[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 61006-61016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22817]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 105, 107, 130, 171, 172, 173, 175, 176, 177, 178, 179 
and 180

[Docket No. RSPA-02-12524 (HM-189T)]
RIN 2137-AD72


Hazardous Materials Regulations: Minor Editorial Corrections and 
Clarifications

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

ACTION: Final rule.

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

DATES: Effective date: September 27, 2002. Incorporation by reference 
date: The incorporation by reference of certain publications listed in 
these amendments is approved by the Director of the Federal Register as 
of September 27, 2002.

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

SUPPLEMENTARY INFORMATION:

I. Background

    RSPA (we, us) annually reviews the Hazardous Materials Regulations 
(HMR; 49 CFR Parts 171-180) to identify errors that may confuse 
readers. Inaccuracies corrected in this final rule include 
typographical and printing errors, incorrect references to other rules 
and regulations in the CFR, inconsistent use of terminology, and 
misstatements of certain regulatory requirements. In addition, we are 
making certain other changes to improve the clarity of certain HMR 
requirements.
    Because these amendments do not impose new requirements, notice and 
public procedure are unnecessary. In addition, making these amendments 
effective without the customary 30-day delay following publication will 
allow the changes to appear in the next revision of 49 CFR.
    The following is a section-by-section summary of the major 
amendments made under this final rule. It does not discuss all minor 
editorial corrections (e.g., typographical, capitalization and 
punctuation errors), changes to legal authority citations, and certain 
other minor adjustments to enhance the clarity of the HMR.

II. Summary of Regulatory Changes

Part 105, Subpart B, Table of Contents

    We adopted Part 105 containing general procedures on how to obtain 
various hazardous material-related public documents in a final rule 
published on June 25, 2002 (Docket No. RSPA-98-3974, 67 FR 42948). In 
this final rule, we are correcting the table of contents' heading for 
Sec.  105.15 for consistency with the heading appearing in that 
section.

[[Page 61007]]

Section 105.25

    We are revising the first sentence in paragraph (a)(2) to reflect a 
reference point by exemption number instead of by a cut-off date for 
locations where exemption documents are available for public review. 
Also we are removing paragraph (b) and redesignating paragraph (c) as 
paragraph (b). We are making this amendment because the lower numbered 
exemption documents are being relocated from the Hazardous Materials 
Records Center to the Office of Hazardous Materials Exemptions and 
Approvals. The new location for these documents is identified in new 
paragraph (b)(2)(iv).

Sections 107.105, 107.107 and 107.109

    We are revising Sec. Sec.  107.105(a)(1), 107.107(b)(1) and 
107.109(a)(1) to permit a person applying for an exemption, party-to 
status to an application or existing exemption, or an exemption renewal 
to submit the application to us by facsimile or electronic mail. This 
change will expedite the transmission of documents and reduce the costs 
associated with the handling and mailing of paper copies.

Section 107.117

    We are revising paragraph (d)(3) to reflect the new title, address, 
and daytime telephone number of the contact person at the Federal Motor 
Carrier Safety Administration. We are revising the night telephone 
number in paragraphs (d)(3), (d)(4), and (d)(5) to reflect a toll-free 
night number managed by the National Response Center. Also, we are 
revising paragraph (d)(4) to replace an obsolete daytime telephone 
number.

Section 107.127

    We are revising paragraph (a) to change the office name and room 
number where persons may view certain public documents.

Sections 107.305 and 107.321

    We are revising these sections to correct outdated references to 
former Sec.  107.13. This section was removed under Docket No. RSPA-98-
3974.

Sections 107.402 and 107.502

    We are revising these sections to permit a person filing for 
designation as an approval or certification agency, or filing a 
registration statement, to submit the application to us by facsimile or 
electronic mail. This change will expedite the transmission of 
documents and reduce the costs inherent with the handling and mailing 
of paper copies.

Section 107.705

    We are revising paragraph (a)(1) of this section to permit a person 
filing an approval application to submit it to us by facsimile or 
electronic mail. This change will expedite the transmission of 
documents and reduce the costs inherent with the handling and mailing 
of paper copies.

Part 107

    In addition, we are revising several sections in Part 107 to 
correct outdated references to former Sec. Sec.  107.5 and 107.7. These 
sections were removed under Docket No. RSPA-98-3974.

Section 130.5

    We are revising the Note following the definition of ``Liquid'' to 
add a zip code and change the office name and room number where persons 
may view certain public documents.

Section 171.6

    We are revising the table in paragraph (b)(2) to update the 
affected sections for OMB control numbers 2137-0018 and 2137-0051.

Section 171.7

    We are revising paragraph (a)(2)(i) to change the office name and 
room number where persons may view certain public documents.
    In paragraph (a)(3), we are updating the incorporation by reference 
of the American National Standards Institute, Inc.''s (ANSI) 
publication, ``Standard for Packaging of Uranium Hexafluoride for 
Transport,'' to include the 1995 and 2001 editions. Current Sec.  
173.420 of the HMR permits uranium hexafluoride to be transported in 
packagings designed, fabricated, inspected, tested and marked according 
to the ANSI N14.1 1990, 1987, 1982, or 1971 edition in effect at the 
time the packaging was manufactured. The 1995 edition discontinues a 
marking requirement in the 1990 edition that the American Society of 
Mechanical Engineers (ASME) Boiler and Pressure Vessel Code be stamped 
on 1S and 2S uranium hexafluoride cylinders. The 2001 edition corrects 
an inconsistency concerning the package marking size on the 30B and 48-
inch uranium hexafluoride cylinders. We are also revising the entry to 
correct the address for ANSI.
    Under ``American Society of Mechanical Engineers'' (ASME), we are 
revising the entry to correct the address for ASME.
    Under ``American Society for Testing and Materials,'' the title of 
the entry ``ASTM B 580-79'' is revised to correctly state the 
specifications are for ``anodic'' oxide coatings on aluminum, and the 
standard was re-approved in 2000.
    Under ``International Atomic Energy Agency'' (IAEA), we are 
correcting the format of the address for IAEA and the title for 
``Safety Series No. 6'' by revising the word ``Materials'' to read 
``Material'' and removing the wording ``Including 1985 Edition 
(Supplemented 1986 and 1988).'' The safety series was amended in 1990. 
We are also correcting the entry for the ``IAEA Regulations for the 
Safe Transport of Radioactive Material,'' and the addresses where 
copies of this document may be obtained.
    Under ``International Organization for Standardization'' (ISO), we 
are correcting the addresses where copies of the ISO documents may be 
obtained.

Section 171.8

    We are making minor editorial corrections to the definitions for 
the acronyms ``Psi'', ``Psia'', and ``Psig'.

Section 171.12

    We are updating paragraph (d) to remove the dates following the 
references to the two IAEA standards because the applicable editions 
are listed in Sec.  171.7.

