[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Rules and Regulations]
[Pages 57629-57634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24814]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 175, 176, 177, 178, and 179

[Docket No. RSPA-03-16099 (HM-189V)]
RIN 2137-AD85


Hazardous Materials Regulations: Minor Editorial Corrections and 
Clarifications

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

ACTION: Final rule.

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

SUMMARY: This final rule corrects editorial errors, makes minor 
regulatory changes and, in response to requests for clarification, 
improves the clarity of certain provisions in the Hazardous Materials 
Regulations (HMR). The

[[Page 57630]]

intended effect of this rule is to enhance the accuracy and reduce 
misunderstandings of the regulations. The amendments contained in this 
rule are minor changes and do not impose new requirements.

DATES: Effective date: October 1, 2003.

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

SUPPLEMENTARY INFORMATION:

I. Background

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

II. Section-by-Section Review

Part 171

    Sections 171.15 and 171.16. In Sec. Sec.  171.15(b) and 171.16(b), 
we are updating the term ``FAA Civil Aviation Security Office'' to read 
``FAA Regional or Field Security Office.''

Part 172

    Section 172.101 Hazardous Materials Table (HMT). We are amending 
the HMT by correcting certain entries as follows:

--The hazard class for the entry ``Combustible liquid, n.o.s.,'' 
NA1993, is revised by correcting Column (3) to read ``Combustible 
liquid.'' Due to a typographical error, the entry currently reads 
``Combustible.''
--For the entry ``Self-reactive liquid type F,'' UN3229, we are 
correcting the reference ``114'' to read ``224.''

    Section 172.102. We are correcting Special Provision 15 by removing 
text that conflicts with the assigned packaging authorization section, 
Sec.  173.161, for the entries ``Chemical kits,'' and ``First aid 
kits.'' This correction is based on comments from the public stating 
that the text is confusing.
    Section 172.201. We are revising paragraph (e) to clarify that the 
use and retention of a permanent shipping paper for multiple shipments 
of one or more hazardous materials being transported on a regular basis 
over an extended period is authorized. In the final rule published on 
July 12, 2002 (67 FR 46123) under Docket HM-207B, we authorized 
operators to retain a single copy of such permanent shipping papers for 
the period in which the shipping paper is used and 375 days thereafter, 
provided that the operator also retains a record of each shipment made 
under the shipping paper. Also, see Sec.  177.817.
    Section 172.321. We are editorially revising paragraph (c)(5) by 
removing the semi-colon and the word ``and.''
    Section 172.332. We are revising paragraph (b)(3) by adding ``0.25 
inches'' as the conversion for ``18 points.''

Part 173

    Section 173.32. We are editorially revising paragraph (c)(2) for 
clarity by changing the word ``it'' to read ``the portable tanks.''
    Section 173.134. In paragraph (c)(1)(ii), we are changing the 
wording ``the specific packaging requirements of this section'' to read 
``the specific packaging requirements of Sec.  173.197.''
    Section 173.164. We are removing paragraph (a)(2) because it is 
redundant with the introductory paragraph (a).
    Section 173.166. As revised in the final rule, HM-215E ( 68 FR 
44992), published on July 31, 2003, we are editorially revising 
introductory paragraph (e) by adding ``as follows'' to connect the 
introductory paragraph to its subparagraphs.
    Section 173.197. We are revising paragraph (e)(1)(i) by correcting 
two American Society for Testing and Materials Standard numbers.
    Section 173.241. In paragraph (c), we are adding a sentence to 
refer the reader to the portable tank requirements in Sec.  176.340 
applicable to combustible liquids being transported by vessel.
    Section 173.304a. In the table in paragraph (d), we are correcting 
the entry for hydrogen sulfide, in column 3, to remove an inconsistency 
with provisions in Sec. Sec.  173.40(b) and 173.301a(d)(3) that state 
the pressure of a gas at 55 [deg]C (131 [deg]F) may not exceed the 
cylinder's service pressure. The service pressure of hydrogen sulfide 
at 55 [deg]C (131 [deg]F) exceeds the marked service pressure, 480 psi, 
specified in the table.
    Section 173.315. In paragraph (b)(1), we are correcting the word 
``That'' to read ``that'.
    Section 173.337. In paragraph (a), we are removing an incorrect 
reference to ``3ALM'' cylinders.
    Section 173.412. In paragraph (l), we are correcting ``40 TBq 
(1000Ci)'' to read ``40 TBq (1080Ci)'' because it is a more precise 
conversion of the activity of 40 TBq to curies.
    Section 173.420. In paragraph (a)(2)(i), we are removing the 
edition dates for American National Standard (ANSI) N 14.1 because they 
are indicated in Sec.  171.7.

