[Federal Register Volume 65, Number 190 (Friday, September 29, 2000)]
[Rules and Regulations]
[Pages 58614-58633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24633]



[[Page 58613]]

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

Part III





Department of Transportation





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



Research and Special Programs Administration



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



49 CFR Parts 107, 171, 172 et al.



Hazardous Materials Regulations: Editorial Corrections and 
Clarifications; Final Rule

  Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / 
Rules and Regulations  

[[Page 58614]]


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

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, 179 and 180

[Docket No. RSPA-00-7755 (HM-189Q)]
RIN 2137-AD47


Hazardous Materials Regulations: Editorial Corrections and 
Clarifications

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

ACTION: Final rule.

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

SUMMARY: This final rule corrects editorial errors, makes minor 
regulatory changes, and improves the clarity of certain provisions in 
the Hazardous Materials Regulations (HMR). The intended effect of this 
rule is to enhance the accuracy and reduce misunderstandings of the 
HMR. The amendments contained in this rule are minor editorial changes 
and do not impose new requirements.

EFFECTIVE DATE: October 1, 2000.

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

SUPPLEMENTARY INFORMATION:

Background

    RSPA (we) annually reviews the Hazardous Materials Regulations 
(HMR; 49 CFR parts 171-180) and the procedural regulations associated 
with the HMR (49 CFR part 107) to identify errors causing confusion to 
readers. In this final rule, we are correcting typographical errors, 
incorrect references to other rules and regulations in the CFR, 
inconsistent use of terminology, and misstatements of certain 
regulatory requirements. In response to inquiries we received 
concerning the clarity of particular requirements specified in the HMR, 
we are also making certain other changes to reduce uncertainties and 
improve understanding.
    Because these amendments do not impose new requirements, notice and 
public comment procedures are unnecessary. In addition, making these 
amendments effective without the customary 30-day delay following 
publication will allow the changes to appear in the next revision of 
the CFR.
    The following is a section-by-section summary of the amendments 
made under this final rule. It does not discuss all minor editorial 
corrections (for example, typographical, capitalization and punctuation 
errors), changes to legal authority citations and certain other minor 
adjustments intended to enhance the clarity of the HMR.

Section-by-Section Review

Part 107

Sections 107.3 and 107.117

    Because of Departmental reorganization, we are revising these 
sections to replace ``Federal Highway Administration'' with ``Federal 
Motor Carrier Safety Administration.''

Section 107.14

    We are revising paragraph (a)(1) to provide telephone numbers at 
which callers may leave recorded messages.

Sections 107.105, 107.219, and 107.329

    We are revising these sections to correct miscellaneous 
typographical errors.

Section 107.127

    We are revising paragraph (a) to provide information on certain 
documents that may be viewed on-line and the Internet address.

Appendix A to Subpart D

    We are revising paragraph (c) of Section IV of Appendix A to 
correct the amount of the maximum civil penalty that may be assessed 
after January 21, 1997.

Part 171

Section 171.1

    We are revising paragraph (a) to remove an outdated reference to 
intrastate motor carrier transportation.

Section 171.6

    We are revising paragraph (b)(2) to revise the table of OMB control 
numbers to reflect current control numbers, report title and affected 
sections for collection of information.

Section 171.7

    We are revising the table of materials incorporated by reference to 
remove obsolete references.

Section 171.8

    We are revising the definition of ``exemption'' to substitute 
``Federal Motor Carrier Safety Administration'' for ``Federal Highway 
Administration.'' In addition, we are removing the definition for 
``general public'' which was incorporated into the HMR in conjunction 
with the Radioactive Protection Program (RPP) under Docket HM-169B (60 
FR 50292), a final rule published on September 28, 1995. In a 
subsequent final rule published under HM-169B (63 FR 48566) published 
on September 10, 1998, we removed the RPP requirements; however, we 
overlooked the removal of the definition for ``general public'' which 
was exclusive to the RPP. Finally, we are updating the definition of 
``preferred route or preferred highway'' to correct an outdated CFR 
citation.

Sections 171.11 and 171.12

    We are correcting two miscellaneous typographical errors in these 
sections.

Section 171.15

    In paragraph (a)(2), we are removing outdated CFR references. In 
paragraph (a)(5) and in the introductory text in paragraph (b), we are 
correcting the name of the organization that receives the incident 
notifications.

Part 172

Section 172.101

    In paragraph (g), we are adding a sentence to clarify that 
requirements for applying EMPTY labels are in Sec. 173.428. In the 
paragraph (g) table, we are adding an entry for the INFECTIOUS 
SUBSTANCE label that had been inadvertently omitted.

The Hazardous Materials Table (HMT)

    We are amending the HMT by correcting various typographical, 
capitalization and punctuation errors. We are correcting certain other 
errors such as removing obsolete reference (``see'') entries and 
obsolete ID numbers appearing in the italicized portion of certain 
proper shipping names. In addition, we are correcting the order of the 
qualifying words ``flammable'' and ``toxic'' for the following proper 
shipping names: ``Pyrethroid pesticide, liquid, toxic, flammable, flash 
point less than 23 degrees C,'' UN3350; ``Pyrethroid pesticide, liquid, 
flammable, toxic, flash point not less than 23 degrees C,'' UN3351; 
``Thiocarbamate pesticide, liquid, flammable, toxic, flash point not 
less than 23 degrees C,'' UN3005; and ``Triazine pesticides, liquid, 
flammable, toxic, flash point less than 23 degrees C,'' UN2764. The 
qualifying words ``flammable'' and ``toxic'' were printed in the 
incorrect order under a final rule, HM-215C (64 FR 10742) published on 
March 5, 1999. Although the corrected order is the preferred order, as 
provided in Sec. 172.101(c)(4), when qualifying words are used as part 
of the proper shipping name, their sequence is optional for markings 
and shipping paper descriptions. For two reference (``see'') entries, 
we are removing the

[[Page 58615]]

word ``commercial.'' Under HM-215C, we removed the word from certain 
Class 1 (explosive) material entries, however, failed to remove the 
word from the reference entries. Some HMT revisions appear as 
``remove'' and ``add'' and, therefore, readers should review all 
regulatory text revisions for a complete view of the changes.

Appendices A and B to Sec. 172.101

    In Table 1 to Appendix A, we are correcting several printing 
errors. We are removing the first of two duplicate entries for ``DDE'' 
and ``4,4'-DDE.'' In addition, we are adding reportable quantity (RQ) 
entries for four materials for which RQs were omitted. In Appendix B, 
we are removing three asterisks from the entry for ``PCBs'' that were 
originally included in error.

Section 172.102

    We are revising Special Provision A52 to change the phrase ``Type I 
shipping containers'' to ``Category I shipping containers.'' This 
change makes the language of the special provision consistent with the 
terminology used in Air Transport Association Specification 300.
    In paragraph (c)(2), we are revising Special Provision B13 to 
correct CFR references changed by revisions to the cargo tank 
specifications. We are revising Special Provision B14 to remove an 
expired transition provision.

Section 172.203

    We are revising paragraph (d) of this section to remove an obsolete 
provision for describing activity levels for packages of radioactive 
materials.

Section 172.310

    We are correcting a typographical error in paragraph (a).

Section 172.400a

    We are revising paragraph (a)(7) to clarify that the exception from 
labeling in Sec. 173.427(a)(6)(vi) also applies to surface contaminated 
objects.

Section 172.403

    We are revising paragraph (a) to remove the reference to 
Sec. 173.428 which was revised and is no longer relevant to the 
labeling requirements specified in Sec. 172.403. In addition, we are 
revising paragraph (g) to remove an obsolete provision for labeling 
packages of radioactive materials.

Section 172.505

    We are revising paragraph (a) to correct the section reference `` 
``Sec. 172.203(m)(3)'' to `` Sec. 172.203(m)(2)''.

Section 172.556

    We are revising paragraph (a) to correct the illustration for the 
RADIOACTIVE placard to show that the yellow background color on the top 
half of the placard may extend only to the inner border. This revision 
makes the placard illustration consistent with placard specification 
prescribed in Sec. 172.519(d)(4).

Section 172.558

    We are revising paragraph (a) to correct the illustration for the 
CORROSIVE placard to show that the base of the white triangle in the 
upper portion of the placard must be 38 mm  5 mm (1.5 
inches  0.2 inches) above the placard horizontal center 
line, as prescribed in paragraph (b).

Section 172.604

    We are revising paragraph (a) to remove the reference to a ``24-
hour'' emergency response telephone number. Consistent with 
Sec. 172.604(b), the emergency response telephone number must be 
monitored at all times the hazardous material is in transportation, 
which may not be 24 hours in all situations.

Part 173

Section 173.4

    We are amending this section to add a note following paragraph 
(a)(6) that was inadvertently removed due to a printing error in an 
earlier revision.

Section 173.7

    We are revising paragraph (e), added under Docket HM-218, August 
18, 2000, (65 FR 50460), effective October 1, 2000, to clarify the 
marking and labeling requirements for certain Class 1 explosives owned 
by the Department of Defense (DOD) and packaged prior to January 1, 
1990. In the preamble, in Docket HM-218, we stated that the explosives 
were excepted 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.

Section 173.12

    We are revising this section to remove paragraph (d)(2), which 
references a provision that no longer appears in Sec. 172.203(m).

Section 173.27

    We are revising paragraph (b)(4) to correct the paragraph reference 
for the CARGO AIRCRAFT ONLY label from ``Sec. 172.402(b)'' to 
``Sec. 172.402(c)''.

Section 173.31

    We are revising paragraph (b)(6)(ii) to update the address to which 
required tank car reports must be submitted.

Section 173.32

    We are editorially revising paragraph (a)(1) for clarity. In 
addition, we are correcting section references related to the portable 
tank specifications in part 178.

Section 173.34

    We are revising paragraph (h) to correct outdated CFR references.

Section 173.62

    We are relocating text for entry 137 in the table of packing 
methods from column 3 to column 4 to correct a printing error. In 
addition, in paragraph (c), in footnote (1)(e)(iv) following the table, 
we are correcting a CFR reference.

Section 173.128

    In paragraph (d)(1)(ii), we are correcting a CFR reference.

Section 173.132

    We are revising paragraph (a)(1)(iii)(B) for consistency with the 
table in Sec. 173.133(a)(2)(i). In paragraph (c)(3), we are correcting 
a typographical error in the formula.

Section 173.159

    We are revising paragraph (a) to specify that electric storage 
batteries may not be packed with other materials except as provided in 
paragraphs (g) and (h) of this section and in Secs. 173.220 and 
173.222. The reference to paragraph (g) was inadvertently omitted due 
to a printing error.

