 
``Polychlorinated biphenyls, solid,'' UN2315, in Column 1, the symbols 
``A, W'' would be removed and a new Special Provision 140 would be 
added in Column 7. Special Provision 140 would state that the material 
is only regulated when it meets the defining criteria for a hazardous 
substance or a marine pollutant.
    For the entry ``Air, compressed,'' Special Provision 78 would be 
added in Column 7 to specify that only mixtures with not more than 23.5 
percent oxygen may be transported under this entry. An OXIDIZER label 
is not required for mixtures containing not more than 23.5 percent 
oxygen. This change will align the HMR with a recent amendment adopted 
in the eleventh revised edition of the UN Recommendations. In addition, 
for the entry ``Rare gases and oxygen mixtures, compressed,'' Special 
Provision 79 would be added to state that this entry may not be used 
for mixtures meeting the criteria for oxidizing gas in Sec. 171.8. RSPA 
believes that it is more appropriate to use a generic oxidizing gas 
entry (i.e., Compressed gas, oxidizing, n.o.s.) when such mixtures meet 
the criteria of an oxidizing gas.
    For the entry, ``Sodium chlorate, aqueous solution,'' PG II, 
Special Provision ``B6'' would be removed. It was pointed out to RSPA 
that similar entries (Potassium chlorate, aqueous solution and 
Chlorates, inorganic, aqueous solution) are not assigned this Special 
Provision. RSPA agrees that the Special Provision was mistakenly 
assigned.
    In response to comments submitted by the Vessel Operators Hazardous 
Materials Association (VOHMA), in response to the NPRM of HM-215C, RSPA 
is proposing to revise a number of HMT entries with inconsistently 
applied Codes 34 and 95 in column 10B. These codes pertain to 
segregation of Division 2.3 and 6.1 and Class 8 hazardous materials 
with foodstuffs. These changes will align the HMR with the IMDG Code. 
In total, there are twenty (20) deletions of Code 95, nine (9) 
additions of Code 95, three (3) changes from Code 34 to 95, and three 
(3) deletions of Code 34 from Column 10B.
Section 172.102
    In paragraph (c)(1), a new Special Provision 78 would be added to 
specify that the entry ``Air, compressed'' may not be used to describe 
compressed air which contains more than 23.5% of oxygen. This change 
would align the HMR with a recent amendment adopted in the eleventh 
revised edition of the UN Recommendations. In addition, a new Special 
Provision 79 would be added to specify that the entry ``Rare gases and 
oxygen mixtures, compressed'' may not be used for gas mixtures which 
meet the criteria for an oxidizing gas. This change would ensure that 
the correct emergency response information is provided for mixtures 
which meet the criteria for oxidizing gas. We are also proposing to add 
a new Special Provision 140 to the entries ``Polychlorinated biphenyls, 
liquid'' and ``Polychorinated biphenyl, solid,'' UN 2315 to state that 
the material is only regulated when it meets the defining criteria for 
a hazardous substance or marine pollutant. This change would be 
consistent with international regulations.
    We propose, in paragraph (c)(5), to revise Special Provision N10 
regarding lighters. Currently, approvals for lighters require the 
approval number to be marked on the package and on the shipping papers. 
We believe that this requirement should be contained in the 
regulations.
Section 172.201
    Paragraph (a)(1)(ii) would be revised to clarify that when a 
reproduced shipping paper identifies hazardous materials entries by 
highlighting the basic description in a contrasting color, the packing 
group must be highlighted. The packing group is identified as a basic 
description element by Sec. 172.202(a)(4) and (b).
Section 172.204
    For consistency with paragraphs (a)(1), (a)(2) and the ICAO 
Technical Instructions, paragraph (c)(1) would be revised to change the 
word ``packed'' to read ``packaged.'' A transition period of 10 years 
would be provided for depletion of preprinted shipping papers showing 
the word ``packed'' to reduce costs.
Sections 172.332 and 172.336
    In response to a petition for rulemaking from the American Trucking 
Association (ATA) [P-1364], RSPA proposes to amend Secs. 172.332(a) and 
172.336(b) to authorize the use of white square-on-point configurations 
for display of identification number markings regardless of whether a 
placard is required for that material. RSPA agrees with ATA that it is 
unnecessarily restrictive to prevent the use of identification number 
markings displayed on square-on-point configurations in conjunction 
with placards.
Section 172.504
    RSPA proposes to revise the Class 9 table entry to reference 
Sec. 172.504(f)(9), which provides an exception from displaying a Class 
9 placard for domestic transportation. In addition, paragraph (f)(8), 
regarding the placarding of a material classed as a combustible liquid 
that also meets the definition of a Class 9, would be removed. A new 
paragraph (f)(8) would be added to provide an exception, in domestic 
transportation, for placarding a transport vehicle displaying a POISON 
INHALATION placard if it is already placarded with a POISON GAS 
placard.
Section 172.516
    Paragraph (a) would be revised by changing the wording ``motor 
vehicle'' to ``transport vehicle'' the second time it appears in the 
first sentence, to correct an inaccurate usage of the term ``motor 
vehicle''. This change clarifies that each placard on a motor vehicle 
must be clearly visible from the direction it faces, except from the 
direction of another transport vehicle to which the motor vehicle is 
coupled.
Section 172.519
    Paragraph (b)(3) would be revised to clarify that text is required 
on the DANGEROUS placard. In addition, the provision would be revised 
to clarify that text is not required on an OXYGEN placard when the 
specific identification number is displayed.

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Section 172.604
    Paragraph (c)(2) would be revised to clarify that hazardous 
materials transported under the proper shipping name ``Consumer 
commodity'' do not require emergency response information, regardless 
of whether the hazard class is ``ORM-D'' as provided by the HMR, or 
``9'' as provided by the ICAO Technical Instructions.
Section 172.704
    In Sec. 172.704, paragraph (b) would be revised to add the 
reference, ``29 CFR 1910.1200,'' in addition to 29 CFR 1910.120 of the 
Department of Labor's Occupational Safety and Health Administration 
(OSHA). This change is needed to clarify that any training received due 
to OSHA's requirements need not be repeated to meet DOT training 
requirements.

