[Federal Register Volume 68, Number 13 (Tuesday, January 21, 2003)]
[Proposed Rules]
[Pages 2734-2747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-580]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

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

[Docket No. RSPA-02-13773 (HM-218B)]
RIN 2137-AD73


Hazardous Materials; Miscellaneous Amendments

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: RSPA proposes to make miscellaneous amendments to the 
Hazardous Materials Regulations based on petitions for rulemaking and 
RSPA

[[Page 2735]]

initiatives. These proposed amendments are intended to update, clarify 
or provide relief from certain regulatory requirements.

DATES: Comments must be received by March 17, 2003.

ADDRESSES: Submit written comments to the Dockets Management System, 
U.S. Department of Transportation, Room PL 401, 400 Seventh Street, 
SW., Washington, DC 20590-0001. Identify the docket number, RSPA-02-
13773 (HM-218B) at the beginning of your comments and submit two 
copies. If you wish to receive confirmation of receipt of your 
comments, include a self-addressed stamped postcard. You may also 
submit comments by e-mail by accessing the Docket Management System Web 
site at http://dms.dot.gov. Click on ``Help'' to obtain instructions 
for filing the document electronically.
    The Docket Management System is located on the Plaza Level of the 
Nassif Building at the above address. You can view public dockets 
between the hours of 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You can also view comments on-line at http://dms.dot.gov.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

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

SUPPLEMENTARY INFORMATION:

Background

    This NPRM is designed primarily to reduce regulatory burdens on 
industry by incorporating changes into the Hazardous Materials 
Regulations (HMR) based on RSPA's own initiatives and petitions for 
rulemaking submitted in accordance with 49 CFR 106.95. In a continuing 
effort to review the HMR for necessary revisions, RSPA (``we'' and 
``us'') is also proposing to eliminate, revise, clarify and relax 
certain other regulatory requirements.
    The following is a section-by-section summary of the proposed 
changes.

Section-by-Section Review

Part 171

Section 171.7
    The American Pyrotechnics Association (APA) petitioned us to update 
the incorporation by reference of APA Standard 87-1, Standard for 
Construction and Approval for Transportation of Fireworks, Novelties, 
and Theatrical Pyrotechnics, from the 1998 edition to the 2001 edition 
(P-1412). We agree with APA's request and, in this notice, are 
proposing to incorporate the 2001 edition of APA Standard 87-1. APA is 
a trade association of the fireworks industry that promotes safety 
standards for all aspects of fireworks. Its members include regulated 
and licensed manufacturers, distributors, wholesalers, retailers, 
importers and suppliers of firework and professional public display 
firms.
    The Hazardous Material Regulations allow fireworks that are 
manufactured in accordance with APA Standard 87-1 to be classed, 
approved and assigned an EX-number by the Associate Administrator 
without prior laboratory examination. Because the 2001 edition of APA 
Standard 87-1 establishes a ten-inch limit on aerial shells for 
fireworks that may be classed as Division 1.3 explosives, our 
incorporating the 2001 APA standard would result in prohibiting shells 
greater than ten inches from being classed as Division 1.3 explosives. 
However, shells ten inches or greater could be classed and approved as 
Division 1.1 explosives without prior examination. We are proposing 
this change, but we invite comments on regulatory impacts, including 
any cost impact, of incorporating the 2001 APA Standard 87-1.
    The Compressed Gas Association (CGA) petitioned us and we are 
proposing to update the incorporation by reference of the following:

--CGA Pamphlet C-6.2, Guidelines for Visual Inspection and 
Requalification of Fiber Reinforced High Pressure Cylinders, from the 
1988 edition to the 1996 edition (P-1383);
--CGA Pamphlet C-11, Recommended Practices for Inspection of Compressed 
Gas Cylinders at Time of Manufacture, from the 1993 edition to the 2001 
edition (P-1419);
--CGA Pamphlet C-13, Guidelines for Periodic Visual Inspection and 
Requalification of Acetylene Cylinders, from the 1992 edition to the 
2000 edition (P-1413); and
--CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, from the 1994 edition to the 2001 
edition (with the exception of paragraph 9.1.1.1) (P-1401).

    The National Propane Gas Association (NPGA) petitioned us and we 
are proposing to update the incorporation by reference of the National 
Fire Protection Association (NFPA) Pamphlet--Standard for the Storage 
and Handling of Liquefied Compressed Gases, 1979 edition, to the NFPA 
58--Liquefied Petroleum Gas Code, 2001 edition (P-1120).
    Based on our own initiative, we are proposing to authorize the 
American Society for Testing and Materials (ASTM) E 114-95 test method 
for straight beam examination of the tubular surface of cylinders and 
tubes. ASTM E 114, in conjunction with ASTM E 213-98, is used to 
measure the wall thickness of a cylinder and to detect general 
corrosion and defects located in the path of the ultrasonic straight 
beam direction. ASTM E 213 is used to detect sidewall defects such as 
cracks, voids and pits in cylinders. We adopted ASTM E 213 for use in a 
final rule published in the Federal Register on August 8, 2002 (Docket 
HM-220D, 67 FR 51626), but inadvertently did not authorize the use of 
ASTM E 114.
    We are also proposing to incorporate by reference the Chlorine 
Institute instruction booklets entitled ``Chlorine Institute Emergency 
Kit `A' for 100-lb. & 150-lb. Chlorine Cylinders'' and ``Chlorine 
Institute Emergency Kit `B' for Chlorine Ton Containers''. (See Sec.  
173.3 preamble discussion.)
    We are proposing to update the incorporation by reference of the 
Association of American Railroads (AAR) Manual of Standards and 
Recommended Practices, Section C--Part III, Specification for Tank 
Cars, Specification M-1002, from the January 1996 edition to the 
December 2000 edition. We are also proposing to remove the entry for 
the 1992 edition of this manual since Appendix Y was revised in the 
2000 edition, thus making the 1992 edition obsolete.
Section 171.15
    Currently the HMR require a shipper to notify the Bureau of 
Explosives (BOE) whenever a rail car containing a time-sensitive 
product is not received by the consignee within 20 days from shipment 
(see Sec. Sec.  173.314(g)(1) and 173.319(a)(3)). We are proposing to 
move these requirements to Sec.  171.15 by adding a new paragraph (d) 
and requiring notification to the Federal Railroad Administration 
instead of BOE.