Section 173.166

    We are revising paragraph (d)(3), added under Docket HM-218 (65 FR 
50461) to provide for the transportation of a recycled air bag module 
or a seat belt pretensioner by rail freight and cargo vessel. In the 
preamble of Docket HM-218, we stated that the amendment 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. During the HM-218 rulemaking 
proceedings, RSPA revised the exemption to authorize rail freight and 
cargo vessel as additional authorized modes of transportation. In this 
final rule, we are amending paragraph (d)(3) to reflect the revision to 
the exemption.

[[Page 58616]]

Sections 173.181, 173.224, 173.225, 173.304, and 173.306

    We are making changes to remove or replace outdated CFR references.

Section 173.315

    Effective December 31, 1990, the MC 331 cargo tank specification in 
Sec. 178.337 was revised. Among other revisions, requirements for 
emergency discharge control systems previously located in Sec. 178.337-
11(c) were revised and moved to Sec. 178.337-11(a). However, through an 
oversight, Note 16 to the table in Sec. 173.315(a), which required MC 
330 and MC 331 to be equipped with emergency discharge controls 
conforming to Sec. 178.337-11(c), was not revised. Effective July 1, 
1999, the MC 331 cargo tank specification in Sec. 178.337 was again 
revised. Among other revisions, requirements for emergency discharge 
control systems previously located in Sec. 178.337-11(a) were rewritten 
and provisions applicable to opening, inlets, and outlets were 
relocated to Sec. 178.337-8(a). Note 16 to the table in Sec. 173.315(a) 
was not revised to account for the 1999 changes in Secs. 178.337-8 and 
178.337-11. This final rule revises Sec. 173.315(a) to require 
openings, inlets, and outlets on MC 330 and MC 331 cargo tanks to 
conform to Sec. 178.337-8(a) and to require MC 330 and MC 331 cargo 
tanks to be equipped with emergency discharge control systems that 
conform to Sec. 178.337-11(a).
    In addition, we are revising paragraphs (f) and (o) to correct a 
reference.
    We are also revising paragraph (i)(4) to correct a typographical 
error in the second sentence. The sentence is corrected to indicate 
that the start-to-discharge value, not valve, must be visible after the 
valve is installed.
    Paragraph (n)(5)(iii) includes an inadvertent reference to non-
specification cargo tanks authorized under paragraph (k) of 
Sec. 173.315. Paragraph (n)(5)(iii) requires certain cargo tanks in 
metered delivery service with capacities over 3,500 gallons to be 
equipped with emergency discharge control equipment by the dates 
specified. Non-specification cargo tanks authorized for use under 
Sec. 173.315(k) are limited to capacities of 3,500 gallons or less. 
This final rule removes the inadvertent reference to non-specification 
cargo tanks.

Section 173.319

    We are revising paragraphs (c) and (d)(2) to correct outdated CFR 
references.

Section 173.403

    For consistency with the proper shipping name listed in the 
Sec. 172.101 Hazardous Materials Table, we are revising the wording for 
the definition ``Radioactive instrument and article'' to read 
``Radioactive instrument or article.''

Section 173.417

    In paragraph (b)(1) Table 4 and in paragraph (b)(2)(ii) Table 5, we 
are replacing the symbol ``='' with the universally acknowledged symbol 
``.''

Section 173.425

    We are correcting the entry for ``Gases'' in Table 7 by replacing 
the entry ``Other form'' with ``Normal form.'' ``Other form'' is not a 
defined category in the regulations.

Section 173.427

    In paragraph (c)(2)(i), we are removing an outdated CFR reference.

Section 173.435

    We are revising two references in the table to correct printing 
errors.

Part 174

Section 174.290

    We are correcting an outdated CFR reference in paragraph (b)(1).

Part 176

Section 176.78

    The last sentence, in Sec. 176.78(h)(8), that makes reference to 
former Sec. 176.79 is removed.

Section 176.104

    In paragraph (g), we are removing an obsolete section reference.

Section 176.166

    We are revising paragraph (a)(2) to correct the section reference 
``Sec. 176.143 (b)(2)'' by replacing it with ``Sec. 176.142 (b)(2)''.

Sections 176.410 and 176.415

    In these sections, we are revising the incorrect UN identification 
number ``UN 2072'' by replacing it with ``NA 2072.''

Section 176.905

    We are revising paragraph (j) to correct an outdated CFR reference.

Part 177

Section 177.835

    Based on comments from the Institute of Makers of Explosives, we 
are removing outdated CFR references in paragraph (h), and revising 
paragraph (g). The phrase ``explosives for blasting'' is replaced with 
the term ``Division 1.5'' and a reference to ``Class A, B and C 
explosives'' is removed.

Section 177.843

    In paragraph (c), we are correcting the section reference for Class 
7 (radioactive) material incidents by adding Secs. 171.15 and 171.16.

Section 177.854

    The introductory text in paragraph (d) references sections of part 
177 that were removed in a previous revision. This final rule removes 
these references.

Part 178

Section 178.37

    We are revising an outdated CFR reference in paragraph (g)(4).

Section 178.44

    In paragraph (b), in Table 1--Authorized Materials, for 
specification 3HT seamless steel cylinders for aircraft use, we are 
correcting an error for the entry ``Molybdenum'' by revising the 
specification ``0.15/.025'' to read ``0.15/0.25.''

Section 178.65

    In paragraph (i), we are removing an outdated CFR reference.

Section 178.337-3

    We are revising paragraphs (e) and (g)(2) to include metric 
measurements for the metal thicknesses specified.

Sections 178.345-3, 178.345-10, 178.345-13, 178.346, 178.346-1, 
178.347-1, and 178.348-1

    We are revising several paragraphs in these sections to correct CFR 
references changed by revisions to the cargo tank specifications.

Section 178.356-1

    In paragraph (c), we are correcting an incorrect reference to 
obsolete Sec. 178.118-8(b) for shell closure requirements. We are 
redesignating current paragraph (d) as paragraph (e) and adding in new 
paragraph (d) the closure requirements formerly contained in obsolete 
Sec. 178.118-8(b).

Section 178.606

    We are revising paragraph (c)(1) to make minor editorial changes.

Section 178.703

    We are revising paragraph (a)(1)(i) to correct an outdated CFR 
reference.

[[Page 58617]]

Part 179

Sections 179.100-1, 179.100-3, 179.100-9, 179.100-13, 179.102-4 and 
179.220

    We are correcting several outdated CFR references in these 
sections.

Section 179.301

    In paragraph (a), in the table we are revising the entry for 
``Bursting pressure, p.s.i'' to remove an outdated CFR reference and 
clarify that the entry refers to the minimum required bursting 
pressure.

Sections 179.400-6 and 179.401-1

    We are revising several outdated CFR references in these sections.

Part 180

Section 180.352

    We are revising paragraph (b)(3)(ii) to correct a CFR reference.

Section 180.405

    We are revising several paragraphs in this section to correct CFR 
references changed by revisions to the cargo tank specifications.

Section 180.407

    Effective July 1, 2000, paragraph (h) was revised to add a delivery 
hose assembly and piping test to the leakage test requirements for MC 
330, MC 331, and non-specification cargo tank authorized under 
Sec. 173.315(k). Paragraph (h)(4) includes a requirement for record 
keeping to document the results of the tests. The inclusion of the term 
``original hose assembly'' in reference to the date of the tests in 
paragraph (h)(4) was inadvertent. To comply with the record keeping 
requirements in this paragraph, a Registered Inspector must note the 
hose identification number of the hose being tested, the date of the 
test, and the condition of the hose assembly and piping system tested. 
Paragraph (h)(4) is revised in this final rule to correct this 
inadvertent error.

Section 180.519

    In paragraphs (b)(1) and (c), we are revising several outdated CFR 
references.

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 according to the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). Because of the minimal 
economic impact of this rule, preparation of a regulatory impact 
analysis or a regulatory evaluation is not warranted.

B. Executive Order 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), 
(iv), and (v) above and preempts State, local, and Indian tribe 
requirements not meeting the ``substantively the same'' standard. This 
final rule is necessary to enhance the accuracy and reduce 
misunderstandings of the HMR.
    Federal hazardous materials transportation law provides at 
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 this Executive 
Order 13084 do not apply.

D. Regulatory Flexibility Act

    I certify that the requirements adopted in this final rule are 
applicable to a substantial number of small businesses, but that the 
economic impact on these small businesses will not be significant. This 
rule makes minor editorial changes which will not impose any new 
requirements on persons subject to the HMR; thus, there are no direct 
or indirect adverse economic impacts for small units of government, 
businesses or other organizations.

E. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

F. 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 OMB 
control number. There are no new information collection requirements in 
this final rule.

G. 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.

[[Page 58618]]

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, 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 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. 107.3  [Amended]

    1. In Sec. 107.3, in the definition for ``exemption'', the wording 
``Federal Highway Administration'' is removed and ``Federal Motor 
Carrier Safety Administration'' is added in its place.

    2. In Sec. 107.14, the third and fourth sentences in paragraph 
(a)(1) are revised to read as follows:


Sec. 107.14  Availability of informal guidance and interpretive 
assistance.

    (a) Availability of telephonic and Internet assistance. (1) * * * 
When the information line is not staffed, callers may leave a recorded 
message, which will be answered by the end of the next business day. 
The telephone numbers for the information line are: 1-800-HMR-4922 
(that is; 1-800-467-4922 toll free), or 202-366-4488 (in the 
Washington, D.C. area). * * *
* * * * *


Sec. 107.105  [Amended]

    3. In Sec. 107.105, in paragraph (c)(9), at the end of the 
paragraph, the semicolon is removed and a period is added in its place.


Sec. 107.117  [Amended]

    4. In Sec. 107.117, in paragraph (d)(3), the wording ``Federal 
Highway Administration'' is removed and the wording ``Federal Motor 
Carrier Safety Administration'' is added in its place.


Sec. 107.127  [Amended]

    5. In Sec. 107.127, in paragraph (a), a new sentence is added at 
the end of the paragraph to read as follows:


Sec. 107.217  Availability of documents for public inspection.

    (a) * * * Documents numbered 11832 and above may also be viewed at 
the internet website address http://dms.dot.gov.
* * * * *


Sec. 107.219  [Amended]

    6. In Sec. 107.219, in paragraph (c)(1), the wording ``political 
subdivision thereof of Indian tribe requirement'' is removed and the 
wording ``political subdivision thereof or Indian tribe requirement'' 
is added in its place.


Sec. 107.329  [Amended]

    7. In Sec. 107.329, in paragraph (b), the wording ``and order 
issued thereunder'' is removed and the wording ``an order issued 
thereunder'' is added in its place.