Part 173

Section 173.4
    RSPA proposed to revise paragraphs (a)(1)(i) (ii) and (iii) to 
clarify that the limit of one gram for Division 6.1 material per inner 
receptacle applies only to materials that are poisonous by inhalation. 
In addition, RSPA proposes to add a note to Sec. 173.4(a)(6)(ii) to 
clarify that one package need not be subjected to all of the tests 
specified in Sec. 173.4; a separate, but identical, packaging may be 
used for each test.
Section 173.5
    In Sec. 173.5, paragraph (a) would be revised to grant an exception 
from the emergency response and training requirements in subparts G and 
H of Part 172 respectively to Class 2 agricultural products that are 
transported over local roads between fields of the same farm. 
Currently, agricultural products other than Class 2 materials are 
completely excepted from the HMR when transported between fields of the 
same farm. RSPA believes that similar relief is warranted for Class 2 
materials.
Section 173.7
    We are proposing to add a new paragraph (e) which would incorporate 
and expand the existing exception in Sec. 173.62, paragraph (d) for 
Class 1 explosives owned by the Department of Defense (DOD). Section 
173.62, paragraph (d) would be deleted. Currently DOD is authorized to 
ship their Class 1 materials that were packaged prior to January 1, 
1990, without regard to the current packaging requirements in Part 178. 
In addition to the existing exception, we are proposing to also except 
these packagings from the marking and labeling requirements. This would 
alleviate the need to remark and re-label DOD stockpiled hazardous 
materials. Considering that the revised exception applies to marking 
and labeling of DOD packagings in addition to packaging requirements, 
RSPA believes it is more appropriate that the exceptions appear in 
Sec. 173.7.
Section 173.12
    In Sec. 173.12, paragraph (b)(3) would be revised to clarify that 
materials poisonous by inhalation are not authorized for the lab pack 
provisions.
Section 173.13
    In Sec. 173.13, paragraph (a) would be revised to clarify that use 
of the CARGO AIRCRAFT ONLY label is required. As discussed in the 
preamble to Docket HM-222 [May 30,1996; 61 FR 27169], it was RSPA's 
intention to except use of primary and subsidiary hazard labels only. 
Hazardous materials transported under the provisions of Sec. 173.13 are 
not authorized for transportation by passenger carrying aircraft. When 
transported without the CARGO AIRCRAFT ONLY label, RSPA believes that 
some packagings offered for transportation under Sec. 173.13 may 
inadvertently be placed on a passenger carrying aircraft in violation 
of the HMR. This change would be consistent with Sec. 172.402(c) 
regarding display of the CARGO AIRCRAFT ONLY label.
Section 173.32
    In Sec. 173.32, we propose to amend paragraph (e)(3) to authorize 
smaller markings on specification portable tanks that were originally 
authorized to be marked with letters and numerals as small as 1/8 of an 
inch in height. The specification plates originally attached to these 
packagings do not have sufficient space to accommodate larger size 
markings after retesting.
Section 173.60
    In Sec. 173.60, a new paragraph (b)(14) would be added consistent 
with the UN Recommendations to allow large explosive articles normally 
intended for military use, to be transported unpackaged under specific 
conditions. This provision is currently found in Sec. 173.62 Packing 
Instruction (PI) 130; however, the provision only applies to those 
explosives assigned to PI 130. Inclusion of this new paragraph would 
allow any large explosive article normally intended for military use to 
be transported unpackaged under the specified conditions.
Section 173.61
    In Sec. 173.61, paragraph (a) would be revised to clarify that 
explosives may be packed with non hazardous materials that will not 
adversely affect the explosive. RSPA believes that relaxation of this 
provision will avoid the need for exemptions.
Section 173.62
    In Sec. 173.62, paragraph (d) would be removed. Reference the 
preamble discussion under Sec. 173.7.
Section 173.150
    RSPA proposes to remove the wording ``and combustible liquids'' in 
the first sentence of Sec. 173.150(b). Referring to combustible liquids 
is unnecessary because there is no requirement for labeling or 
specification packaging. In addition, paragraph (f)(3)(iv) would be 
revised to clarify that placards are not required for a combustible 
liquid that is a hazardous substance, hazardous waste or marine 
pollutant in a non-bulk packaging.
    We propose to revise paragraph (f)(3)(viii) by changing a reference 
from Sec. 177.834 to Sec. 177.834(j). Paragraph (j) requires that 
manholes and valves be closed during transportation. This proposed 
change would clarify that combustible liquids are not subject to other 
provisions of Sec. 177.834, such as those pertaining to attendance, and 
is responsive to a petition for rulemaking (P-1386) from the Petroleum 
Marketers Association of America.
Section 173.166
    We propose to revise the introductory text in paragraph (e) to 
clarify that all airbag modules and inflators and seat belt 
pretensioners including those in Division 2.2 that are transported 
under UN 3353 must be packaged in UN packagings meeting the Packing 
Group III performance level. At present, since no packing group is 
provided in Sec. 172.101 for UN 3353, the required level of testing for 
UN packagings authorized for use in paragraph (e) for devices 
transported under UN 3353 is not stated in the HMR. The proposal to 
require a Packing Group III performance level is consistent with the 
provisions in the eleventh revised edition of the UN Recommendations.
    We also propose to authorize an air bag module or a seat belt 
pretensioner that has been removed from a motor vehicle that was 
manufactured as required for use in the United States to be offered for 
transportation in commerce without marking the EX number or product 
code on the shipping paper, as required by current paragraph (c). 
Instead, the word ``Recycled'' would

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be entered immediately after the basic description prescribed in 
Sec. 172.202. This proposed change will facilitate transportation of 
these devices for recycling and eliminate the need for exemption, DOT-E 
12189 granted to the Automotive Recyclers Association and several other 
grantees.
Section 173.242
    In paragraph (c)(1), a reference to obsolete Sec. 178.253-4 would 
be removed and replaced with the specific portable tank venting 
requirements that were contained in that section.
Section 173.247
    Paragraph (g)(1)(iii)(C) would be revised to clarify the pressure 
relief device requirements for bulk packagings transported by rail. The 
current regulatory text may be misunderstood as requiring the use of a 
combination pressure relief device, such as a reclosing pressure relief 
device (a safety valve) incorporating a rupture disc on the upstream 
side. The paragraph would be revised to clarify the requirement for a 
nonreclosing pressure relief device that incorporates a rupture disc 
conforming to the requirements of Sec. 179.15.
Section 173.306
    Paragraph (h)(2) would be revised to clarify that shipping papers 
are required for a Class 2 material that has been reclassed as a 
consumer commodity if it also meets the definition for ``marine 
pollutant.'' This change would provide consistency with corresponding 
HMR limited quantity provisions.
Section 173.307
    Paragraph (a)(4) would be revised to except from the HMR, 
refrigerating machines, including dehumidifiers and air conditioners 
and components thereof, containing up to 12 kg (25 pounds) or less of a 
non-flammable, non-toxic gas; 12 L (3 gallons) or less of ammonia 
solution (UN2672) and except for air transportation, 12 kg (25 pounds) 
of flammable non-toxic gas, and 20 kg (44 pounds) or less of a Group A1 
refrigerant specified in ANSI/ASHRAE Standard 15. In addition, for air 
transportation consistent with Special Provision A103 of the ICAO 
Technical Instructions an exception would be provided for refrigerating 
machines containing 100 g (4 ounces) or less of a flammable, non-toxic 
liquified gas. This paragraph is also revised for clarity and to 
reference both International System of Units (SI) and customary units.