[[Page 2736]]

Part 172

Section 172.101
    In response to a petition from the NPGA [P-1265], we are proposing 
to amend the entry for ``Butylene'' by adding a limited quantity 
exception for compressed gases (see Sec.  173.306) in column (8A) of 
the Hazardous Materials Table (HMT). This amendment would be consistent 
with the entries for ``Petroleum gases, liquefied'' and other 
hydrocarbons.
    We are proposing to add a new domestic entry for ``Cartridges power 
devices, ORM-D'' to the HMT for consistency with the packaging 
exceptions authorized in Sec.  173.63(b). This entry is limited to 
those cartridges, small arms and cartridges power devices which are 
authorized to be reclassed and shipped as ORM-D in Sec.  173.63(b)(1).
    For Zone B Toxic Inhalation Hazard entries with ID numbers UN3303, 
UN3304, UN3305, UN3306, UN3307, UN3308, UN3309, and UN3310, we would 
revise the entry in the HMT by adding Special Provisions B9 and B14; 
and for Zone C Toxic Inhalation Hazard entries with the same ID 
numbers, we would revise the entry in the HMT by adding Special 
Provision B14. The Special Provisions were inadvertently omitted in 
previous rulemakings.
    For compressed gas entries with ID numbers UN 3304, UN 3305, and UN 
3306 and liquefied gas entries with ID numbers UN 3308, UN 3309 and UN 
3310, we propose to remove the letter ``I'' in column 1 of the HMT. The 
affected proper shipping names may be used in both domestic and in 
international transportation.
    For the entry ``Liquefied gas, toxic, oxidizing, corrosive, 
n.o.s.'' Hazard Zones B, C and D, we are proposing to correct a 
typographical error in the subsidiary labeling requirements by removing 
the Division 2.1 label and adding the Division 5.1 label in its place.
    We are proposing to revise the entry for ``Gas sample, non-
pressurized, toxic, n.o.s.'' by adding Special Provision 6 in column 
(7) of the HMT. The entry is classed as a Division 2.3 (gas poisonous 
by inhalation) material and must be described as an inhalation hazard 
under the provisions of the HMR.
Section 172.504
    Currently, paragraph (d) excepts non-bulk packagings that contain 
only the residue of a hazardous material covered by table 2 from being 
included when determining placarding requirements. We are proposing to 
revise paragraph (d) to clarify that the exception does not apply to 
poison inhalation hazard materials subject to the subsidiary placarding 
requirements in Sec.  172.505.

Part 173

Section 173.3
    We are proposing that a DOT 3A480 or 3AA480 specification cylinder 
containing Chlorine or Sulphur dioxide (both materials poisonous by 
inhalation) that has developed a leak in the valve or fusible plug may 
be temporarily repaired using a Chlorine Institute ``A'' kit and be 
transported by private or contract carrier one time, one way from the 
point of discovery to the appropriate facilities for discharge and 
examination. Repairs must be performed only by personnel who have been 
trained in the use of the devices and tools in the Chlorine Institute 
``A'' kit and are knowledgeable concerning the properties of chlorine 
and sulphur dioxide. Similarly, we are proposing to permit a DOT 
106A500 specification multi-unit tank car tank containing Chlorine or 
Sulphur dioxide that has developed a leak in the valve or fusible plug 
to be temporarily repaired using a Chlorine Institute ``B'' kit. We 
have authorized the use of the kits under the exemption program for 
several years with satisfactory shipping experience. Incorporating the 
exemption provisions into the regulations will facilitate the movement 
of affected containers to appropriate facilities.
Section 173.12
    Currently, Sec.  173.12(c) authorizes the reuse of packagings for 
shipments of ``hazardous waste'' to designated facilities. In response 
to a petition from North American Transportation Consultants, Inc. 
(NATC) (P-1407), we are proposing to extend the exception in Sec.  
173.12(c) to shipments of all waste materials and not just to materials 
that meet the definition of ``hazardous waste'' and are subject to the 
Uniform Hazardous Waste Manifest requirements of the U.S. Environmental 
Protection Agency.
Section 173.29
    Currently, paragraph (c) excepts non-bulk packagings that contain 
only the residue of a hazardous material covered by Table 2 of Sec.  
172.504(e) from being included when determining placarding requirements 
and from shipping paper requirements. We are proposing to revise 
paragraph (c) to clarify that the exceptions do not apply to poison 
inhalation hazard materials subject to the subsidiary placarding 
requirements in Sec.  172.505.
Section 173.31
    We are proposing to add a new paragraph authorizing the continued 
use of DOT 103 and 104 tank cars that may no longer be constructed. We 
are also proposing to revise paragraph (b)(2)(ii) for clarity by 
removing the reference to ``Chloroprene, inhibited'' since Special 
Provision B57 addresses the requirements for chloroprene in DOT 115A 
tank cars, and to remove the last sentence since ``breather holes'' are 
not authorized in the regulations. In addition, we are proposing to 
revise paragraph (b)(5) to reflect changes to Appendix Y of the AAR 
Specifications for Tank cars. This change would recognize the 2000 
edition of Appendix Y in the AAR Tank Car Manual.
Section 173.35
    In paragraph (b), we are proposing to add, for purposes of 
clarification, a parenthetical cross-reference to Sec.  180.352 that 
contains detailed requirements for retest and inspection of IBCs.
Section 173.50
    The definition of ``explosive'' in Sec.  173.50 currently does not 
specifically include pyrotechnics. We are proposing to add a statement 
indicating that pyrotechnic substances and articles are considered 
explosives unless otherwise classed.
Section 173.54
    Section 173.54 currently forbids offering a leaking or damaged 
package of explosives for transportation. We propose to clarify that 
leaking or damaged articles, even if not in a package, are also 
prohibited.
Section 173.62
    We are proposing to revise paragraph (c), in the table of Packing 
Methods, to clarify that Packing Instruction 132(a) applies to articles 
with closed casings and Packing Instruction 132(b) applies to articles 
without closed casings.
Section 173.314
    We are proposing to remove the wording ``safety relief'' and add 
the wording ``reclosing pressure relief'' in paragraphs (k) and (m) for 
consistency. Also, we are proposing to move the reporting requirements 
in paragraph (g)(1) to Sec.  171.15(d) and, therefore, are proposing to 
remove and reserve paragraph (g)(1).
Section 173.315
    On May 24, 1999, we published a final rule (Docket HM-225A; 64 FR 
28030) to require cargo tank motor vehicles (CTMVs) used to transport