    8. In Part 107, in Appendix A to Subpart D, in Section IV, in 
paragraph C, the first sentence is revised as follows:

Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties

* * * * *

IV. Miscellaneous Factors Affecting Penalty Amounts

* * * * *

C. Penalty Increases for Multiple Counts

    Under the Federal hazmat law, 49 U.S.C. 5213(a), each violation 
of the HMR and each day of a continuing violation (except for 
violations pertaining to packaging manufacture or qualification) is 
subject to a civil penalty of up to $25,000 ($27,500 for a violation 
occurring after January 21, 1997). * * *
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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


Sec. 171.1  [Amended]

    10. In Sec. 171.1, in paragraph (a)(1), the following changes are 
made:
    a. The comma after the parenthetical wording ``(except as delegated 
at Sec. 1.46(t) of this title)'' is removed and a period is added in 
its place.
    b. The parenthetical wording ``(except that until October 1, 1998, 
this subchapter applies to intrastate carriers by motor vehicle only in 
so far as this subchapter relates to hazardous waste, hazardous 
substances, flammable cryogenic liquids in portable tanks and cargo 
tanks, and marine pollutants).'' is removed.

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


Sec. 171.6  Control numbers under the Paperwork Reduction Act.

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

[[Page 58619]]



------------------------------------------------------------------------
                                                    Title 49 CFR part or
                                                       section where
 Current OMB  control No.           Title              identified and
                                                         described
------------------------------------------------------------------------
2137-0014.................  Cargo Tank             Secs.  107.503,
                             Specification          107.504, 178.320,
                             Requirements.          178.337, 178.338,
                                                    178.345, 180.407,
                                                    180.409, 180.413,
                                                    180.417.
2137-0018.................  Inspection and         Secs.  173.24,
                             Testing of Portable    173.32, 173.32a,
                             Tank and IBC's.        173.32b, 178.3,
                                                    178.245, 178.255,
                                                    178.270, 178.703,
                                                    178.801, 180.352.
2137-0022.................  Testing, Inspection,   Secs.  173.34,
                             and Marking            173.302, 173.303,
                             Requirements for       173.309, 178.2,
                             Cylinders.             178.3, 178.35,
                                                    178.44, 178.45,
                                                    178.46, 178.57,
                                                    178.59, 178.60,
                                                    178.61, 178.68.
2137-0034.................  Hazardous Materials    Secs.  172.200,
                             Shipping Papers and    172.201, 172.203,
                             Emergency Response     172.204, 172.205,
                             Information.           172.600, 172.602,
                                                    172.604, 172.606,
                                                    173.6, 173.7,
                                                    173.22, 173.56,
                                                    174.24, 174.26,
                                                    174.114, 175.30,
                                                    175.31, 175.33,
                                                    175.35, 176.24,
                                                    176.27, 176.30,
                                                    176.36, 176.89,
                                                    177.817.
2137-0039.................  Hazardous Materials    Secs.  171.15,
                             Incident Report.       171.16.
2137-0051.................  Rulemaking and         Secs.  106.31,
                             Exemptions Petitions.  106.35, 106.38,
                                                    107.5, 107.7,
                                                    107.105, 107.107,
                                                    107.109, 107.113,
                                                    107.117, 107.121,
                                                    107.123, 107.125,
                                                    107.205, 107.211,
                                                    107.215, 107.217,
                                                    107.219, 107.221,
                                                    107.223.
2137-0510.................  RAM Transportation     Part 173, Subpart I,
                             Requirements.          Secs.  173.22,
                                                    173.411, 173.415,
                                                    173.416, 173.417,
                                                    173.457, 173.471,
                                                    173.472, 173.473,
                                                    173.476.
2137-0542.................  Cryogenic Liquids      Secs.  173.318,
                             Requirements.          177.816, 177.840,
                                                    180.405.
2137-0557.................  Approvals for          Secs.  107.402,
                             Hazardous Materials.   107.403, 107.405,
                                                    107.503, 107.705,
                                                    107.713, 107.715,
                                                    107.717, 110.30,
                                                    172.101, 172.102,
                                                    Special provisions:
                                                    26, 29, 53, 55, 60,
                                                    105, 118, 121, 125,
                                                    129, 131, 133, 136;
                                                    172.102, Special
                                                    provisions: B45,
                                                    B55, B61, B69, B77,
                                                    B81; N10, N72; Code:
                                                    T42; 173.2a, 173.4,
                                                    173.7, 173.21,
                                                    173.22, 173.24,
                                                    173.28, 173.31,
                                                    173.32a, 173.32b,
                                                    173.34, 173.51,
                                                    173.56, 173.58,
                                                    173.59, 173.124,
                                                    173.128, 173.159,
                                                    173.166, 173.171,
                                                    173.214, 173.222,
                                                    173.224, 173.225,
                                                    173.245, 173.300a,
                                                    173.300b, 173.301,
                                                    173.305, 173.306,
                                                    173.314, 173.315,
                                                    173.316, 173.318,
                                                    173.334, 173.340,
                                                    173.411, 173.433,
                                                    173.457, 173.471,
                                                    173.472, 173.473,
                                                    173.476, 174.50,
                                                    174.63, 175.10,
                                                    175.701, 176.168,
                                                    176.340, 176.704,
                                                    178.3, 178.35,
                                                    178.47, 178.53,
                                                    178.58, 178.270-3,
                                                    178.270-13, 178.503,
                                                    178.509, 178.605,
                                                    178.606, 178.608,
                                                    178.801, 178.813.
2137-0559.................  Rail Carriers and      Secs.  172.102,
                             Tank Car Tank          Special provisions:
                             Requirements.          B45, B46, B55, B61,
                                                    B69, B77, B78, B81;
                                                    173.10, 173.31,
                                                    174.20, 174.50,
                                                    174.63, 174.104,
                                                    174.114, 174.204,
                                                    179.3, 179.4, 179.5,
                                                    179.6, 179.7,
                                                    179.11, 179.18,
                                                    179.22, 179.100-9,
                                                    179.100-12, 179.100-
                                                    13, 179.100-16,
                                                    179.100-17, 179.102-
                                                    4, 179.102-17,
                                                    179.103-1, 179.103-
                                                    2, 179.103-3,
                                                    179.103-5, 179.200-
                                                    10, 179.200-14,
                                                    179.200-15, 179.200-
                                                    16, 179.200-17,
                                                    179.200-19, 179.201-
                                                    3, 179.201-8,
                                                    179.201-9, 179.220-
                                                    4, 179.220-7,
                                                    179.220-8, 179.220-
                                                    13, 179.220-15,
                                                    179.220-17, 179.220-
                                                    18, 179.220-20,
                                                    179.220-22, 179.300-
                                                    3, 179.300-7,
                                                    179.300-9, 179.300-
                                                    12, 179.300-13,
                                                    179.300-15, 179.300-
                                                    20, 179.400-3,
                                                    179.400-4, 179.400-
                                                    11, 179.400-13,
                                                    179.400-16, 179.400-
                                                    17, 179.400-19,
                                                    179.400-20, 179.500-
                                                    5, 179.500-8,
                                                    179.500-12, 179.500-
                                                    18, 180.505,
                                                    180.509, 180.515,
                                                    180.517.
2137-0572.................  Testing Requirements   Secs.  178.2,
                             for Non-Bulk           178.601.
                             Packaging.
2137-0582.................  Container              Secs.  176.27,
                             Certification          176.172.
                             Statement.
2137-0586.................  Hazardous Materials    Part 110.
                             Public Sector
                             Training and
                             Planning Grants.
2137-0595.................  Cargo Tank Motor       Secs.  173.315,
                             Vehicles in            178.337-8, 178.337-
                             Liquefied Compressed   9, 180.405, 180.416.
                             Gas Service.
------------------------------------------------------------------------

Sec. 171.7  [Amended]

    12. In Sec. 171.7, in the table in paragraph (a)(3), the following 
changes are made:
    a. The entry ``ASTM B 90-69'' is removed.
    b. In the entry ``ASTM B 557-84'', in column 2, the reference ``; 
178.251'' is removed.
    c. In the entry ``ASTM E 8-89'', in column 2, the reference ``; 
178.251'' is removed.
    d. In the entry ``CGA Pamphlet C-3'', in column 2, the reference 
``178.54;'' is removed.
    e. The entry for ``Fertilizer Institute'' is removed.
    f. The first entry for ``Health and Human Services'' is removed and 
the entry for ``Health and Human Services'' following ``ISO 1496-3-
1995(E)'' is placed in alphabetical order.
    g. Under Transport Canada, in the entry ``Transportation of 
Dangerous Goods Regulations,'' in column 2, the reference ``; 174.11'' 
is removed.

    12a. In Sec. 171.7, in the paragraph (b) table, the entry for the 
``Department of Transportation (USDOT)'' is removed.

[[Page 58620]]

Sec. 171.8  [Amended]

    13. In Sec. 171.8, the following changes are made:
    a. In the definition of ``Exemption'', the parenthetical wording 
``(e.g., Federal Highway Administration routing)'' is removed and the 
parenthetical wording ``(e.g., Federal Motor Carrier Safety 
Administration routing)'' is added in its place.
    b. The definition ``General public'' is removed.
    c. In the definition ``Preferred route or Preferred highway'', the 
wording ``Sec. 177.825(b) of this subchapter.'' is removed and the 
wording ``Sec. 397.103 of this title.'' is added in its place.


Sec. 171.11  [Amended]

    14. In Sec. 171.11, in paragraph (d)(1), revise ``Sec. 172.203(c)'' 
to read ``Secs. 172.203(c)''.


Sec. 171.12  [Amended]

    15. In Sec. 171.12, in paragraph (b)(2), the ``0'' at the end of 
the paragraph is removed.


Sec. 171.15  [Amended]

    16. In Sec. 171.15, the following changes are made:
    a. In paragraph (a)(2), the parenthetical wording ``(see also 
Secs. 174.45, 176.48, and 177.807 of this subchapter)'' is removed.
    b. In paragraphs (a)(5) and (b) introductory text, the word 
``Department'' is removed and the wording ``National Response Center'' 
is added in its place.