Section 172.101

    We are adding a new paragraph (j)(5). Paragraph (j) explains how to 
apply the quantity limitations in Columns 9A and 9B of the Hazardous 
Materials Table (HMT) for hazardous materials intended for 
transportation by aircraft or passenger rail car. The new paragraph 
(j)(5) alerts persons to the additional general requirements in Sec.  
173.24a(c)(1)(iv) that prescribe total net quantity limitations for 
outer non-bulk packagings containing more than one hazardous material 
when offered for transportation by aircraft.
    In Column 2 of the HMT, the entry ``Octafluorocyclobutane or 
Refrigerant gas'' is revised to correct the ``RC'' number to ``318''.
    In Column 6 of the HMT, the compatibility group letter ``C'' is 
added to the label code to read ``1.2C'' for the entry ``Rockets, with 
inert head,'' UN 0502. This letter was omitted in error when the entry 
was added to the HMT in a final rule published on April 3, 2002, under 
Docket No. RSPA-2000-7702 (HM-215D) (67 FR 15736).
    In Column 7 of the HMT, Special provision 25 containing an expired 
compliance date is removed in each shipping description entry it 
appears.
    In Column 10B of the HMT, the entry ``Polymeric beads, expandable 
evolving flammable vapor'', is corrected by

[[Page 61008]]

adding ``85, 87.'' These numbers were removed in error in a final rule 
published on April 3, 2002, under Docket No. RSPA-2000-7702 (HM-215D) 
(67 FR 15736).

Section 172.102

    In paragraph (c)(1), Special provision 25 containing an expired 
compliance date is removed. Paragraph (c)(4) is revised to clarify that 
the letter ``Z'' shown in the marking code in Table 1 for composite 
intermediate bulk containers (IBCs) must be replaced with the IBC code 
letter as designated in Sec.  178.707(a)(2) and listed in Sec.  
178.702(a)(2).

Section 172.203

    In paragraph (k), the technical name ``Caprylyl chloride'' is 
revised to read ``Octanoyl chloride'' because it is a more-recognized 
synonym for the material.

Sections 172.407

    We are revising paragraph (d)(4)(ii) to change the office name and 
room number where persons may view certain public documents.

Section 173.4

    In paragraph (a)(1)(ii), we are removing the wording, other than 
Division 6.1, Packing Group I, ``Hazard Zone A or B'' to clarify that 
hazard zones do not apply to solids. See the definition for ``Hazard 
Zone'' in Sec.  171.8.

Section 173.10

    In paragraph (e), Note 2, we are replacing the word ``injury'' with 
the word ``damage'' for clarity.

Section 173.21

    In paragraph (k), we are removing an obsolete reference to Sec.  
175.10(a)(24) that was removed in a final rule published on August 19, 
1999, under Docket No. HM-224A (64 FR 45388).

Section 173.54

    In paragraph (f), we are revising the reference to ``14 CFR 
108.11'' to read ``49 CFR 1544.219''. Part 108 of 14 CFR was removed in 
a final rule published on February 22, 2002 (67 FR 8340) and issued 
jointly by the Federal Aviation Administration (FAA) and Transportation 
Security Administration. The requirements in former 14 CFR 108.11 were 
revised and placed in new section 49 CFR 1544.219.

Section 173.115

    In paragraph (j), we are correcting the reference to ``Sec.  
173.315(a)(1)'' to read ``Sec.  173.315(a)'.

Section 173.150

    In paragraph (e)(1), we are removing the semicolon and the word 
``and'' at the end of the sentence and adding a period. The provisions 
in paragraphs (e)(1) and (e)(2) are independently mutual.

Section 173.225

    In paragraph (b)(3), we are adding a sentence at the end of the 
paragraph to alert shippers of organic peroxides that qualify for more 
than one generic listing, depending on concentration, of a requirement 
in Sec.  172.203. Section 172.203(k), introductory text, requires on 
the shipping paper, as part of the technical name, the actual 
concentration of the organic peroxide being shipped or the 
concentration range for its appropriate generic listing.

Section 173.247

    We are revising the section heading to clarify that elevated 
temperature materials in other than Class 9 (miscellaneous) and Class 3 
(flammable liquid) are referred to this section by the HMT.

Section 173.305

    In paragraph (c)(1), we are replacing the word ``injury'' with the 
word ``damage'' for clarity.

Section 173.315

    The second sentence in paragraph (i)(1)(iv) referencing the Bureau 
of Explosives is removed. In paragraph (j)(3), we are replacing the 
word ``injury'' with the word ``damage'' for clarity.

Section 173.320

    In paragraph (c), the reference to ``P202'' in the International 
Civil Aviation Organization's Technical Instructions for the Safe 
Transport of Dangerous Goods is corrected to read ``202''.

Section 173.334

    In paragraph (f), we are replacing the word ``injury'' with the 
word ``damage'' for clarity.

Section 173.337

    In paragraphs (a) and (b), we are replacing the word ``injury'' 
with the word ``damage'' for clarity.

Section 173.420

    We are updating paragraph (a)(2)(i) to provide for uranium 
hexafluoride packagings fabricated to the latest ANSI standards, as 
stated earlier in the preamble discussion to Sec.  171.7.

Section 173.471, 173.472, 173.473 and 173.476

    We are revising these sections to permit a person filing an 
application for a competent authority approval covered by these 
sections, or requesting to register as a user of a competent authority 
certificate, to submit the application or request to us by facsimile or 
electronic mail. This change will expedite the transmission of 
documents and reduce the costs inherent with the handling and mailing 
of paper copies.

Section 175.10

    In paragraph (a)(5), the reference to ``14 CFR 108.11(a) and (b)'' 
is revised to read ``49 CFR 1544.219'', as stated earlier in the 
preamble discussion to Sec.  173.54.

Section 175.320

    In paragraph (b)(5), we are removing the reference to 14 CFR part 
127 and adding a reference to 14 CFR part 133. FAA removed part 127 in 
a final rule published December 20, 1995 (60 FR 65832). In the preamble 
discussion of that rule, FAA stated that all rotorcraft operators 
regardless of size must comply with Part 133 and external-load 
operators must comply with Part 135, which is already referenced in the 
section. (60 FR 65882.)

Section 176.2

    In the definition for ``INF cargo,'' we are removing the wording 
``2000 edition'' following the reference to the International Maritime 
Dangerous Goods (IMDG) Code because it is the only edition incorporated 
by reference in Sec.  171.7.

Section 176.128.

    Paragraph (c) is revised editorially for clarity.

Section 176.340

    In paragraph (b)(9), the wording ``Sec.  173.32(e)(2), (3), and 
(4)'' is corrected to read ``Sec.  180.605''. The portable tank 
requirements in former Sec.  173.32(e)(2), (3), and (4) were revised 
and moved to Sec.  180.605 in a final rule published on June 21, 2001, 
under Docket No. RSPA-2000-7702 (HM-215D) (66 FR 33316).
    In paragraph (b)(10), the wording ``paragraphs (g), (h), (i), and 
(k) of Sec.  173.32'' is corrected to read ``Sec.  180.605(b) and 
(j)''. These revisions were also made in the HM-215D final rule.