[[Page 2737]]

liquefied compressed gases to be equipped with emergency discharge 
control equipment, including passive systems that will shut down the 
unloading operation without human intervention and remote control 
devices that enable an attendant to stop the unloading process at a 
distance from the vehicle. These requirements are keyed to the degree 
of risk associated with the transportation of specific liquefied 
compressed gases. Among other requirements, the regulation requires a 
CTMV in metered delivery service transporting a Division 2.2 material 
with a subsidiary hazard, a Division 2.1 material, or anhydrous ammonia 
in a cargo tank with a capacity of 3,500 gallons or less to be equipped 
with an off-truck remote means to close the internal self-closing stop 
valve and shut off all motive and auxiliary power equipment. Metered 
delivery service means a cargo tank unloading operation conducted at a 
metered flow rate of 100 gallons per minute or less through an attached 
delivery hose with an inside diameter of 1\3/4\ inches or less. A CTMV 
transporting a Division 2.2 material with a subsidiary hazard, a 
Division 2.1 material, or anhydrous ammonia in other than metered 
delivery service must be equipped with a passive emergency discharge 
control system that will shut down the unloading operation within 20 
seconds of a complete separation or rupture of the delivery hose.
    Since our adoption of the above requirements in 1999, it has come 
to our attention that there are CTMVs that transport Division 2.2 
materials with a subsidiary hazard, Division 2.1 materials, and 
anhydrous ammonia in both metered and other than metered delivery 
service. A strict reading of the current regulatory requirements 
applicable to emergency discharge control equipment in Sec.  173.315(n) 
would appear to require these CTMVs to be equipped with both a passive 
and an off-truck remote means of emergency discharge control. It was 
never our intention to require a CTMV to meet both requirements. If a 
CTMV operating in both metered and non-metered delivery service is 
equipped with a passive means of shut-down that meets the requirements 
in Sec.  173.315(n)(2) and functions for both metered and non-metered 
deliveries, then it need not also be equipped with an off-truck remote 
means of shut down. In this NPRM, we propose to clarify the emergency 
discharge control requirements by adding a specific entry in the chart 
in Sec.  173.315(n)(1) to address CTMVs that operate in both metered 
and other than metered delivery service. Proposed Sec.  
173.315(n)(1)(vi) would permit CTMVs in both metered and other than 
metered delivery service, with capacities of more than 3,500 water 
gallons, used to transport Division 2.2 materials with a subsidiary 
hazard, Division 2.1 materials, and anhydrous ammonia to be equipped 
with a passive means of emergency discharge control, provided that the 
system functions for both metered and non-metered deliveries. If the 
system functions only for non-metered deliveries, then the CTMV also 
would have to be equipped with an off-truck remote emergency discharge 
control system.
Section 173.319
    We are proposing to move the reporting requirements in paragraph 
(a)(3) to Sec.  171.15(d) and, therefore, are proposing to remove and 
reserve paragraph (a)(3). (See Sec.  171.15 preamble discussion.)
Section 173.320
    Currently, cryogenic liquids are not subject to the requirements of 
the HMR when transported by motor vehicle or railcar if they meet 
certain conditions such as complying with the requirements in Subparts 
A, B, C and D of part 172. We are proposing to amend paragraph (a)(2) 
by adding the requirements in subparts G (Emergency Response 
Information) and H (Training) of part 172 for transportation by rail or 
highway. We never intended to except shipments of cryogenic liquids 
from these requirements.

Part 177

Section 177.834
    Currently, Sec.  177.834(a) requires packagings not permanently 
attached to the motor vehicle and containing Classes 2, 3, 7, and 8 and 
Division 6.1 and 6.2 materials to be secured against movement within 
the vehicle. Section 177.834(g) currently requires packages of Class 1, 
2, 3, 4, 5, 8 and Division 6.1 and 6.2 materials to be braced to 
prevent relative motion between themselves. In response to a petition 
for rulemaking from the Georgia Public Service Commission [P-1100], we 
are proposing to amend Sec.  177.834(a) to require that any packaging 
containing a hazardous material, regardless of class or division, be 
secured against movement if the packaging is not permanently attached 
to a motor vehicle. Additionally, we are proposing to incorporate into 
paragraph (a) the closely related requirements in Sec.  177.834(g), to 
prevent relative motion between the hazardous material packages 
themselves and the vehicle and to ensure that packages that have valves 
or other fittings be loaded in a manner that minimizes the likelihood 
that the valves or other fittings will be damaged during 
transportation. Subsequently, paragraph (g) will be reserved. RSPA 
agrees with the petitioner that securement of packages containing 
hazardous materials to prevent movement in transit will reduce damage 
to packages and thus, enhance driver and public safety.
    Based on our own initiative and to be consistent with a similar 
requirement in Parts 174, 175, and 176, we are proposing to add a new 
paragraph (b) requiring packages bearing orientation markings to be 
loaded in such a way that they remain in the correct position indicated 
by the markings.
Section 177.835
    Section 177.835 prohibits carrying a Division 1.1 or Division 1.2 
explosive material in a combination of vehicles if the other vehicle is 
transporting a Division 2.3 or Division 6.1 material. This requirement 
is more restrictive than the ``Segregation Table for Hazardous 
Materials'' in Sec.  177.848(d), which restricts loading and 
transporting of Division 1.1 or 1.2 explosives with materials in 
Division 2.3, Hazard Zone A or B, and in Division 6.1, PG I, Hazard 
Zone A. For consistency with the provisions in Sec.  177.848(d), we are 
proposing to revise Sec.  177.835(c)(4)(iii) to limit the segregation 
restriction to Division 2.3 materials in Hazard Zone A or B and to 
Division 6.1, PG I materials in Hazard Zone A.
Section 177.837
    Currently, Sec.  177.837 does not permit the engine of a cargo tank 
motor vehicle to be running during loading and unloading of Class 3 
materials. In response to a petition from Monsanto [P-1276], we are 
proposing to amend paragraph (a) to permit the diesel engine of a cargo 
tank motor vehicle to be running during loading and unloading of Class 
3 materials if the ambient temperature is at or below -12 [deg]C (10 
[deg]F). The petitioner states that a motor vehicle's diesel engine is 
very difficult to restart if the engine is turned off in extremely cold 
weather for loading or unloading of product. The petitioner believes 
that the operating benefits of leaving a motor vehicle engine running 
in ambient temperatures of below -12 [deg]C (10 [deg]F) outweigh the 
flammability risks. We concur and are proposing to amend Sec.  177.837 
accordingly.
Section 177.841
    We are proposing to revise paragraph (e) to expand the prohibition 
of

[[Page 2738]]

transporting packagings bearing or required to bear a POISON or POISON 
INHALATION HAZARD label to include packagings that are placarded or 
required to be placarded POISON or POISON INHALATION HAZARD. Section 
172.514(c) permits placarding in lieu of labeling for certain bulk 
packagings.