Part 175

    Section 175.31 In paragraph (a), we are updating the term ``FAA 
Civil Aviation Security Office'' to read ``FAA Regional or Field 
Security Office.''

Part 176

    Section 176.340 We are revising paragraph (a) to clarify the type 
of authorized portable tanks by adding the word ``Specification.''

Part 177

    Section 177.817 We are revising paragraph (f) to clarify that the 
use and retention of a permanent shipping paper for multiple shipments 
of one or more hazardous materials being transported on a regular basis 
over an extended period is authorized. Also, see Sec.  172.201.
    Section 177.854. We are revising paragraph (f)(1) by correcting the 
spelling of the word ``motor.''

Part 178

    Section 178.61. We are revising paragraph (g) to correct the 
location in 49 CFR for the heat treatment methods. The methods are 
contained in Table 1 of Appendix A to Part 178--Specifications for 
Steel. Currently, the paragraph incorrectly cites paragraph (b), which 
contains requirements for authorized steel and references Table 1 of 
Appendix A for chemical composition limits and makes no reference to 
heat treatment.
    Section 178.274. We are revising paragraph (b)(1) to clarify that 
portable tanks used for Zone A or B toxic-by-inhalation liquids are 
required to have an ASME Certification and U Stamp.

[[Page 57631]]

This revision is consistent with Sec.  178.273(b)(6). We are also 
correcting the section reference Sec.  178.247(a)(2)'' in paragraph (i) 
(1) to read ``Sec.  178.274(a)(2).''
    Section 178.337-10. In paragraph (a), we are revising the wording 
``safety relief devices'' to read ``pressure relief devices.''
    Section 178.337-17. In paragraph (d), we are correcting the section 
reference Sec.  178.337(3)(b)'' to read ``Sec.  178.337-3(b).''
    Section 178.338-3. In paragraphs (c)(3)(ii), (c)(3)(iii), 
(c)(3)(iv), (c)(3)(v), (c)(3)(vi) and (c)(4), we are removing the 
wording ``and (c)'' as an incorrect paragraph reference.
    Section 178.338-9. In paragraph (c)(2), we are correcting the 
section reference Sec.  178.320 (a) (3)'' to read ``Sec.  178.320(a).''
    Section 178.338-18. In paragraph (d), we are removing the wording 
``and (c)'' as an incorrect reference.

Part 179

    Section 179.102-4. We are revising the section heading to correct a 
proper shipping name.
    Sections 179.300-12 and 179.500-12. In paragraph (b) of each 
section, we are revising the wording ``safety relief devices'' to read 
``pressure relief devices.''

III. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3 (f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). Because there in no 
economic impact of this rule, preparation of a regulatory impact 
analysis is not warranted.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 13132 (``Federalism''). This final rule 
does not adopt any regulation that: (1) Has substantial direct effects 
on the States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government; (2) imposes substantial direct compliance 
costs on State and local governments; or (3) preempts state law.
    RSPA is not aware of any State, local, or Indian tribe requirements 
that would be preempted by correcting editorial errors and making minor 
regulatory changes. This final rule does not have sufficient federalism 
impacts to warrant the preparation of a federalism assessment.

C. Executive Order 13175

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

D. Regulatory Flexibility Act

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

E. Unfunded Mandates Reform Act of 1995

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

F. Paperwork Reduction Act

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

G. Regulation Identifier Number (RIN)

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

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, 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 175

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

49 CFR Part 176

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

49 CFR Part 177

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

49 CFR Part 178

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

49 CFR Part 179

    Hazardous materials transportation, Railroad safety, Reporting and 
recordkeeping requirements.

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.  171.15, the introductory text to paragraph (b) is revised 
to read as follows:


Sec.  171.15  Immediate notice of certain hazardous materials 
incidents.