Section 177.840

    We are revising paragraph (l) to clarify that this requirement 
applies only to cargo tank motor vehicles equipped with emergency 
discharge control

[[Page 61009]]

equipment in conformance with Sec.  173.315(n). We adopted paragraph 
(l) in a final rule published under Docket No. RSPA-97-2718 (HM-225A, 
May 24, 1999; 64 FR 28030). The HM-225A final rule requires cargo tanks 
transporting certain liquefied compressed gases to be equipped with 
emergency discharge control equipment that will operate in the event of 
an accident or emergency during the unloading process. The emergency 
discharge control requirement is specified in Sec.  173.315(n) of the 
HMR. The table in Sec.  173.315(n)(1) specifies that Division 2.2 
materials with no subsidiary hazard (excluding anhydrous ammonia) are 
not required to have an emergency discharge control capability. Section 
177.840(l) was intended to apply to cargo tank motor vehicles equipped 
with emergency discharge control equipment in conformance with Sec.  
173.315(n). As currently written, however, paragraph (l) appears to 
apply to all cargo tank motor vehicles transporting any liquefied 
compressed gas.

Section 178.3

    In paragraphs (b) introductory text and (b)(1), we are removing the 
reference to ``Annex 1'' of the IMDG Code because it is included in the 
edition incorporated by reference in Sec.  171.7.

Section 178.51

    In paragraph (f)(1)(i), the reference to ``table I'' is corrected 
to read ``table 1''.

Section 178.58

    Paragraph (k)(2)(ii) is revised editorially for clarity.

Section 178.61

    In paragraph (b)(1), the reference ``table I'' is corrected to read 
``table 1''. In paragraph (b)(2), the reference to ``paragraph (f)(1)'' 
is corrected to read ``paragraph (f)(4)'.

Section 178.270-11

    In paragraph (d)(3), the reference to ``Sec.  173.32a of this 
subchapter'' is revised to read ``Sec.  178.273(b)(7)''. The 
requirements in former Sec.  173.32a concerning the application for 
approval of specification IM portable tanks were revised and moved to 
Sec.  178.273(b)(7) in the final rule published on June 21, 2001, under 
Docket No. RSPA-2000-7702 (HM-215D) (66 FR 33316).

Section 178.273

    In paragraph (b)(8)(ii), the reference to ``Sec.  180.605 of this 
subchapter'' is revised to correctly reference the initial inspection 
and test requirements for portable tanks in Sec.  178.274(j).

Section 178.354-3

    The example in paragraph (a) referring to DOT 6C and 17C packagings 
is removed.

Section 178.362-1

    In paragraph (b)(6), the maximum gross weight, in kilograms, of the 
jacket for a DOT 20WC-6 cylinder is corrected to read 2730 kilograms 
(6,000 pounds).

Section 178.503

    In paragraph (e)(3), in the last sentence, the parenthetical text 
``(as in Sec.  178.503 (c)(1), (2), (3), (4), and (5))'' is revised to 
read ``(as in Sec.  178.503(c)(1))''. The requirements in paragraphs 
(c)(1) through (c)(5) were combined into paragraph (c)(1) in a final 
rule published on December 29, 1994, under Docket No. HM-215A (59 FR 
67390).

Section 178.603

    We are revising the introductory text to paragraph (e) to clarify a 
provision stated in Sec.  178.601(a), that the test procedures 
described in 49 CFR Subpart M are minimum requirements. When the final 
rule incorporating the performance test requirements was published on 
December 21, 1990, under Docket Nos. HM-181, HM-181A, HM-181B, HM-181C, 
HM-181D, and HM-204 (55 FR 52402), RSPA accepted as a given that 
packagings capable of passing these tests would also survive normal 
transportation conditions. Therefore, RSPA expects that a package that 
has been successfully drop tested at a height higher than is prescribed 
for its packing group need not be retested at the minimum drop height 
to be marked to its packing group performance level. However, for the 
test to be valid, each package must strike its intended target in the 
proper orientation prescribed in Sec.  178.603(a), and pass the other 
prescribed design type tests for which it is certified and marked.

Section 178.707

    We are revising paragraph (a) and removing paragraphs (a)(1) and 
(a)(2) to clarify that the letter ``Z'' appearing in the marking code 
for composite IBCs in this section must be replaced by a letter 
representing the material used for the outer packaging.

Section 179.201-2

    We are revising the table in paragraph (a) to correct a printing 
error and to display the numerical reference to the footnote in the 
table and following the table in a more distinguishable manner.

Section 179.500-10

    In paragraph (a), we are replacing the word ``injury'' with the 
word ``damage'' for clarity.

Section 180.417

    In paragraph (c)(2), the reference ``Director, Regional Office of 
Motor Carrier Safety, Federal Highway Administration'' is revised to 
read ``Field Administrator, Regional Service Center, Federal Motor 
Carrier Safety Administration.''

III. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). 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 in Executive Order 13132 (``Federalism''). This final rule 
does not propose any regulation that: (1) 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; (2) imposes substantial direct 
compliance costs on State and local governments; or (3) preempts state 
law.
    RSPA is not aware of any State, local, or Indian tribe requirements 
that would be preempted by correcting editorial errors and making minor 
regulatory changes. This final rule does not have sufficient federalism 
impacts to warrant the preparation of a federalism assessment.

C. Executive Order 13175

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this rule does 
not have tribal implications and does not impose substantial direct 
compliance costs, the funding and consultation requirements of 
Executive Order 13175 do not apply.

[[Page 61010]]

D. Regulatory Flexibility Act

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

E. Unfunded Mandates Reform Act of 1995

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

F. Paperwork Reduction Act

    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.

List of Subjects

49 CFR Part 105

    Administrative practice and procedure, Hazardous materials 
transportation.

49 CFR Part 107

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

49 CFR Part 130

    Oil, Response Plans, Reporting and recordkeeping requirements, 
Transportation.

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, 
Incorporation by reference, Labeling, Markings, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 177

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

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
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 vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.

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

PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL 
PROCEDURES

    1. The authority citation for part 105 continues to read as 
follows:

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


    2. Amend Part 105, in the table of contents under Subpart B by 
revising the heading for Sec.  105.15 to read as follows:
* * * * *
Subpart B--General Procedures
105.15 Defined terms used in this subpart.
* * * * *

    3. Amend Sec.  105.25 by:
    a. revising the first sentence in paragraph (a)(2);
    b. removing paragraph (b) and redesignating paragraph (c) as 
paragraph (b);
    c. redesignating newly redesignated paragraph (b)(2)(iv) as 
paragraph (b)(2)(v); and
    d. adding a new paragraph (b)(2)(iv).
    The revisions and additions read as follows:


Sec.  105.25  Reviewing public documents.

* * * * *
    (a) * * *
    (2) Applications for exemption numbered DOT-E 11832 and above. * * 
*
* * * * *
    (b) * * *
    (2) * * *
    (iv) Applications for exemptions numbered below DOT-E 11832 and 
related background information are available for public review and 
copying at the Office of Hazardous Materials Safety, Office of 
Hazardous Materials Exemptions and Approvals, U.S. Department of 
Transportation, Room 8100, 400 7th Street, SW., Washington, DC 20590-
0001.
* * * * *

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

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

    5. Amend Sec.  107.105 by revising paragraph (a)(1) to read as 
follows:


Sec.  107.105  Application for exemption.