Part 174

Section 174.26
    The section heading would be revised by removing the phrase ``of 
placarded cars.'' This change clarifies that the prescribed shipping 
paper requirements apply to any person who accepts hazardous materials 
for transportation by rail.
Section 174.50
    As set forth in Sec. 174.50, the Federal Railroad Administration 
(FRA) has authority to approve for movement a tank car not conforming 
to the HMR. Since the adoption of the provision, FRA has issued 
approximately 400 movement approvals for tank cars that no longer 
conform to the regulations, for reasons such as leaking fittings, 
accident damage and exceeding the gross rail load. RSPA proposes to 
expand FRA's approval authority from tank cars to all rail cars. This 
would allow FRA to grant approval for the movement of covered hopper 
cars, gondola cars, and other types of railroad equipment when they no 
longer conform to Federal law, but may safely be moved to a repair 
location and eliminate the need for exemption for such movements.

Part 175

Section 175.25
    Paragraph (a)(2)(ii) would be revised to authorize lettering of at 
least 4 mm (.16 inch) in height, based on RSPA initiative. Currently, 
the height requirement is 6mm (0.2 inch) minimum for some of the 
information required on the notification to air passengers of hazardous 
materials restrictions. The smaller lettering does not significantly 
impact readability and encourages use of space on signs for other 
information such as graphics.
Section 175.30
    An exception in paragraph (d)(1) for inspecting packages of 
consumer commodities packaged in a freight container would be expanded 
to include consumer commodities that are palletized or overpacked. RSPA 
believes that it is impracticable for consumer commodities that are 
palletized or overpacked to be broken down and inspected by the 
operator of the aircraft. This amendment would allow consumer 
commodities that are overpacked or palletized to be handled in the same 
manner as consumer commodities in freight containers.

Part 177

Section 177.848
    Paragraph (c) would be revised to clarify that the prohibition 
against loading or storing cyanides or cyanide mixtures with acids 
applies only if hydrogen cyanide would be generated when the materials 
come into contact with each other.

Part 178

Section 178.3
    RSPA proposes to amend the introductory text to paragraph (a) to 
clarify that the specification markings on a UN standard packaging may 
not be marked on a removable component of a packaging.
Section 178.345-13
    In paragraph (a), a reference to obsolete Secs. 178.346-13(a), 
178.347-13(a), and 178.348-13(a) would be removed.
Section 178.603
    RSPA proposes to revise paragraph (f)(5) to allow a slight 
discharge from a closure if it ceases immediately after impact with no 
further leakage. Currently this allowance applied only to drums, 
jerricans or bags. This proposed change would align the criteria for 
passing the drop test with international regulations.
Section 178.605
    RSPA proposes to revise the last sentence in paragraph (d)(1) to 
correctly reference the maximum filling limits in Sec. 173.24a(d).
Section 178.703
    RSPA proposes to revise Sec. 178.703(a)(1)(ii) to correctly 
reference all of paragraph (a) of Sec. 178.702, and not merely 
paragraphs (a)(1) and (2), for the code number used to designate an IBC 
design type.
Section 178.815
    Paragraph (c)(4)(iii) would be added to authorize dynamic 
compression testing for IBCs in the same manner as is currently 
authorized for non-bulk packagings. RSPA considers the dynamic 
compression test to be an equivalent test method and that by allowing 
more flexibility in the stacking test requirements will provide a cost 
saving to the regulated industry.

Part 179

Section 179.100-20
    RSPA proposes to remove the water capacity entry in the table that 
requires each DOT-105A100W tank car to be

[[Page 53170]]

stamped with the water capacity in pounds because it is redundant. 
Section 179.22 requires a tank car to be marked in accordance with 
Appendix C of the Association of American Railroads (AAR) Tank Car 
Manual. Section C3.03 of the AAR manual already requires marking the 
water capacity, in gallons and liters, on the side of the tank car. 
Consequently, the requirement proposed for deletion is redundant and 
conflicting with other requirements. Therefore, as a result, its 
removal will have no effect on safety.

Part 180

Section 180.417
    RSPA proposes to revise paragraph (a)(2) to allow a cargo tank 
owner to retain the vehicle certification report and related papers at 
a company's principal place of business or at the location where the 
vehicle is housed or maintained, without obtaining prior approval from 
the Regional Director, Office of Motor Carrier Safety, Federal Highway 
Administration. This change offers motor carriers greater flexibility 
in the location where these documents are retained.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034).
    The costs and benefits associated with this proposed rule are 
considered to be so minimal as to not warrant preparation of a 
regulatory impact analysis or regulatory evaluation. This determination 
may be revised as a result of public comment.

B. Executive Order 12612

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612 
(``Federalism''). Federal law expressly preempts State, local, and 
Indian tribe requirements, applicable to the transportation of 
hazardous materials, that cover certain subjects and are not 
substantively the same as the Federal requirements. 49 U.S.C. 
5125(b)(1). These subjects are:
    (i) The designation, description, and classification of hazardous 
materials;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents 
pertaining to hazardous materials and requirements respecting the 
number, content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (v) The design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous materials.
    This proposed rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous materials, among other covered 
subjects.
    If adopted as final, this rule would preempt any State, local, or 
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR 
107.202(d)) as the Federal requirements.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects after November 16, 
1990, DOT must determine and publish in the Federal Register the 
effective date of Federal preemption. That effective date may not be 
earlier than the 90th day following the date of issuance of the final 
rule and not later than two years after the date of issuance. RSPA 
requests comments on what the effective date of Federal preemption 
should be for the requirements in this proposed rule that concern 
covered subjects.

C. Executive Order 13084

    This propose 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 proposed rule would not significantly or uniquely affect 
the communities, the funding and consultation requirements of the 
Executive Order do not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule would amend miscellaneous provisions in the HMR, 
generally to clarify those provisions and to relax requirements that 
are overly burdensome. The proposed changes in this rule are generally 
intended to provide relief to shippers, carriers, and packaging 
manufacturers, some of whom are small entities (e.g., governmental 
jurisdictions and not-for-profit organizations). The costs and benefits 
associated with this proposed rule are considered to be so minimal as 
to not warrant preparation of a regulatory impact analysis or 
regulatory evaluation. Therefore, I certify that this proposal will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to a collection of information unless it displays a valid 
Office of Management and Budget (OMB) control number. This NPRM does 
not propose any new information collection burdens. The information 
collection associated with the proposal to provide for nonconforming 
railcars under Sec. 174.50 is currently being reported under the 
information collection for exemption applications under Sec. 107.105. 
Information collection requirements contained in Sec. 174.50 have been 
approved by the OMB under control number 2137-0559.

