[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Rules and Regulations]
[Pages 50450-50463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20448]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 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: Final rule.

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SUMMARY: This final rule amends the Hazardous Materials Regulations 
(HMR) by incorporating miscellaneous changes based on petitions for 
rulemaking and RSPA initiative. This action reduces regulatory burden 
on industry where feasible, responds to petitions for rulemaking, and 
makes other minor adjustments to the regulations to enhance safety and 
align the HMR with international standards. The intended effect of 
these regulatory changes is to update, clarify and improve regulatory 
requirements and provide relief from certain of those requirements 
where feasible.

DATES: Effective Date: The effective date of these amendments is 
October 1, 2000.
    Compliance Date: Compliance with the regulations, as amended 
herein, is authorized after August 18, 2000.
    Incorporation by Reference Date: The incorporation by reference of 
certain publications listed in these amendments is approved by the 
Director of the Federal Register as of October 1, 2000.

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 final rule will primarily 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 final rule is also 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are outdated or in need of reform.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 eliminating, revising, clarifying 
and relaxing certain regulatory requirements in this final rule. On 
September 30, 1999, RSPA published a notice of proposed rulemaking 
(NPRM) under Docket RSPA-99-6213 (HM-218) (64 FR 53166). The NPRM 
contained information concerning each proposal and invited public 
comment. Readers should refer to the NPRM for additional background 
discussion.
    RSPA received 22 comments in response to the NPRM. These comments 
were submitted by representatives of trade associations, hazardous 
materials consulting firms, chemical manufacturers, and carriers of 
hazardous materials. The majority of commenters expressed support for 
various proposals, but several raised concerns about certain provisions 
in the proposal that are discussed below.
    The following is a section-by-section summary of changes and, where 
applicable, a discussion of comments received.

Section-by-Section Review

Part 107

Section 107.105-107.705
    Paragraph (a)(2) is revised to permit a person applying for an 
exemption or modification of an exemption to include an electronic mail 
address in the application. RSPA will use this information to transmit 
official documents to an applicant. This change was not proposed in the 
notice, is only administrative or procedural, and will be of 
significant benefit to exemption applicants by expediting the 
transmission of documents and reducing costs inherent with the handling 
and mailing of paper copies. This same change is also made to the other 
exemption and approval application provisions in Secs. 107.107(b)(3), 
107.109(a)(3), and 107.705(a)(4).

Part 171

Section 171.7
    RSPA is updating the incorporation by reference of the American 
Society of Mechanical Engineers (ASME) Code to the 1998 Edition, 
without the 1999 Addenda.
    One comment received in response to this proposal stated that the 
1999 Addenda needs to be adopted in order for the 1998 Code to be used. 
RSPA disagrees with the commenter. RSPA has latitude in determining 
whether to fully incorporate, to except certain provisions of a 
standard, or to impose

[[Page 50451]]

more stringent requirements than those contained in a material 
incorporated by reference, and has done so in the past. The structural 
integrity requirements for pressure vessels, prescribed in 
Sec. 178.337-3 of the HMR for cargo tank motor vehicles, provide for 
the maximum stress value prescribed in Section VIII of the ASME Code or 
25 percent of the tensile strength of the material used. The currently 
referenced 1992 Edition and the new 1998 Edition of the ASME Code, 
Section VIII, Division I, mandate a safety factor of 4:1. The 1999 
Addenda to Section VIII provides for reducing the safety factor to 
3.5:1. RSPA does not have sufficient experience data to conclude that 
this reduced safety factor adequately considers dynamic loads that are 
normally encountered during transportation conditions. Therefore, any 
deviation from the currently required 4:1 safety factor must be 
approved under the terms of a DOT exemption.
Section 171.8
    RSPA is revising the definition of ``Aerosol'' by removing the 
reference to a ``metal'' receptacle. This revision will more closely 
align the HMR definition with the UN Recommendations with regard to the 
material of construction for a non-refillable receptacle. Four comments 
were received to this proposal expressing agreement with the revision. 
One commenter stated that RSPA's definition for aerosol does not 
authorize pure compressed gases, as in the UN Recommendations, and 
requested that the definition be revised to include the authorization. 
This request is outside the scope of this rulemaking. Another commenter 
agreed with the proposed change to the aerosol definition, but stated 
that it is inconsistent with the change proposed in the NPRM in 
Sec. 171.11. The revision in Sec. 171.11(a)(14) is made to clarify that 
aerosols transported in the United States (US) must be in metal 
packagings if the capacity of the packaging is more than 4 fluid 
ounces. The revision in Sec. 171.8 is made to authorize aerosols in 
non-metal containers if the capacity of the packaging is less than 4 
fluid ounces.
    As provided by Sec. 173.306(a)(1), limited quantities of compressed 
gases (including aerosols) are authorized in non-specification 
containers of up to 4 fluid ounce capacity (7.22 cubic inches) each. As 
provided in Sec. 173.306(a)(3), aerosols may be packaged in metal 
containers of up to one liter capacity.
    RSPA is also revising the definition of ``EX number.'' This change 
is made to recognize that RSPA assigns EX numbers to track materials 
approved by the Associate Administrator for Hazardous Materials Safety 
under the provisions of Sec. 173.56, regardless of whether they are 
approved under one of the explosives classifications or under a 
different hazard class.
    The definition of ``Placarded car'' is 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 removing paragraph (d)(5), which requires an indication on 
a shipping paper that a material is a poison. The International Civil 
Aviation Organization (ICAO) Technical Instructions already require the 
shipping paper to identify subrisks; therefore, paragraph (d)(5) is 
unnecessary. RSPA is adding 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 Instructions 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 US under the 
authority of international regulations. Devices containing a pressure 
vessel and transported as Division 2.2 (UN3353) are excluded from this 
shipping paper notation requirement. In addition, paragraph (d)(14) is 
revised to clarify that ``Aerosols'' transported in the US under the 
provisions of the ICAO Technical Instructions must be in metal 
packagings if the packaging exceeds 7.22 cubic inches (see earlier 
preamble discussion to Sec. 171.8).
Section 171.12
    RSPA is revising paragraph (a) to clarify that the shipping paper 
documentation required under the International Maritime Dangerous Goods 
Code (IMDG) or the International Atomic Energy Agency (IAEA) 
regulations must be written in English as currently required by 
Sec. 172.201(a)(2). Similar to the change made to Sec. 171.11 discussed 
earlier in this preamble, RSPA is adding paragraph (b)(19) to require 
that the approval (EX) number or traceable product code be entered on 
shipping papers for other than Division 2.2 airbag inflators and seat 
belt pretensioners that are offered for transportation under the IMDG 
Code.