    (a) * * *
    (1) Be submitted for timely consideration, at least 120 days before 
the requested effective date, in duplicate to: Associate Administrator 
for Hazardous Materials Safety (Attention: Exemptions, DHM-31), 
Research and Special Programs Administration, U.S. Department of 
Transportation, 400 7th Street, SW., Washington, DC 20590-0001. 
Alternatively, the application with any attached supporting 
documentation submitted in an appropriate format may be sent by 
facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic 
mail (e-mail) to: [email protected];
* * * * *

    6. Amend Sec.  107.107 by revising paragraph (b)(1) to read as 
follows:


Sec.  107.107  Application for party status.

* * * * *
    (b) * * *
    (1) Be submitted in duplicate to: Associate Administrator for 
Hazardous

[[Page 61011]]

Materials Safety (Attention: Exemptions, DHM-31), Research and Special 
Programs Administration, U.S. Department of Transportation, 400 7th 
Street, SW, Washington, DC 20590-0001. Alternatively, the application 
with any attached supporting documentation submitted in an appropriate 
format may be sent by facsimile (fax) to: (202) 366-3753 or (202) 366-
3308 or by electronic mail (e-mail) to: [email protected];
* * * * *
    7. Amend Sec.  107.109 by revising paragraph (a)(1) to read as 
follows:


Sec.  107.109  Application for renewal.

    (a) * * *
    (1) Be submitted in duplicate to: Associate Administrator for 
Hazardous Materials Safety (Attention: Exemptions, DHM-31), Research 
and Special Programs Administration, U.S. Department of Transportation, 
400 7th Street, SW, Washington, DC 20590-0001. Alternatively, the 
application with any attached supporting documentation submitted in an 
appropriate format may be sent by facsimile (fax) to: (202) 366-3753 or 
(202) 366-3308 or by electronic mail (e-mail) to: 
[email protected];
* * * * *

    8. Amend Sec.  107.117, by revising paragraphs (d)(3), (d)(4), and 
(d)(5) to read as follows:


Sec.  107.117  Emergency processing.

* * * * *
    (d) * * *
    (3) Motor Vehicle Transportation: Chief, Hazardous Materials 
Division, Federal Motor Carrier Safety Administration, U.S. Department 
of Transportation, Washington, DC 20590-0001, 202-366-6121 (day); 1-
800-424-8802 (night).
    (4) Rail Transportation: Staff Director, Hazardous Materials 
Division, Office of Safety Assurance and Compliance, Federal Railroad 
Administration, U.S. Department of Transportation, Washington, DC 
20590-0001, 202-493-6248 or 202-493-6244 (day); 1-800-424-8802 (night).
    (5) Water Transportation: Chief, Hazardous Materials Standards 
Division, Office of Operating and Environmental Standards, United 
States Coast Guard, U.S. Department of Transportation, Washington, DC 
20593-0001, 202-267-1577 (day); 1-800-424-8802 (night).
* * * * *


Sec.  107.127  [Amended]

    9. In Sec.  107.127(a), in the first sentence, the following 
amendments are made:
    a. The wording ``RSPA Records Center'' is removed and the wording 
``Office of Hazardous Materials Exemptions and Approvals'' is added in 
its place.
    b. The wording ``Room 8421'' is removed and the wording ``Room 
8100'' is added in its place.


Sec.  107.305  [Amended]

    10. Amend Sec.  107.305 by:
    a. In paragraph (a), removing the reference ``Sec.  107.13'' and 
adding the reference ``Sec.  105.45'' in its place.
    b. In paragraph (b)(4), removing the reference ``Sec.  107.13(c) 
and (d)'' and adding the reference ``Sec.  105.50'' in its place.
    c. In paragraph (b)(4), removing the reference ``Sec.  107.13(h)'' 
and adding the reference ``Sec.  105.55(a)'' in its place.
    d. In paragraph (b)(4), removing the reference ``Sec.  107.13(i)'' 
and adding the reference ``Sec.  105.55(b)'' in its place.


Sec.  107.321  [Amended]

    11. Amend Sec.  107.321(b)(2) by removing the reference ``Sec.  
107.13'' and adding the reference ``Sec.  105.45'' in its place.

    12. Amend Sec.  107.402 by removing the first sentence in paragraph 
(a) and adding two sentences in its place to read as follows:


Sec.  107.402  Application for designation as an approval or 
certification agency.

    (a) Any organization or person seeking designation as an approval 
or certification agency shall apply in writing to the Associate 
Administrator for Hazardous Materials Safety (DHM-32), Department of 
Transportation, 400 Seventh Street, SW., Washington DC 20590-0001. 
Alternatively, the application with any attached supporting 
documentation in an appropriate format may be submitted by facsimile 
(fax) to: (202) 366-3753 or (202) 366-3308 or by electronic mail (e-
mail) to: [email protected]. * * *
* * * * *

    13. Amend Sec.  107.502 by revising paragraph (d) to read as 
follows:


Sec.  107.502  General registration requirements.

* * * * *
    (d) Registration statements must be in English, contain all of the 
information required by this subpart, and be submitted to: Approvals 
Branch (Attn.: DHM-32), Associate Administrator for Hazardous Materials 
Safety, Research and Special Programs Administration, Department of 
Transportation, Washington, DC 20590-0001. Alternatively, a statement 
with any attached supporting documentation in an appropriate format may 
be submitted by facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or 
by electronic mail (e-mail) to: [email protected].


Sec.  107.601  [Amended]

    14. Amend Sec.  107.601(a)(2) by removing the wording ``Division 
1.1,1.2.or 1.3'' and adding the wording ``Division 1.1, 1.2, or 1.3'' 
in its place.

    15. Amend Sec.  107.705 by revising paragraph (a)(1) to read as 
follows:


Sec.  107.705  Registrations, reports, and applications for approval.

    (a) * * *
    (1) File the registration, report, or application with the 
Associate Administrator for Hazardous Materials Safety (Attention: 
Approvals, DHM-32), Research and Special Programs Administration, U.S. 
Department of Transportation, 400 7th Street, SW., Washington, DC 
20590-0001. Alternatively, the document with any attached supporting 
documentation in an appropriate format may be filed by facsimile (fax) 
to: (202) 366-3753 or (202) 366-3308 or by electronic mail (e-mail) to: 
[email protected].

PART 107 [Amended]

    16. Amend 49 CFR Part 107 by removing the reference ``Sec.  107.5'' 
and adding ``Sec.  105.30'' each place it appears in the following 
sections:
    a. 107.105(b)
    b. 107.111
    c. 107.127(b)
    d. 107.705(d)
    e. 107.711

    17. Amend 49 CFR Part 107 by removing the reference ``Sec.  107.7'' 
and adding ``Sec.  105.40'' each place it appears in the following 
sections:
    a. 107.105(a)(3)
    b. 107.107(b)(4)
    c. 107.402(b)(1)
    d. 107.503(a)(7)
    e. 107.608(e)
    f. 107.705(a)(5)

PART 130--OIL SPILL PREVENTION AND RESPONSE PLANS

    18. The authority citation for part 130 continues to read as 
follows:

    Authority: 33 U.S.C. 1321.