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.

G. Unfunded Mandates Reform Act

    This proposed 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.

H. Impact on Business Processes and Computer Systems

    Many computers that use two digits to keep track of dates will, on 
January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. 
This glitch, 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

[[Page 53171]]

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 proposed rule does not mandate 
business process changes or require modifications to computer systems. 
Because this proposed rule does not affect organizations' ability to 
respond to the Year 2000 problem, we do not intend to delay the 
effectiveness of the requirements.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

    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 177

    Hazardous materials transportation, Motor carriers, 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.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.
    In consideration of the foregoing, 49 CFR chapter I is proposed to 
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 would continue to read as 
follows:

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


Sec. 171.7  [Amended]

    2. In Sec. 171.7, in paragraph (a)(3), in the table of material 
incorporated by reference, the entry ``ASME Code, Sections II (Parts A 
and B), V, VIII (Division 1), and IX of 1992 Edition of American 
Society of Mechanical Engineers Boiler and Pressure Vessel Code and 
Addenda through December 31, 1993'' would be removed and the wording 
``ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX 
of 1998 Edition of American Society of Mechanical Engineers Boiler and 
Pressure Vessel Code'' would be added in its place.
    3. In Sec. 171.8, the definitions of ``Aerosol,'' ``EX number'' and 
``Placarded car'' would be revised to read as follows:


Sec. 171.8  Definitions and abbreviations.

* * * * *
    Aerosol means any non-refillable receptacle containing a gas 
compressed, liquefied or dissolved under pressure, the sole purpose of 
which is to expel a nonpoisonous (other than an Division 6.1 Packing 
Group III material) liquid, paste, or powder and fitted with a self-
closing release device allowing the contents to be ejected by the gas.
* * * * *
    EX number means a number preceded by the prefix ``EX'', assigned by 
the Associated Administrator for Hazardous Materials Safety, to an item 
that has been evaluated under the provisions of Sec. 173.56 of this 
subchapter pertaining to explosives.
* * * * *
    Placarded car means a rail car which is placarded in accordance 
with the requirements of part 172 of this subchapter.
* * * * *
    4. In Sec. 171.11, paragraph (d)(5) would be revised and a sentence 
would be added at the end of paragraph (d)(14) to read as follows:


Sec. 171.11  Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (5) Except for a Division 2.2 air bag, air bag module, or seat-belt 
pretensioner, the shipping paper description must conform to the 
requirements of Sec. 173.166(c) of this subchapter.
* * * * *
    (14) * * * In addition, an aerosol must be in a metal packaging if 
the packaging exceeds 7.22 cubic inches.
* * * * *
    5. In Sec. 171.12, a sentence would be added at the end of 
paragraph (a) and a new paragraph (b)(19) would be added to read as 
follows:


Sec. 171.12  Imports and export shipments.

    (a) * * * All shipping paper information required under paragraph 
(b) or (d) of this section must be in English.
    (b) * * *
    (19) Except for Division 2.2, the shipping paper description for an 
air bag, air bag module, or seat-belt pretensioner must conform to the 
requirements of Sec. 173.166(c) of this subchapter.
* * * * *

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

    6. The authority citation for part 172 would continue to read as 
follows:

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

    7. In Sec. 172.101, paragraphs (b)(2), (b)(6), as redesignated at 
64 FR 10753 effective October 1, 1999, and (c)(8) would be revised to 
read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *
    (b) * * *
    (2) The letter ``A'' denotes a material that is subject to the 
requirements of this subchapter only when offered or intended for 
transportation by aircraft, unless the material is a hazardous 
substance or a hazardous waste. A shipping description entry preceded 
by an ``A'' may be used to describe a material for other modes of 
transportation provided all applicable requirements for the entry are 
met.
* * * * *
    (6) The letter ``W'' denotes a material that is subject to the 
requirements of this subchapter only when offered or intended for 
transportation by vessel, unless the material is a hazardous substance 
or a hazardous waste. A shipping description entry preceded by

[[Page 53172]]

a ``W'' may be used to describe a material for other modes of 
transportation provided all applicable requirements for the entry are 
met.
    (c) * * *
    (8) Use of the words ``liquid'' or ``solid''. The words ``liquid'' 
or ``solid'' may be added to a proper shipping name when a hazardous 
material specifically listed by name may due to differing physical 
states be a liquid or solid. When the packaging specified in Column 8 
is inappropriate for the physical state of the material the table 
provided in paragraph (i)(4) of this section should be used to 
determine the appropriate packaging section.
* * * * *


Sec. 172.101  [Amended]

    8. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
the following changes would be made:
    a. For the entry ``Air, compressed'', Special Provision ``78'' 
would be added in column 7.
    b. For the entry, ``Polychlorinated biphenyls, liquid, UN2315'' in 
Column (1) Symbols, ``A, W'' would be removed and Special Provision 
``140'' would be added in column 7 in numerical order.
    c. For the entry, ``Polychlorinated biphenyls, solid, UN2315'' in 
Column (1) Symbols ``A, W'' would be removed and Special Provision 
``140'' would be added in column 7 in numerical order.
    d. For the entry, ``Sodium chlorate, aqueous solution'', PG II, 
Special Provision ``B6,'' would be removed in column 7.
    9. In Sec. 172.101, the Hazardous Materials Table would be amended 
by removing and adding, in appropriate alphabetical sequence, the 
following entries to read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 53173]]



                                                                                                 Sec.  172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                           (8) Packaging authorizations  (Sec.  173.***)     (9)  Quantity limitations         (10)  Vessel stowage
                       materials        Hazard                                                                           --------------------------------------------------------------------------------          requirements
     Symbols       descriptions and    class or     Identification          PG            Label codes         Special                                                                                    -------------------------------
                    proper shipping    division        numbers                                              provisions      Exceptions       Non-bulk          Bulk          Passenger    Cargo aircraft
                         names                                                                                                                                             aircraft/rail       only          Location          Other
(1)               (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                  [REMOVE:]
 
                                                                    *                  *                  *                  *                  *                  *
                  Chemical kits or             9  UN3316...........  ...............  9.................  15............  None..........  None..........  None..........  10 kg.........  10 kg.........  A.............  ..............
                   First aid kits
                   (containing
                   hazardous
                   materials).
 