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

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

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


    18. In Sec. 172.101, in paragraph (g), a new sentence is added 
after the fifth sentence, and in the Label Substitution Table, a new 
entry is added in appropriate numerical order to read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *
    (g) * * * For ``Empty'' label requirements, see Sec. 173.248 of 
this subchapter. * * *

                        Label Substitution Table
------------------------------------------------------------------------
             Label code                           Label name
------------------------------------------------------------------------
                  *        *        *        *        *
                    6.2                 Infectious substance
                  *        *        *        *        *
------------------------------------------------------------------------

* * * * *

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


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 58621]]



                                                                            Sec.  172.101--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Hazardous                                                                                 (8) Packaging (Sec.  173.***)      (9) Quantity limitations     (10) Vessel stowage
                 materials      Hazard                                                                ------------------------------------------------------------------------------------------
  Symbols    descriptions and  class or   Identification       PG          Label codes      Special                                            Passenger      Cargo
              proper shipping  division      Numbers                                       provisions   Exceptions    Non-bulk       Bulk      aircraft/     aircraft     Location      Other
                   names                                                                                                                          rail         only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)          (2).............       (3)  (4)............  (5).........  (6).............  (7)........  (8A).......  (8B).......  (8C).......  (9A).......  (9B).......  (10A)......  (10B)
             [REMOVE]
                                       *                  *                  *                  *                  *                  *                  *
             Anhydrous
              ammonia, see
              Ammonia,
              anhydrous.
                                       *                  *                  *                  *                  *                  *                  *
             Batteries, wet           8  UN2795.........  III.........  8...............  ...........  159........  159........  159........  25 kg gross  No limit...      A......
              filled with
              alkali,
              electric
              storage.
                                       *                  *                  *                  *                  *                  *                  *
             Battery, wet,
              filled with
              acid or alkali
              with automobile
              (or named self-
              propelled
              vehicle or
              mechanical
              equipment
              containing
              internal
              combustion
              engine) see
              vehicles, self-
              propelled, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Calcium
              bisulfite
              solution, see
              Bisulfites,
              inorganic,
              aqueous
              solutions,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             1-Chloro-1, 1-
              difluoroethane,
              see
              Chlorodifluoroe
              thanes.
                                       *                  *                  *                  *                  *                  *                  *
             Cyclotrimethylen
              etrinitramine
              and
              cyclotetramethy
              lenetetranitram
              ine mixtures,
              wetted or
              desensitized
              see RDX and HMX
              mixtures,
              wetted or
              desensitized
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Dichlorofluorome
              thane or
              refrigerant gas
              R21.
                                       *                  *                  *                  *                  *                  *                  *
             1,2-
              Dichloro1,1,2,2-
               Tetrafluoroeth
              ane or
              Refrigerant gas
              R 114.
                                       *                  *                  *                  *                  *                  *                  *
             Dichloropropene
              and propylene
              dichloride
              mixture, see
              Propylene
              dichloride.
                                       *                  *                  *                  *                  *                  *                  *
             Dicycloheptadien
              e, see 2,5-
              Norbomadiene.
                                       *                  *                  *                  *                  *                  *                  *
             Etiologic agent,
              see Infectious
              substances,
              etc).
                                       *                  *                  *                  *                  *                  *                  *
             Fluoric acid,
              see
              Hydrofluoric
              acid, solution,
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Fuzes,
              combination,
              percussion and
              time, see
              Fuzes,
              detonating
              (UN0257,
              UN0367); Fuzes,
              igniting
              (UN0317,
              UN0368).
                                       *                  *                  *                  *                  *                  *                  *
             Hexaethyl
              tetraphosphate
              liquid.
                                       *                  *                  *                  *                  *                  *                  *
             Igniter fuse,
              metal clad, see
              Fuse, igniter,
              tubular, metal
              clad.
                                       *                  *                  *                  *                  *                  *                  *
             Jet perforators,
              see Charges,
              shaped,
              commercial, etc.
             Jet tappers,
              without
              detonator, see
              Charges,
              shaped,
              commercial, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Lacquer base or
              lacquer chips,
              plastic, wet
              with alcohol or
              solvent, see
              Nitrocellulose
              (UN2059,
              UN2060, UN2555,
              UN2556) or
              Paint etc.
              (UN1263).
                                       *                  *                  *                  *                  *                  *                  *
             Liquefied
              hydrocarbon
              gas, see
              Hydrocarbon
              gases,
              liquefied,
              n.o.s., etc.
                                       *                  *                  *                  *                  *                  *                  *
             Mobility aids,
              see Wheel
              chair, electric.

[[Page 58622]]

 
                                       *                  *                  *                  *                  *                  *                  *
             Muriatic acid,
              see
              Hydrochloric
              acid solution.
             Musk xylene, see
              5-tert-
              Butyl2,4,6-
              trinitro-m-
              xylene.
                                       *                  *                  *                  *                  *                  *                  *
             Nitrogen
              peroxide, see
              Dinitrogen
              tetroxide,
              liquefied.
                                       *                  *                  *                  *                  *                  *                  *
             Nitrogen
              tetroxide, see
              Dinitrogen
              tetroxide,
              liquefied.
                                       *                  *                  *                  *                  *                  *                  *
             Nonflammable
              gas, n.o.s.,
              see Compressed
              or Liquefied
              gases, etc.
              (UN1955,
              UN1956).
                                       *                  *                  *                  *                  *                  *                  *
             Nonliquefied
              hydrocarbon
              gas, see
              Hydrocarbon
              gases,
              compressed,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             Octogen, see
              cyclotetramethy
              ene
              tetranitramine,
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Organic peroxide
              type A, liquid
              or solid.
                                       *                  *                  *                  *                  *                  *                  *
             Organic peroxide  ........  ...............  III.........  6.1.............  B1,T14.....  153........  203........  242........  60L........  220L.......  A..........  40
              type F, solid,
              temperature
              controlled.
                                       *                  *                  *                  *                  *                  *                  *
             Organic
              pigments, self
              heating (both
              entries).
                                       *                  *                  *                  *                  *                  *                  *
             Pepper spray,
              see Aerosols,
              etc. or Self-
              defense spray,
              non-pressurized.
                                       *                  *                  *                  *                  *                  *                  *
             Phenylenediamine
              s (o-; m-; p-
              ;).
                                       *                  *                  *                  *                  *                  *                  *
             Potassium
              bisulfite
              solution, see
              Bisulfites,
              inorganic,
              aqueous
              solutions,
              n.o.s..
                                       *                  *                  *                  *                  *                  *                  *
             Potassium
              dichloro
              isocyanurate or
              Potassium
              dichloro-s-
              triazinetrione,
              see
              Dichloroisocyan
              uric acid, dry
              or
              Dichloroisocyan
              uric acid salts
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Potassium metal,
              liquid alloy,
              see Alkali
              metal alloys,
              liquid.
                                       *                  *                  *                  *                  *                  *                  *
             Pyrethroid
              pesticide,
              liquid, toxic,
              flammable,
              flashpoint less
              than 23 deg.C.
              (Both enties).
                                       *                  *                  *                  *                  *                  *                  *
             Pyrethroid
              pesticide,
              liquid,
              flammable,
              toxic,
              flashpoint not
              less than 23
              degrees C (all
              three entries).
                                       *                  *                  *                  *                  *                  *                  *
             RDX, see
              Cyclotrimethyle
              ne
              trinitramine,
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Self-defense
              spray, aerosol,
              see Aerosols,
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Shaped charges,
              commercial, see
              Charges,
              shaped,
              commercial etc.
                                       *                  *                  *                  *                  *                  *                  *
             Signals,
              highway, see
              Signal devices,
              hand;
              Fireworks, type
              D.

[[Page 58623]]

 
                                       *                  *                  *                  *                  *                  *                  *
             Sulfuretted
              hydrogen, see
              Hydrogen
              sulfide,
              liquefied.
                                       *                  *                  *                  *                  *                  *                  *
             Thiocarbamate
              pesticides,
              liquid,
              flammable,
              toxic, flash
              point not less
              than 23 degrees
              C. (all three
              entries).
                                       *                  *                  *                  *                  *                  *                  *
             TNT mixed with
              aluminum, see
              Tritonal.
                                       *                  *                  *                  *                  *                  *                  *
             Tractors, see
              Vehicles, self
              propelled.
                                       *                  *                  *                  *                  *                  *                  *
             Triazine
              pesticides,
              flammable,
              toxic, flash
              point less than
              23 degrees C.
              (both entries).
                                       *                  *                  *                  *                  *                  *                  *
             White acid, see
              Hydrofluoric
              acid mixtures.
                                       *                  *                  *                  *                  *                  *                  *
             Zinc bisulfite
              solution, see
              Bisulfites,
              inorganic
              aqueous
              solutions,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             [ADD:]
                                       *                  *                  *                  *                  *                  *                  *
             Anhydrous
              ammonia, see
              Ammonia,
              anhydrous.
                                       *                  *                  *                  *                  *                  *                  *
             Battery, wet,
              filled with
              acid or alkali
              with vehicle or
              mechanical
              equipment
              containing an
              internal
              combustion
              engine, see
              Vehicle, etc.
              or Engines,
              internal
              combustion, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Bromopropanes...         3  UN2344.........  III.........  3...............  T2.........  150........  203........  242........  60 L.......  220 L......  A..........
                                       *                  *                  *                  *                  *                  *                  *
             Calcium
              bisulfite
              solution, see
              Bisulfites,
              aqueous
              solutions,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             Cyclotrimethylen
              etrinitramine
              and
              cyclotetramethy
              lenetetranitram
              ine mixtures,
              wetted or
              desensitized
              see RDX and HMX
              mixtures,
              wetted or
              desensitized
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Dichlorofluorome       2.2  UN1029.........  ............  2.2.............  ...........  306........  304........  314, 315...  75 kg......  150 kg.....  A..........
              thane or
              Refrigerant gas
              R21.
                                       *                  *                  *                  *                  *                  *                  *
             1,2-Dichloro-          2.2  UN1958.........  ............  2.2.............  ...........  306........  304........  314, 315...  75 kg......  150 kg.....  A..........
              1,1,2,2-
              tetrafluoroetha
              ne or
              Refrigerant gas
              R 114.
                                       *                  *                  *                  *                  *                  *                  *
             Dichloropropene
              and propylene
              dichloride
              mixture, see
              1,2-
              Dichloropropane.
                                       *                  *                  *                  *                  *                  *                  *
             Dicycloheptadien
              e, see Bicyclo
              [2,2,1] hepta-
              2,5- diene,
              inhibited.
                                       *                  *                  *                  *                  *                  *                  *
             Etiologic agent,
              see Infectious
              substances, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Fluoric acid,
              see
              Hydrofluoric
              acid, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Fuzes,
              combination,
              percussion and
              time, see
              Fuzes,
              detonating
              (UN0257,
              UN0367); Fuzes,
              igniting
              (UN0317,
              UN0368).
                                       *                  *                  *                  *                  *                  *                  *
             Hexaethyl              6.1  UN1611.........  II..........  6.1.............  N76........  None.......  202........  243........  5 L........  60 L.......  E..........  40
              tetraphosphate,
              liquid.
                                       *                  *                  *                  *                  *                  *                  *
             Igniter fuse,
              metal clad, see
              Fuse, igniter,
              tubular, metal
              clad.
                                       *                  *                  *                  *                  *                  *                  *
             Jet perforators,
              see Charges,
              shaped, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Jet tappers,
              without
              detonator, see
              Charges,
              shaped, etc.