    19. Amend Sec.  130.5, by revising the last sentence of the Note 
following the definition of ``Liquid'' to read as follows:


Sec.  130.5  Definitions.

* * * * *

Liquid * * *

    Note: * * * Copies may be inspected at the Office of Hazardous 
Materials Safety, Office

[[Page 61012]]

of Hazardous Materials Standards, Room 8422, DOT headquarters 
building, 400 7th St., SW, Washington, DC 20590, or at the Office of 
the Federal Register, 800 North Capitol St., NW, Room 700, 
Washington, DC 20002.

* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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


Sec.  171.6  [Amended]

    21. Amend Sec.  171.6 (b)(2) by:
    a. In the entry for Current OMB control No. ``2137-0018'', in 
column 3, removing the commas and section citations ``173.32a, 
173.32b,'' and adding the section citations ``178.273, 178.274'' and 
``180.605'' in numerical order.
    b. In the entry for Current OMB control No. ``2137-0051'', in 
column 3, removing the commas and section citations ``106.31, 106.35, 
106.38, 107.5, 107.7,'' and adding the section citations ``105.30, 
105.40'' and ``106.95, 106.110'' in numerical order.

    22. Amend Sec.  171.7 by:
    a. Revising paragraph (a)(2)(i).
    b. In the table in paragraph (a)(3), under ``American National 
Standards Institute, Inc.'', revising the address and the entry ANSI 
N14.1.
    c. In the table in paragraph (a)(3), under ``American Society of 
Mechanical Engineers'', revising the address.
    d. In the table in paragraph (a)(3), under ``American Society for 
Testing and Materials'', revising the entry ASTM B 580-79.
    e. In the table in paragraph (a)(3), revising the entry for the 
``International Atomic Energy Agency''.
    f. In the table in paragraph (a)(3), under ``International 
Organization for Standardization'', revising the address for ANSI.
    The revisions read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (2) * * *
    (i) The Office of Hazardous Materials Safety, Office of Hazardous 
Materials Standards, Room 8422, NASSIF Building, 400 7th Street, SW., 
Washington, DC 20590; and
* * * * *
    (3) Table of material incorporated by reference. * * *

----------------------------------------------------------------------------------------------------------------
                Source and name of material                                    49 CFR reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
American National Standards Institute, Inc.: 25 West 43rd    ...................................................
 Street, New York, NY 10036
 
                                                  * * * * * * *
ANSI N14.1 Uranium Hexafluoride--Packaging for Transport,    173.417; 173.420
 1971, 1982, 1987, 1990, 1995 and 2001 Editions..
 
                                                  * * * * * * *
American Society of Mechanical Engineers: ASME
 International, 22 Law Drive, P.O. Box 2900, Fairfield, NJ
 07007-2900
 
                                                  * * * * * * *
American Society for Testing and Materials
 
                                                  * * * * * * *
ASTM B 580-79 Standard Specification for Anodic Oxide        173.316; 173.318; 178.338-17
 Coatings on Aluminum, (Re-approved 2000).
 
                                                  * * * * * * *
International Atomic Energy Agency (IAEA): P.O. Box 100,
 Wagramer Strasse 5, A-1400 Vienna, Austria
Also available from: Bernan Associates, 4611-F Assembly
 Drive, Lanham, MD 20706-4391, USA; or Renouf Publishing
 Company, Ltd., 812 Proctor Avenue, Ogdensburg, New York
 13669, USA
IAEA, Regulations for the Safe Transport of Radioactive      171.12
 Material, No. TS-R-1, 1996 Edition (Revised), (ST-1,
 Revised).
IAEA, Regulations for the Safe Transport of Radioactive      171.12; 173.415; 173.416; 173.417; 173.473
 Material, Safety Series No. 6, 1985 Edition (as Amended
 1990)
 
                                                  * * * * * * *
International Organization for Standardization: Case         ...................................................
 Postale 56, CH-1211, Geneve 20, Switzerland
Also available from: ANSI 25 West 43rd Street, New York, NY  ...................................................
 10036
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    23. Amend Sec.  171.8 by:
    a. Revising the definitions for ``Psi'', ``Psia'', and ``Psig''.
    b. In the definition for ``Registered Inspector'', revising 
paragraph (3).
    c. Placing the definition for ``Stabilized'' following 
``Specification Packaging'' in alphabetical order.
    The revisions read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Psi means pounds per square inch.
    Psia means pounds per square inch absolute.
    Psig means pounds per square inch gauge.
* * * * *

Registered Inspector * * *

    (3) Has a high school diploma (or General Equivalency Diploma) and 
three years of work experience.
* * * * *


Sec.  171.11  [Amended]

    24. Amend Sec.  171.11 introductory text by removing the wording 
``ICAO Technical Instructions'' and adding the wording ``ICAO Technical 
Instructions (incorporated by reference, see Sec.  171.7)'' in its 
place.


Sec.  171.12  [Amended]

    25. Amend Sec.  171.12(d) introductory text by removing the wording 
``Safety Series No. 6, 1985 edition, or TS-R-1,

[[Page 61013]]

1996 edition (incorporated by reference, see Sec.  171.7) ,'' and 
adding the commas and wording ``Safety Series No. 6 or TS-R-1 
(incorporated by reference, see Sec.  171.7),'' in its place.

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

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

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


    27. Amend Sec.  172.101 by adding paragraph (j)(5) to read as 
follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
    (j) * * *
    (5) The total net quantity of hazardous material for an outer non-
bulk packaging that contains more than one hazardous material may not 
exceed the lowest permitted maximum net quantity per package as shown 
in Column 9A or 9B, as appropriate. If one material is a liquid and one 
is a solid, the maximum net quantity must be calculated in kilograms. 
See Sec.  173.24a(c)(1)(iv).


Sec.  172.101  [Amended]

    28. Amend Sec.  172.101, in the Hazardous Materials Table by:
    a. Removing special provision ``25,'', in column 7, for the 
following entries: ``Hydrogen cyanide, solution in alcohol with not 
more than 45 percent hydrogen cyanide'', UN 3294; ``Methanesulfonyl 
chloride'', UN 3246; and ``Methyl vinyl ketone, stabilized'', UN 1251.
    b. Removing ``RC 1318'', in column 2, from the entry 
``Octafluorocyclobutane or Refrigerant gas'', UN 1976, and adding ``RC 
318'' in its place.
    c. Adding ``85, 87'', in column 10B, for the entry ``Polymeric 
beads, expandable evolving flammable vapor'', UN 2211.
    d. Removing label code reference ``1.2'', in column 6, for the 
entry ``Rockets, with inert head'', UN0502, and adding ``1.2C'' in its 
place.
    e. Removing the comma, in column 2, between the words ``Stannic 
chloride'' and ``pentahydrate'' for the entry ``Stannic chloride, 
pentahydrate'', UN 2440.