Part 178

Section 178.45
    We are proposing to revise paragraph (h) to authorize use of the 
ASTM E 114 test method for straight beam examinations on the tubular 
surface of cylinders and tubes as we stated earlier in this preamble in 
the discussion to Sec.  171.7.
Part 179
    New construction of specification DOT103 and 104 tank cars is no 
longer authorized; therefore, we propose to remove the specifications 
and all references to DOT 103 and 104 tanks cars from this part. 
(Continued use of DOT 103 and 104 tank cars is authorized in Sec. Sec.  
173.31 and 180.507.)
Section 179.1
    Paragraph (a) implies that only tanks transporting hazardous 
materials are subject to the jurisdiction of DOT. We are proposing to 
revise paragraph (a) to clarify that DOT specification tanks, even when 
they are transporting non-regulated commodities, are subject to the 
jurisdiction of DOT, at least as to the tank itself.
Section 179.3
    We are proposing to revise Sec.  179.3 for clarity.
Section 179.5
    We are proposing to revise this section by removing an obsolete 
requirement to furnish a Certificate of Construction to the Department.
Section 179.7
    We are proposing to revise paragraph (f) by removing an outdated 
compliance date.
Section 179.100-13
    In paragraphs (b) and (c), we are proposing to add, for purposes of 
clarification, a reference to Sec.  173.314(j), which contains excess 
flow valve requirements for flammable gases.
Part 179 Subpart D
    We are proposing to revise the heading for Subpart D by removing 
the reference to DOT-103 and DOT-104 tank cars.
Section 179.200
    We are proposing to revise the section heading by removing the 
reference to DOT-103 and DOT-104 tank cars.
Section 179.200-14
    We are proposing to revise paragraph (a) by removing the reference 
to DOT-103 and DOT-104 tank cars.
Section 179.200-23
    We are proposing to revise the section heading by removing the 
words ``safety relief'' and adding ``pressure relief'' in their place.
Section 179.200-24
    We are proposing to revise the table by removing the reference to a 
DOT-103-W tank car and adding a reference to DOT-111A tank car in its 
place.
Section 179.201-1
    We are proposing to revise the table by removing the entries for 
spec DOT-103 and DOT-104 tank cars because new construction of 
specification DOT103 and 104 tank cars is no longer authorized. 
(Continued use of DOT 103 and 104 tank cars is authorized in Sec. Sec.  
173.31 and 180.507.)
Section 179.201-2
    Section 179.201-2 addresses minimum plate thickness for DOT 
specification tank cars that may no longer be constructed. Therefore, 
we are proposing to remove and reserve Sec.  179.201-2.
Section 179.201-3
    We are proposing to revise paragraph (b) by removing the reference 
to DOT-103 tank cars.

Part 180

Section 180.507
    We are proposing to add a new paragraph authorizing the continued 
use of DOT 103 and 104 tank cars, which may no longer be constructed.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866. Therefore, it was 
not reviewed by the Office of Management and Budget (OMB), and a 
regulatory assessment was not required for OMB. This proposed rule is 
not considered to be significant under the Regulatory Policies and 
Procedures order issued by the U.S. Department of Transportation (44 FR 
11034) and therefore a Regulatory Analysis under the DOT order is not 
required.
    In this notice, we propose to amend miscellaneous provisions in the 
HMR to clarify the provisions and to relax overly burdensome 
requirements. We are also responding to requests from industry 
associations to update references to standards that are incorporated in 
the HMR. For example, the American Pyrotechnics Association petitioned 
us to incorporate the 2001 edition of APA Standard 87-1. (See Sec.  
171.7 preamble discussion.) These clarifications and updates of the HMR 
will enhance safety.
    Because the proposed changes clarify the requirements and respond 
to requests from industry, we believe the impact of these proposed 
changes to be so minimal that the proposal does not warrant a 
regulatory evaluation. However, we invite public comments on any 
impacts of proposed changes and may revise this determination as a 
result of comments.

B. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). 
Federal law expressly preempts State, local, and Indian tribe 
requirements, applicable to the transportation of hazardous materials, 
that cover certain subjects and are not substantively the same as the 
Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (i) The designation, description, and classification of hazardous 
materials;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (v) The design, manufacturing, fabricating, marking, maintenance, 
reconditioning, repairing, or testing of a packaging or container which 
is represented, marked, certified, or sold as qualified for use in the 
transport of hazardous materials.
    This proposed rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous materials, among other covered 
subjects.
    If adopted as final, this rule would preempt any State, local, or 
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR 
107.202(d)) as the Federal requirements.

[[Page 2739]]

    Federal hazardous materials transportation law provides at 49 
U.S.C. 5125(b)(2) that if RSPA issues a regulation concerning any of 
the covered subjects, RSPA must determine and publish in the Federal 
Register the effective date of Federal preemption. That effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
RSPA requests comments on what the effective date of Federal preemption 
should be for the requirements in this proposed rule that concern 
covered subjects.

C. Executive Order 13175

    This proposed 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 proposed rule does not have tribal implications, does not 
impose substantial direct compliance costs on Indian tribal 
governments, and does not preempt tribal law, the funding and 
consultation requirements of Executive Order 13175 do not apply, and a 
tribal summary impact statement is not required.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities. 
An agency must conduct a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
proposed rule would amend miscellaneous provisions in the HMR to 
clarify provisions based on our own initiative and also on petitions 
for rulemaking. While maintaining safety, it would relax certain 
requirements that are overly burdensome and would update references to 
consensus standards that are incorporated in the HMR.
    These proposed changes are generally intended to provide relief to 
shippers, carriers, and packaging manufacturers, including small 
entities. In addition, we propose to update references to standards 
that are incorporated in the HMR; industry associations, representing 
large and small entities, requested this change.
    One proposed change may have a cost impact. The APA, a trade 
association of the fireworks industry, filed a petition requesting that 
we update a reference to incorporate the 2001 edition of APA Standard 
87-1. Because the 2001 edition of the APA Standard establishes a limit 
of ten inches on aerial shells for fireworks that may be classed as 
Division 1.3 explosives, our incorporating the 2001 APA standard would 
result in prohibiting shells greater than ten inches from being classed 
as Division 1.3 explosives. However, shells greater than ten inches 
could be classed and approved by RSPA as Division 1.1 explosives 
without prior examination. Therefore, it may be more expensive to 
transport shells larger than ten inches; those shells, however, are 
used only in very large shows. The entities that may be affected by 
this change are five manufacturers of shells over ten inches and 
approximately fifty importers of shells over ten inches. Some of these 
fifty importers are small businesses.
    The changes proposed in this Notice will enhance safety, and I 
certify that this proposal, if promulgated, would not have a 
significant economic impact on a substantial number of small entities.

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to a collection of information unless it displays a valid OMB 
control number. This NPRM does not propose any new information 
collection burdens.

