[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Rules and Regulations]
[Pages 48562-48572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20508]


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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: Final rule.

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SUMMARY: This final rule amends the Hazardous Materials Regulations by 
incorporating miscellaneous changes based on petitions for rulemaking 
and RSPA initiatives. The intended effect of these regulatory changes 
is to update, clarify or provide relief from certain regulatory 
requirements.

DATES: Effective Date: The effective date of these amendments is 
October 1, 2003.
    Incorporation by Reference Date: The incorporation by reference of 
certain publications listed in these amendments is approved by the 
Director of the Federal Register as of October 1, 2003.

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 final rule will primarily 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 eliminating, revising, clarifying and relaxing regulatory 
requirements. On January 21, 2003, RSPA published a Notice of Proposed 
Rulemaking (NPRM) under Docket RSPA-02-13773 (HM-218B; 68 FR 2734). The 
NPRM contained information concerning each proposal and invited public 
comment. Readers should refer to the NPRM for additional background 
discussion.
    RSPA received eleven comments in response to the NPRM. These 
comments were submitted by representatives of trade associations, such 
as the American Chemical Council, the American Pyrotechnics 
Association, and the Chlorine Institute; hazardous materials consulting 
firms; chemical manufacturers; and carriers of hazardous materials. 
Most commenters expressed support for various proposals, but several 
commenters raised concerns about certain provisions in the proposal 
that are discussed below.
    The following is a section-by-section summary of changes and, where 
applicable, a discussion of comments received.

Section-by-Section Review

Part 171

Section 171.7
    We are revising this section to update certain incorporation by 
reference materials and are adding three new entries. We are updating 
the following previously approved pamphlets and standards:

--CGA Pamphlet C-6.2, Guidelines for Visual Inspection and 
Requalification of Fiber Reinforced High Pressure Cylinders, 1996 
edition. The 1996 edition of CGA Pamphlet C-6.2 simply makes editorial 
changes to the 1988 edition.
--CGA Pamphlet C-11, Recommended Practices for Inspection of Compressed 
Gas Cylinders at Time of Manufacture, 2001 edition. This new edition of 
CGA Pamphlet C-11 adds Transport Canada requirements and clarifies 
existing text.
--CGA Pamphlet C-13, Guidelines for Periodic Visual Inspection and 
Requalification of Acetylene Cylinders, 2000 edition. This new edition 
of CGA Pamphlet C-13 adds acetylene cylinders to the rejection 
criteria, allows condemned acetylene cylinders to be permanently marked 
as such, and changes the time parameters for requalification of the 
porous mass.
--CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2001 edition (with the exception of 
paragraph 9.1.1.1). This new edition adds a definition and requirements 
for the new PRD CG-10 device.
--NFPA 58--Liquefied Petroleum Gas Code, 2001 edition.

    We are also incorporating by reference the 2001 edition of the 
American Pyrotechnics Association's Standard 87-1, Standard for 
Construction and Approval for Transportation of Fireworks, Novelties, 
and Theatrical Pyrotechnics, which establishes a ten-inch limit on 
aerial shells for fireworks that may be classed as Division 1.3 
explosives.
    We are updating the entry for the Association of American Railroads 
(AAR) Manual of Standards and Recommended Practices, Section C--Part 
III, Specifications for Tank Cars, Specification M-1002 by adding the 
2000 edition and removing the entries for the 1992 and 1996 edition.
    We are adding 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 which is used in conjunction with ASTM E 
213-98 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 213-98 was incorporated by reference in 
a final rule published in the Federal Register on August 8, 2002 
(Docket HM-220D, 67 FR 51626). Two commenters requested we incorporate 
by reference the ASTM E 114-95 (2001) test method and the ASTM E 213-02 
to reflect the latest version of these standards. Because we did not 
propose to incorporate the newer editions of these standards in the 
NPRM, we are not incorporating them at this time. These standards may 
be considered for incorporation by reference in a future rulemaking.
    We are also adding the Chlorine Institute's 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.)
Section 171.15
    In the NPRM we proposed to move a shipper requirement 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 from

[[Page 48563]]