* * * * *
    (b) Except for transportation by aircraft, each notice required by 
paragraph (a) of this section shall be given to the National Response 
Center by telephone (toll-free) on 800-424-8802. Notice involving 
shipments transported by aircraft must be given to the nearest FAA 
Regional or Field Security Office by telephone at the

[[Page 57632]]

earliest practical moment after each incident in place of the notice to 
the National Response Center. Notice involving infectious substances 
may be given to the Director, Centers for Disease Control, U.S. Public 
Health Service, Atlanta, Ga. (800) 232-0124, in place of the notice to 
the Department or (toll call) on 202-267-2675; however, a written 
report is still required as stated in paragraph (c) of this section.
* * * * *

0
3. In Sec.  171.16, paragraph (b) is revised to read as follows:


Sec.  171.16  Detailed hazardous materials incident reports.

* * * * *
    (b) Each carrier making a report under this section shall send the 
report to the Information Systems Manager, DHM-63, Research and Special 
Programs Administration, Department of Transportation, Washington, DC 
20590-0001; and, for incidents involving transportation by aircraft, a 
copy of the report shall also be sent to the FAA Regional or Field 
Security Office, nearest the location of the incident. A copy of the 
report shall be retained for a period of two years at the carrier's 
principal place of business or at other places as authorized and 
approved in writing by an agency of the Department of Transportation.
* * * * *

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

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

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


Sec.  172.101  [Amended]

0
5. In Sec.  172.101, the Hazardous Materials Table is amended as 
follows:
0
a. For the entry ``Combustible liquid, n.o.s., NA1993'', in Column (3), 
the word ``Combustible'' is removed and ``Combustible liquid'' is added 
in its place.
0
b. For the entry ``Self-reactive liquid type F, UN3229'', in Column 
(8B), as amended at 68 FR 45024, the reference ``114'' is removed and 
``224'' is added in its place.


Sec.  172.102  [Amended]

0
6. In Sec.  172.102, paragraph (c)(1) in Special Provision 15, as 
amended at 68 FR 44992, the third and fourth sentences are removed.

0
7. In Sec.  172.201, in paragraph (e), the fifth sentence is revised to 
read as follows:


Sec.  172.201  Preparation and retention of shipping papers.

* * * * *
    (e) * * * A motor carrier (as defined in Sec.  390.5 of subchapter 
B of chapter III of subtitle B) using a shipping paper without change 
for multiple shipments of one or more hazardous materials having the 
same shipping name and identification number may retain a single copy 
of the shipping paper, instead of a copy for each shipment made, if the 
carrier also retains a record of each shipment made, to include 
shipping name, identification number, quantity transported, and date of 
shipment.

0
8. In Sec.  172.321, paragraph (c)(5), as amended at 68 FR 45031, is 
revised to read as follows:


Sec.  172.321  Air eligibility mark.

* * * * *
    (c) * * *
    (5) Packages or articles which are excepted from the marking 
requirements of this subchapter (for example, non-spillable batteries, 
vehicles).
* * * * *

0
9. In Sec.  172.332, paragraph (b)(3) is revised to read as follows:


Sec.  172.332  Identification number markings.

* * * * *
    (b) * * *
    (3) The name and hazard class of a material may be shown in the 
upper left border of the orange panel in letters not more than 18 
points (0.25 in.) high.
* * * * *

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

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

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

Sec.  173.32  [Amended]

0
11. In Sec.  173.32, in the first sentence of paragraph (c)(2), the 
wording ``and provided it conforms to the periodic inspection and 
tests'' is revised to read ``and provided the portable tanks conform to 
the periodic inspection and tests''.

0
12. In Sec.  173.134, paragraph (c)(1)(ii) is revised to read as 
follows:


Sec.  173.134  Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (c) * * *
    (1) * * *
    (ii) For other than a waste culture or stock of an infectious 
substance, the specific packaging requirements of Sec.  173.197, if 
packaged in a rigid non-bulk packaging conforming to the general 
packagings requirements of Sec. Sec.  173.24 and 173.24a and packaging 
requirements specified in 29 CFR 1910.103.
* * * * *


Sec.  173.164  [Amended]

0
13. In Sec.  173.164, paragraph (a) (2) is removed and reserved.


Sec.  173.166  [Amended]

0
14. In Sec.  173.166, as amended at 68 FR 45034, effective October 1, 
2003, in introductory paragraph (e), the wording ``performance level 
are authorized'' is revised to read ``performance level are authorized 
as follows''.

0
15. In Sec.  173.197, paragraph (e)(1)(i) is revised to read as 
follows:


Sec.  173.197  Regulated medical waste.