Sec.  172.101, Appendix B  [Amended]

    29. Amend Appendix B to Sec.  172.101, in the List of Marine 
Pollutants by removing the word ``Fenaminphos'' and adding the word 
``Fenamiphos'' in its place.

    30. Amend Sec.  172.102, in paragraph (c)(1) by removing special 
provision 25, and by revising paragraph (c)(4) introductory text to 
read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (4) Table 1, Table 2, and Table 3-IB Codes, Organic Peroxide IBC 
Code, and IP Special IBC Packing Provisions. These provisions apply 
only to transportation in IBCs. IBCs may be used for the transportation 
of hazardous materials when no IBC code is assigned in the Sec.  
172.101 Table for the specific material only when approved by the 
Associate Administrator. The letter ``Z'' shown in the marking code for 
composite IBCs must be replaced with a capital code letter designation 
found in Sec.  178.702(a)(2) of this subchapter to specify the material 
used for the outer packaging. Tables 1, 2, and 3 follow:
* * * * *


Sec.  172.203  [Amended]

    31. Amend Sec.  172.203(k) introductory text, in the second 
sentence, by removing the wording ``Caprylyl chloride'' and adding the 
wording ``Octanoyl chloride'' in each place it appears.


Sec.  172.407  [Amended]

    32. Amend Sec.  172.407(d)(4)(ii) by removing the wording ``Room 
8421'' and adding the wording ``Office of Hazardous Materials Safety, 
Office of Hazardous Materials Standards, Room 8422'' in its place.

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

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

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


Sec.  173.4  [Amended]

    34. Amend Sec.  173.4(a)(1)(ii) by removing the wording ``solids, 
other than Division 6.1, Packing Group 1, Hazard Zone A or B 
materials'' and adding the wording ``solid materials'' in its place.


Sec.  173.10  [Amended]

    35. Amend Sec.  173.10(e), Note 2, in the second sentence by 
removing the word ``injury'' and adding the word ``damage'' in its 
place.


Sec.  173.21  [Amended]

    36. Amend Sec.  173.21(k) in the second sentence by removing the 
wording ``or Sec.  175.10(a)(24)''.


Sec.  173.54  [Amended]

    37. Amend Sec.  173.54(f) by removing the phrase ``14 CFR 108.11'' 
and adding the phrase ``49 CFR 1544.219'' in its place.


Sec.  173.115  [Amended]

    38. Amend Sec.  173.115(j) by removing the wording 
``173.315(a)(1)'' and adding the wording ``173.315(a)'' in its place.


Sec.  173.150  [Amended]

    39. Amend Sec.  173.150(e)(1) by removing the comma and the word 
``, and'' and adding a period in its place.

    40. Amend Sec.  173.225(b)(3) by adding a sentence at the end to 
read as follows:


Sec.  173.225  Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (b) * * *
    (3) * * * See introductory paragraph of Sec.  172.203(k) of this 
subchapter for additional description requirements for an organic 
peroxide that may qualify for more than one generic listing, depending 
on its concentration.
* * * * *

    41. Amend Sec.  173.247 by revising the section heading to read as 
follows:


Sec.  173.247  Bulk packaging for certain elevated temperature 
materials.

* * * * *


Sec.  173.305  [Amended]

    42. Amend Sec.  173.305(c)(1), in the second sentence by removing 
the word ``injury'' and adding the word ``damage'' in its place.


Sec.  173.315  [Amended]

    43. Amend Sec.  173.315 by:
    a. In paragraph (i)(1)(iv) removing the last sentence.
    b. In paragraph (j)(3), in the second sentence, removing the word 
``injury'' and adding the word ``damage'' in its place.


Sec.  173.316  [Amended]

    44. Amend Sec.  173.316(a)(4) by removing the wording ``ASTM 
Standard B 580'' and adding the wording ``ASTM Standard B 580 
(incorporated by reference, see Sec.  171.7 of this subchapter)'' in 
its place.


Sec.  173.318  [Amended]

    45. Amend Sec.  173.318(a)(4) by removing the wording ``ASTM 
Standard B 580'' and adding the wording ``ASTM Standard B 580 
(incorporated by reference, see Sec.  171.7 of this subchapter)'' in 
its place.

[[Page 61014]]

Sec.  173.320  [Amended]

    46. Amend Sec.  173.320(c), in the first sentence, by removing the 
term ``P202'' and adding the term ``202'' in its place.


Sec.  173.334  [Amended]

    47. Amend Sec.  173.334(f), in the first sentence by removing the 
word ``injury'' and adding the word ``damage'' in its place.


Sec.  173.337  [Amended]

    48. Amend Sec.  173.337 in paragraph (a) in the first sentence, and 
in paragraph (b) in the first sentence, by removing the word ``injury'' 
and adding the word ``damage'' in each place it appears.


Sec.  173.415  [Amended]

    49. Amend Sec.  173.415(d) in the first sentence by removing the 
wording ``IAEA ``Safety Series No. 6'''' and adding the wording ``IAEA 
``Safety Series No. 6'' (incorporated by reference, see Sec.  171.7 of 
this subchapter)'' in its place.


Sec.  173.416  [Amended]

    50. Amend Sec.  173.416(b) in the first sentence by removing the 
wording ````Regulations for the Safe Transport of Radioactive 
Materials, Safety Series No. 6'' ``and adding the wording `` 
``Regulations for the Safe Transport of Radioactive Material, Safety 
Series No. 6'' (incorporated by reference, see Sec.  171.7 of this 
subchapter)'' in its place.


Sec.  173.417  [Amended]

    51. Amend Sec.  173.417 by:
    a. Removing the wording ````Regulations for the Safe Transport of 
Radioactive Materials, Safety Series No. 6,''`` in the first sentence 
of paragraph (a)(5) and adding the wording `` ``Regulations for the 
Safe Transport of Radioactive Material, Safety Series No. 6'' 
(incorporated by reference, see Sec.  171.7 of this subchapter),'' in 
its place.
    b. Removing the wording ``ANSI N14.1'' in paragraph (a)(8)(i) and 
adding the wording ``ANSI N14.1 (incorporated by reference, see Sec.  
171.7 of this subchapter)'' in its place.
    c. Removing the wording `` ``Regulations for the Safe Transport of 
Radioactive Materials, Safety Series No. 6'' `` in the first sentence 
of paragraph (b)(4) and adding the wording `` ``Regulations for the 
Safe Transport of Radioactive Material, Safety Series No. 6'' 
(incorporated by reference, see Sec.  171.7 of this subchapter),'' in 
its place.

    52. Amend Sec.  173.420 by revising paragraphs (a)(2)(i), 
(a)(2)(iii), (b) and (c) to read as follows:


Sec.  173.420  Uranium hexafluoride (fissile, fissile excepted and 
nonfissile).