Sec. Sec.  173.314(g)(1) and 173.319(a)(3) to Sec.  171.15. We also 
proposed to require notification to the Federal Railroad Administration 
(FRA) instead of the BOE by ``the person with knowledge (shipper or 
carrier).'' Commenters generally supported notification to the FRA, 
however, two commenters opposed moving the reporting requirements into 
Sec.  171.15 because ``the reporting requirement for late delivery of 
time sensitive materials does not meet the criteria of reporting under 
Sec.  171.15.'' The commenters opposed assignment of the reporting 
responsibility to ``the person with knowledge (shipper or carrier)'' 
and said this language is not specific enough and could cause 
``instances of noncompliance'' where the shipper believes the carrier 
is the ``person with knowledge'' and vice versa. Commenters are also 
divided on who should be assigned the reporting responsibility. Some 
commenters want the responsibility assigned to the shipper, others to 
the carrier. Another commenter objected to having to choose from 
multiple telephone numbers depending on time of day to report these 
late shipments. Based on valid concerns from commenters that the 
reporting requirements for late shipments do not fit the reporting 
criteria under Sec.  171.15 and the various other issues raised by 
commenters that we need to further review, we are not adopting this 
proposal at this time.

Part 172

Section 172.101
    We are amending 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 corrects an 
oversight in previous rulemakings and is consistent with the entries 
for ``Petroleum gases, liquefied'' and other hydrocarbons.
    We are adding 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 are 
amending the HMT by adding Special Provisions B9 and B14; and for Zone 
C Toxic Inhalation Hazard entries with the same ID numbers, we are 
adding Special Provision B14. The special provisions were inadvertently 
omitted in previous rulemakings.
    In the NPRM, we proposed to remove the letter ``I'' in column (1) 
of the HMT 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. The letter ``I'' identifies proper shipping names which 
are appropriate for describing materials in international 
transportation. A commenter pointed out that removal of the letter 
``I'' in column 1 of the HMT from these Division 2.3 materials, which 
show a Class 8 subsidiary hazard, is inappropriate because the 
definition of Class 8 in Sec.  173.136 is limited to solid and liquid 
materials. A Class 8 subsidiary hazard for Division 2.3 materials is 
only prescribed under international regulations. RSPA agrees with the 
commenter; therefore, this proposal is not adopted.
    For the entry ``Liquefied gas, toxic, oxidizing, corrosive, 
n.o.s.'' Hazard Zones B, C and D, we are correcting a typographical 
error in the subsidiary labeling requirements by removing the Division 
2.1 label requirement and adding the Division 5.1 label in its place.
    We are revising the entry for ``Gas sample, non-pressurized, toxic, 
n.o.s., UN 3169'' by adding Special Provision 6 in column (7) of the 
HMT. The entry is classed as a Division 2.3 poisonous gas and must be 
described as an inhalation hazard under the provisions of the HMR. A 
commenter pointed out that the entry ``Gas sample, non-pressurized, 
toxic, flammable, n.o.s., UN 3168'' which is also a Division 2.3 gas 
and must be described as an inhalation hazard material, should also be 
assigned Special Provision 6. We agree with the commenter and are 
revising the entry for ``Gas sample, non-pressurized, toxic, flammable, 
n.o.s., UN 3168'' in the HMT accordingly.
Section 172.504
    We are revising paragraph (d) to clarify that the placarding 
exception for non-bulk packagings containing only the residue of a 
hazardous material covered by table 2 does not apply to materials 
subject to the subsidiary placarding requirements in Sec.  172.505 
(e.g., poison inhalation hazard). A material subject to the subsidiary 
placarding requirements in Sec.  172.505 requires placarding for the 
subsidiary hazard in addition to any other required placards regardless 
of quantity.