Part 172

Section 172.101
    Paragraphs (b)(2) and (b)(6) are revised to clarify that proper 
shipping names denoted with an ``A'' or ``W'' in Column (1), in the 
Hazardous Materials Table (HMT), may be used to describe hazardous 
materials transported in any mode when all applicable requirements are 
met.
    RSPA is removing paragraph (c)(8), which is specific to determining 
a proper shipping description for hazardous substances, as it is 
redundant with Sec. 172.101(c). One commenter disagreed with this 
revision, stating that this paragraph provides valuable instruction on 
how to assign a proper shipping name for a hazardous substance, and is 
the only place in the HMR that states that the list of Hazardous 
Substances is provided in Appendix A. RSPA disagrees with this 
commenter. A hazardous substance is assigned a proper shipping name the 
same way any other hazardous material is assigned a proper shipping 
name. Further, the definition of a hazardous substance in Sec. 171.8 
refers to Appendix A for the list of hazardous substances. In addition, 
in this final rule, we are revising a reference to Sec. 172.101(c)(8) 
in Appendix A to Part 172 to reference Sec. 172.101(c) in its entirety.
    A new paragraph (c)(8) is added to allow the word ``liquid'' or 
``solid''to be included as part of the 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 Technical Instructions 
and the IMDG Code.
    The entry ``Chemical kits or First aid kits (containing hazardous 
materials)'' is separated into two individual entries for easier 
reference. In addition, the wording ``(containing hazardous 
materials)'' is removed.
    The entry `` 1-Chloro-3-Bromopropane'' is 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'' is added to reference Sec. 173.9 which contains 
requirements for transporting fumigated lading. This change will 
facilitate the location of these requirements by readers.
    For the entries, ``Polychlorinated biphenyls, liquid'' and 
``Polychlorinated

[[Page 50452]]

biphenyls, solid,'' UN2315, in Column 1, the symbols ``A, W'' are 
removed and a new Special Provision 140 is added in Column 7. Special 
Provision 140 states that the material is only regulated when it meets 
the defining criteria for a hazardous substance or a marine pollutant. 
In addition, as requested by a commenter, Special Provision 140 is 
revised to state that the Column 5 reference is modified to read 
``III'' on those occasions when the material is offered for 
transportation or transported by highway. Two commenters disagreed with 
removal of the symbols ``A, W'' stating that the ICAO Technical 
Instructions and the IMDG Code currently regulate Polychlorinated 
biphenyls (PCBs) in liquid and solid form in any amount and that this 
inconsistency will cause confusion. RSPA disagrees with these 
commenters. The ICAO Technical Instructions regulate PCBs only when 
they are present in a reportable quantity, as stipulated in Special 
Provision A97 and State Variation US4. The IMDG Code regulates PCBs in 
all quantities; however, we do not believe that it is necessary to 
adopt this approach because it will place unnecessary burden on 
shippers and carriers within the U.S.
    For the entry ``Air, compressed,'' Special Provision 78 is added in 
Column 7 to specify that only mixtures with oxygen concentrations of 
23.5 percent or less may be transported under this entry. An OXIDIZER 
label is not required for mixtures in these concentrations. This aligns 
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 is 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 (e.g., 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'' is removed. A commenter pointed out that 
similar entries (Potassium chlorate, aqueous solution and Chlorates, 
inorganic, aqueous solution) are not assigned this Special Provision. 
RSPA agrees that Special Provision B6 was mistakenly assigned.
    RSPA is revising a number of HMT entries that contain 
inconsistently applied vessel stowage codes in column 10B. These codes 
pertain to segregation of Division 2.3 and 6.1 and Class 8 hazardous 
materials with foodstuffs. These changes align the HMR with Amendment 
30 to the IMDG Code.
Appendix A to Sec. 172.101
    In Appendix A to Sec. 172.101, in number 3., the reference to 
Sec. 172.101(c)(8) is revised. This final rule is removing 
Sec. 172.101(c)(8); therefore, the reference in Appendix A is revised 
to refer to Sec. 172.101(c) for determining a proper shipping name. In 
addition, ``Acrolein'' is added to Table 1.--Hazardous Substances Other 
Than Radionuclides with a reportable quantity of 1 pound (0.454 kg). 
This entry was inadvertently omitted in the reprinting of the HMR.
Section 172.102
    In paragraph (c)(1), a new Special Provision 78 is 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 
aligns the HMR with a recent amendment adopted in the eleventh revised 
edition of the UN Recommendations. A new Special Provision 79 is added 
to specify that the entry ``Rare gases and oxygen mixtures, 
compressed'' may not be used for gas mixtures that meet the criteria 
for an oxidizing gas. This change ensures that the correct emergency 
response information is provided. We are also adding a new Special 
Provision 140 to the entries ``Polychlorinated biphenyls, liquid'' and 
``Polychorinated biphenyls, solid,'' UN 2315 to state that the material 
is only regulated when it meets the defining criteria for a hazardous 
substance or marine pollutant and that the material may be assigned 
packing group III when transported by highway or rail. This change is 
consistent with international regulations.
    In paragraph (c)(5), we are revising Special Provision N10 which 
pertains to 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 HMR. Also, 
in paragraph (c)(5), we are adding Special Provision N20, which was 
inadvertently removed in a previous rulemaking. Special Provision N20 
authorizes the use of a 5M1 non-bulk multi-wall paper bag and is 
currently assigned to the entry ``Environmentally hazardous substances, 
solid, n.o.s.'', in column 7, of the Sec. 172.101 Hazardous Materials 
Table.