[[Page 58624]]

 
                                       *                  *                  *                  *                  *                  *                  *
             Lacquer base or
              lacquer chips,
              plastic, wet
              with alcohol or
              solvent, see
              Nitrocellulose
              (UN2059,
              UN2555, UN2556,
              UN2557) or
              Paint etc
              (UN1263).
                                       *                  *                  *                  *                  *                  *                  *
             Liquefied
              hydrocarbon
              gas, see
              Hydrocarbon gas
              mixture,
              liquefied,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             Mobility aids,
              see Battery
              powered
              equipment or
              Battery powered
              vehicle'.
                                       *                  *                  *                  *                  *                  *                  *
             Muriatic acid,
              see
              Hydrochloric
              acid.
             Musk xylene, see
              5-tert-Butyl-
              2,4,6-trinitro-
              m-xylene.
                                       *                  *                  *                  *                  *                  *                  *
             Nitrogen
              peroxide, see
              Dinitrogen
              tetroxide.
                                       *                  *                  *                  *                  *                  *                  *
             Nitrogen
              tetroxide, see
              Dinitrogen
              tetroxide.
                                       *                  *                  *                  *                  *                  *                  *
             Nonflammable
              gas, n.o.s.,
              see Compressed
              gas, etc. or
              Liquefied gas,
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Nonliquefied
              hydrocarbon
              gas, see
              Hydrocarbon gas
              mixture,
              compressed,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             2,5-
              Norbornadiene,
              inhibited, see
              Bicyclo [2,2,1]
              hepa-2, 5-
              diene,
              inhibited.
                                       *                  *                  *                  *                  *                  *                  *
             Octogen, see
              cyclotetra
              methylene
              tetranitramine,
              etc.
             Organic peroxide
              type A, liquid
              or solid.
                                       *                  *                  *                  *                  *                  *                  *
             Organic                4.2  UN3313.........  II..........  4.2.............  ...........  None.......  212........  241........  15 kg......  50 kg......  C..........
              pigments, self-
              heating.
             Organic           ........  ...............  III.........  4.2.............  ...........  None.......  213........  241........  25 kg......  100 kg.....  C..........
              pigments, self-
              heating.
                                       *                  *                  *                  *                  *                  *                  *
             Pepper spray,
              see Aerosols,
              etc. or Self-
              defense spray,
              non-pressurized.
                                       *                  *                  *                  *                  *                  *                  *
             Phenylenediamine       6.1  UN1673.........  III.........  6.1.............    .........  153........  213........  240........  100kg......  200kg......  A..........
              s (o-, m-, p-).
                                       *                  *                  *                  *                  *                  *                  *
             Potassium
              bisulfite
              solution, see
              Bisulfites,
              aqueous
              solutions,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             Potassium
              dichloro
              isocyanurate or
              Potassium
              dichloro-s-
              triazinetrione,
              see
              Dichloroisocyan
              uric acid, dry
              or
              Dichloroisocyan
              uric acid salts
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Potassium metal,
              liquid alloy,
              see Alkali
              metal alloys,
              liquid, n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             Pyrethroid               3  UN3350.........  I...........  3,6.1...........  T24,T26....  None.......  201........  243........  Forbidden..  30L........  B..........  40
              pesticide,
              liquid,
              flammable,
              toxic, flash
              point less than
              23 degrees C.
             ................  ........  ...............  II..........  3,6.1...........  T14........  None.......  202........  243........  1 L........  60L........  B..........  40
                                       *                  *                  *                  *                  *                  *                  *
             Pyrethroid             6.1  UN3351.........  I...........  6.1, 3..........  T24, T26...  None.......  201........  243........  1 L........  30 L.......  B..........  40
              pesticide,
              liquid, toxic,
              flammable,
              flash point not
              less than 23
              degrees C.
             ................  ........  ...............  II..........  6.1, 3..........  T14........  None.......  202........  243........  5 L........  60 L.......  B..........  40
             ................  ........  ...............  III.........  6.1, 3..........  T14........  153........  203........  241........  60 L.......  220 L......  B..........  40
                                       *                  *                  *                  *                  *                  *                  *
             RDX, see
              Cyclotrimethyle
              ne
              trinitramine,
              etc.

[[Page 58625]]

 
                                       *                  *                  *                  *                  *                  *                  *
             Self-defense
              spray, aerosol,
              see Aerosols,
              etc.
                                       *                  *                  *                  *                  *                  *                  *
             Shaped charges,
              see Charges,
              shaped, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Signals,
              highway, see
              Signal devices,
              hand.
                                       *                  *                  *                  *                  *                  *                  *
             Sulfuretted
              hydrogen, see
              Hydrogen
              sulfide.
                                       *                  *                  *                  *                  *                  *                  *
             Thiocarbamate          6.1  UN3005.........  I...........  6.1, 3..........  T42........  None.......  201........  243........  1 L........  30 L.......  B..........  40
              pesticide,
              liquid, toxic,
              flammable,
              flash point not
              less than 23
              degrees C.
             ................  ........  ...............  II..........  6.1, 3..........  T14........  None.......  202........  243........  5 L........  60 L.......  B..........  40
             ................  ........  ...............  III.........  6.1, 3..........  T13........  153........  203........  242........  60 L.......  220 L......  A..........  40
                                       *                  *                  *                  *                  *                  *                  *
             TNT mixed with
              aluminum, see
              Tritonal.
                                       *                  *                  *                  *                  *                  *                  *
             Tractors, see
              Vehicle, etc.
                                       *                  *                  *                  *                  *                  *                  *
             Triazine                 3  UN2764.........  I...........  3, 6.1..........  ...........  None.......  201........  243........  Forbidden..  30 L.......  B..........  40
              pesticides,
              liquid,
              flammable,
              toxic, flash
              point less than
              23 degrees C.
             ................  ........  ...............  II..........  3, 6.1..........  ...........  None.......  202........  243........  1 L........  60 L.......  B..........  40
                                       *                  *                  *                  *                  *                  *                  *
             White acid, see
              Hydrofluoric
              acid.
                                       *                  *                  *                  *                  *                  *                  *
             Zinc bisulfite
              solution, see
              Bisulfites,
              aqueous
              solutions,
              n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             [REVISE:]
                                       *                  *                  *                  *                  *                  *                  *
             Detonators, non-      1.4S  UN0455.........  II..........  1.4S............  ...........  63(f),       62.........  None.......  25 kg......  100 kg.....  A..........
              electric, for                                                                             63(g).
              blasting.
                                       *                  *                  *                  *                  *                  *                  *
G..........  Environmentally          9  UN3077.........  III.........  9...............  8, B54, N20  155........  213........  240........  No limit...  No limit...  A..........
              hazardous
              substances,
              solid, n.o.s.
                                       *                  *                  *                  *                  *                  *                  *
             Ethyl chloride..       2.1  UN1037.........  ............  2.1.............  B77........  None.......  322........  314, 315...  Forbidden..  150 kg.....  B..........  40
                                       *                  *                  *                  *                  *                  *                  *
             Ethyl methyl           2.1  UN1039.........  ............  2.1.............  ...........  None.......  201........  314, 315...  Forbidden..  150 kg.....  B.           40
              ether.
                                       *                  *                  *                  *                  *                  *                  *
             Metal catalyst,        4.2  UN2881.........  III.........  4.2.............  N34........  None.......  187........  241........  25 kg......  100 kg.....  C.           ...........
              dry.
                                       *                  *                  *                  *                  *                  *                  *
G..........  Organic peroxide       5.2  UN3103.........  II..........  5.2.............  ...........  152........  225........  None.......  5 L........  10 L.......  D..........  12, 40
              type C, liquid.
                                       *                  *                  *                  *                  *                  *                  *
             Organochlorine         6.1  UN2995.........  III.........  6.1, 3..........  B1, T14....  153........  203........  242........  60 L.......  220 L......  A..........  40
              pesticides,
              liquid, toxic,
              flammable,
              flashpoint not
              less than 23
              degrees C.
                                       *                  *                  *                  *                  *                  *                  *
             1-Pentene (n-            3  UN1108.........  I...........  3...............  T14........  150........  201........  243........  1 L........  30 L.......  E.           ...........
              amylene).
                                       *                  *                  *                  *                  *                  *                  *
             Refrigerating          2.2  UN2857.........  ............  2.2.............  ...........  306, 307...  306........  306, 307...  450kg......  450kg......  A.           ...........
              machines,
              containing non-
              flammable,
              nontoxic,
              liquefied gas
              or ammonia
              solution
              (UN2672).
                                       *                  *                  *                  *                  *                  *                  *
I..........  Sulfur..........       4.1  UN1350.........  III.........  4.1.............  30, T1.....  None.......  None.......  240........  No limit...  No limit...  A..........  19, 74
                                       *                  *                  *                  *                  *                  *                  *
G..........  Toxic liquid,          6.1  UN3289.........  I...........  6.1, 8..........  T42........  None.......  201........  243........  0.5 L......  2.5 L......  A.           ...........
              corrosive,
              inorganic,
              n.o.s.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 58626]]


    21. In Appendix A to Sec. 172.101, in Table 1 to Appendix A, the 
first entries for DDE and 4,4'-DDE are removed and four entries are 
revised 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)
------------------------------------------------------------------------
[REMOVE]:
DDE (first time it appears).............................     5000 (2270)
4,4'-DDE (first time it appears)........................     5000 (2270)
[REVISE]:
*                  *                  *                  *
                  *                  *                  *
K001
Bottom sediment sludge from the treatment of wastewaters       1 (0.454)
 from wood preserving processes that use creosote and/or
 pentachlorophenol......................................
*                  *                  *                  *
                  *                  *                  *
K003
Wastewater treatment sludge from the production of             10 (4.54)
 molybdate orange pigments..............................
*                  *                  *                  *
                  *                  *                  *
K005
Wastewater treatment sludge from the production of             10 (4.54)
 chrome green pigments..................................
*                  *                  *                  *
                  *                  *                  *
K007
Wastewater treatment sludge from the production of iron        10 (4.54)
 blue pigments..........................................
*                    *                  *                  *
                   *                  *                  *
------------------------------------------------------------------------

* * * * *

    22. In Appendix B to Sec. 172.101, in the List of Marine 
Pollutants, revise the heading and add an entry in appropriate 
alphabetical order to read as follows:

Appendix B To Sec. 172.101--List of Marine Pollutants

* * * * *

                        List of Marine Pollutants
------------------------------------------------------------------------
              S.M.P.  (1)                     Marine pollutant  (2)
------------------------------------------------------------------------
                  *        *        *        *        *
PP.....................................  PCBs.
                  *        *        *        *        *
------------------------------------------------------------------------

Sec. 172.102  [Amended]

    23. In Sec. 172.102, in paragraph (c)(2), Special Provision A52 is 
revised; in paragraph (c)(3), in Special Provision B13, paragraph b is 
revised; and in Special Provision B14, the last sentence is removed to 
read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (2) * * *

Code/Special Provisions

* * * * *
    A52  A cylinder containing Oxygen, compressed, may not be loaded 
into a passenger-carrying aircraft or in an inaccessible cargo 
location on a cargo-only aircraft unless it is placed in an overpack 
or outer packaging that conforms to the performance criteria of Air 
Transport Association (ATA) Specification 300 for Category I 
shipping containers.
* * * * *
    (3) * * *

Code/Special Provisions

* * * * *
    B13 * * *
    b. Packagings equivalent to DOT 406 cargo tanks are excepted 
from Secs. 178.345-7(d)(5), circumferential reinforcements; 178.345-
10, pressure relief; 178.345-11, outlets; 178.345-14, marking, and 
178.345-15, certification.