                                                                    *                  *                  *                  *                  *                  *
                  1-Chloro-3-                6.1  UN2688...........  III............  6.1...............  T2............  153...........  203...........  241...........  60 L..........  220 L.........  A.............  ..............
                   bromopropane.
 
                                                                    *                  *                  *                  *                  *                  *
                  [ADD:]
 
                                                                    *                  *                  *                  *                  *                  *
                  1-bromo-3-                 6.1  UN2688...........  III............  6.1...............  T2............  153...........  203...........  241...........  60 L..........  220 L.........  A.............  ..............
                   chloropropane.
 
                                                                    *                  *                  *                  *                  *                  *
                  Chemical kits.....           9  UN3316...........  ...............  9.................  15............  None..........  None..........  None..........  10 kg.........  10 kg.........  A.............  ..............
 
                                                                    *                  *                  *                  *                  *                  *
                  First aid kits....           9  UN3316...........  ...............  9.................  15............  None..........  None..........  None..........  10 kg.........  10 kg.........  A.............  ..............
 
                                                                    *                  *                  *                  *                  *                  *
                  Fumigated
                   transport vehicle
                   or freight
                   container see
                   Sec.  173.9.
 
                                                                    *                  *                  *                  *                  *                  *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 53174]]

    9a. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
for the following entries, Column 10B would be revised to read as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                          Old column (10B)
         Column (2) entry          Column  (4) entry         PG                entry           Revised to read:
----------------------------------------------------------------------------------------------------------------
Chloroacetone, stabilized........  UN1695             I                 20, 40, 95.........  20, 40.
Compressed gases, toxic,           UN1953             ................  40, 95.............  40.
 flammable, n.o.s. Inhalation
 hazard Zone A.
Cupriethylenediamine solution....  UN1761             II                95.................  ...................
Cyclohexyl isocyanate............  UN2488             I                 20, 40, 95.........  20, 40.
3,5-Dichloro-2,4,6-                NA9264             I                 40, 95.............  40.
 trifluoropyridine.
Ethyl phosphonothioic dichloride,  NA2927             I                 20, 40, 95.........  20, 40.
 anhydrous.
Ethyl phosphorodichloridate......  NA2927             I                 20, 40, 95.........  20, 40.
Hydrofluoric acid and Sulfuric     UN1786             I                 40, 95.............  40.
 acid mixtures.
Lead dioxide.....................  UN1872             III               34.................  ...................
Methyldichloroarsine.............  NA1556             I                 40, 95.............  40.
Oxidizing liquid, corrosive,       UN3098             I/II/II           34, 56, 58, 69, 106  56, 58, 69, 106.
 n.o.s..                                              I
Oxidizing liquid, toxic, n.o.s...  UN3099             I/II/II           56, 58, 95, 106....  56, 58, 106.
                                                      I
Oxidizing solid, corrosive,        UN3085             I/II/II           13, 34, 56, 58, 69,  13, 56, 58, 69,
 n.o.s..                                              I                  106.                 106.
Oxidizing solid, toxic, n.o.s....  UN3087             I/II/II           56, 58, 69, 95, 106  56, 58, 69, 106.
                                                      I
Phenyl isocyanate................  UN2487             I                 20, 40, 95.........  20, 40.
Polychlorinated biphenyls........  UN2315             II                34.................  95.
Polyhalogenated biphenyls, liquid  UN3151             II                34.................  95.
 or Polyhalogenated terphenyls
 liquid.
Polyhalogenated biphenyls, solid   UN3152             II                34.................  95.
 or Polyhalogenated terphenyls,
 solid.
Potassium hydrogendifluoride,      UN1811             II                26, 40, 95.........  20, 40.
 [solution].
Radioactive material, low          UN2912             ................  ...................  95.
 specific activity, n.o.s. or
 Radioactive material, LSA, n.o.s.
Radioactive material, special      UN2974             ................  ...................  95.
 form, n.o.s.
Radioactive material, surface      UN2913             ................  ...................  95.
 contaminated object, n.o.s. or
 Radioactive material, SCO, n.o.s.
Sodium hydrosulfide, solution....  NA2922             II                40, 95.............  40.
Thorium metal, pyrophoric........  UN2975             ................  ...................  95.
Thorium nitrate, solid...........  UN2976             ................  ...................  95.
Toxic liquids, corrosive,          UN2927             I                 20, 40, 95.........  20, 40.
 organic, n.o.s., inhalation
 hazard, Packing Group I, Zone A.
Toxic liquids, corrosive,          UN2927             I                 20, 40, 95.........  20, 40.
 organic, n.o.s., inhalation
 hazard, Packing Group I, Zone B.
Toxic liquids, flammable,          UN2929             I                 20, 40, 95.........  20, 40.
 organic, n.o.s., inhalation
 hazard, Packing Group I, Zone A.
Toxic liquids, flammable,          UN2929             I                 20, 40, 95.........  20, 40.
 organic, n.o.s., inhalation
 hazard, Packing Group I, Zone B.
Toxic, liquids, organic, n.o.s.    UN2810             I                 20, 40, 95.........  20, 40.
 Inhalation hazard, Packing Group
 I, Zone B.
Toxic, liquids, organic, n.o.s.    UN2810             I                 20, 40, 95.........  20, 40.
 Inhalation hazard, Packing Group
 I, Zone A.
Uranium hexafluoride, fissile      UN2977             ................  ...................  95.
 (with more than 1 percent U-235).
Uranium metal, pyrophoric........  UN2979             ................  ...................  95.
Uranyl nitrate hexahydrate         UN2980             ................  ...................  95.
 solution.
Uranyl nitrate, solid............  UN2981             ................  ...................  95.
----------------------------------------------------------------------------------------------------------------

    10. In Sec. 172.102, in paragraph (c)(1), Special Provisions 78, 79 
and 140 would be added and in paragraph (c)(5) Special Provision N10 
would be amended by adding a sentence at the end to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *

[[Page 53175]]

    (1) * * *

Code/Special Provisions

* * * * *
    78  This entry may not be used to describe compressed air which 
contains more than 23.5 percent oxygen. An oxidizer label is not 
required for any oxygen concentration less than or equal to 23.5 
percent.
    79  This entry may not be used for mixtures that meet the 
definition for oxidizing gas.
* * * * *
    140  This material is regulated only when it meets the defining 
criteria for a hazardous substance or a marine pollutant.
* * * * *
    (5) * * *

Code/Special Provisions

* * * * *
    N10  * * * The approval number (i.e., 
T-* * *) must be marked on each outer package and on the shipping 
paper.
* * * * *


Sec. 172.201  [Amended]

    11. In Sec. 172.201, paragraph (a)(1)(ii) would be amended by 
revising the reference ``Sec. 172.202(a)(1) and (2), and (3)), or'' to 
read ``Sec. 172.202(a)(1), (2), (3), and (4)), or''.
    12. In Sec. 172.204, in paragraph (c)(1), in the certification the 
word ``packed'' would be removed and the word ``packaged'' would be 
added in its place and a note would be added following the 
certification to read as follows:


Sec. 172.204  Shipper's certification.