F. Unfunded Mandates Reform Act

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

G. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347) requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. We developed an assessment to consider the effects of 
these revisions on the environment and determine whether a more 
comprehensive environmental impact statement may be required. We have 
tentatively concluded that there are no significant environmental 
impacts associated with this proposed rule. Interested parties, 
however, are invited to review the Environmental Assessment available 
in the docket and to comment on what environmental impact, if any, the 
proposed regulatory changes would have.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects

49 CFR Part 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 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 would be 
amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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

    2. In Sec.  171.7, in the paragraph (a)(3) table:

[[Page 2740]]

    a. Under the entry ``American Pyrotechnics Association (APA),'' the 
entry would be revised;
    b. Under the entry ``American Society for Testing and Materials,'' 
a new entry would be added in appropriate alphabetical order;
    c. Under the entry ``Association of American Railroads,'' the first 
entry would be removed and the second entry would be revised;
    d. Under the entry ``Chlorine Institute, Inc.,'' two new entries 
would be added in appropriate alphabetical order;
    e. Under the entry ``Compressed Gas Association, Inc.,'' the 
address and four entries would be revised;
    f. Under the entry ``National Fire Protection Association,'' the 
entry would be revised.
    The revisions and additions would read as follows:


Sec.  171.7  Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

----------------------------------------------------------------------------------------------------------------
           Source and name of material                                    49 CFR reference
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
     American Pyrotechnics Association (APA)
 
                                                  * * * * * * *
APA Standard 87-1, Standard for Construction and   173.56
 Approval for Transportation of Fireworks,
 Novelties, and Theatrical Pyrotechnics, December
 1, 2001 version.
 
                                                  * * * * * * *
    American Society for Testing and Materials
 
                                                  * * * * * * *
ASTM E 114-95 Standard Practice for Ultrasonic     178.45
 Pulse-Echo Straight-Beam Examination by the
 Contact Method.
 
                                                  * * * * * * *
        Association of American Railroads
 
                                                  * * * * * * *
AAR Manual of Standards and Recommended            173.31, 174.63, 179.6, 179.7, 179.12, 179.15, 179.16, 179.20,
 Practices, Section C-Part III, Specification for   179.22, 179.100, 179.101, 179.102, 179.103, 179.200,
 Tank Cars, Specification M-1002, December 2000.    179.201, 179.220, 179.300, 179.400, 180.509, 180.513,
                                                    180.515, 180.517.
 
                                                  * * * * * * *
             Chlorine Institute, Inc.
 
                                                  * * * * * * *
Chlorine Institute Emergency Kit ``A'' for 100-    173.3
 lb. & 150-lb. Chlorine Cylinders (with the
 exception of repair method using Device 8 for
 side leaks).
Chlorine Institute Emergency Kit ``B'' for         173.3
 Chlorine Ton Containers (with the exception of
 repair method using Device 9 for side leaks).
 
                                                  * * * * * * *
  Compressed Gas Association, Inc., 4221 Walney
          Road, Chantilly, VA 20151-2923
 
                                                  * * * * * * *
CGA Pamphlet C-6.2, Guidelines for Visual          173.34
 Inspection and Requalification of Fiber
 Reinforced High Pressure Cylinders, 1996.
 
                                                  * * * * * * *
CGA Pamphlet C-11, Recommended Practices for       178.35
 Inspection of Compressed Gas Cylinders at Time
 of Manufacture, 2001.
 
                                                  * * * * * * *
CGA Pamphlet C-13, Guidelines for Periodic Visual  173.34, 173.303.
 Inspection and Requalification of Acetylene
 Cylinders, 2000.
 
                                                  * * * * * * *
CGA Pamphlet S-1.1, Pressure Relief Device         173.34
 Standards--Part 1--Cylinders for Compressed
 Gases, 2001 (with the exception of paragraph
 9.1.1.1).
 
                                                  * * * * * * *
       National Fire Protection Association
 
                                                  * * * * * * *
NFPA 58-Liquefied Petroleum Gas Code, 2001--.....  173.315
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 2741]]

    3. In Sec.  171.15, a new paragraph (d) would be added to read as 
follows:


Sec.  171.15  Immediate notification of certain hazardous materials 
incidents.

* * * * *
    (d) Special reporting requirements for railroad transportation. 
Whenever a tank car containing hydrogen chloride refrigerated liquid or 
flammable cryogenic liquid is not received by the consignee within 20 
days from the date of shipment, the person with knowledge (shipper or 
carrier) shall notify the Federal Railroad Administration, Hazardous 
Materials Division, U.S. Department of Transportation, Washington, DC 
20590-0001, 202-493-6247 or 202-493-6244 (day); 202-267-2100 (night).

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

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

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

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

[[Page 2742]]



                                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                       Hazardous                                                                                                   (8)  Packaging  (Sec.   173.***)            (9)  Quantity limitations        (10)  Vessel stowage
                       materials                                                                                           -------------------------------------------------------------------------------------------------------------
     Symbols       descriptions and   Hazard class or    Identification          PG          Label codes        Special
                    proper shipping       Division            Nos.                                            provisions      Exceptions       Non-bulk          Bulk          Passenger    Cargo aircraft    Location         Other
                         names                                                                                                                                               aircraft/rail       only
(1)               (2)...............  (3)              (4)..............  (5)............  (6)............  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A)         (10B)
-----------------
 
                                                                                                              * * * * * * *
                  [ADD:]
D...............  Cartridges power    ORM-D            .................  ...............  None...........  ..............  63............  None..........  None..........  30 kg gross...  30 kg gross...  A
                   devices (used to
                   project fastening
                   devices).
 
                                                                                                              * * * * * * *
                  [REVISE:]
 
                                                                                                              * * * * * * *
                  Butylene see also   2.1              UN1012...........  ...............  2.1............  19, T50.......  306...........  304...........  314, 315......  Forbidden.....  150 kg........  E             40
                   Petroleum gases,
                   liquefied.
 
                                                                                                              * * * * * * *
G...............  Compressed gas,     2.3              UN3304...........  ...............  2.3, 8.........  1.............  None..........  192...........  245...........  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone A.
G...............  Compressed gas,     2.3              UN3304...........  ...............  2.3, 8.........  2, B9, B14....  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone B.
G...............  Compressed gas,     2.3              UN3304...........  ...............  2.3, 8.........  3, B14........  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone C.
G...............  Compressed gas,     2.3               UN3304..........  ...............  2.3, 8.........  4.............  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone D.
G...............  Compressed gas,     2.3              UN3305...........  ...............  2.3, 2.1, 8....  1.............  None..........  192...........  245...........  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone A.
G...............  Compressed gas,     2.3              UN3305...........  ...............  2.3, 2.1, 8....  2, B9, B14....  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone B.
G...............  Compressed gas,     2.3              UN3305...........  ...............  2.3, 2.1, 8....  3, B14........  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone C.
G...............  Compressed gas,     2.3              UN3305...........  ...............  2.3, 2.1, 8....  4.............  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone D.
G...............  Compressed gas,     2.3              UN3306...........  ...............  2.3, 5.1, 8....  1.............  None..........  192...........  244...........  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone A.
G...............  Compressed gas,     2.3              UN3306...........  ...............  2.3, 5.1, 8....  2, B9, B14....  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone B.
G...............  Compressed gas,     2.3              UN3306...........  ...............  2.3, 5.1, 8....  3, B14........  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone C.
G...............  Compressed gas,     2.3              UN3306...........  ...............  2.3, 5.1, 8....  4.............  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone D.
G...............  Compressed gas,     2.3              UN3303...........  ...............  2.3, 5.1.......  2, B9, B14....  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, oxidizing,
                   n.o.s. Inhalation
                   Hazard Zone B.
G...............  Compressed gas,     2.3              UN3303...........  ...............  2.3, 5.1.......  3, B14........  None..........  302, 305......  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, oxidizing,
                   n.o.s. Inhalation
                   Hazard Zone C.
 