Part 173

Section 173.3
    We are revising Sec.  173.3 to allow a DOT 3A480 or 3AA480 cylinder 
containing chlorine or sulphur dioxide (both materials poisonous by 
inhalation) that has developed a leak in the valve or fusible plug to 
be temporarily repaired using a Chlorine Institute Emergency Kit ``A'' 
and be transported by private or contract carrier one time, one way, 
from the point of discovery to the appropriate facility for discharge 
and examination. Similarly, we are allowing a DOT 106A500 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 Emergency Kit ``B.'' We have authorized the use of 
the kits under the exemption program for several years with 
satisfactory shipping experience. Adopting these exemption provisions 
into the regulations will eliminate the need for an exemption and 
facilitate the movement of affected containers to appropriate 
facilities. We are also correcting a typographical error in the 
paragraph (d) heading to read ``DOT 106A500'' instead of ``DOT 
105A500''. The commenters supported the proposal; however, several 
commenters requested that use of the ``A'' and ``B'' kits be extended 
to other specification packagings as well as to other compressed gases. 
Our proposal in the NPRM is based on a satisfactory shipping record 
under the exemption program using the ``A'' kits to temporarily repair 
leaking 3A480 and 3AA480 cylinders and the ``B'' kits to temporarily 
repair DOT 106A500 multi-unit tank car tanks containing chlorine or 
sulphur dioxide. Therefore, we are adopting the amendment as proposed. 
While other materials might develop a satisfactory shipping record if 
tested, neither RSPA nor FRA is aware of significant experience in the 
use of ``A'' or ``B'' kits for commodities other than chlorine or 
sulphur dioxide or for containers other than the specification 3A480/
3AA480 cylinders or DOT 106A500 multi-unit tank car tanks. Proponents 
of this expansion have not presented sufficient or convincing evidence 
to substantiate a more extensive amendment to the HMR. Including other 
types of packagings and materials is outside the scope of this 
rulemaking and may be considered in a future rulemaking.
Section 173.12
    We are revising Sec.  173.12(c) to authorize the reuse of 
packagings for shipments of all wastes, not just waste

[[Page 48564]]

materials subject to EPA waste manifest requirements, to designated 
facilities. This includes shipments of spent/waste materials which are 
being returned to or shipped to an EPA licensed and certified Storage 
or Disposal facility, but are not subject to the Uniform Hazardous 
Waste Manifest requirements of the U.S. Environmental Protection 
Agency.
Section 173.29
    We are revising paragraph (c) to clarify that the placarding 
exceptions for non-bulk packages containing only the residue of a Sec.  
172.504 Table 2 material do not apply to materials subject to the 
subsidiary placarding requirements in Sec.  172.505. A material subject 
to the subsidiary placarding requirements in Sec.  172.505 requires 
placarding for the subsidiary hazard in addition to any other required 
placards regardless of quantity.
Section 173.31
    We are adding a new paragraph authorizing the continued use of 
existing DOT-103 and 104 tank cars, if they meet all applicable 
requirements. No new construction of these tanks is authorized. We are 
also revising paragraph (b)(2)(ii) for clarity by removing the 
reference to ``Chloroprene, inhibited'' since Special Provision B57 
addresses the requirements for chloroprene in class DOT-115A tank cars, 
and by removing the last sentence since ``breather holes'' are not 
authorized in the HMR. In addition, we are revising paragraph (b)(5) to 
reflect changes to Appendix Y of the AAR Specifications for Tank Cars. 
This change recognizes the 2000 edition of Appendix Y in the AAR Tank 
Car Manual.
Section 173.35
    In paragraph (b), we are adding, 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
    We are adding a statement indicating that pyrotechnic substances 
and articles are considered explosives unless otherwise classed. The 
definition of ``explosive'' in Sec.  173.50 previously did not 
specifically include pyrotechnics.
Section 173.54
    We are revising paragraph (c) to forbid offering for transportation 
a leaking or damaged article, even if not in a package. This is in 
addition to the existing prohibition of offering a leaking or damaged 
package of explosives for transportation.
Section 173.62
    We are revising 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 removing the wording ``safety relief'' and adding the 
wording ``reclosing pressure relief'' in its place in paragraphs (k) 
and (m) for consistency.
Section 173.315
    Currently, the HMR appear to require that cargo tank motor vehicles 
(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 must be equipped with both a passive and 
an off-truck remote means of emergency discharge control. We are 
revising Sec.  173.315(n)(1)(vi) to 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 only 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 must also be equipped with an off-truck remote emergency 
discharge control system.
Section 173.320
    We are amending paragraph (a)(2) by adding the requirements in 
subparts G (Emergency Response Information) and H (Training) of part 
172 for transportation of cryogenic liquids by rail or highway. We 
never intended to except shipments of cryogenic liquids from these 
requirements.