* * * * *


Sec. 172.203  [Amended]

    24. In Sec. 172.203(d)(4), the second sentence is removed.

    25. InSec. 172.310, paragraph (a) is revised to read as follows:


Sec. 172.310  Class 7 (radioactive) materials.

* * * * *
    (a) Each package with a gross mass greater than 50 kilograms (110 
pounds) must have its gross mass marked on the outside of the package.
* * * * *

    26. In Sec. 172.400a, paragraph (a)(7) is revised to read as 
follows:


Sec. 172.400a  Exceptions from labeling.

    (a) * * *
    (7) A package of low specific activity radioactive material and 
surface contaminated objects, when transported under 
Sec. 173.427(a)(6)(vi) of this subchapter.
* * * * *

    27. In Sec. 172.403, paragraph (a) is revised and in paragraph 
(g)(2) the first sentence is revised and the second sentence is removed 
to read as follows:


Sec. 172.403  Class 7 (radioactive) material.

    (a) Unless excepted from labeling by Secs. ** 173.421 through 
173.427 of this subchapter, each package of radioactive material must 
be labeled as provided in this section.
* * * * *
    (g) * * *
    (2) Activity. Activity units must be expressed in appropriate SI 
units (e.g., Becquerels (Bq), Terabecquerels (Tbq), etc.) or in both 
appropriate SI units and appropriate customary units (Curies (Ci), 
MilliCuries (mCi) microCuries (uCi)), etc.). * * *
* * * * *

    28. In Sec. 172.505, paragraph (a) is revised to read as follows:


Sec. 172.505  Placarding for subsidiary hazards.

    (a) Each transport vehicle, freight container, portable tank, unit 
load device, or rail car that contains a poisonous material subject to 
the ``Poison Inhalation Hazard'' shipping description of 
Sec. 172.203(m)(2) must be placarded with a POISON INHALATION HAZARD or 
POISON

[[Page 58627]]

GAS placard, as appropriate, on each side and each end, in addition to 
any other placard required for that material in Sec. 172.504. 
Duplication of the POISON INHALATION HAZARD or POISON GAS placard is 
not required.
* * * * *

    29. In Sec. 172.556, paragraph (a) is revised to read as follows:


Sec. 172.556  RADIOACTIVE placard.

    (a) Except for size and color, the RADIOACTIVE placard must be as 
follows:
[GRAPHIC] [TIFF OMITTED] TR29SE00.001

* * * * *

    30. In Sec. 172.558, paragraph (a) is revised to read as follows:


Sec. 172.558  CORROSIVE placard.

    (a) Except for size and color, the CORROSIVE placard must be as 
follows:

[[Page 58628]]

[GRAPHIC] [TIFF OMITTED] TR29SE00.002

* * * * *

    31. In Sec. 172.604, paragraph (a) introductory text is revised to 
read as follows:


Sec. 172.604  Emergency response telephone number.

    (a) A person who offers a hazardous material for transportation 
must provide an emergency response telephone number, including the area 
code or international access code, for use in the event of an emergency 
involving the hazardous material. The telephone number must be--
* * * * *

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

    32. 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.

    33. In Sec. 173.4, a note is added at the end of paragraph (a)(6) 
to read as follows:


Sec. 173.4  Small quantity exceptions.

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

    Note to Paragraph (a)(6): Each of the tests in this paragraph 
(a)(6) may be performed on a different, but identical, package; 
i.e., all tests need not be performed on the same package.

* * * * *

    34. In Sec. 173.7, paragraph (e) is revised 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. In 
addition, materials owned by the Department of Defense that 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 are 
excepted from the current marking and labeling requirements.

    35. In Sec. 73.12, paragraph (d) is revised to read as follows:

[[Page 58629]]

Sec. 173.12  Exceptions for shipment of waste materials.

* * * * *
    (d) Technical names for n.o.s. descriptions. The requirements for 
the inclusion of technical names for n.o.s. descriptions on shipping 
papers and package markings, Secs. 172.203 and 172.301 of this 
subchapter, respectively, do not apply to packages prepared in 
accordance with paragraph (b) of this section, except that packages 
containing materials meeting the definition of a hazardous substance 
must be described as required in Sec. 172.203 of this subchapter and 
marked as required in Sec. 172.324 of this subchapter.


Sec. 173.27  [Amended]

    36. In Sec. 173.27, in paragraph (b)(4), the wording 
``Sec. 172.402(b)'' is removed and the wording ``Sec. 172.402(c)'' is 
added in its place.

    37. In Sec. 173.31, (b)(6)(ii) is revised to read as follows:


Sec. 173.31  Use of tank cars.

* * * * *
    (b) * * *
    (6) * * *
    (ii) By October 1 of each year, each owner of a tank car subject to 
this paragraph (b)(6) shall submit to the Federal Railroad 
Administration, Hazardous Materials Division, Office of Safety 
Assurance and Compliance, 1120 Vermont Avenue, Mail Stop 25, 
Washington, DC 20590, a progress report that shows the total number of 
in-service tank cars that need head protection, thermal protection, or 
bottom-discontinuity protection; the number of new or different tank 
cars acquired to replace those tank cars required to be upgraded to a 
higher service pressure; and the total number of tank cars modified, 
reassigned, acquired, retired, or removed from service the previous 
year.
* * * * *
    38. In Sec. 173.32, paragraph (a)(1) is revised to read as follows:


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

    (a) * * *
    (1) When a portable tank is used as a cargo tank, it must conform 
to all the requirements prescribed for cargo tanks. (See Sec. 173.33).
* * * * *


Sec. 173.32  [Amended]

    39. In Sec. 173.32, the following changes are made:
    a. In paragraph (a)(3), the wording ``Sec. 178.245-1(c)'' is 
removed and ``Sec. 178.245-1(e)'' is added in its place.
    b. In paragraph (c), the wording ``paragraphs (e)(3) and (4)'' is 
removed and ``paragraph (e)(2)'' is added in its place.

    40. In Sec. 173.34, paragraph (h) is revised to read as follows:


Sec. 173.34  Qualification, maintenance and use of cylinders.

* * * * *
    (h) Repair by welding or brazing of specifications DOT-3A, 3AA, 3B, 
3C, cylinders. Repair of specifications DOT-3A, 3AA, 3B or 3C 
(Secs. 178.36(e), 178.37(e), or 178.38(e) of this subchapter) cylinders 
by welding or brazing authorized, but only for the removal and 
replacement of neckrings and footrings attached to cylinders originally 
manufactured to conform to Secs. 178.36(a), 178.37(a), and 178.38(a) of 
this subchapter. Removal and replacement must be done by a regular 
manufacturer of this type of cylinder. After removal and before 
replacement of such parts, cylinders must be inspected, and defective 
ones rejected. Cylinders, neckrings, footrings, and method of 
replacement must conform to Sec. 178.36(e), Sec. 178.37(e), or 
Sec. 178.38(e) of this subchapter, whichever applies. Replacement must 
be followed by reheat treating, testing, inspection, and supervised and 
reported as prescribed by the specification covering their original 
manufacture. Inspector's reports must conform with that required by the 
specification covering original manufacture with the word ``repaired'' 
substituted for ``manufactured.'' Show original markings and the new 
additional markings added, and statement: ``Cylinders were carefully 
inspected for defects after removal of neckrings and after replacement, 
which replacement was made by process of ________________ (Welding-
brazing).''.
* * * * *


Sec. 173.62  [Amended]

    41. In Sec. 173.62, the following changes are made:
    a. In paragraph (c), Table of Packing Methods, for the entry 137, 
under column 3 ``Intermediate packagings'', the text under ``Not 
necessary'' is transferred to column 4 ``Outer packagings'' under 
``Boxes''.
    b. In paragraph (c), in footnote (1)(e)(iii) following the Table of 
Packing Methods, the wording ``Sec. 176.83 (b)(3)'' is removed and the 
wording ``Sec. 178.83 (b)'' is added in its place.


 173.128  [Amended]

    42. In Sec. 173.128, in paragraph (d)(1)(ii), the wording 
``Sec. 173.225(c)(5)'' is removed and the wording ``Sec. 173.225(c)'' 
is added in its place.
    43. In Sec. 173.132, paragraph (a)(1)(iii)(B) is revised to read as 
follows:


Sec. 173.132  Class 6, Division 6.1--Definitions.

    (a) * * *
    (1) * * *
    (iii) * * *
    (B) A material with a saturated vapor concentration in air at 
20 deg.C (68 deg.F) greater than or equal to one-fifth of the 
LC50 for acute toxicity on inhalation of vapors and with an 
LC50 for acute toxicity on inhalation of vapors of not more 
than 5000 ml/mm\3\; or
* * * * *


Sec. 173.132  [Amended]

    44. In Sec. 173.132, in the formula, in paragraph (c)(3), revise 
``='' to read ``+'' the first time it appears.

    45. In Sec. 173.159, paragraph (a) is revised to read as follows:


Sec. 173.159  Batteries, wet.