                                                                                                              * * * * * * *
                  Gas sample, non-    2.3              UN3169...........  ...............  2.3............  6.............  306...........  302, 304......  None..........  Forbidden.....  1 L...........  D             ..............
                   pressurized,
                   toxic, n.o.s.,
                   not refrigerated
                   liquid.
 
                                                                                                              * * * * * * *
G...............  Liquefied gas,      2.3              UN3308...........  ...............  2.3, 8.........  1.............  None..........  192...........  245...........  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone A.
G...............  Liquefied gas,      2.3              UN3308...........  ...............  2.3, 8.........  2, B9, B14....  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone B.
G...............  Liquefied gas,      2.3              UN3308...........  ...............  2.3, 8.........  3, B14........  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone C.
G...............  Liquefied gas,      2.3              UN3308...........  ...............  2.3, 8.........  4.............  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, corrosive,
                   n.o.s. Inhalation
                   Hazard Zone D.
G...............  Liquefied gas,      2.3              UN3309...........  ...............  2.3, 2.1, 8....  1.............  None..........  192...........  245...........  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone A.
G...............  Liquefied gas,      2.3              UN3309...........  ...............  2.3, 2.1, 8....  2, B9, B14....  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone B.
G...............  Liquefied gas,      2.3              UN3309...........  ...............  2.3, 2.1, 8....  3, B14........  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone C.
G...............  Liquefied gas,      2.3              UN3309...........  ...............  2.3, 2.1, 8....  4.............  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             17, 40
                   toxic, flammable,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone D.
G...............  Liquefied gas,      2.3              UN3310...........  ...............  2.3, 5.1, 8....  1.............  None..........  192...........  245...........  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone A.

[[Page 2743]]

 
G...............  Liquefied gas,      2.3              UN3310...........  ...............  2.3, 5.1, 8....  2, B9, B14....  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone B.
G...............  Liquefied gas,      2.3              UN3310...........  ...............  2.3, 5.1, 8....  3, B14........  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone C.
G...............  Liquefied gas,      2.3              UN3310...........  ...............  2.3, 5.1, 8....  4.............  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40, 89, 90
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone D.
G...............  Liquefied gas,      2.3              UN3307...........  ...............  2.3, 5.1.......  2, B9, B14....  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone B.
G...............  Liquefied gas,      2.3              UN3307...........  ...............  2.3, 5.1.......  3, B14........  None..........  304...........  314, 315......  Forbidden.....  Forbidden.....  D             40
                   toxic, oxidizing,
                   corrosive, n.o.s.
                   Inhalation Hazard
                   Zone C.
 
                                                                                                               * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

?
[[Page 2744]]

    6. In Sec.  172.504, paragraph (d) would be revised to read as 
follows:


Sec.  172.504  General placarding requirements.

* * * * *
    (d) Exception for empty non-bulk packages. Except for hazardous 
materials subject to Sec.  172.505, a non-bulk packaging that contains 
only the residue of a hazardous material covered by Table 2 of 
paragraph (e) of this section need not be included in determining 
placarding requirements.
* * * * *

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

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

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

    8. In Sec.  173.3, a new paragraph (d) would be added to read as 
follows:


Sec.  173.3  Packaging and exceptions.

* * * * *
    (d) Emergency transportation of DOT 3A480 or 3AA480 specification 
cylinders and DOT 105A500 multi-unit tank car tanks. (1) A DOT 3A480 or 
DOT 3AA480 specification cylinder containing Chlorine or Sulphur 
dioxide that has developed a leak in a valve or fusible plug may be 
repaired temporarily by trained personnel using a Chlorine Institute 
Kit ``A'' and be transported by private or contract carrier one time, 
one way from the point of discovery to a proper facility for discharge 
and examination.
    (2) A DOT 106A500 specification multi-unit tank car tank containing 
Chlorine or Sulphur dioxide that has developed a leak in the valve or 
fusible plug may be temporarily repaired by trained personnel using a 
Chlorine Institute Kit ``B'' and be transported by private or contract 
carrier one time, one way from the point of discovery to a proper 
facility for discharge and examination.
    (3) Training for personnel making the repairs in paragraphs (d)(1) 
and (d)(2) of this section must include:
    (i) Proper use of the devices and tools in the applicable kits;
    (ii) Use of respiratory equipment and all other safety equipment; 
and
    (iii) Knowledge of the properties of chlorine and sulphur dioxide.
    9. In Sec.  173.12, paragraph (c) introductory text would be 
revised to read as follows:


Sec.  173.12  Exceptions for shipments of waste materials.

* * * * *
    (c) Reuse of packagings. A previously used packaging may be reused 
for the shipment of waste material transported for disposal or 
recovery, not subject to the reconditioning and reuse provisions 
contained in Sec.  173.28 and part 178 of this subchapter, under the 
following conditions:
* * * * *
    10. In Sec.  173.29, paragraph (c) introductory text would be 
revised to read as follows:


Sec.  173.29  Empty packagings.

* * * * *
    (c) Except for hazardous materials subject to Sec.  172.505, a non-
bulk packaging containing only the residue of a hazardous material 
covered by table 2 of Sec.  172.504 of this subchapter--
* * * * *
    11. In Sec.  173.31, a new paragraph (a)(7) would be added and 
paragraph (b)(2)(ii) and the last sentence of paragraph (b)(5) would be 
revised to read as follows:


Sec.  173.31  Use of tank cars.