Part 177

Section 177.834
    We are amending 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. We are also incorporating into paragraph (a) the 
closely related requirements in Sec.  177.834(g) to prevent relative 
motion between the hazardous material packages themselves and between 
packages and the vehicle and to ensure that packages that have valves 
or other fittings be loaded in a manner that minimizes the likelihood 
of damage during transportation to the valves, other fittings or, as 
clarified in this final rule, other hazardous materials packages. 
Securement of packages containing hazardous materials to prevent 
movement during transportation reduces the potential for damage to 
packages and thus, enhances transportation safety.
    Also, for consistency with similar requirements in Parts 174, 175, 
and 176, we are adding a new paragraph (b) to clarify that packages 
bearing orientation markings must be loaded in such a way that they 
remain in the correct position as indicated by the markings.
Section 177.835
    Currently Sec.  177.835 prohibits carrying a Division 1.1 or 
Division 1.2 material on any vehicle or a combination of vehicles if 
the other vehicle is carrying a Division 2.3 or Division 6.1 material. 
The segregation table in Sec.  177.848 restricts loading and 
transporting of a Division 1.1 or 1.2 material with a material 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 
revising Sec.  177.835(c)(4)(iii) to limit the segregation restriction 
for a Division 1.1 or Division 1.2 explosive material 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
    We are amending 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). 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. Leaving a motor vehicle engine running 
in ambient temperatures of below -12 [deg]C (10 [deg]F) enhances 
operating benefits without compromising safety.
Section 177.841
    We are revising paragraph (e) to expand the prohibition of 
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. Under 
Sec.  172.514(c) certain small bulk packagings may either be placarded 
or labeled.

[[Page 48565]]

Part 178

Section 178.45
    We are revising 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 stated earlier in this preamble in the 
discussion to Sec.  171.7.

Part 179

    We are removing the specifications and all references to class DOT-
103 and 104 tanks cars from this part since new construction of these 
tank cars is no longer authorized. (Continued use of class 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 used to transport hazardous 
materials are subject to the jurisdiction of DOT. For consistency with 
Sec. Sec.  171.2(c) and 180.3(a), we are revising paragraph (a) to 
clarify that any tank represented as a DOT specification tank, even 
when used to transport non-regulated commodities, is subject to the 
HMR.
Section 179.3
    We are revising Sec.  179.3 for clarity.
Section 179.5
    We are revising this section by removing an obsolete requirement to 
furnish a Certificate of Construction to DOT.
Section 179.7
    In paragraph (f), we are removing an outdated compliance date.
Section 179.100-13
    In paragraphs (b) and (c), we are adding, for purposes of 
clarification, a reference to Sec.  173.314(j), which contains excess 
flow valve requirements for flammable gases.

Part 179 Subpart D

    In the heading for Subpart D, we are removing the reference to 
class DOT-103 and DOT-104 tank cars.
Section 179.200
    In the section heading, we are removing the reference to class DOT-
103 and DOT-104 tank cars.
Section 179.200-14
    In the NPRM, we proposed to remove the reference to class DOT-103 
and DOT-104 tank cars in paragraph (a). In this section, for the 
convenience of HMR readers, because the continued use of Class DOT 103 
and 104 tank cars is authorized, we are not adopting this proposal.
Section 179.200-23
    We are amending the section heading by removing the words ``safety 
relief'' and adding ``pressure relief'' in their place.
Section 179.200-24
    We are amending the table by removing the reference to a class DOT-
103W tank car and adding a reference to a class DOT-111A tank car in 
its place.
Section 179.201-1
    We are amending the table by removing the entries for class DOT-103 
and DOT-104 tank cars because new construction of these tank cars is no 
longer authorized. (Continued use of class 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, 
Sec.  179.201-2 is removed and reserved.
Section 179.201-3
    We are amending paragraph (b) by removing the reference to DOT-103 
tank cars.
Section 179.300-17
    In this final rule, in Sec.  171.7 we are amending the ``Table of 
material incorporated by reference'' by updating the entry for the AAR 
Specifications for Tank Cars from the 1996 edition to the 2000 edition. 
See Sec.  171.7 preamble discussion. Therefore, we are amending 
paragraph (b) for clarity and removing the reference to the January 
1996 edition of the AAR Specifications for Tank Cars.