    (a) * * *
    (2) * * *
    (i) American National Standard N14.1 (2001, 1995, 1990, 1987, 1982, 
1971) (incorporated by reference, see Sec.  171.7 of this subchapter) 
in effect at the time the packaging was manufactured;
    (ii) * * *
    (iii) Section VIII, Division I of the ASME Code (incorporated by 
reference, see Sec.  171.7 of this subchapter), provided the packaging 
--
* * * * *
    (b) Packagings for uranium hexafluoride must be periodically 
inspected, tested, marked and otherwise conform with the latest 
incorporated edition of ANSI N14.1 (incorporated by reference, see 
Sec.  171.7 of this subchapter).
    (c) Each repair to a packaging for uranium hexafluoride must be 
performed in accordance with the latest incorporated edition of ANSI 
N14.1 (incorporated by reference, see Sec.  171.7 of this subchapter).
* * * * *

    53. Amend Sec.  173.471 by revising paragraphs (d) and (e) to read 
as follows:


Sec.  173.471  Requirements for U.S. Nuclear Regulatory Commission 
approved packages.

* * * * *
    (d) Before export shipment of the package, the offeror shall obtain 
a U.S. Competent Authority Certificate for that package design, or if 
one has already been issued, the offeror shall register in writing 
(including a description of the quality assurance program required by 
10 CFR part 71) with the U.S. Competent Authority as a user of the 
certificate. (Note: The person who originally applies for a U.S. 
Competent Authority Certificate will be registered automatically.) The 
registration request must be sent to the Associate Administrator for 
Hazardous Materials Safety (DHM-23), Department of Transportation, 400 
Seventh Street, SW., Washington DC 20590-0001. Alternatively, the 
application with any attached supporting documentation in an 
appropriate format may be submitted by facsimile (fax) to (202) 366-
3753 or (202) 366-3650, or by electronic mail (e-mail) to 
``[email protected].gov.'' Upon registration, the offeror will be 
furnished with a copy of the certificate. The offeror shall then submit 
a copy of the U.S. Competent Authority Certificate applying to that 
package design to the national competent authority of each country into 
or through which the package will be transported, unless the offeror 
has documentary evidence that a copy has already been furnished; and
    (e) Each request for a U.S. Competent Authority Certificate as 
required by the IAEA regulations must be submitted in writing to the 
Associate Administrator. The request must be in triplicate and include 
copies of the applicable USNRC packaging approval, USNRC Quality 
Assurance Program approval number, and a reproducible 22 cm x 30 cm 
(8.5'' x 11'') drawing showing the make-up of the package. The request 
and accompanying documentation must be sent to the Associate 
Administrator for Hazardous Materials Safety (DHM-23), Department of 
Transportation, 400 Seventh Street, SW., Washington DC 20590-0001. 
Alternatively, the application with any attached supporting 
documentation in an appropriate format may be submitted by facsimile 
(fax) to (202) 366-3753 or (202) 366-3650, or by electronic mail (e-
mail) to ``[email protected].gov.'' Each request is considered in the 
order in which it is received. To allow sufficient time for 
consideration, requests must be received at least 90 days before the 
requested effective date.
* * * * *

    54. Amend Sec.  173.472 by revising paragraph (f) to read as 
follows:


Sec.  173.472  Requirements for exporting DOT Specification Type B and 
fissile packages.

* * * * *
    (f) Each request for a U.S. Competent Authority Certificate as 
required by the IAEA regulations must be submitted in writing to the 
Associate Administrator. The request must be in triplicate and must 
include a description of the quality assurance program required by 10 
CFR part 71, subpart H, or 49 CFR 173.474 and 173.475, and a 
reproducible 22 cm x 30 cm (8.5'' x 11'') drawing showing the make-up 
of the package. A copy of the USNRC quality assurance program approval 
will satisfy the requirement for describing the quality assurance 
program. The request and accompanying documentation may be sent by mail 
or other delivery service. Alternatively, the request with any attached 
supporting documentation submitted in an appropriate format may be sent 
by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by 
electronic mail (e-mail) to ``[email protected].gov.'' Each request is 
considered in the order in which it is received. To allow sufficient 
time for consideration, requests must be received at least 90 days 
before the requested effective date.
* * * * *

[[Page 61015]]


    55. Amend Sec.  173.473 by revising paragraphs (a)(1) and (a)(2) to 
read as follows:


Sec.  173.473  Requirements for foreign-made packages.

* * * * *
    (a) * * *
    (1) Have the foreign competent authority certificate revalidated by 
the U.S. Competent Authority, unless this has been done previously. 
Each request for revalidation must be submitted to the Associate 
Administrator. The request must be in triplicate, contain all the 
information required by Section VII of the IAEA regulations in Safety 
Series No. 6 (incorporated by reference, see Sec.  171.7 of this 
subchapter), and include a copy in English of the foreign competent 
authority certificate. Alternatively, the request with any attached 
supporting documentation submitted in an appropriate format may be sent 
by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by 
electronic mail to ``[email protected].gov.'' Each request is considered 
in the order in which it is received.
    To allow sufficient time for consideration, requests must be 
received at least 90 days before the requested effective date;
    (2) Register in writing with the U.S. Competent Authority as a user 
of the package covered by the foreign competent authority certificate 
and its U.S. revalidation. Alternatively, the registration request with 
any attached supporting documentation submitted in an appropriate 
format may be sent by facsimile (fax) to (202) 366-3753 or (202) 366-
3650, or by electronic mail (e-mail) to ``[email protected].gov.'' If 
the offeror is requesting the revalidation, registration is automatic; 
and
* * * * *

    56. Amend Sec.  173.476 by revising paragraph (c) introductory text 
to read as follows:


Sec.  173.476  Approval of special form Class 7 (radioactive) 
materials.

* * * * *
    (c) Each request for a U.S. Competent Authority Certificate as 
required by the IAEA regulations must be submitted in writing, in 
triplicate, by mail or other delivery service to the Associate 
Administrator. Alternatively, the request with any attached supporting 
documentation submitted in an appropriate format may be sent by 
facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by electronic 
mail (e-mail) to ``[email protected].gov''. Each request is considered 
in the order in which it is received. To allow sufficient time for 
consideration, requests must be received at least 90 days before the 
requested effective date. Each petition for a U.S. Competent Authority 
Certificate must include the following information:
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

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

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


Sec.  175.10  [Amended]

    58. Amend Sec.  175.10(a)(5), in the second sentence, by removing 
the phrase ``14 CFR 108.11(a) and (b)'' and adding the phrase ``49 CFR 
1544.219'' in its place.


Sec.  175.320  [Amended]

    59. Amend Sec.  175.320(b)(5), in the first sentence, by removing 
the wording ``part 127'' and adding the wording ``part 133'' in its 
place.

PART 176--CARRIAGE BY VESSEL

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

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


Sec.  176.2  [Amended]

    61. Amend Sec.  176.2, in the definition for ``INF cargo'', by 
removing the phrase ``(contained in IMDG Code, 2000 edition, see Sec.  
171.7 of this subchapter)'' and adding the phrase ``(contained in IMDG 
Code, incorporated by reference, see Sec.  171.7 of this subchapter)'' 
in its place.

    62. Amend Sec.  176.128 by revising paragraph (c) to read as 
follows:


Sec.  176.128  Magazine stowage, general.