    (a) * * *
    (7) A DOT 103 or DOT 104 tank car may continue to be used for the 
transportation of a hazardous material if it meets the requirements of 
this subchapter; however, no new construction is authorized.
    (b) * * *
    (2) * * *
    (ii) A single-unit tank car transporting a Division 6.1 PG I or II, 
or Class 2, 3, or 4 material must have a reclosing pressure relief 
device. However, a single-unit tank car built before January 1, 1991, 
and equipped with a non-reclosing pressure relief device may be used to 
transport a Division 6.1 PG I or II material or a Class 4 liquid 
provided such materials do not meet the definition of a material 
poisonous by inhalation.
* * * * *
    (b) * * *
    (5) * * * Tank cars modified before July 1, 1996, may conform to 
the bottom-discontinuity protection requirements of Appendix Y, instead 
of paragraphs E9.00 or E10.00 of the AAR Specifications for Tank Cars.
* * * * *


Sec.  173.35  [Amended]

    12. In Sec.  173.35, in paragraph (b), the wording ``Initial use 
and reuse of IBCs.'' would be removed and the wording ``Initial use and 
reuse of IBCs. (Also see Sec.  180.352 of this subchapter.)'' would be 
added in its place.
    13. In Sec.  173.50, paragraph (a) would be revised to read as 
follows:


Sec.  173.50  Class 1--Definitions.

    (a) Explosive. For the purposes of this subchapter, an explosive 
means any substance or article, including a device, which is designed 
to function by explosion (i.e., an extremely rapid release of gas and 
heat) or which, by chemical reaction within itself, is able to function 
in a similar manner even if not designed to function by explosion, 
unless the substance or article is otherwise classed under the 
provisions of this subchapter. The term includes a pyrotechnic 
substance or article, unless the substance or article is otherwise 
classed under the provisions of this subchapter.
    14. In Sec.  173.54, paragraph (c) would be revised to read as 
follows:


Sec.  173.54  Forbidden explosives.

* * * * *
    (c) A leaking or damaged package or article containing an 
explosive.
* * * * *
    15. In Sec.  173.62, paragraph (c) introductory text and in the 
Table of Packing Methods, in column 1, Packing Instructions 132(a) and 
132(b) would be revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) Explosives must be packaged in accordance with the following 
table:
* * * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                  Intermediate
        Packing instruction             Inner packagings           packagings              Outer packagings
----------------------------------------------------------------------------------------------------------------
 

[[Page 2745]]

 
                                                  * * * * * * *
132(a) For articles consisting of    Not necessary.........  Not necessary.........  Boxes--steel (4A); aluminum
 closed metal, plastics or                                                            (4B); wood, natural,
 fiberboard casings that contain                                                      ordinary (4C1); wood,
 detonating explosives, or                                                            natural, sift proof walls
 consisting of plastics-bonded                                                        (4C2); plywood (4D);
 detonating explosives..                                                              reconstituted wood (4F);
                                                                                      fiberboard (4G); plastics,
                                                                                      solid (4H2).
132(b) For articles without closed   Receptacles fiberboard  Not necessary.........  Boxes steel (4A); aluminum
 casings.                             metal plastics Sheets                           (4B); wood, natural,
                                      paper plastics.                                 ordinary (4C1); wood,
                                                                                      natural, sift proof walls
                                                                                      (4C2); plywood (4D);
                                                                                      reconstituted wood (4F);
                                                                                      fiberboard (4G); plastics,
                                                                                      solid (4H2).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  173.314  [Amended]

    16. In Sec.  173.314, the following changes would be made:a. 
Paragraph (g)(1) would be removed and reserved;
    b. In paragraph (k), the wording ``safety relief'' would be removed 
and the wording ``reclosing pressure relief'' added in its place;
    c. In paragraph (m), the wording ``safety relief'' would be removed 
and the wording ``reclosing pressure relief'' added each place it 
appears, and in the last sentence, the wording ``Safety relief'' would 
be removed and the wording ``Reclosing pressure relief'' added in its 
place.
    17. In Sec.  173.315, paragraphs (j)(2) and (k)(4) would be revised 
and in the paragraph (n)(1) table, paragraph (vi) would be added to 
read as follows:


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

* * * * *
    (j) * * *
    (2) Each container must be equipped with safety devices in 
compliance with the requirements for safety devices on containers as 
specified in NFPA 58.
* * * * *
    (k) * * *
    (4) It must conform to the applicable provisions of NFPA 58, except 
to the extent that provisions in NFPA 58 are inconsistent with 
requirements in parts 178 and 180 of this subchapter.
* * * * *
    (n) Emergency discharge control for cargo tank motor vehicles in 
liquefied compressed gas service.--(1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                          Required emergency
    Sec.   173.315(n)(1)(*)                Material              Delivery service          discharge control
                                                                                              capability
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(vi)...........................  Division 2.2 materials with  Both metered delivery   Paragraph (n)(2) of this
                                  a subsidiary hazard,         and other than          section, provided the
                                  Division 2.1 materials,      metered delivery        system operates for both
                                  and anhydrous ammonia in a   service.                metered and other than
                                  cargo tank with a capacity                           metered deliveries;
                                  of greater than 13,247.5L                            otherwise, paragraphs
                                  (3,500 water gallons).                               (n)(2) and (n)(3) of this
                                                                                       section.
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  173.319  [Amended]

    18. In Sec.  173.319, paragraph (a)(3) would be removed and 
reserved.
    19. In Sec.  173.320, paragraph (a)(2) would be revised to read as 
follows:


Sec.  173.320  Cryogenic liquids, exceptions.

    (a) * * *
    (2) Subparts A, B, C, D, G and H of part 172, (Sec. Sec.  174.24 
for rail and 177.817 for highway) and in addition, part 172 in its 
entirety for oxygen.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

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

    21. In Sec.  177.834, paragraph (a) would be revised, a new 
paragraph (b) would be added, and paragraph (g) would be reserved, to 
read as follows:


Sec.  177.834  General requirements.

    (a) Packages secured in a motor vehicle. Any package containing any 
hazardous material, not permanently attached to a motor vehicle, must 
be secured against movement, including relative motion between 
packages, within the vehicle on which it is being transported, under 
conditions normally incident to transportation. Packages having valves 
or other fittings must be loaded in a manner to minimize the likelihood 
of their damage during transportation.
    (b) Each package containing a hazardous material bearing package 
orientation markings prescribed in Sec.  172.312 of this subchapter 
must be loaded on a transport vehicle or within a freight container in 
accordance with such markings and must remain in the correct position 
indicated by the markings during transportation.
* * * * *
    (g) [Reserved]
* * * * *
    22. In Sec.  177.835, the section heading and paragraph (c)(4)(iii) 
would be revised to read as follows:


Sec.  177.835  Class 1 materials.

* * * * *
    (c) * * *
    (4) * * *
    (iii) Division 2.3, Hazard Zone A or Hazard Zone B materials or 
Division 6.1, PG I, Hazard Zone A materials, or
* * * * *
    23. In Sec.  177.837, the section heading and paragraph (a) would 
be revised to read as follows:

[[Page 2746]]

Sec.  177.837  Class 3 materials.