* * * * *
    (c) * * *
    (1) * * *

    Note to paragraph (c)(1): In the certification, the word 
``packed'' may be substituted for the word ``package'' until [10 
YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].
* * * * *
    13. In Sec. 172.332, paragraph (a) would be revised to read as 
follows:


Sec. 172.332  Identification number markings.

    (a) General. When required by Secs. 172.302, 172.336, 172.328, 
172.330, or Sec. 172.331, identification number markings must be 
displayed on orange panels or placards as specified in this section, or 
on white square-on-point configurations as prescribed in 
Sec. 172.336(b).
* * * * *


Sec. 172.336  [Amended]

    14. In Sec. 172.336, in paragraph (b), the first sentence would be 
amended by removing the wording ``in hazard classes for which hazard 
warning placards are not specified,''.
    15. In Sec. 172.504, in paragraph (e), Table 2 would be amended by 
revising the entry for category 9, and paragraph (f)(8) would be 
revised to read as follows:


Sec. 172.504  General placarding requirements.

* * * * *
    (e) * * *

                                 Table 2
------------------------------------------------------------------------
                                                               Placard
 Category of material (Hazard class                             design
 or division number and additional        Placard name         section
    description, as appropriate)                              reference
                                                               (Sec. )
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
9..................................  Class 9 (see Sec.           172.560
                                      172.504(f)(9)).
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

    (f) * * *
    (8) For domestic transportation, a POISON INHALATION HAZARD placard 
is not required on a transport vehicle or freight container that is 
already placarded with the POISON GAS placard.
* * * * *
    16. In Sec. 172.516, the first sentence of paragraph (a) would be 
revised to read as follows:


Sec. 172.516  Visibility and display of placards.

    (a) Each placard on a motor vehicle and each placard on a rail car 
must be clearly visible from the direction it faces, except from the 
direction of another transport vehicle or rail car to which the motor 
vehicle or rail car is coupled. * * *
* * * * *
    17. In Sec. 172.519, paragraph (b)(3) would be revised to read as 
follows:


Sec. 172.519  General specifications for placards.

* * * * *
    (b) * * *
    (3) For other than Class 7 or the DANGEROUS placard, text 
indicating a hazard (for example, ``FLAMMABLE'') is not required. In 
addition, text is not required on the OXYGEN placard provided that the 
specific identification number is displayed.
* * * * *
    18. In Sec. 172.604, paragraph (c)(2) would be revised to read as 
follows:


Sec. 172.604  Emergency response telephone number.

* * * * *
    (c) * * *
    (2) Materials properly described under the shipping names:

Battery powered equipment
Battery powered vehicle
Carbon dioxide, solid
Castor bean
Castor pomace
Castor flake
Castor meal
Consumer commodity
Dry ice
Engines, internal combustion
Fish meal, stabilized
Refrigerating machine
Wheelchair, electric


Sec. 172.704  [Amended]

    19. In Sec. 172.704, the second parenthetical notation in paragraph 
(b) would be amended by adding the wording ``or 1910.1200'' immediately 
after the wording ``1910.120''.

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

    20. The authority citation for part 173 would continue to read as 
follows:

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


Sec. 173.4  [Amended]

    21. In Sec. 173.4 the following changes would be made:
    a. In paragraph (a)(1)(i), the wording ``Division 6.1, Packing 
Group I materials'' would be removed and ``materials poisonous by 
inhalation'' added in its place.

[[Page 53176]]

    b. In paragraph (a)(1)(ii), the wording ``Division 6.1, Packing 
Group I materials'' would be removed and ``materials poisonous by 
inhalation'' added in its place.
    c. In paragraph (a)(1)(iii), the wording ``Division 6.1, Packing 
Group I'' would be removed and ``materials poisonous by inhalation'' 
added in its place.
    22. In addition, in Sec. 173.4, a note would be added following 
paragraph (a)(6)(ii) to read as follows:


Sec. 173.4  Small quantity exceptions

    (a) * * *
    (6) * * *
    (ii) * * *

    Note to paragraph (a)(6): Each of the tests in paragraph (a)(6) 
of this section may be performed on a different but identical 
package; i.e., all tests need not be performed on the same package.
* * * * *
    23. In Sec. 173. 5, paragraph (a) introductory text would be 
revised to read as follows:


Sec. 173.5  Agricultural operations.

    (a) For other than a Class 2 material, the transportation of an 
agricultural product over local roads between fields of the same farm 
is excepted from the requirements of this subchapter. A Class 2 
material transported over local roads between fields of the same farm 
is excepted from subparts G and H of part 172 of this subchapter. In 
either case, transportation of the hazardous material is subject to the 
following conditions:
* * * * *
    24. In Sec. 173.7, a new paragraph (e) would be added to read as 
follows:


Sec. 173.7  U.S. Government material.

* * * * *
    (e) Class 1 (explosive) materials owned by the Department of 
Defense and packaged prior to January 1, 1990, in accordance with the 
requirements of this subchapter in effect at that time, are excepted 
from the marking and labeling requirements of part 172 of this 
subchapter and the packaging and package marking requirements of part 
178 of this subchapter provided the packagings have maintained their 
integrity and the explosive material is declared as ``government-owned 
goods packaged prior to January 1, 1990'' on the shipping papers.
    25. In Sec. 173.12, paragraph (b)(3) would be revised to read as 
follows:


Sec. 173.12  Exceptions for shipment of waste materials

* * * * *
    (b) * * *
    (3) Prohibited materials. Materials meeting the definition of 
Division 6.1 Packing Group I, or Division 4.2 Packing Group I, and 
bromine pentafluoride; bromine trifluoride; chloric acid; and oleum 
(fuming sulfuric acid) may not be packaged or described under the 
provisions of this paragraph (b). In addition, a material that meets 
the definition of a material poisonous by inhalation may not be offered 
for transportation or transported under the provisions of this 
paragraph (b).
* * * * *


Sec. 173.13  [Amended]

    26. In Sec. 173.13, paragraph (a) would be amended by adding the 
parenthetical phrase ``(except for the CARGO AIRCRAFT ONLY label)'' 
after the word ``labeling'' in the first sentence.
    27. In Sec. 173.32, paragraph (e)(3) is revised to read as follows:


Sec. 173.32  Qualification, maintenance and use of portable tanks other 
than Specification IM portable tanks.