Part 180

Section 180.209
    In this final rule, we are incorporating by reference CGA Pamphlet 
C-13, Guidelines for Periodic Visual Inspection and Requalification of 
Acetylene Cylinders (see Sec.  171.7 preamble). CGA Pamphlet C-13 
changes the time parameters for requalification of the porous mass of 
acetylene cylinders from ``no sooner than 3 years'' to ``no sooner than 
5 years.'' Consequently, we are also revising paragraph Sec.  
180.209(i) to reflect this change.
Section 180.507
    We are adding 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 final 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 final 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 final rule, we are amending miscellaneous provisions in the 
HMR to clarify the provisions and to relax requirements where 
warranted; responding to requests from industry associations to update 
references to standards that are incorporated in the HMR, and making 
certain technical corrections. These changes will enhance safety. The 
impact of these amendments is believed to be so minimal that a 
regulatory evaluation is not warranted. In the NPRM, we invited public 
comments on any impacts of the proposed changes. We did not receive any 
comments regarding the impacts of these changes.

B. Executive Order 13132

    This final 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.

[[Page 48566]]

    This final rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous materials, among other covered 
subjects and preempts any State, local, or Indian tribe requirements 
concerning these subjects unless the non-Federal requirements are 
``substantively the same'' (see 49 CFR 107.202(d)) as the Federal 
requirements.
    Federal 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. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
The effective date of preemption is 90 days from the publication of 
this final rule in the Federal Register.

C. Executive Order 13175

    This final 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 final 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, Executive Order 13272, and DOT 
Procedures and Policies

    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 
final rule amends miscellaneous provisions in the HMR to clarify 
provisions based on our own initiative and also on petitions for 
rulemaking. While maintaining safety, it relaxes certain requirements 
that are overly burdensome and updates references to consensus 
standards that are incorporated in the HMR.
    These amendments are generally intended to provide relief to 
shippers, carriers, and packaging manufacturers, including small 
entities. In addition, we are updating references to standards that are 
incorporated in the HMR; industry associations, representing large and 
small entities, requested these changes.
    This final rule enhances safety, and I certify that this final rule 
does not have a significant economic impact on a substantial number of 
small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
draft rules on small entities are properly considered.

E. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

F. Unfunded Mandates Reform Act

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

G. Environmental Assessment

    There are no significant environmental impacts associated with this 
final rule. An environmental assessment is available in the docket for 
this rulemaking. We received no comments concerning environmental 
impacts.

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, Incorporation by reference, 
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, 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 carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.


0
In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

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


0
2. In Sec.  171.7, in the paragraph (a)(3) table:
0
a. Under the entry ``American Pyrotechnics Association (APA),'' the 
entry is revised;
0
b. Under the entry ``American Society for Testing and Materials,'' a 
new entry is added in appropriate alphabetical order;
0
c. Under the entry ``Association of American Railroads,'' the first 
entry is removed and the second entry is revised;
0
d. Under the entry ``Chlorine Institute, Inc.,'' two new entries are 
added in appropriate alphabetical order;
0
e. Under the entry ``Compressed Gas Association, Inc.,'' the entries 
for pamphlets C-6.2, C-11, C-13, and S-1.1 are revised;
0
f. Under the entry ``National Fire Protection Association,'' the entry 
is revised.
    The revisions and additions read as follows:


Sec.  171.7  Reference material.