    (a) Electric storage batteries, containing electrolyte acid or 
alkaline corrosive battery fluid, must be completely protected so that 
short circuits will be prevented; they may not be packed with other 
materials except as provided in paragraphs (g) and (h) of this section 
and in Secs. 173.220 and 173.222.
* * * * *

    46. In Sec. 173.166, paragraph (d)(3) is revised, to read as 
follows:


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

* * * * *
    (d) * * *
    (3) Shipments for recycling. When offered for domestic 
transportation by highway, rail freight, cargo vessel or cargo aircraft 
only, a serviceable air bag module or seat-belt pretensioner removed 
from a motor vehicle that was 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.
* * * * *


Sec. 173.181  [Amended]

    47. In Sec. 173.181, in paragraph (a)(2), the wording ``, 174.430'' 
is removed.

[[Page 58630]]

Sec. 173.224  [Amended]

    48. In Sec. 173.224, in paragraph (b), in Note 3. Following the 
Self-Reactive Substances table, the wording ``paragraph (c)(4)'' is 
removed and the wording ``paragraph (c)(3)'' is added in its place.


Sec. 173.225  [Amended]

    49. In Sec. 173.225, in paragraph (b), in Note 12. Following the 
Organic Peroxide Table, the wording ``paragraph (c)(4)'' is removed and 
the wording ``paragraph (c)(2)'' is added in its place.


Sec. 173.304  [Amended]

    50. In Sec. 173.304, in paragraph (d)(3)(i), the wording 
``178.54,'' is removed.


Sec. 173.306  [Amended]

    51. In Sec. 173.306, in paragraph (b) introductory text, the 
wording ``Limited quantities of compressed gases, (except poisonous 
gases as defined by Sec. 173.115(a)(3) of this part)'' is removed and 
the wording ``Limited quantities of compressed gases, (except Division 
2.3 gases)'' is added in its place.


Sec. 173.315  [Amended]

    52. In Sec. 173.315, the following changes are made:
    a. In Sec. 173.315, Note 16 following the table in paragraph (a), 
the second sentence in paragraph (i)(4), and paragraph (n)(5)(iii) are 
revised.
    The revisions read as follows:
    b. In paragraph (f), the wording ``paragraph (a)(1)'' is removed 
and the wording ``paragraph (a)'' is added in its place.
    c. In paragraph (o)(3), the wording ``in Sec. 178.337-11(a)(4) of 
this subchapter'' is removed and the wording ``of paragraph (n) of this 
section'' is added in its place.
    The revisions read as follows:


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

    (a) * * *

    Note 16: Openings, inlets, and outlets on MC 330 and MC 331 
cargo tanks must conform to Sec. 178.337-8(a) of this subchapter. MC 
330 and MC 331 cargo tanks must be equipped with emergency discharge 
control equipment as specified in Sec. 178.337-11(a) of this 
subchapter.

* * * * *
    (i) * * *
    (4) * * * The start-to-discharge value must be visible after the 
valve is installed. * * *
* * * * *
    (n) * * *
    (5) * * *
    (iii) No MC 330 or MC 331 cargo tank motor vehicle with a capacity 
over 13,247 liters (3,500 gallons) used in metered delivery service may 
be operated unless it has an appropriate discharge control capability 
as specified in this paragraph (n) no later than July 1, 2003, or the 
date of its first scheduled pressure retest required after July 1, 
2001, whichever is earlier.
* * * * *


Sec. 173.319  [Amended]

    53. In Sec. 173.319, the following changes are made:
    a. In paragraph (c), the wording ``(see paragraph (a)(4)(iii) of 
this section and Sec. 173.31 (c)(13))'' is removed and the wording 
``(see paragraph (a)(4)(iii) of this section)'' is added in its place.
    b. In paragraph (d)(2), in the Pressure Control Valve Setting or 
Relief Valve Setting Table, in the first column, in the last entry, the 
wording ``(see Sec. 173.31(a)(9))'' is removed and the wording ``(see 
Sec. 180.507(a)(3) of this subchapter)'' is added in its place.


Sec. 173.403  [Amended]

    54. In Sec. 173.403, for the definition ``Radioactive instrument 
and article'', the wording ``and'' is removed each place it appears and 
the wording ``or'' is added in its place.


Sec. 173.417  [Amended]

    55. In Sec. 173.417, in paragraph (b)(1), in Table 4 and in 
paragraph (b)(2)(ii), in Table 5, the symbol ``='' is removed and the 
symbol ``'' is added each place it appears.


Sec. 173.425  [Amended]

    56. In Sec. 173.425, in the third entry under ``Gases'' in Table 7, 
the wording ``Other form'' is removed and the wording ``Normal form'' 
is added in its place.


Sec. 173.427  [Amended]

    57. In Sec. 173.427, in paragraph (c)(2)(i), the wording 
``(Secs. 179.200, 179.201, 179.202 of this subchapter)'' is removed and 
the wording ``(Secs. 179.200 and 179.201 of this subchapter)'' is added 
in its place.


Sec. 173.435  [Amended]

    58. In Sec. 173.435, in the table, the following changes are made:
    a. For the entry ``Am-241'', in the column ``Specific activity'' 
under ``(Tbq/g)'', the expression ``1.3  x  10\1\'' is removed and 
``1.3  x  10-\1\'' is added in its place.
    b. For the entry ``Cm-244'', in the column ``Specific activity'' 
under ``(Ci/g)'', the expression ``8.1  x  10\5\'' is removed and ``8.1 
 x  10\1\'' is added in its place.

PART 174--CARRIAGE BY RAIL

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

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


Sec. 174.290  [Amended]

    60. In Sec. 174.290, in paragraph (b)(1), the wording ``See 
Sec. 174.55 (a)(1) through (4) and Sec. 174.600'' is removed and the 
wording ``See Secs. 174.55 and 174.600'' is added in its place.

PART 176--CARRIAGE BY VESSEL

    61. The authority citation for part 176 continues to read as 
follows:

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


Sec. 176.78  [Amended]

    62. In Sec. 176.78, in paragraph (h)(8), the last sentence is 
removed.
    63. In Sec. 176.104, paragraph (g) is revised to read as follows:


Sec. 176.104  Loading and unloading Class 1 (explosive) materials.

* * * * *
    (g) Packages of Division 1.1 and 1.2 materials that are not part of 
a palletized unit must be loaded and unloaded from a vessel using a 
chute, conveyor or a mechanical hoist and a pallet, skipboard, tray or 
pie plate fitted with a cargo net or sideboards.
* * * * *


Sec. 176.166  [Amended]

    64. In Sec. 176.166, in paragraph (a)(2), the wording 
``Sec. 176.143 (b)(2)'' is removed and the wording ``Sec. 176.142 
(b)(2)'' is added in its place.


Sec. 176.410  [Amended]

    65. In Sec. 176.410, in paragraph (a)(5), the wording ``UN 2072'' 
is removed and the wording ``NA 2072'' is added in its place.


Sec. 176.415  [Amended]

    66. In Sec. 176.415, in paragraph (b)(3), the wording ``UN 2072'' 
is removed and the wording ``NA 2072'' is added in its place.


Sec. 176.905  [Amended]

    67. In Sec. 176.905, in paragraph (j), the wording 
``Sec. 173.220(f)'' is removed and the wording ``Sec. 173.220(d)'' is 
added in its place.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    68. The authority citation for part 177 continues to read as 
follows:

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

[[Page 58631]]

Sec. 177.835  [Amended]

    69. In Sec. 177.835, in the first sentence, in paragraph (h), the 
wording ``paragraphs (g), (k), and (m)'' is removed and the wording 
``paragraph (g)'' is added in its place and paragraph (g) is revised to 
read as follows:


Sec. 177.835  Class 1 (explosive) materials.

* * * * *
    (g) No detonator assembly or booster with detonator may be 
transported on the same motor vehicle with any Division 1.1, 1.2 or 1.3 
material (except other detonator assemblies, boosters with detonators 
or detonators), detonating cord Division 1.4 material or Division 1.5 
material. No detonator may be transported on the same motor vehicle 
with any Division 1.1, 1.2 or 1.3 material (except other detonators, 
detonator assemblies or boosters with detonators), detonating cord 
Division 1.4 material or Division 1.5 material unless--
    (1) It is packed in a specification MC 201 (Sec. 178.318 of this 
subchapter) container; or
    (2) The package conforms with requirements prescribed in 
Sec. 173.63 of this subchapter, and its use is restricted to instances 
when--
    (i) There is no Division 1.1, 1.2, 1.3 or 1.5 material loaded on 
the motor vehicle; and
    (ii) A separation of 61 cm (24 inches) is maintained between each 
package of detonators and each package of detonating cord; or
    (3) It is packed and loaded in accordance with a method approved by 
the Department requires that--
    (i) The detonators are in packagings as prescribed in Sec. 173.63 
of this subchapter which in turn are loaded into suitable containers or 
separate compartments; and
    (ii) That both the detonators and the container or compartment meet 
the requirements of the Institute of Makers of Explosives' Safety 
Library Publication No. 22 (incorporated by reference, see Sec. 171.7 
of this subchapter).

    70. In Sec. 177.843, paragraph (c) is revised to read as follows:


Sec. 177.843  Contamination of vehicles.

* * * * *
    (c) In case of fire, accident, breakage, or unusual delay involving 
shipments of Class 7 (radioactive) material, see Secs. 171.15, 171.16 
and 177.854 of this subchapter.

    71. In Sec. 177.854, the introductory text in paragraph (d) is 
revised to read as follows:


Sec. 177.854  Disabled vehicles and broken or leaking packages; 
repairs.

* * * * *
    (d) Transportation of repaired packages. Any package repaired in 
accordance with the requirements of paragraph (c)(1) of this section 
may be transported to the nearest place at which it may safely be 
disposed of only in compliance with the following requirements:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec. 178.37  [Amended]

    73. In Sec. 178.37, in paragraph (g)(4), the wording ``paragraph 
(l)(vi)'' is removed and the wording ``paragraph (g)(6)'' is added in 
its place.

    74. In Sec. 178.44, in paragraph (b), Table 1 is amended by 
revising the entry for Molybdenum to read as follows:


Sec. 178.44  Specification 3HT seamless steel cylinders for aircraft 
use.

* * * * *
    (b) * * *

                     Table 1.--Authorized Materials
------------------------------------------------------------------------
                                                             AISI 4130
                       Designation                           (percent)
------------------------------------------------------------------------
                  *        *        *        *        *
Molybdenum..............................................       0.15/0.25
------------------------------------------------------------------------

* * * * *


Sec. 178.65  [Amended]

    75. In Sec. 178.65, in paragraph (i) (1) introductory text, the 
wording ``Sec. 173.24 (c)(1)(ii) and (iv) of this subchapter and'' is 
removed.

    76. In Sec. 178.337-3, paragraphs (e), (g)(2)(i), and the last 
three sentences in paragraph (g)(2) introductory text are revised to 
read as follows:


Sec. 178.337-3  Structural integrity.