Section 172.201

    Paragraph (a)(1)(ii) is 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 also 
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) is revised to change the word 
``packed'' to read ``packaged.'' To reduce costs, a transition period 
of 10 years is provided for depletion of preprinted shipping papers 
showing the word ``packed''.
Sections 172.332 and 172.336
    In response to a petition for rulemaking from the American Trucking 
Associations (ATA) [P-1364], RSPA is amending 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. Commenters brought to our attention that certain section 
references were inadvertently omitted from Sec. 172.332(a) and the 
first sentence of Sec. 172.336(b) was not easily understood. RSPA 
agrees with both commenters and has revised the sections accordingly.
Section 172.504
    RSPA is revising 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, is removed. A new 
paragraph (f)(8) is added to provide an exception, in domestic 
transportation, from meeting the requirement to display a POISON 
INHALATION HAZARD placard on a transport vehicle if it already displays 
a POISON GAS placard.
Section 172.516
    Paragraph (a) is revised to change the wording ``motor vehicle'' to 
``transport vehicle'' the second time it appears in the first sentence. 
This corrects 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.

[[Page 50453]]

Section 172.519
    Paragraph (b)(3) is revised to clarify that text is required on the 
DANGEROUS placard. In addition, the paragraph is revised to clarify 
that text is not required on an OXYGEN placard when the specific 
identification number is displayed on the placard.
Section 172.604
    Paragraph (c)(2) is 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) is revised to add the reference, 
``29 CFR 1910.1200,'' in addition to 29 CFR 1910.120 issued by the 
Department of Labor's Occupational Safety and Health Administration 
(OSHA). This change is necessary to clarify that any relevant training 
received due to OSHA's requirements need not be repeated to meet 
training requirements in the HMR.

Part 173

Section 173.4
    RSPA proposed to revise paragraphs (a)(1)(i), (ii) and (iii) to 
clarify that the one-gram limit for Division 6.1 material per inner 
receptacle applies only to materials that are a poison inhalation 
hazard. One commenter disagreed with this proposal because it has been 
shipping ethylene oxide, which is a Division 2.3 material, under an 
approval as provided by Sec. 173.4(c). Ethylene oxide is a poison 
inhalation hazard material in Hazard Zone D. Adoption of this proposal 
would restrict transportation of ethylene oxide as a small quantity to 
1 gram, even under the terms of an approval. RSPA has considered this 
comment and believes that a restriction on materials that are Division 
6.1, Packing Group I, Hazard Zone A or B only, is necessary. Therefore, 
the provisions in Secs. 173.4(a)(1)(i), (ii) and (iii) are revised to 
clarify that Division 6.1, Packing Group I, materials in Hazard Zone A 
and B are restricted to 1 gram. In addition, a note is added to 
Sec. 173.4(a)(6)(ii) to clarify that the same package need not be 
subjected to all of the tests specified in Sec. 173.4; another 
identical package may be used for each test.
Section 173.5
    In Sec. 173.5, paragraph (a) is revised to grant an exception from 
the emergency response information 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. Agricultural products other than Class 2 materials are 
completely excepted from the HMR when transported between fields of the 
same farm. RSPA believes that this limited relief from emergency 
response information and training requirements is warranted for Class 2 
materials.
Section 173.7
    RSPA is adding a new paragraph (e) that incorporates and expands 
the existing exception in Sec. 173.62(d) for Class 1 explosives owned 
by the Department of Defense (DOD). Currently, under Sec. 173.62(d), 
DOD is authorized to ship its Class 1 materials that were packaged 
prior to January 1, 1990, without regard to the current packaging 
requirements in Part 178. In addition to this exception, RSPA is 
excepting these packagings from the current marking and labeling 
requirements, provided they are marked and labeled in conformance with 
the requirements of the HMR that were in effect at the time they were 
originally marked and labeled. This will alleviate the need to re-mark 
and re-label DOD stockpiled hazardous materials. Because the revised 
exception applies to marking and labeling of DOD packagings in addition 
to the Part 178 packaging requirements, RSPA is placing these 
exceptions in Sec. 173.7 and is removing current paragraph (d) in 
Sec. 173.62.
Section 173.12
    In Sec. 173.12, paragraph (b)(3) is revised to clarify that 
materials poisonous by inhalation are not authorized in lab packs.
Section 173.13
    In Sec. 173.13, paragraph (a) is 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 is consistent with Sec. 172.402(c) regarding 
display of the CARGO AIRCRAFT ONLY label.
Section 173.32
    In Sec. 173.32, paragraph (e)(3) is amended 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 the larger size 
retest markings currently required.
Section 173.60
    In Sec. 173.60, a new paragraph (b)(14) is added, consistent with 
the UN Recommendations, to allow large explosive articles normally 
intended for military use to be transported unpackaged under specified 
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 will 
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) is revised to clarify that explosives 
may be packed with non-hazardous materials that will not adversely 
affect the explosive. RSPA believes that relaxing this provision will 
avoid the need for exemptions.
Section 173.62
    In Sec. 173.62, paragraph (d) is removed, as stated earlier in the 
preamble discussion of Sec. 173.7.
Section 173.150
    RSPA proposed to remove the wording ``and combustible liquids'' in 
the first sentence of Sec. 173.150(b) as unnecessary because 
combustible liquids are already generally excepted from the provisions 
of paragraph (f)(2) of this section. We believed that referring to 
combustible liquids was unnecessary because there is no requirement for 
labeling or specification packaging. Several commenters pointed out 
that by adopting this revision, RSPA inadvertently would be removing 
exceptions for limited quantities of combustible liquids that are also 
hazardous substances, hazardous wastes or marine pollutants. RSPA 
agrees; therefore, this proposal is not adopted. In Sec. 173.150, 
paragraph (f)(3)(iv) is revised to clarify that placards are not 
required for a combustible liquid that is a hazardous substance, 
hazardous waste