* * * * *
    (e) * * *
    (3) Marking. The date of the most recent periodic retest must be 
marked on the tank, on or near the metal certification plate. Marking 
must be in accordance with Sec. 178.3 of this subchapter, except that a 
container manufactured under previously authorized specifications may 
continue to be marked with smaller markings if originally authorized 
under that specification (e.g., DOT Specification 57 portable tanks).
* * * * *
    28. In Sec. 173.60, a new paragraph (b)(14) would be added, to read 
as follows:


Sec. 173.60  General packaging requirements for explosives.

* * * * *
    (b) * * *
    (14) Large and robust explosives articles, normally intended for 
military use, without their means of initiation or with their means of 
initiation containing at least two effective protective features, may 
be carried unpackaged. When such articles have propelling charges or 
are self-propelled, their ignition systems shall be protected against 
stimuli encountered during normal conditions of transport. A negative 
result in Test Series 4 on an unpackaged article indicates that the 
article can be considered for transport unpackaged. Such unpackaged 
articles may be fixed to cradles or contained in crates or other 
suitable handling, storage or launching devices in such a way that they 
will not become loose during normal conditions of transport and are in 
accordance with established and approved DOD procedures.
    29. In Sec. 173.61, paragraph (a) would be revised to read as 
follows:


Sec. 173.61  Mixed packaging requirements.

    (a) An explosive may not be packed in the same outside packaging 
with any material that will adversely affect the explosive. This 
provision does not apply to an explosive packaged by the DOD or DOE in 
accordance with Sec. 173.7(a).
* * * * *


Sec. 173.62  [Amended]

    30. In Sec. 173.62, paragraph (d) would be removed.


Sec. 173.150  [Amended]

    31. In Sec. 173.150, the following changes would be made:
    a. In paragraph (b) introductory text, the first sentence would be 
amended by removing the wording ``and combustible liquids''.
    b. In paragraph (f)(3)(iv), the wording ``Placarding'' would be 
removed and the wording ``For bulk packagings only, placarding'' added 
in its place.
    c. In paragraph (f)(3)(viii) the wording ``177.834'' would be 
removed and the wording ``177.834(j)'' added in its place.
    32. In Sec. 173.166, paragraph (e) introductory text would be 
revised, paragraph (f) would be redesignated as paragraph (g) and a new 
paragraph (f) would be added to read as follows:


Sec. 173.166  Air bag inflators, air bag modules and seat-belt 
pretensioners.

* * * * *
    (e) Packagings. The following packagings at the Packing Group III 
performance level are authorized:
* * * * *
    (f) Shipments for recycling. When offered for domestic 
transportation by highway or cargo aircraft only, a serviceable air bag 
module or seat-belt pretensioner that has been removed from a motor 
vehicle manufactured as required for use in the United States may be 
offered for transportation and transported without compliance with the 
shipping paper requirement prescribed in paragraph (c) of this section. 
However, the word ``Recycled'' must be entered on the shipping paper 
immediately after the basic description prescribed in Sec. 172.202 of 
this subchapter. No more than one device is authorized in the packaging 
prescribed in paragraph (e)(1), (2) or (3) of this section. The device 
must be cushioned and secured within the package to prevent movement 
during transportation.
* * * * *

[[Page 53177]]

    33. In Sec. 173.242, paragraph (c)(1) would be revised to read as 
follows:


Sec. 173.242  Bulk packaging for certain medium hazard liquids and 
solids, including solids with dual hazards.

* * * * *
    (c) * * *
    (1) Each tank must have a minimum design pressure of 62 kPa (9 
psig) and be equipped in accordance with the following, except that 
frangible devices are not authorized:
    (i) Each tank must be equipped with at least one pressure relief 
device such as a spring-loaded valve or fusible plug.
    (ii) Each pressure relief device must communicate with the vapor 
space of the tank when the tank is in a normal transportation attitude. 
Shutoff valves may not be installed between the tank opening and any 
pressure relief device. Pressure relief devices must be mounted, 
shielded, or drained to prevent the accumulation of any material that 
could impair the operation or discharge capability of the device.
    (iii) The total emergency venting capacity (cu. ft./hr.) of each 
portable tank must be at least that determined from the following 
table:

------------------------------------------------------------------------
                                                              Cubic feet
           Total surface area square feet \1\ \2\              free air
                                                               per hour
------------------------------------------------------------------------
20.........................................................       15,800
30.........................................................       23,700
40.........................................................       31,600
50.........................................................       39,500
60.........................................................       47,400
70.........................................................       55,300
80.........................................................       63,300
90.........................................................       71,200
100........................................................       79,100
120........................................................       94,900
140........................................................      110,700
160........................................................      126,500
------------------------------------------------------------------------
\1\ Interpolate for intermediate sizes.
\2\ Surface area excludes area of logs.

    (A) The pressure operated relief device must open at not less than 
3 psig and at not more than the design test pressure of the tank. The 
minimum venting capacity for pressure activated vents must be 6,000 
cubic feet of free air per hour (measured at 14.7 psia and 60 deg. F.) 
at not more than 5 psig.
    (B) If a fusible device is used for relieving pressure, the device 
must have a minimum area of 1.25 square inches. The device must 
function at a temperature between 220 deg. F. and 300 deg. F. and at a 
pressure less than the design test pressure of the tank, unless this 
latter function is accomplished by a separate device.
    (iv) No relief device may be used which would release flammable 
vapors under normal conditions of transportation (temperature up to and 
including 130 deg. F.).
* * * * *
    34. In Sec. 173.247, paragraph (g)(1)(iii)(C) would be revised to 
read as follows:


Sec. 173.247  Bulk packaging for certain elevated temperature materials 
(Class 9) and certain flammable elevated temperature materials (Class 
3).

* * * * *
    (g) * * *
    (1) * * *
    (iii) * * *
    (C) For transportation by rail, a nonreclosing pressure relief 
device incorporating a rupture disc conforming to the requirements of 
Sec. 179.15 of this subchapter.
* * * * *


Sec. 173.306  [Amended]

    35. In Sec. 173.306, in paragraph (h)(2), the wording ``hazardous 
substance or hazardous waste'' would be removed and the wording 
``hazardous substance, a hazardous waste, or a marine pollutant'' would 
be added in its place.
    36. In Sec. 173.307, paragraph (a)(4) would be revised to read as 
follows:


Sec. 173.307  Exceptions for compressed gases.