* * * * *
    (a) Engine stopped. Unless the engine of a cargo tank motor vehicle 
is to be used for the operation of a pump, Class 3 material may not be 
loaded into, or on, or unloaded from any cargo tank motor vehicle while 
the engine is running. The diesel engine of a cargo tank motor vehicle 
may be left running during the loading and unloading of a Class 3 
material if the ambient temperature is at or below -12 [deg]C (10 
[deg]F).
* * * * *
    24. In Sec.  177.841, the section heading and paragraph (e)(1) 
would be revised to read as follows:


Sec.  177.841  Division 6.1 and Division 2.3 materials.

* * * * *
    (e) * * *
    (1) Except as provided in paragraph (e)(3) of this section, bearing 
or required to bear a POISON or POISON INHALATION HAZARD label or 
placard in the same motor vehicle with material that is marked as or 
known to be foodstuffs, feed or edible material intended for 
consumption by humans or animals unless the poisonous material is 
packaged in accordance with this subchapter and is:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    26. In Sec.  178.45, in paragraph (h) introductory text, the first 
sentence would be revised to read as follows:


Sec.  178.45  Specification 3T seamless steel cylinder.

* * * * *
    (h) Ultrasonic examination. After the hydrostatic test, the 
cylindrical section of each vessel must be examined in accordance with 
ASTM Standard E 213 for shear wave and E 114 for straight beam (see 
Sec.  171.7of this subchapter.) * * *
* * * * *

PART 179--SPECIFICATION FOR TANK CARS

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

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

    28. In Sec.  179.1, paragraph (a) would be revised to read as 
follows:


Sec.  179.1  General.

    (a) This part prescribes the specifications for tanks that are to 
be mounted on or form part of a tank car and which are to be marked 
with a DOT specification.
* * * * *
    29. In 179.3, paragraphs (b) and (c) would be revised to read as 
follows:


Sec.  179.3  Procedure for securing approval.

* * * * *
    (b) When, in the opinion of the Committee, such tanks or equipment 
are in compliance with the requirements of this subchapter, the 
application will be approved.
    (c) When such tanks or equipment are not in compliance with the 
requirements of this subchapter, the Committee may recommend service 
trials to determine the merits of a change in specifications. Such 
service trials may be conducted only if the builder or shipper applies 
for and obtains an exemption.
    30. Sec.  179.5 would be amended as follows:
    a. In paragraph (a), the wording ``owner, the Department, and'' 
would be removed and the wording ``owner and'' added in its place;
    b. In paragraph (b), the last sentence would be removed;
    c. In paragraph (d), in the first sentence, the word ``Secretary'' 
would be removed and the wording ``Executive Director--Tank Car Safety, 
AAR'' added in its place and in the second sentence, the wording 
``Bureau of Explosives'' would be removed and the wording ``Executive 
Director--Tank Car Safety, AAR'' added in its place; and
    d. Paragraph (c) would be revised to read as follows:


Sec.  179.5  Certificate of construction.

* * * * *
    (c) If the owner elects to furnish service equipment, the owner 
shall furnish the Executive Director--Tank Car Safety, AAR, a report in 
prescribed form, certifying that the service equipment complies with 
all the requirements of the specifications.
* * * * *
    31. In Sec.  179.7, paragraph (f) would be revised to read as 
follows:


Sec.  179.7  Quality assurance programs.

* * * * *
    (f) No tank car facility may manufacture, repair, inspect, test, 
qualify or maintain tank cars subject to requirements of this 
subchapter, unless it is operating in conformance with a quality 
assurance program and written procedures required by paragraphs (a) and 
(b) of this section.


Sec.  179.100-13  [Amended]

    32. In Sec.  179.100-13, in paragraphs (b) and (c), the wording 
``except as prescribed in Sec.  179.102 or Sec.  179.130'' would be 
removed and the wording ``except as prescribed in Sec. Sec.  
173.314(j), 179.102 or 179.103'' added in its place.
    33. In Subpart D, the heading for Subpart D would be revised to 
read as follows:

Subpart D--Specifications for Non-pressure Tank Car Tanks (Classes 
DOT-111AW and 115AW)

* * * * *
    34. In Sec.  179.200, the section heading would be revised to read 
as follows:


Sec.  179.200  General specifications applicable to non-pressure tank 
car tanks (Class DOT-111).

* * * * *


Sec.  179.200-14  [Amended]

    35. In Sec.  179.200-14, in paragraph (a), the wording ``, or in a 
dome for Class DOT-103 and 104 type cars'' would be removed and 
paragraph (f) would be removed.


Sec.  179.200-23  [Amended]

    36. In Sec.  179.200-23, the section heading would be amended by 
removing the word ``safety'' and adding the word ``pressure'' in its 
place.


Sec.  179.200-24  [Amended]

    37. In Sec.  179.200-24, in the table, column 2 would be amended by 
removing the wording ``DOT-103-W'' and adding the wording ``DOT 111A'' 
in its place.


Sec.  179.201-1  [Amended]

    38. In Sec.  179.201-1, the table would be amended by removing the 
entries for DOT specification 103A-ALW, 103AW, 103ALW, 103ANW, 103BW, 
103CW, 103DW, 103EW, 103W, and 104W tank cars.


Sec.  179.201-2  [Removed and Reserved]

    39. Section 179.201-2 would be removed and reserved.


Sec.  179.201-3  [Amended]

    40. In Sec.  179.201-3, in paragraph (b), the wording ``DOT-103B, 
103BW, 111A60W5'' would be removed and the wording ``DOT-111A60W5'' 
added in its place.
    41. In Sec.  179.201-6, the following changes would be made:
    a. In paragraph (a), the wording ``103ALW, 103DW, 103W,'' would be 
removed;
    b. In paragraph (b), the wording ``103BW,'' would be removed;
    c. In paragraph (c), the wording ``DOT-103CW, 103DW, 103EW,'' would

[[Page 2747]]

be removed and the word ``DOT'' added in its place; and
    d. Paragraph (d) would be removed.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

    Authority: 49 U.S.C. 5151-5127; 49 CFR 1.53.

    43. In Sec.  180.507, a new paragraph (b)(5) would be added to read 
as follows:


Sec.  180.507  Qualification of tank cars.

* * * * *
    (b) * * *
    (5) Specification DOT 103A-ALW, 103AW, 103ALW, 103ANW, 103BW, 
103CW, 103DW, 103EW, and 104W tank cars may continue in use, but new 
construction is not authorized.

    Issued in Washington, DC on January 7, 2003, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 03-580 Filed 1-17-03; 8:45 am]
BILLING CODE 4910-60-P