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

[[Page 48567]]



------------------------------------------------------------------------
      Source and name of material                49 CFR reference
------------------------------------------------------------------------
                              * * * * * * *
American Pyrotechnics Association (APA)
                              * * * * * * *
APA Standard 87-1, Standard for          173.56
 Construction and 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      178.45
 Ultrasonic 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,
 Practices, Section C--Part III,          179.12, 179.15, 179.16,
 Specifications for Tank Cars,            179.20, 179.22, 179.100,
 Specification M-1002, December 2000.     179.101, 179.102, 179.103,
                                          179.200, 179.201, 179.220,
                                          179.300, 179.400, 180.509,
                                          180.513, 180.515, 180.517.
                              * * * * * * *
Chlorine Institute, Inc.
                              * * * * * * *
Chlorine Institute Emergency Kit ``A''   173.3
 for 100-lb. & 150-lb. Chlorine
 Cylinders (with the exception of
 repair method using Device 8 for side
 leaks), Edition 9, June 2000.
Chlorine Institute Emergency Kit ``B''   173.3
 for Chlorine Ton Containers (with the
 exception of repair method using
 Device 9 for side leaks) Edition 8,
 June 1996.
                              * * * * * * *
Compressed Gas Association, Inc.
                              * * * * * * *
CGA Pamphlet C-6.2, Guidelines for       180.205
 Visual Inspection and Requalification
 of Fiber Reinforced High Pressure
 Cylinders, 1996, Third Edition.
                              * * * * * * *
CGA Pamphlet C-11, Recommended           178.35
 Practices for Inspection of Compressed
 Gas Cylinders at Time of Manufacture,
 2001, Third Edition.
                              * * * * * * *
CGA Pamphlet C-13, Guidelines for        173.303, 180.205, 180.209
 Periodic Visual Inspection and
 Requalification of Acetylene
 Cylinders, 2000, Fourth Edition.
                              * * * * * * *
CGA Pamphlet S-1.1, Pressure Relief      173.301, 173.304a
 Device Standards--Part 1--Cylinders
 for Compressed Gases, 2001 (with the
 exception of paragraph 9.1.1.1), Ninth
 Edition.
                              * * * * * * *
National Fire Protection Association
                              * * * * * * *
NFPA 58-Liquefied Petroleum Gas Code,    173.315
 2001 Edition.
                              * * * * * * *
------------------------------------------------------------------------

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

0
3. The authority citation for part 172 continues to read as follows:

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


0
4. In Sec.  172.101, the Hazardous Materials Table is amended by adding 
and revising, in the appropriate alphabetical sequence, the following 
entries to read as follows:

[[Page 48568]]



                                                                                                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 provisions
               proper shipping        division           numbers                                                           Exceptions    Non-bulk     Bulk    Passenger aircraft/  Cargo aircraft only    Location          Other
                    names                                                                                                                                             rail
(1)           (2)..............  (3)                (4)                 (5)  (6).................  (7)..................  (8A)........  (8B).....  (8C).....  (9A)...............  (9B)...............  (10A)        (10B)
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½--------------------
                                                                                                              * * * * * * *
[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.
                                                                                                              * * * * * * *
GI..........  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.
GI..........  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.
                                                                                                              * * * * * * *
GI..........  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.
GI..........  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.
                                                                                                              * * * * * * *
GI..........  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.
GI..........  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                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,        2.3                UN3168            .....  2.3, 2.1............  6....................  306.........  302......  None.....  Forbidden..........  1 L................  D            ...................
               nonpressurized,
               toxic,
               flammable,
               n.o.s., not
               refrigerated
               liquid.
              Gas sample,        2.3                UN3169            .....  2.3.................  6....................  306.........  302, 304.  None.....  Forbidden..........  1 L................  D            ...................
               nonpressurized,
               toxic, n.o.s.,
               not refrigerated
               liquid.
                                                                                                              * * * * * * *
GI..........  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.
GI..........  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.
                                                                                                              * * * * * * *
GI..........  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.
GI..........  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.
                                                                                                              * * * * * * *
GI..........  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.
GI..........  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.
GI..........  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,
               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,
               n.o.s.
               Inhalation
               Hazard Zone C.
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 48569]]


0
5. In Sec.  172.504, paragraph (d) is 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

0
6. The authority citation for part 173 continues to read as follows:

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


0
7. In Sec.  173.3, a new paragraph (d) is added to read as follows:


Sec.  173.3  Packaging and exceptions.