    (a) * * *
    (4) Refrigerating machines, including dehumidifiers and air 
conditioners, and components thereof such as precharged tubing 
containing:
    (i) 12 kg (25 pounds) or less of a non-flammable, non-toxic gas;
    (ii) 12 L (3 gallons) or less of ammonia solution (UN2672);
    (iii) Except when offered or transported by air, 12 kg of a 
flammable, non-toxic gas;
    (iv) Except when offered or transported by air or vessel, 20 kg (44 
pounds) or less of a Group A1 refrigerant specified in ANSI/ASHRAE 
Standard 15; or
    (v) 100 g (4 ounces) of a flammable, non-toxic liquified gas.
* * * * *

PART 174--CARRIAGE BY RAIL

    37. The authority citation for part 174 would continue to read as 
follows:

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


Sec. 174.26  [Amended]

    38. In Sec. 174.26, the section heading is revised to read as 
follows:


Sec. 174.26  Notice to train crews.

* * * * *
    39. Section 174.50 would be revised to read as follows:


Sec. 174.50  Nonconforming or leaking packages.

    Leaking non-bulk packages may not be forwarded until repaired, 
reconditioned, or overpacked in accordance with Sec. 173.3 of this 
subchapter. Except as otherwise provided in this section, a bulk 
packaging that no longer conforms to this subchapter may not be 
forwarded by rail unless repaired or approved for movement by the 
Associate Administrator for Safety, Federal Railroad Administration. 
Notification and approval must be in writing, or through telephonic or 
electronic means, with subsequent written confirmation provided within 
two weeks. For the applicable address and telephone number, see 
Sec. 107.117(d)(4) of this chapter. A leaking bulk package containing a 
hazardous material may be moved without repair or approval only so far 
as necessary to reduce or eliminate an immediate threat or harm to 
human health or the environment when it is determined its movement 
would provide greater safety than allowing the car to remain in place. 
In the case of a liquid leak, measures must be taken to prevent the 
spread of liquid.

PART 175--CARRIAGE BY AIRCRAFT

    40. The authority citation for part 175 would continue to read as 
follows:

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


Sec. 175.25  [Amended]

    41. In Sec. 175.25, in paragraph (a)(2)(ii), the wording ``6.0 mm 
(0.2 inch)'' would be removed and the wording ``4.0 mm (0.16 inch)'' 
would be added in its place.


Sec. 175.30  [Amended]

    42. In Sec. 175.30, paragraph (d)(1) would be amended by adding the 
wording ``, on a pallet or in an overpack'' after the words ``freight 
container''.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    43. The authority citation for part 177 would continue to read as 
follows:

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

    44. In Sec. 177.848, paragraph (c) would be revised to read as 
follows:


Sec. 177.848  Segregation of hazardous materials.

* * * * *
    (c) In addition to the provisions of paragraph (d) of this section, 
cyanides or cyanide mixtures may not be loaded or stored with acids if 
the cyanide

[[Page 53178]]

material or mixture, when placed in an acid solution, would generate 
hydrogen cyanide.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

    45. The authority citation for part 178 would continue to read as 
follows:

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


Sec. 178.3  [Amended]

    46. In Sec. 178.3, in paragraph (a) introductory text, the wording 
``on a non-removable component of the packaging'' would be added 
immediately following the word ``marked''.


Sec. 178.345-13  [Amended]

    47. In Sec. 178.345-13, in paragraph (a), the wording ``and 
Secs. 178-346-13(a), 178-347-13(a) or 178.348-13(a), as applicable'' 
would be removed.
    48. In Sec. 178.603, paragraph (f)(5) is revised to read as 
follows:


Sec. 178.603  Drop test.

* * * * *
    (f) * * *
    (5) Any discharge from a closure is slight and ceases immediately 
after impact with no further leakage; and
* * * * *


Sec. 178.605  [Amended]

    49. In Sec. 178.605, in paragraph (d)(1), in the last sentence, the 
reference ``Sec. 173.24a (b)(3)'' would be revised to read 
``Sec. 173.24a (d)''.


Sec. 178.703  [Amended]

    50. In Sec. 178.703, in paragraph (a)(1)(ii), the wording ``(1) and 
(2)'' would be removed.
    51. In Sec. 178.815, a new paragraph (c)(4)(iii) would be added to 
read as follows:


Sec. 178.815  Stacking test.

* * * * *
    (c) * * *
    (4) * * *
    (iii) The packaging may be tested using a dynamic compression 
testing machine. The test must be conducted at room temperature on an 
empty, unsealed packaging. The test sample must be centered on the 
bottom platen of the testing machine. The top platen must be lowered 
until it comes in contact with the test sample. Compression must be 
applied end to end. The speed of the compression tester must be one-
half inch plus or minus one-fourth inch per minute. An initial preload 
of 50 pounds must be applied to ensure a definite contact between the 
test sample and the platens. The distance between the platens at this 
time must be recorded as zero deformation. The force ``A'' to then be 
applied must be calculated using the applicable formula:

Liquids: A=(n-1)[w+(s x v x 8.3 x .98)] x 1.5; or
Solids: A=(n-1)[w+(s x v x 8.3 x .95)] x 1.5
Where:
A=applied load in pounds.
n=minimum number of containers that, when stacked, reach a height of 3 
m.
s=specific gravity of lading.
w=maximum weight of one empty container in pounds.
v=actual capacity of container (rated capacity + outage) in gallons.
And:
8.3  corresponds to the weight in pounds of 1.0 gallon of water.
1.5  is a compensation factor that converts the static load of the 
stacking test into a load suitable for dynamic compression testing.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

    52. The authority citation for part 179 would continue to read as 
follows:

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


Sec. 179.100-20  [Amended]

    53. In the table to Sec. 179.100-20, the last entry for ``Water 
capacity'' would be removed.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    54. The authority citation for part 180 would continue to read as 
follows:

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

    55. In Sec. 180.417, paragraph (a)(2) would be revised to read as 
follows:


Sec. 180.417  Reporting and record retention requirements.

    (a) * * *
    (2) Each motor carrier who uses a specification cargo tank motor 
vehicle must obtain a copy of the manufacturer's certificate and 
related papers or the alternative report authorized by paragraph 
(a)(3)(i) or (ii) of this section and retain the documents as specified 
in this paragraph. A motor carrier who is not the owner of a cargo tank 
motor vehicle must also retain a copy of the vehicle certification 
report for as long as the cargo tank motor vehicle is used by that 
carrier and for one year thereafter. The vehicle certification report 
and related papers must be maintained at the company's principal place 
of business or at the location where the vehicle is housed or 
maintained. The provisions of this section do not apply to a motor 
carrier who leases a cargo tank for less than 30 days.
* * * * *
    Issued in Washington, DC on September 24, 1999 under authority 
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 99-25395 Filed 9-29-99; 8:45 am]
BILLING CODE 4910-60-P