[[Page 50454]]

or marine pollutant in a non-bulk packaging.
    In the NPRM, we proposed to revise paragraph (f)(3)(viii) by 
changing the reference for Sec. 177.834 to Sec. 177.834(j). This 
revision would have clarified that combustible liquids are not subject 
to the other provisions of Sec. 177.834, such as those pertaining to 
attendance. The proposal resulted from a petition for rulemaking (P-
1376) from the Petroleum Marketers Association of America (PMAA).
    Three commenters addressed this proposal, one in support and two in 
opposition. PMAA reiterated its support for the change, noting that it 
would result in significant savings to the heating oil industry and 
expressing confidence that there would be no compromise in safety. The 
American Trucking Associations (ATA) and the Hazardous Materials 
Advisory Council (HMAC) oppose the proposed change. ATA believes that 
total elimination of attendance requirements for loading and unloading 
combustible liquids would diminish overall hazardous materials 
transportation safety. ATA recommends that we consider a limited 
exception for the delivery of home heating fuels similar to the 
exception provided for deliveries of liquefied petroleum gas and 
anhydrous ammonia in a final rule issued under HM-225A (RSPA-97-2718; 
64 FR 28030). HMAC is concerned that, under the provisions of the NPRM, 
deliveries of furnace oil to homes and businesses and diesel fuel to 
gas stations would not require attendance to the detriment of 
transportation safety. HMAC also notes that the proposal could provide 
an inducement to shippers to take advantage of the reclassification 
option for materials with flash points at or above 100  deg.F, thereby 
expanding the number and volume of materials that would require neither 
human nor instrument monitoring. Like ATA, HMAC recommends that we 
consider a limited exception to the attendance requirement for 
deliveries of home heating oil. In a clarification of its comments, 
PMAA said that it would support a narrowing of the NPRM proposal, so 
that the exception from attendance requirements would apply only to 
deliveries of home heating oil in conformance with its petition for 
rulemaking.
    We agree with commenters that combustible liquids should not be 
excepted completely from attendance requirements during loading and 
unloading operations because such an exception could adversely affect 
safety. At the same time, however, we believe that the relatively low 
risk presented by combustible liquids in transportation argues for a 
more flexible attendance regulation than that currently required by 
Sec. 177.834(i). Accordingly, in this final rule we are revising 
Sec. 173.150(f)(3)(viii) to replace the reference to Sec. 177.834 with 
Sec. 177.834(j) and Sec. 177.837(d). We are adding a new paragraph (d) 
to Sec. 177.837 to authorize operators of cargo tank motor vehicles 
unloading combustible liquids to monitor the unloading operation from a 
distance of up to 150 feet from the cargo tank and 25 feet from the 
delivery hose. The operator must observe the cargo tank and the 
receiving tank at least once every five minutes during unloading 
operations that take more than five minutes to complete. This is 
consistent with commenters' recommendations that the HMR include an 
attendance exception similar to that currently provided for cargo tank 
motor vehicles unloading liquefied petroleum gas and anhydrous ammonia 
in metered delivery service.
Section 173.166
    Paragraph (c) is being revised for consistency with the changes 
being adopted in Secs. 171.11 and 171.12 to except shippers of Division 
2.2 air bag modules and inflators or seat-belt pretensioners from 
entering the EX (applicable explosives approval) number on shipping 
papers.
    In the NPRM, RSPA proposed 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 UN3353, must be packaged in UN outer packagings 
meeting the Packing Group III performance level. HMAC and another 
commenter expressed their objection to the proposal to require Packing 
Group III level packagings for devices under UN3353, stating the change 
would substantially increase cost to industry. Additionally, the latter 
commenter stated that RSPA does not currently require UN performance-
oriented outer packagings for these devices. Upon further 
consideration, RSPA believes the use of outer UN packagings meeting the 
Packing Group III performance level should not be required at this time 
for the Division 2.2 devices. The UN Committee of Experts on the 
Transport of Dangerous Goods is considering a proposal to classify air 
bag inflators, air bag modules and seat-belt pretensioners into class 1 
or 9. Therefore, RSPA is withholding further action pending the outcome 
of the UN proposal. We are revising the introductory text in paragraph 
(e) to clarify that the Class 9 devices must be in outer UN packagings 
meeting the Packing Group III performance level, as proposed.
    We are adding a new paragraph (d)(3) 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'' is entered immediately after the 
basic description prescribed in Sec. 172.202. This 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 is 
removed and replaced with the specific portable tank venting 
requirements that were contained in that section.
Section 173.247
    Paragraph (g)(1)(iii)(C) is revised to clarify the pressure relief 
device requirements for bulk packagings transported by rail. The 
previous regulatory text may have been 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 is 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) is 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 provides consistency with corresponding HMR limited 
quantity provisions.
Section 173.307
    Paragraph (a)(4) is revised to except from the HMR refrigerating 
machines, including dehumidifiers, air conditioners and their 
components, 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); 12 kg (25 pounds) of flammable non-toxic gas, except for air 
transportation; and 20 kg (44 pounds) or less of a Group A1 refrigerant 
specified in ANSI/ASHRAE Standard 15, except for air and vessel 
transportation. In

[[Page 50455]]

addition, for air transportation consistent with Special Provision A103 
of the ICAO Technical Instructions, an exception is provided for 
refrigerating machines containing 100 g (4 ounces) or less of a 
flammable, non-toxic liquefied 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 is 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 is expanding 
FRA's approval authority from tank cars to all rail cars. This change 
allows 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. 
This change also eliminates the need to obtain an exemption for such 
movements.

Part 175

Section 175.25
    Paragraph (a)(2)(ii) is revised to authorize lettering of at least 
4 mm (.16 inch) in height, based on RSPA's initiative. Currently, the 
height requirement is 6 mm (0.2 inch) minimum for some of the 
information required on the notification to air passengers of hazardous 
materials restrictions. One commenter stated that with today's 
attention on enforcement and monitoring of regulations, RSPA should not 
be requiring smaller lettering on signs. RSPA believes that the smaller 
lettering does not significantly impact readability and encourages the 
use of space on signs for other information such as conveying the 
message by using graphics. This revision is, therefore, adopted as 
proposed.
Section 175.30
    In the NPRM, we proposed to broaden an exception in paragraph 
(d)(1) for inspecting packages of consumer commodities packaged in a 
freight container to include consumer commodities that are palletized 
or overpacked. Because of certain safety concerns, we believe this 
matter needs further review. We intend to review the exception for 
inspection of consumer commodities in a freight container and do not 
believe that this relaxation of air transportation requirements is 
appropriate at this time. Therefore, this proposal is not adopted.