* * * * *
    (d) Emergency transportation of DOT 3A480 or 3AA480 cylinders and 
DOT 106A500 multi-unit tank car tanks. (1) A DOT 3A480 or DOT 3AA480 
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'' (IBR, see Sec.  171.7 of 
this subchapter). The repaired cylinder is authorized to 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 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'' (IBR, see Sec.  171.7 of this subchapter). The 
repaired tank is authorized to 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.
    (4) Packagings repaired with ``A'' or ``B'' kits must be properly 
blocked and braced to ensure the packagings are secured in the 
transport vehicle.

0
8. In Sec.  173.12, paragraph (c) introductory text is 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:
* * * * *

0
9. In Sec.  173.29, paragraph (c) introductory text is 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--
* * * * *

0
10. In Sec.  173.31, a new paragraph (a)(7) is added, and paragraphs 
(b)(2)(ii) and the last sentence of (b)(5) are revised to read as 
follows:


Sec.  173.31  Use of tank cars.

    (a) * * *
    (7) A class 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 and the design requirements in Part 179 of this 
subchapter in effect on September 30, 2003; 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]

0
11. In Sec.  173.35, in paragraph (b), the wording ``Initial use and 
reuse of IBCs.'' is removed and the wording ``Initial use and reuse of 
IBCs. (Also see Sec.  180.352 of this subchapter.)'' is added in its 
place.

0
12. In Sec.  173.50, paragraph (a) is 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.
* * * * *

0
13. In Sec.  173.54, paragraph (c) is revised to read as follows:


Sec.  173.54  Forbidden explosives.

* * * * *
    (c) A leaking or damaged package or article containing an 
explosive.
* * * * *

0
14. 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) 
are 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 48570]]

 
                                                  * * * * * * *
132(a) For articles consisting of    Not necessary.........  Not necessary.........  Boxes.--steel (4A);
 closed metal, plastic or                                                             aluminum (4B); wood,
 fiberboard casings that contian                                                      natural; ordinary (4C1);
 detonating explosives, or                                                            wood, natural, sift proof
 consisting of plastics-bonded                                                        walls (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.                                 (4B); wood, natural,
                                      Sheets paper plastics.                          ordinary (4C1); wood,
                                                                                      natural, sift proof walls
                                                                                      (4C2); plywood (4D);
                                                                                      reconstituted wood (4F);
                                                                                      fiberboard (4G); plastics,
                                                                                      solid (4H2).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  173.314  [Amended]

0
15. In Sec.  173.314, the following changes are made:
0
a. In paragraph (k), the wording ``safety relief'' is removed and the 
wording ``reclosing pressure relief'' is added in its place;
0
b. In paragraph (m), the wording ``safety relief'' is removed and the 
wording ``reclosing pressure relief'' is added each place it appears, 
and in the last sentence, the wording ``Safety relief'' is removed and 
the wording ``Reclosing pressure relief'' is added in its place.

0
16. In Sec.  173.315, paragraphs (j)(2) and (k)(4) are revised and in 
the paragraph (n)(1) table, paragraph (vi) is 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 (IBR, see Sec.  171.7 of this subchapter).
* * * * *
    (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    Both metered delivery     Paragraph (n)(2) of
                                      with a subsidiary         and other than metered    this section, provided
                                      hazard, Division 2.1      delivery service.         the system operates
                                      materials, and                                      for both metered and
                                      anhydrous ammonia in a                              other than metered
                                      cargo tank with a                                   deliveries; otherwise,
                                      capacity of greater                                 paragraphs (n)(2) and
                                      than 13,247.5 L (3,500                              (n)(3) of this
                                      water gallons).                                     section.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
17. In Sec.  173.320, paragraph (a)(2) is 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

0
18. The authority citation for part 177 continues to read as follows:

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


0
19. In Sec.  177.834, paragraph (a) is revised, paragraph (b) is added, 
and paragraph (g) is 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 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]
* * * * *

0
20. In Sec.  177.835, the section heading and paragraph (c)(4)(iii) are 
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
* * * * *

0
21. In Sec.  177.837, the section heading and paragraph (a) are revised 
to read as follows:

[[Page 48571]]

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 atmospheric temperature is at or below -12 
[deg]C (10 [deg]F).
* * * * *

0
22. In Sec.  177.841, the section heading and paragraph (e)(1) are 
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

0
23. The authority citation for part 178 continues to read as follows:

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


0
24. In Sec.  178.45, in paragraph (h) introductory text, the first 
sentence is 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 (IBR, 
see Sec.  171.7 of this subchapter). * * *
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
25. The authority citation for part 179 continues to read as follows:

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


0
26. In Sec.  179.1, paragraph (a) is 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.
* * * * *

0
27. In 179.3, paragraphs (b) and (c) are 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.