* * * * *
    (c) Magazine stowage type B is required for Charges, propelling, 
for cannon, UN 0279, UN 0414, and UN 0242; and Charges, supplementary, 
explosive, UN 0600, in compatibility group C or D. Magazine stowage 
type C is required for detonators and similar articles in divisions and 
compatibility group 1.1B and 1.2B (explosive).


Sec.  176.340  [Amended]

    63. Amend Sec.  176.340 by:
    a. In paragraph (b)(9), removing ``Sec.  173.32(e)(2), (3), and 
(4)'' and adding ``Sec.  180.605'' in its place.
    b. In paragraph (b)(10), removing the wording ``paragraphs (g), 
(h), (i), and (k) of Sec.  173.32'' and adding the wording ``Sec.  
180.605(b) and (j)'' in its place.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

    64. The authority citation for Part 177 continues to read as 
follows:

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


    65. Amend Sec.  177.840 by revising paragraph (l) to read as 
follows:


Sec.  177.840  Class 2 (gases) materials.

* * * * *
    (l) Operating procedure. Each operator of a cargo tank motor 
vehicle that is subject to the emergency discharge control requirements 
in Sec.  173.315(n) of this subchapter must carry on or within the 
cargo tank motor vehicle written emergency discharge control procedures 
for all delivery operations. The procedures must describe the cargo 
tank motor vehicle's emergency discharge control features and, for a 
passive shut-down capability, the parameters within which they are 
designed to function. The procedures must describe the process to be 
followed if a facility-provided hose is used for unloading when the 
cargo tank motor vehicle has a specially equipped delivery hose 
assembly to meet the requirements of Sec.  173.315(n)(2) of this 
subchapter.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec.  178.3  [Amended]

    67. Amend Sec.  178.3(b) introductory text and paragraph (b)(1) by 
removing the wording ``Annex 1 of'' in each place it appears.


Sec.  178.51  [Amended]

    68. Amend Sec.  178.51(f)(1)(i) by removing the wording ``table I'' 
and adding the wording ``table 1'' in its place.

    69. Amend Sec.  178.58 by revising paragraph (k)(2)(ii) to read as 
follows:


Sec.  178.58  Specification 4DA welded steel cylinders for aircraft 
use.

* * * * *
    (k) * * *
    (2) * * *
    (ii) The test cylinder must be placed between wedge-shaped knife 
edges having a 60[deg] angle, rounded to a \1/2\-inch radius.
* * * * *

[[Page 61016]]

Sec.  178.59  [Amended]

    70. Amend Sec.  178.59(j)(3)(iv) by removing the wording ``per-
minute'' and adding the wording ``per minute'' in its place.


Sec.  178.61  [Amended]

    71. Amend Sec.  178.61 by:
    a. In paragraph (b)(1), removing the wording ``table I'' and adding 
the wording ``table 1'' in its place.
    b. In paragraph (b)(2), in the fourth sentence, removing the phrase 
``paragraph (f)(1)'' and adding the phrase ``paragraph (f)(4)'' in its 
place.


Sec.  178.270-11  [Amended]

    72. Amend Sec.  178.270-11(d)(3), in the first sentence, by 
removing the phrase ``Sec.  173.32a of this subchapter'' and adding 
``Sec.  178.273(b)(7)'' in its place.


Sec.  178.273  [Amended]

    73. Amend Sec.  178.273(b)(8)(ii), by removing the phrase ``Sec.  
180.605 of this subchapter'' and adding ``Sec.  178.274(j)'' in its 
place.


Sec.  178.338-17  [Amended]

    74. Amend Sec.  178.338-17(b) by removing the wording ``ASTM 
Standard B 580'' and adding the wording ``ASTM Standard B 580 
(incorporated by reference, see Sec.  171.7 of this subchapter)'' in 
its place.


Sec.  178.354-3  [Amended]

    75. Amend Sec.  178.354-3(a) introductory text, in the first 
sentence, by removing the commas and phrase'', such as a DOT 
Specification 6C or 17C,''.


Sec.  178.356-3  [Amended]

    76. Amend Sec.  178.356-3(a), in the second sentence, by removing 
``776mm'' and adding ``776 mm'' in its place.


Sec.  178.362-1  [Amended]

    77. Amend Sec.  178.362-1(b)(6) by removing the phrase ``2230 kg'' 
and adding the phrase ``2730 kg'' in its place.


Sec.  178.503  [Amended]

    78. Amend Sec.  178.503(e)(3), following the illustration, by 
removing the parenthetical expression ``(as in Sec.  178.503(c)(1), 
(2), (3), (4), and (5))'' and adding the parenthetical expression ``(as 
in Sec.  178.503(c)(1))'' in its place.

    79. Amend Sec.  178.603 by revising the introductory text to 
paragraph (e) to read as follows:


Sec.  178.603  Drop test.

* * * * *
    (e) Drop height. Drop heights, measured as the vertical distance 
from the target to the lowest point on the package, must be equal to or 
greater than the drop height determined as follows:
* * * * *


Sec.  178.707  [Amended]

    80. Amend Sec.  178.707 by revising paragraph (a) to read as 
follows:


Sec.  178.707  Standards for Composite IBCs.

    (a) The provisions in this section apply to composite IBCs intended 
to contain solids and liquids. To complete the marking codes listed 
below, the letter ``Z'' must be replaced by a capital letter in 
accordance with Sec.  178.702(a)(2) to indicate the material used for 
the outer packaging. Composite IBC types are designated:
    (1) 11HZ1 Composite IBCs with a rigid plastic inner receptacle for 
solids loaded or discharged by gravity.
    (2) 11HZ2 Composite IBCs with a flexible plastic inner receptacle 
for solids loaded or discharged by gravity.
    (3) 21HZ1 Composite IBCs with a rigid plastic inner receptacle for 
solids loaded or discharged under pressure.
    (4) 21HZ2 Composite IBCs with a flexible plastic inner receptacle 
for solids loaded or discharged under pressure.
    (5) 31HZ1 Composite IBCs with a rigid plastic inner receptacle for 
liquids.
    (6) 31HZ2 Composite IBCs with a flexible plastic inner receptacle 
for liquids.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

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

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

    82. Amend Sec.  179.201-2, in paragraph (a), by removing ``1\1/2\'' 
and adding ``\1/2\ (1)'' each place it appears in the table, 
in column 2, for the entries ``Over 78 to 96 inches'' and ``Over 96 to 
112 inches''.


Sec.  179.500-10  [Amended]

    83. Amend Sec.  179.500-10(a), in the first sentence by removing 
the word ``injury'' and adding the word ``damage'' in its place.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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


Sec.  180.417  [Amended]

    85. Amend Sec.  180.417(c)(2), in the second sentence, by removing 
the wording ``Director, Regional Office of Motor Carrier Safety, 
Federal Highway Administration'' and adding the wording ``Field 
Administrator, Regional Service Center, Federal Motor Carrier Safety 
Administration'' in its place.

    Issued in Washington, DC, on September 3, 2002, under authority 
delegated in 49 CFR part 1.
Ellen G. Engleman,
 Administrator.
[FR Doc. 02-22817 Filed 9-26-02; 8:45 am]
BILLING CODE 4910-60-P