Part 177

Section 177.834
    In paragraph (i)(3), we are adding the new exception from 
attendance requirements for combustible liquids by referencing 
Sec. 177.837(d), as stated in the preamble discussion to Sec. 173.150.
Section 177.837
    We are adding a new paragraph (d) to authorize an exception from 
the attendance requirements in Sec. 177.834(i) for operators of cargo 
tanks in combustible liquid service. This exception is consistent with 
commenters' recommendation that we provide an exception for combustible 
liquids similar to the exception currently provided for unloading 
operations involving liquefied petroleum gas and anhydrous ammonia in 
metered delivery service.
Section 177.848
    Paragraph (c) is revised to clarify that the prohibition against 
loading or storing cyanides or cyanide mixtures with acids applies only 
if hydrogen cyanide is generated when the materials come into contact 
with each other.

Part 178

Section 178.3
    RSPA is amending the introductory text to paragraph (a) to clarify 
that the specification markings on a UN standard packaging must be 
marked on a non-removable component of a packaging. One commenter 
suggested that, if this proposal is adopted, regulators and field 
enforcement agents may believe that placing a specification marking on 
a removable component of a packaging is prohibited. RSPA does not 
agree. Section 178.503(b) permits duplicate markings 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) is removed.
Section 178.603
    RSPA is revising paragraph (f)(5) to allow a slight discharge from 
a closure of any type of packaging if it ceases immediately after 
impact and there is no further leakage. Previously, this allowance 
applied only to drums, jerricans or bags. This change aligns the 
criteria for passing the drop test with international regulations.
Section 178.605
    RSPA is revising the last sentence in paragraph (d)(1) to correctly 
reference the maximum filling limits in Sec. 173.24a (d).
Section 178.703
    RSPA is revising 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) is added to authorize dynamic compression 
testing for IBCs in the same manner as is currently authorized for non-
bulk packagings. RSPA believes that the dynamic compression test is an 
equivalent test method and that allowing more flexibility in the 
stacking test requirements will provide a cost savings to the regulated 
industry.

Part 179

Section 179.100-20
    RSPA is removing the water capacity entry in the table that sets 
forth the stamped markings for DOT-105A100W tank cars. RSPA believes 
this requirement 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. The removal of this entry has no effect on 
safety.

Part 180

Section 180.417
    RSPA is revising 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 Federal Motor Carrier Safety

[[Page 50456]]

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 final 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 rule are considered to 
be so minimal as to not warrant preparation of a regulatory impact 
analysis or regulatory evaluation.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does preempt State, local, and Indian tribe requirements but 
does not adopt any regulation that has substantial direct effects on 
the States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on certain covered 
subjects. Covered 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 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (v) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses covered subject items (i), (ii), (iii), 
and (v) above and preempts State, local, and Indian tribe requirements 
not meeting the ``substantively the same'' standard. This final rule is 
necessary to update, clarify and provide relief from regulatory 
requirements.
    Federal hazardous materials transportation law provides at section 
5125(b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
RSPA has determined that the effective date of Federal preemption for 
these requirements will be 90 days from the date of publication in the 
Federal Register.

C. Executive Order 13084

    This final 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 final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13084 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 
final rule would amend miscellaneous provisions in the HMR, generally 
to clarify those provisions and to relax requirements that are overly 
burdensome. The 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 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 rule will not 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 final rule 
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 final 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.

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.

[[Page 50457]]

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 amended as 
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

    1. The authority citation for part 107 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.


Sec. 107.105  [Amended]

    2. In Sec. 107.105, in paragraph (a)(2), the wording ``mailing 
addresses'' is removed and the wording ``mailing addresses, e-mail 
address optional'' is added in its place.


Sec. 107.107  [Amended]

    2a. In Sec. 107.107, in paragraph (b)(3), the wording ``mailing 
addresses'' is removed and the wording ``mailing addresses, e-mail 
address optional'' is added in its place.


Sec. 107.109  [Amended]

    2b. In Sec. 107.109, in paragraph (a)(3), the wording ``mailing 
addresses'' is removed and the wording ``mailing addresses, e-mail 
address optional'' is added in its place.


Sec. 107.705  [Amended]

    2c. In Sec. 107.705, in paragraph (a)(4), the wording ``street, 
mailing address'' is removed and the wording ``street and mailing 
addresses, e-mail address optional'' is added in its place.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    3. The authority citation for part 171 continues to read as 
follows:

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


Sec. 171.7  [Amended]

    4. In Sec. 171.7, paragraph (a)(3), in the table of material 
incorporated by reference, in the entry ``ASME Code, Sections II (Parts 
A and B), V, VIII (Division 1), and IX'' remove the wording'' of 1992 
Edition of American Society of Mechanical Engineers Boiler and Pressure 
Vessel Code and Addenda through December 31, 1993'' and add the wording 
``of 1998 Edition of American Society of Mechanical Engineers Boiler 
and Pressure Vessel Code'' in its place.