* * * * *
    (e) * * *
    (1) * * *
    (i) The film bag may not exceed a volume of 175 L (46 gallons). The 
film bag must be marked and certified by its manufacturer as having 
passed the tests prescribed for tear resistance in ASTM D 1922, 
``Standard Test Method for Propagation Tear Resistance of Plastic Film 
and Thin Sheeting by Pendulum Method'' (IBR, Sec.  171.7 of this 
subchapter) and for impact resistance in ASTM D 1709, ``Standard Test 
Methods for Impact Resistance of Plastic Film by the Free-Falling Dart 
Method'' (IBR, Sec.  171.7 of this subchapter). The film bag must meet 
an impact resistance of 165 grams and a tearing resistance of 480 grams 
in both the parallel and perpendicular planes with respect to the 
length of the bag.
* * * * *

0
16. In Sec.  173.241, in paragraph (c), a new sentence is added at the 
end of the paragraph to read as follows:


Sec.  173.241  Bulk packagings for certain low hazard liquid and solid 
materials.

* * * * *
    (c) * * * For transportation by vessel, also see Sec.  176.340 of 
this subchapter.
* * * * *


Sec.  173.304a  [Amended]

0
17. In Sec.  173.304a, in the paragraph (a)(2) Table entry for 
``Hydrogen sulfide'', the third column is revised to read ``DOT-3A; 
DOT-3AA; DOT-3B; DOT-4A; DOT-4B; DOT-4BA; DOT-4BW; DOT-3E1800; DOT-
3AL.''

[[Page 57633]]


0
18. In Sec.  173.315, paragraph (b) (1) is revised to read as follows:


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

* * * * *
    (b) * * *
    (1) Odorization. All liquefied petroleum gas shall be effectively 
odorized as required in Note 2 of this paragraph to indicate 
positively, by a distinctive odor, the presence of gas down to a 
concentration in air of not over one-fifth the lower limit of 
combustibility provided, however, that odorization is not required if 
harmful in the use or further processing of the liquefied petroleum 
gas, or if odorization will serve no useful purpose as a warning agent 
in such use or further processing.
* * * * *

0
19. In Sec.  173.337, paragraph (a) is revised to read as follows:


Sec.  173.337  Nitric oxide.

* * * * *
    (a) Transportation in DOT 3AL cylinders is authorized only by 
highway or rail.
* * * * *


Sec.  173.412  [Amended]

0
20. In paragraph (l), the wording ``40 TBq (1000Ci)'' is revised to 
read ``40 TBq (1080Ci)''.
* * * * *

0
21. In Sec.  173.420, paragraph (a) (2) (i) is revised to read as 
follows:


Sec.  173.420  Uranium hexafluoride (fissile, fissile excepted and non-
fissile).

    (a) * * *
    (2) * * *
    (i) ANSI N14.1 in effect at the time the packaging was 
manufactured;
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
22. The authority citation for part 175 continues to read as follows:

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


0
23. In Sec.  175.31, the introductory text to paragraph (a) is revised 
to read as follows:


Sec.  175.31  Reports of discrepancies.

    (a) Each person who discovers a discrepancy, as defined in 
paragraph (b) of this section, relative to the shipment of a hazardous 
material following its acceptance for transportation aboard an aircraft 
shall, as soon as practicable, notify the nearest FAA Regional or Field 
Security Office, by telephone or electronically, and shall provide the 
following information:
* * * * *

PART 176--CARRIAGE BY VESSEL

0
24. The authority citation for part 176 continues to read as follows:

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


0
25. In Sec.  176.340, paragraph (a) is revised to read as follows:


Sec.  176.340  Combustible liquids in portable tanks.

* * * * *
    (a) Specification portable tanks authorized in Sec.  173.241 of 
this subchapter.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
26. The authority citation for Part 177 continues to read as follows:

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


0
27. In Sec.  177.817, in paragraph (f), the last sentence is revised to 
read as follows:


Sec.  177.817  Shipping papers.

* * * * *
    (f) * * * A motor carrier (as defined in Sec.  390.5 of subchapter 
B of chapter III of subtitle B) using a shipping paper without change 
for multiple shipments of one or more hazardous materials having the 
same shipping name and identification number may retain a single copy 
of the shipping paper, instead of a copy for each shipment made, if the 
carrier also retains a record of each shipment made that includes 
shipping name, identification number, quantity transported, and date of 
shipment.