* * * * *
    (e) The minimum metal thickness for the shell and heads must be 
4.75 mm (0.187 inch) for steel and 6.86 mm (0.270 inch) for aluminum, 
except for chlorine and sulfur dioxide tanks. For a cargo tank used in 
chlorine or sulfur dioxide service, the cargo tank must be made of 
steel. A corrosion allowance of 20 percent or 2.54 mm (0.10 inch), 
whichever is less, must be added to the thickness otherwise required 
for sulfur dioxide and chlorine tank material. In chlorine cargo tanks, 
the wall thickness must be at least 1.59 cm (0.625 inch), including 
corrosion allowance.
* * * * *
    (g) * * *
    (2) * * * However, a pad with a minimum thickness of 6.35 mm (0.250 
inch) may be used when the shell or head thickness is over 6.35 mm 
(0.250 inch). If weep holes or tell-tale holes are used, the pad must 
be drilled or punched at its lowest point before it is welded. Each pad 
must:
    (i) Extend at least 5.08 cm (2 inches) in each direction from any 
point of attachment of an appurtenance;
* * * * *


Sec. 178.345-3  [Amended]

    77. In Sec. 178.345-3, in paragraph (f)(3) introductory text, in 
the first sentence, the wording ``paragraphs (g)(1) and (g)(2)'' is 
removed and the wording ``paragraphs (f)(1) and (f)(2)'' is added in 
its place.


Sec. 178.345-10  [Amended]

    78. In Sec. 178.345-10, in paragraph (e) introductory text, the 
wording ``Sec. 178.348-10(d)'' is removed and the wording 
``Sec. 178.348-4'' is added in its place.


Sec. 178.345-13  [Amended]

    79. 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.


Sec. 178.346-1  [Amended]

    80. In Sec. 178.346-1, the following changes are made:
    a. In paragraph (d)(2), the wording ``178.346-3'' is removed and 
the wording ``178.345-3'' is added in its place.
    b. In paragraph (d)(4), the wording ``, 178.346-14, 178.345-15, and 
178.346-15'' is removed and the wording ``and 178.345-15'' is added in 
its place.
    c. In paragraph (d)(6), the wording ``Secs. 178.345-10 and 178.346-
10'' is removed and the wording ``Sec. 178.345-10'' is added in its 
place.
    d. In paragraph (d)(7), the wording ``Secs. 178.345-13 and 178.346-
13'' is removed and the wording ``Sec. 178.345-13'' is added in its 
place.


Sec. 178.347-1  [Amended]

    81. In Sec. 178.347-1, the following changes are made:
    a. In paragraph (d)(2), the wording ``178.347-3'' is removed and 
the wording ``178.345-3'' is added in its place.
    b. In paragraph (d)(4), the wording ``Secs. 178.345-14, 178.347-14, 
178.345-15, and 178.347-15'' is removed and the wording 
``Secs. 178.345-14 and 178.345-15'' is added in its place.
    c. In paragraph (d)(6), the wording ``Secs. 178.345-10 and 178.347-
10'' is

[[Page 58632]]

removed and the wording ``Sec. 178.345-10'' is added in its place.
    d. In paragraph (d)(7), the wording ``Secs. 178.345-13 and 178.347-
13'' is removed and the wording ``Sec. 178.345-13'' is added in its 
place.


Sec. 178.348-1  [Amended]

    82. In Sec. 178.348-1, the following changes are made:
    a. In paragraph (e)(2)(ii) the wording ``Sec. 178.348-3'' is 
removed and the wording ``Sec. 178.345-3'' is added in its place.
    b. In paragraph (e)(2)(iv), the wording ``Secs. 178.345-14, 
178.348-14, 178.345-15, and 178.348-15'' is removed and the wording 
``Secs. 178.345-14 and 178.345-15'' is added in its place.
    c. In paragraph (e)(2)(vi), the wording ``Secs. 178.345-10 and 
178.348-10'' is removed and the wording ``Sec. 178.345-10'' is added in 
its place.
    d. In paragraph (e)(2)(vii), the wording ``Secs. 178.345-13 and 
178.348-13'' is removed and the wording ``Sec. 178.345-13'' is added in 
its place.

    83. In Sec. 178.356-1, the last sentence in paragraph (c) and 
paragraph (d) are revised, and a new paragraph (e) is added to read as 
follows:


Sec. 178.356-1  General requirements.

* * * * *
    (c) * * * Shell closure must conform to paragraph (d) of this 
section.
    (d) Drums over 5 gallons capacity must be closed by means of 12-
gauge bolted ring with drop forged lugs, one of which is threaded, and 
having 3/8 inch bolt and nut for drums not over 30 gallons capacity and 
5/8 inch bolt and nut for drums over 30 gallons capacity. Five gallon 
drums must be of lug type closure with cover having at least 16 lugs.
    (e) Drawings in CAPE-1662, which include bills of material, are a 
part of this specification.

    84. In Sec. 178.606, the third sentence in paragraph (c)(1) is 
revised to read as follows:


Sec. 178.606  Stacking test.

* * * * *
    (c) * * *
    (1) * * * The duration of the test must be 24 hours, except that 
plastic drums, jerricans, and composite packagings 6HH intended for 
liquids shall be subjected to the stacking test for a period of 28 days 
at a temperature of not less than 40 deg.C (104 deg.F). * * *
* * * * *


Sec. 178.703  [Amended]

    85. In Sec. 178.703, in paragraph (a)(1)(i), the wording 
``Sec. 178.503(d)(1)'' is removed and the wording 
``Sec. 178.503(e)(1)'' is added in its place.

PART 179--SPECIFICATIONS FOR TANK CARS

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

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


Sec. 179.100-1  [Amended]

    87. In Sec. 179.100-1, in the section heading, the wording 
``,179.103, and 179.104'' is removed and the wording ``and 179.103'' is 
added in its place.


Sec. 179.100-3  [Amended]

    88. In Sec. 179.100-3, the following changes are made:
    a. In paragraph (a), in the second sentence, the wording 
``Sec. 179.103 or 179.104'' is removed and the wording ``Sec. 179.103'' 
is added in its place.
    b. In paragraph (a), in the third sentence, the wording ``179.101-
1(a) table Note 10'' is removed and the wording ``179.101-1'' is added 
in its place.


Sec. 179.100-9  [Amended]

    89. In Sec. 179.100-9, in paragraph (a), the last sentence is 
removed.


Sec. 179.100-13  [Amended]

    90. In Sec. 179.100-13, in paragraph (e), in the last sentence, the 
wording `` Sec. 179.101-1 (a)'' is removed and the wording `` 
Sec. 179.101-1'' is added in its place.


Sec. 179.102-4  [Amended]

    91. In Sec. 179.102-4, in paragraph (a) introductory text, the 
wording ``paragraph (b)(1) or (b)(2)'' is removed and the wording 
``paragraph (a)(1) or (a)(2)'' is added in its place.


Sec. 179.220-1  [Amended]

    92. In Sec. 179.220-1, in the section heading, the wording ``, 
179.221, and 179.222'' is removed and the wording ``and 179.221'' is 
added in its place.


Sec. 179.301  [Amended]

    93. In Sec. 179.301, in paragraph (a), in the table, under the 
column heading ``DOT Specification'', the entry ``Bursting pressure, 
p.s.i. (see Sec. 179.300-5)'' is revised to read ``Minimum required 
bursting pressure, p.s.i.''.


Sec. 179.400-6  [Amended]

    94. In Sec. 179.400-6, in paragraph (b), the wording `` 
Sec. 179.400-7(d)'' is removed and the wording `` Sec. 179.400-8(d)'' 
is added in its place.


Sec. 179.401-1  [Amended]

    95. In Sec. 179.401-1, in the table, in the first column, in the 
eighth entry, the wording ``(see Sec. 179.400-7 (a), (b), and (c))'' is 
removed and the wording ``(see Sec. 179.400-8(a) , (b), and (c))'' is 
added in its place.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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


Sec. 180.352   [Amended]

    97. In Sec. 180.352, in paragraph (b)(3)(ii), the wording 
``Sec. 178.705(c)(1)(iv)(A)'' is removed and the wording 
``Sec. 178.705(c)(1)(iv)'' is added in its place.


Sec. 180.405   [Amended]

    98. In Sec. 180.405, the following changes are made:
    a. In paragraph (c)(2)(i), the wording ``(see Secs. 178.346-10 and 
178.346-11'' is removed and the wording ``(See Secs. 178.346-3 and 
178.346-4'' is added in its place.
    b. In paragraph (c)(2)(ii), the wording ``(Secs. 178.346-10 and 
178.346-11'' is removed and the wording ``(See Secs. 178.346-3 and 
178.346-4'' is added in its place.
    c. In paragraph (c)(2)(iii), the wording ``(See Secs. 178.347-10 
and 178.347-11'' is removed and the wording ``(See Secs. 178.347-4 and 
178.345-11'' is added in its place.
    d. In paragraph (c)(2)(iv), the wording ``(See Secs. 178.347-10 
and178.347-11'' is removed and the wording ``(See Secs. 178.347-4 and 
178.345-11'' is added in its place.
    e. In paragraph (c)(2)(v), the wording ``(See Secs. 178.348-10 and 
178.348-11'' is removed and the wording ``(See Secs. 178.348-4 and 
178.345-11'' is added in its place.
    f. In paragraph (c)(2)(vi), the wording ``(See Secs. 178.348-10 and 
178.348-11'' is removed and the wording ``(See Secs. 178.348-4 and 
178.345-11'' is added in its place.

    99. In Sec. 180.407, the last sentence in paragraph (h)(4) is 
revised to read as follows:


Sec. 180.407   Requirements for test and inspection of specification 
cargo tanks.

* * * * *
    (h) * * *
    (4) * * * In addition to a written record of the inspection 
prepared in accordance with Sec. 180.417(b), the Registered Inspector 
conducting the test must note the hose identification number, the date 
of the test, and the condition of the hose assembly and piping system 
tested.
* * * * *

[[Page 58633]]

Sec. 180.519   [Amended]

    100. In Sec. 180.519, the following changes are made:
    a. In paragraph (b)(1), in the first sentence, the wording ``, 
except as provided in paragraph (b)(8) of this section,'' is removed.
    b. In paragraph (c), in the first sentence, the wording 
``(Secs. 179.300, 179.301, 179.302 of this subchapter)'' is removed and 
the wording ``(Secs. 179.300 and 179.301 of this subchapter)'' is added 
in its place.

    Issued in Washington, DC, on September 20, 2000 under authority 
delegated in 49 CFR part 1.
John P. Murray,
Acting Deputy Administrator, Research and Special Programs 
Administration.
[FR Doc. 00-24633 Filed 9-28-00; 8:45 am]
BILLING CODE 4910-60-P