    5. In Sec. 171.8, the definitions of ``Aerosol,'' ``EX number'' and 
``Placarded car'' are 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 a 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 Associate Administrator for Hazardous Materials Safety, to an item 
that has been evaluated under the provisions of Sec. 173.56 of this 
subchapter.
* * * * *
    Placarded car means a rail car which is placarded in accordance 
with the requirements of part 172 of this subchapter.
* * * * *

    6. In Sec. 171.11, paragraph (d)(5) is revised and a sentence is 
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.
* * * * *

    7. In Sec. 171.12, a sentence is added at the end of paragraph (a) 
and a new paragraph (b)(19) is 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

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

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


    9. In Sec. 172.101, paragraphs (b)(2), (b)(6), and (c)(8) are 
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 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 word ``liquid'' or ``solid''. The word ``liquid'' or 
``solid''

[[Page 50458]]

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]

    10. In Sec. 172.101, in the Hazardous Materials Table, the 
following changes are made:
    a. For the entry ``Air, compressed'', Special Provision ``78'' is 
added in Column 7.
    b. For the entry, ``Polychlorinated biphenyls, liquid, UN2315'' in 
Column 1 Symbols ``A, W'' are removed and Special Provision ``, 140'' 
is added in Column 7 in numerical order.
    c. For the entry, ``Polychlorinated biphenyls, solid, UN2315'' in 
Column 1 Symbols ``A, W'' are removed and Special Provision ``, 140'' 
is added in Column 7 in numerical order.
    d. For the entry, ``Rare gases and oxygen mixtures, compressed'', 
Special Provision ``79'' is added in Column 7.
    e. For the entry, ``Sodium chlorate, aqueous solution'', PG II, 
Special Provision ``B6,'' is removed in column 7.
    f. 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.

* * * * *

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


    11. In addition, in Sec. 1A172.101, in the Hazardous Materials 
Table, for the following Column (2) entries, remove the old entry in 
Column (10B) and add the new entry in Column (10B) as set forth below:

--------------------------------------------------------------------------------------------------------------------------------------------------------
          Column (2) entry               Column (4) entry              PG                 Column (10B) old entry             Column (10B) new entry
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chloroacetone, stabilized...........  UN1695                 I....................  20, 40, 95.......................  21, 40, 100
Compressed gas, toxic, flammable,     UN1953                 .....................  40, 95...........................  40
 n.o.s. Inhalation hazard Zone A.
Cupriethylenediamine solution.......  UN1761                 II...................  95...............................  .................................
Cyclohexyl isocyanate...............  UN2488                 I....................  20, 40, 95.......................  40
3,5-Dichloro-2,4,6-trifluoropyridine  NA9264                 I....................  40, 95...........................  40
Ethyl phosphonothioic dichloride,     NA2927                 I....................  20, 40, 95.......................  40
 anhydrous.
Ethyl phosphorodichloridate.........  NA2927                 I....................  20, 40, 95.......................  40
Hydrofluoric acid and Sulfuric acid   UN1786                 I....................  40, 95...........................  40
 mixtures.
Lead dioxide........................  UN1872                 III..................  34...............................  .................................
Methyldichloroarsine................  NA1556                 I....................  40, 95...........................  40
Oxidizing liquid, corrosive, n.o.s..  UN3098                 I, II, III...........  34, 56, 58, 69, 106..............  13, 56, 58, 69, 106
Oxidizing liquid, toxic, n.o.s......  UN3099                 I, II, III...........  56, 58, 95, 106..................  56, 58, 69, 106
Oxidizing solid, corrosive, n.o.s...  UN3085                 I, II, III...........  13, 34, 56, 58, 69, 106..........  13, 56, 58, 69, 106
Oxidizing solid, toxic, n.o.s.......  UN3087                 I, II, III...........  56, 58, 69, 95, 106..............  56, 58, 69, 106
Phenyl isocyanate...................  UN2487                 I....................  20, 40, 95.......................  40
Polychlorinated biphenyls, liquid...  UN2315                 II...................  34...............................  95
Polychlorinated biphenyls, solid....  UN2315                 II...................  34...............................  95
Polyhalogenated biphenyls, liquid or  UN3151                 II...................  34...............................  95
 Polyhalogenated terphenyls liquid.
Polyhalogenated biphenyls, solid or   UN3152                 II...................  34...............................  95
 Polyhalogenated terphenyls, solid.
Potassium hydrogendifluoride,         UN1811                 II...................  26, 40, 95.......................  25, 26, 40
 solution.
Radioactive material, low specific    UN2912                 .....................  .................................  95
 activity, n.o.s. or Radioactive
 material, LSA, n.o.s.
Radioactive material, special form,   UN2974                 .....................  .................................  95
 n.o.s.

[[Page 50459]]

 
Radioactive material, surface         UN2913                 .....................  .................................  95
 contaminated object or Radioactive
 material, SCO.
Sodium hydrosulfide, solution.......  NA2922                 II...................  40, 95...........................  26
Thorium metal, pyrophoric...........  UN2975                 .....................  .................................  95
Thorium nitrate, solid..............  UN2976                 .....................  .................................  95
Toxic liquids, corrosive, organic,    UN2927                 I....................  20, 40, 95.......................  40
 n.o.s., Inhalation hazard, Packing
 Group I, Zone A.
Toxic liquids, corrosive, organic,    UN2927                 I....................  20, 40, 95.......................  40
 n.o.s., Inhalation hazard, Packing
 Group I, Zone B.
Toxic liquids, flammable, organic,    UN2929                 I....................  20, 40, 95.......................  40
 n.o.s., Inhalation hazard, Packing
 Group I, Zone A.
Toxic liquids, flammable, organic,    UN2929                 I....................  20, 40, 95.......................  40
 n.o.s., Inhalation hazard, Packing
 Group I, Zone B.
Toxic, liquids, organic, n.o.s.       UN2810                 I....................  20, 40, 95.......................  40
 Inhalation hazard, Packing Group I,
 Zone A.
Toxic, liquids, organic, n.o.s.       UN2810                 I....................  20, 40, 95.......................  40
 Inhalation hazard, Packing Group I,
 Zone B.
Uranium hexafluoride, fissile (with   UN2977                 .....................  .................................  95
 more than 1 percent U-235).
Uranium metal, pyrophoric...........  UN2979                 .....................  .................................  95
Uranyl nitrate hexahydrate solution.  UN2980                 .....................  .................................  95
Uranyl nitrate, solid...............  UN2981                 .....................  .................................  95
--------------------------------------------------------------------------------------------------------------------------------------------------------

Appendix A to Sec. 172.101  [Amended]

    11a. In Appendix A to Sec. 172.101, paragraph 3. is amended by 
removing the wording ``Sec. 172.101(c)(8)'' and adding the wording 
``Sec. 172.101(c)''.
    11b. In addition, in Appendix A to Sec. 172.101, in Table 1, 
Hazardous Substances Other Than Radionuclides, the following entry is 
added in appropriate alphabetical order to read as follows:

Appendix A to Sec. 172.101--List of Hazardous Substances and 
Reportable Quantities

* * * * *

  Table 1 to Appendix A--Hazardous Substances Other Than Radionuclides
------------------------------------------------------------------------
                                                           Reportable
                                                          quantity (RQ)
                  Hazardous substance                        pounds
                                                           (kilograms)
------------------------------------------------------------------------
*  *  *  *  *  *  *...................................
Acrolein..............................................          1(0.454)
*  *  *  *  *  *  *...................................
------------------------------------------------------------------------

* * * * *

    12. In Sec. 172.102, in paragraph (c)(1), Special Provisions 78, 79 
and 140 are added in numerical order; in paragraph (c)(5), Special 
Provision N10 is amended by adding a sentence at the end and Special 
Provision N20 is added to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (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 of 23.5 percent or less.
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. In 
addition, the column 5 reference is modified to read ``III'' on 
those occasions when this material is offered for transportation or 
transported by highway or rail.

* * * * *
    (5) * * *

Code/Special Provisions

* * * * *
N10  * * * The approval number (e.g., T-* * *) must be marked on 
each outer package and on the shipping paper.
* * * * *
N20  A 5M1 multi-wall paper bag is authorized if transported in a 
closed transport vehicle.

* * * * *


Sec. 172.201  [Amended]

    13. In Sec. 172.201, paragraph (a)(1)(ii) is 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''.

    14. In Sec. 172.204, in paragraph (c)(1), in the certification, the 
word ``packed'' is removed and the word ``packaged'' is added in its 
place and a note is 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 used instead of the word ``packaged'' until 
October 1, 2010.

* * * * *

    15. In Sec. 172.332, paragraph (a) is revised to read as follows:


Sec. 172.332  Identification number markings.

    (a) General. When required by Sec. 172.301, Sec. 172.302, 
Sec. 172.313, Sec. 172.326, Sec. 172.328, Sec. 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]

    16. In Sec. 172.336, in paragraph (b) introductory text, the first 
sentence is amended by removing the wording ``For hazardous materials 
in hazard classes for which hazard warning placards are not specified, 
identification'' and replacing it with the word ``Identification''.

    17. In Sec. 172.504, paragraph (e), Table 2 is amended by revising 
the entry for category 9, and paragraph (f)(8) is revised to read as 
follows:


Sec. 172.504  General placarding requirements.

* * * * *
    (e) * * *

[[Page 50460]]



                                 Table 2
------------------------------------------------------------------------
 Category of material (Hazard
 class or division number and                            Placard design
  additional description, as         Placard name      section reference
         appropriate)                                       (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.
* * * * *

    18. In Sec. 172.516, the first sentence of paragraph (a) is 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. * * *
* * * * *

    19. In Sec. 172.519, paragraph (b)(3) is 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. Text 
may be omitted from the OXYGEN placard only if the specific 
identification number is displayed on the placard.
* * * * *

    20. In Sec. 172.604, paragraph (c)(2) is revised to read as 
follows:


Sec. 172.604  Emergency response telephone number.

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

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

Sec. 172.704  [Amended]

    21. In Sec. 172.704, paragraph (b) is amended by adding the wording 
``or 1910.1200'' immediately after the wording ``1910.120''.

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

    22. 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.


Sec. 173.4  [Amended]

    23. In Sec. 173.4 the following changes are made:
    a. In paragraph (a)(1)(i), the wording ``Hazard Zone A or B'' is 
added after ``Division 6.1, Packing Group I,'' and before 
``materials''.
    b. In paragraph (a)(1)(ii), the wording ``Hazard Zone A or B'' is 
added after ``Division 6.1, Packing Group I,'' and before 
``materials''.
    c. In paragraph (a)(1)(iii), the wording ``classed as Division 6.1, 
Packing Group I; and'' is removed and the wording ``meeting the 
definition of a Division 6.1, Packing Group I, Hazard Zone A or B 
material; and'' is added in its place.
    d. A note is 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.

* * * * *

    24-25. In Sec. 173. 5, paragraph (a) introductory text is 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 instance, transportation of the hazardous material is subject to 
the following conditions:
* * * * *
    26. In Sec. 173.7, a new paragraph (e) is 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.
    27. In Sec. 173.12, paragraph (b)(3) is revised to read as follows:


Sec. 173.12  Exceptions for shipment of waste materials.

* * * * *
    (b) * * *
    (3) Prohibited materials. The following materials may not be 
packaged or described under the provisions of this paragraph (b): a 
material poisonous by inhalation, a Division 6.1 Packing Group I 
material, a Division 4.2 Packing Group I material, chloric acid and 
oleum (fuming sulfuric acid).
* * * * *


Sec. 173.13  [Amended]

    28. In Sec. 173.13, paragraph (a) is amended by adding the 
parenthetical phrase ``(except for the CARGO AIRCRAFT ONLY label)'' 
after the word ``labeling'' in the first sentence.

    29. In Sec. 173.32, paragraph (e)(3) is revised to read as follows:

[[Page 50461]]

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 portable tank, on or near the metal certification plate. 
Marking must be in accordance with Sec. 178.3 of this subchapter, 
except that a portable tank manufactured under a previously authorized 
specification may continue to be marked with smaller markings if 
originally authorized under that specification (e.g., DOT Specification 
57 portable tanks).
* * * * *
    30. In Sec. 173.60, a new paragraph (b)(14) is 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 provided that a negative result was obtained in 
Test Series 4 of the UN Manual of Tests and Criteria on an unpackaged 
article. When such articles have propelling charges or are self-
propelled, their ignition systems shall be protected against stimuli 
encountered during normal conditions of transport. 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 DOD-approved procedures.