0
28. In Sec.  177.854, paragraph (f) (1) is revised to read as follows:


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

* * * * *
    (f) * * *
    (1) For motor vehicles other than cargo tank motor vehicles used 
for the transportation of Class 3 (flammable liquid) or Division 2.1 
(flammable gas) materials and not transporting Division 1.1, 1.2, or 
1.3 (explosive) materials, warning devices must be set out in the 
manner prescribed in Sec.  392.22 of this title.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec.  178.61  [Amended]


0
30. In Sec.  178.61, in the first sentence of paragraph (g), remove the 
wording ``referenced in paragraph (b) of this section'' and add 
``referenced in Table 1 of appendix A to this part'' in its place.
* * * * *


Sec.  178.274  [Amended]

0
31. In Sec.  178.274, the following changes are made:
0
a. In paragraph (b)(1), in the fourth sentence, the wording ``used for 
non-refrigerated'' is revised to read ``used for Zone A or B toxic by 
inhalation liquids or non-refrigerated''.
0
b. In paragraph (i)(1), in the list following the third sentence in the 
fifth entry, the wording ``Alternative Arrangements (see Sec.  
178.247(a)(2))'' is revised to read ``Alternative Arrangements (see 
Sec.  178.274(a)(2))''.
* * * * *

0
32. In Sec.  178.337-10, paragraph (a) is revised to read as follows:


Sec.  178.337-10  Protection of fittings.

    (a) All valves, fittings, pressure relief devices, and other 
accessories to the tank proper shall be protected in accordance with 
paragraph (b) of this section against such damage as could be caused by 
collision with other vehicles or objects, jack-knifing and overturning. 
In addition, pressure relief valves shall be so protected that in the 
event of overturn of the vehicle onto a hard surface, their opening 
will not be prevented and their discharge will not be restricted.
* * * * *

0
33. In Sec.  178.337-17, as amended at 68 FR 19281, paragraph (d) is 
revised to read as follows:


Sec.  178.337-17  Marking.

* * * * *
    (d) The design weight of lading used in determining the loading in 
Sec.  Sec.  178.337-3(b), 178.337-10(b) and (c), and 178.337-13(a) and 
(b), must be shown as the maximum weight of lading marking required by 
paragraph (c) of this section.


Sec.  178.338-3  [Amended]

0
34. In Sec.  178.338-3, in paragraphs (c)(3)(ii), (c)(3)(iii), 
(c)(3)(iv), (c)(3)(v), (c)(3)(vi) and (c)(4), the wording ``and (c)'' 
is removed each place it appears.

[[Page 57634]]

Sec.  178.338-9  [Amended]

0
35. In Sec.  178.338-9, in paragraph (c) (2), in the last sentence, the 
section reference ``Sec.  178.320(a) (3)'' is revised to read ``Sec.  
178.320 (a)''.
* * * * *

0
36. In Sec.  178.338-18, as amended at 68 FR 19283, paragraph (d) is 
revised to read as follows:


Sec.  178.338-18  Marking.

* * * * *
    (d) The design weight of lading used in determining the loading in 
Sec. Sec.  178.338-3 (b), 178.338-10 (b) and (c), and 178.338-13 (b), 
must be shown as the maximum weight of lading marking required by 
paragraph (c) of this section.

PART 179--SPECIFICATIONS FOR TANK CARS

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

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


0
38. In Sec.  179.102-4, the section heading is revised to read as 
follows:


Sec.  179.102-4  Vinyl fluoride, stabilized.

* * * * *

0
39. In Sec.  179.300-12, paragraph (b), the second sentence is revised 
to read as follows:


Sec.  179.300-12  Protection of fittings.

* * * * *
    (b) * * * Pressure relief devices shall not be covered by the 
housing.

0
40. In Sec.  179.500-12, paragraph (b) is revised to read as follows:


Sec.  179.500-12  Pressure relief devices.

* * * * *
    (b) Pressure relief devices shall open at a pressure not exceeding 
the marked test pressure of tank and not less than \7/10\ of marked 
test pressure. (For tolerance for pressure relief valves, see Sec.  
179.500-16(a).)
* * * * *

    Issued in Washington, DC, on September 24, 2003, under authority 
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator.
[FR Doc. 03-24814 Filed 10-3-03; 8:45 am]
BILLING CODE 4910-60-P