0
28. Sec.  179.5 is amended as follows:
0
a. In paragraph (a), the wording ``owner, the Department, and'' is 
removed and the wording ``owner and'' is added in its place;
0
b. In paragraph (b), the last sentence is removed;
0
c. In paragraph (d), in the first sentence, the word ``Secretary'' is 
removed and the wording ``Executive Director--Tank Car Safety, AAR'' is 
added in its place and in the second sentence, the wording ``Bureau of 
Explosives'' is removed and the wording ``Executive Director--Tank Car 
Safety, AAR'' is added in its place; and
0
d. Paragraph (c) is 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.
* * * * *

0
29. In Sec.  179.7, paragraph (f) is 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]

0
30. In Sec.  179.100-13, in paragraphs (b) and (c), the wording 
``except as prescribed in Sec.  179.102 or Sec.  179.103'' is removed 
and the wording ``except as prescribed in Sec. Sec.  173.314(j), 
179.102 or 179.103'' is added in its place.

0
31. In Subpart D, the heading for Subpart D is revised to read as 
follows:

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

* * * * *

0
32. In Sec.  179.200, the section heading is 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]

0
33. In Sec.  179.200-14, paragraph (f) is removed.


Sec.  179.200-23  [Amended]

0
34. In Sec.  179.200-23, the section heading is amended by removing the 
word ``safety'' and adding the word ``pressure'' in its place.


Sec.  179.200-24  [Amended]

0
35. In Sec.  179.200-24, in the table, column 2 is amended by removing 
the wording ``DOT-103-W'' and adding the wording ``DOT 111A'' in its 
place.


Sec.  179.201-1  [Amended]

0
36. In Sec.  179.201-1, the table is amended by removing the following 
entries: DOT-103A-ALW, 103AW, 103ALW, 103ANW, 103BW, 103CW, 103DW, 
103EW, 103W, and 104W tank cars.


Sec.  179.201-2  [Removed and Reserved]

0
37. Section 179.201-2 is removed and reserved.


Sec.  179.201-3  [Amended]

0
38. In Sec.  179.201-3, in paragraph (b), the wording ``DOT-103B, 
103BW, 111A60W5'' is removed and the wording ``DOT-111A60W5'' is added 
in its place.

0
39. Sec.  179.201-6 is amended as follows:
0
a. In paragraph (a), the wording ``103ALW, 103DW, 103W,'' is removed;
0
b. In paragraph (b), the wording ``103BW,'' is removed;
0
c. In paragraph (c), the wording ``DOT-103CW, 103DW, 103EW,'' is 
removed and the word ``DOT'' is added in its place; and

[[Page 48572]]

0
d. Paragraph (d) is removed.

0
40. In Sec.  179.300-17, paragraph (b) is revised to read as follows:


Sec.  179.300-17  Tests of pressure relief devices.

* * * * *
    (b) Rupture disks of non-reclosing pressure relief devices must be 
tested and qualified as prescribed in Appendix A, Paragraph 5, of the 
AAR Manual of Standards and Recommended Practices, Section C--Part III, 
Specifications for Tank Cars, Specification M-1002 (IBR, see Sec.  
171.7 of this subchapter).
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
41. The authority citation for part 180 continues to read as follows:

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


Sec.  180.209  [Amended]

0
42. In Sec.  180.209, in the paragraph (i) table, Note 2 is amended by 
removing the wording ``3 years'' and adding the wording ``5 years'' in 
its place.

0
43. In Sec.  180.507, paragraph (b)(5) is 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 August 6, 2003, under authority 
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 03-20508 Filed 8-13-03; 8:45 am]
BILLING CODE 4910-60-P