    31. In Sec. 173.61, paragraph (a) is 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 other material that could, under normal conditions of 
transportation, adversely affect the explosive or its packaging unless 
packaged by DOD or DOE in accordance with Sec. 173.7(a).
* * * * *


Sec. 173.62  [Amended]

    32. In Sec. 173.62, paragraph (d) is removed.

    33. In Sec. 173.150, in paragraph (f)(3)(iv), the word 
``Placarding'' is removed and the wording ``For bulk packagings only, 
placarding'' is added in its place and paragraph (f)(3)(viii) is 
revised to read as follows:


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

* * * * *
    (f) Combustible liquids. * * *
    (3) * * *
    (viii) The requirements of Secs. 173.1, 173.21, 173.24, 173.24a, 
173.24b, 174.1, 177.804, 177.817, 177.834(j), and 177.837(d) of this 
subchapter.
* * * * *
    34. In Sec. 173.166, a sentence is added at the end of paragraph 
(c), a new paragraph (d)(3) is added, and paragraph (e) introductory 
text is revised to read as follows:


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

* * * * *
    (c) * * * This paragraph (c) does not apply to a device classed as 
Division 2.2.
    (d) * * *
    (3) 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 and 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.
    (e) Packagings. The following packagings at the Packing
    Group III performance level are authorized for Class 9 devices:
* * * * *
    35. In Sec. 173.242, paragraphs (c)(1) and (c)(2) are revised and 
paragraph (c)(3) is added to read as follows:


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

* * * * *
    (c) * * *
    (1) Minimum design pressure. Each tank must have a minimum design 
pressure of 62 kPa (9 psig);
    (2) Pressure relief devices. Each tank must be equipped with at 
least one pressure relief device, such as a spring-loaded valve or 
fusible plug, conforming to the following:
    (i) 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;
    (ii) Frangible devices are not authorized;
    (iii) No pressure relief device may open at less than 34.4 kPa (5 
psig);
    (iv) 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 104  deg.C. and 149  deg.C. (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; and
    (v) No relief device may be used which would release flammable 
vapors under normal conditions of transportation (temperature up to and 
including 54  deg.C. (130  deg.F.).); and
    (3) Venting capacity. The minimum venting capacity for pressure 
activated vents must be 6,000 cubic feet of free air per hour (measured 
at 101.3 kPa (14.7 psi) and 15.6  deg.C. (60  deg.F.)) at not more than 
34.4 kPa (5 psi). 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 legs.

* * * * *

    36. In Sec. 173.247, paragraph (g)(1)(iii)(C) is 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

[[Page 50462]]

incorporating a rupture disc conforming to the requirements of 
Sec. 179.15 of this subchapter.
* * * * *


Sec. 173.306  [Amended]

    37. In Sec. 173.306, in paragraph (h)(2), the wording ``hazardous 
substance or hazardous waste'' is removed and the wording ``hazardous 
substance, a hazardous waste, or a marine pollutant'' is added in its 
place.
    38. In Sec. 173.307, paragraph (a)(4) is 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 (25 pounds) 
or less 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) or less of a flammable, non-toxic liquefied 
gas.
* * * * *

PART 174--CARRIAGE BY RAIL

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

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

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


Sec. 174.26  Notice to train crews.

* * * * *

    41. Section 174.50 is revised to read as follows:


Sec. 174.50  Nonconforming or leaking packages.

    A leaking non-bulk package 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 to eliminate an immediate threat or harm to 
human health or to the environment when it is determined its movement 
would provide greater safety than allowing the package to remain in 
place. In the case of a liquid leak, measures must be taken to prevent 
the spread of liquid.

PART 175--AGE BY AIRCRAFT

    42. The authority citation for part 175 continues to read as 
follows:

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


Sec. 175.25  [Amended]

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

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    44-45. The authority citation for part 177 continues to read as 
follows:

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


    46. In Sec. 177.834, paragraph (i)(3) is revised to read as 
follows:


Sec. 177.834  General requirements.

* * * * *
    (i) Attendance requirements. * * *
    (3) Except for unloading operations subject to Secs. 177.837(d), 
177.840(p), and 177.840(q), a qualified person ``attends'' the loading 
or unloading of a cargo tank if, throughout the process, he is alert 
and is within 7.62 meters (25 feet) of the cargo tank. The qualified 
person attending the unloading of a cargo tank must have an 
unobstructed view of the cargo tank and delivery hose to the maximum 
extent practicable during the unloading operation.
* * * * *

    47. In Sec. 177.837, paragraph (d) is added to read as follows:


Sec. 177.837  Class 3 (flammable liquid) materials.

* * * * *
    (d) Unloading combustible liquids. For a cargo tank unloading a 
material meeting the definition for combustible liquid in 
Sec. 173.150(f) of this subchapter, the qualified person attending the 
unloading operation must remain within 45.72 meters (150 feet) of the 
cargo tank and 7.62 meters (25 feet) of the delivery hose and must 
observe both the cargo tank and the receiving container at least once 
every five minutes during unloading operations that take more than five 
minutes to complete.

    48. In Sec. 177.848, paragraph (c) is 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 
a mixture of the materials would generate hydrogen cyanide.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec. 178.3  [Amended]

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


Sec. 178.345-13  [Amended]

    51. 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'' is 
removed.

    52. 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]

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


Sec. 178.703  [Amended]

    54. In Sec. 178.703, in paragraph (a)(1)(ii), the wording ``(1) and 
(2)'' is removed.

    55. In Sec. 178.815, the following changes are made:
    a. In paragraph (c)(4)(i), immediately following the semicolon the 
word ``or'' is removed.

[[Page 50463]]

    b. In paragraph (c)(4)(ii), at the end of the sentence the period 
is removed and the wording ``; or'' is added in its place.
    c. A new paragraph (c)(4)(iii) is 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

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

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


Sec. 179.100-20  [Amended]

    57. In Sec. 179.100-20, in the table in paragraph (a), the entry 
for ``Water capacity'' is removed.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    58. The authority citation for part 180 continues to read as 
follows:

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


    59. In Sec. 180.417, paragraph (a)(2) is 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)(2). 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 information 
required by this section 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, D.C. on August 4, 2000, under authority 
delegated in 49 CFR part 1.
John P. Murray,
Acting Deputy Administrator, Research and Special Programs 
Administration.
[FR Doc. 00-20448 Filed 8-17-00; 8:45 am]
BILLING CODE 4910-60-P