[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Proposed Rules]
[Pages 49846-49858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18357]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

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

[Docket No. RSPA-04-18683 (HM-218C)]
RIN 2137-AD87


Hazardous Materials; Miscellaneous Amendments

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: RSPA proposes to make miscellaneous amendments to the 
Hazardous Materials Regulations based on petitions for rulemaking and 
RSPA initiatives. These proposed amendments are intended to update, 
clarify or provide relief from certain regulatory requirements.

DATES: Comments must be received by October 12, 2004.

ADDRESSES: You may submit comments (identified by DOT DMS Docket Number 
RSPA-04-18683 (HM-218C)) by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    Fax: 202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401, 
Washington, DC 20590-0001.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the

[[Page 49847]]

online instructions for submitting comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted, without 
change, to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Regulatory Analyses 
and Notices.
    Docket: For access to the docket to read background documents and 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

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: 

I. Background

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

II. Public Participation

    Comments should identify the docket number (RSPA-04-18683) and, if 
sent by mail, comments are to be submitted in duplicate. Persons 
wishing to receive confirmation of receipt of their comments should 
include a self-addressed stamped postcard. Internet users may access 
all comments received by the Department of Transportation at http://dms.dot.gov.
    The following is a section-by-section summary of the proposed 
changes.

Section-by-Section Review

Part 171

Section 171.7
    Based on a petition for rulemaking by the Organic Peroxide 
Producers Safety Division (OPPSD) (P-1429), we are proposing to 
incorporate by reference a document entitled ``An Example of a Test 
Method for Vent Sizing--OPPSD/SPI Methodology'' published in the 
American Institute of Chemical Engineers, Process Safety Progress 
Journal, June 2002, issue (Vol. 21, No. 2). The document describes an 
alternative method to determine the size of emergency relief devices on 
portable tanks transporting organic peroxides.
    We are proposing to remove the American Society for Testing and 
Materials ASTM A 607-98 ``Standard Specification for Steel, Sheet and 
Strip, High-Strength, Low-Alloy, Columbium or Vanadium, or Both, Hot-
Rolled and Cold-Rolled.'' We are proposing to incorporate by reference 
the ASTM A 1008/A 1008M-3 ``Standard Specification for Steel, Sheet, 
Cold-Rolled, Carbon, Structural, High-Strength Low-Alloy and High 
Strength Low-Alloy with Improved Formability'' and A 1011/A 1011M-03a 
``Standard Specification for Steel, Sheet and Strip, Hot-Rolled, 
Carbon, Structural, High-Strength Low-Alloy and High Strength Low-Alloy 
with Improved Formability.'' In 2000, ASTM A 607-98 was replaced by 
ASTM A 1008/A 1008M-03 and A 1011/A 1011M-03a.
    We are also proposing to incorporate by reference the Department of 
Defense's (DOD) ``Packaging of Hazardous Material, DLAD 4145.41/AR 700-
143/ AFJI 24-210/NAVSUPINST 4030.55B/ MCO 4030.40B''. See Sec.  173.7 
preamble discussion.
    Also, we are proposing to update the following documents which are 
incorporated by reference:

--Chlorine Institute instruction booklets entitled ``Chlorine Institute 
Emergency Kit `A' for 100-lb. & 150-lb. Chlorine Cylinders'' (2000 
edition) and ``Chlorine Institute Emergency Kit `B' for Chlorine Ton 
Containers'' (1996 edition) to the 2003 edition; and
--Transport Canada Transportation of Dangerous Goods Regulations from 
the July 1985 edition to the August 2001 edition.

    In paragraph (b), we are proposing to remove the table entry 
``National Association of Corrosive Engineers (NACE)'' and NACE 
Standard TM090969 which describes an acceptable test for a liquid 
corrosive material. We failed to remove this entry when we revised the 
definition and testing methods for corrosive materials in a previous 
rulemaking.
Section 171.8
    We are proposing to revise the definition for ``Materials of 
trade'' (MOTS) by removing the phrase ``in direct support of a 
principal business that is other than transportation by motor 
vehicle.'' This amendment will clarify that hazardous materials being 
transported for private carriage may be transported under the MOTS 
exception, if qualified, regardless of the principal business of the 
carrier.
Section 171.12a
    In paragraph (b)(2), we propose to clarify that certain exceptions 
in Transport Canada's Transportation of Dangerous Goods (TDG) 
Regulations are not recognized under the reciprocity provisions; 
specifically, materials subject to the 500 kg exception in paragraph 
1.16 of the TDG Regulations, may not be transported under the 
provisions of Sec.  171.12a and are subject to the requirements of the 
HMR.
Section 171.14
    Currently paragraph (d)(3) authorizes use of the KEEP AWAY FROM 
FOOD label and placard in effect on September 30, 1999, until October 
1, 2003. Since the transition period has expired, we are proposing to 
remove paragraph (d)(3).

Part 172

Section 172.101
    Currently, use of specification 3T cylinders, which are bulk 
packagings, is authorized in the non-bulk packaging sections in column 
(8B) of the Hazardous Materials Table (HMT). We are proposing to add a 
statement in Sec.  172.101(i)(3) and a new paragraph (i)(5) to clarify 
that some bulk packaging authorizations are found in column (8B) of the 
HMT and in special provisions in column (7).
    In the current HMT, ``Bromine'' and ``Bromine solutions'' are 
combined into one entry. The entry has a ``+'' in column (1) which 
fixes the proper shipping name, hazard class, ID number and packing 
group. Bromine and bromine solutions are assigned to Class 8 
(corrosive) and have a subsidiary poison inhalation hazard in Zone A. 
It has been brought to our attention that some bromine solutions do not 
meet the criteria for a PIH Zone A material and are, in fact, in Hazard 
Zone B. Under the current regulations, a bromine solution meeting the 
criteria for a PIH Zone B material must be packaged and offered for 
transportation in the same manner as a bromine solution meeting the 
criteria for a PIH Zone A material. We are proposing to revise the HMT 
by adding two new entries, one for bromine solution, PIH Zone A and one 
for bromine solution, PIH Zone B. In the new table entries, we are 
proposing to

[[Page 49848]]

delete special provisions A3 and A6 in column (7) since bromine and 
bromine solutions are forbidden for transportation by air. 
Additionally, for each entry we are proposing to add missing stowage 
category ``D'' for vessel transportation in column 10A of the HMT. 
Stowage category ``D'' is described in Sec.  172.101(k)(4).
    In a final rule published on June 21, 2001 (HM-215D; 66 FR 33337), 
we removed the domestic entry ``Denatured Alcohol, NA 1987'' based on 
our determination that the entry ``Alcohols, n.o.s., UN 1987'' was 
equally appropriate. The Renewable Fuels Association (RFA) petitioned 
RSPA (P-1430) to reinstate the entry ``Denatured Alcohol, NA 1987.'' 
The petitioner states that based on the flashpoint of the material, 
some ethanol shippers are using the shipping description ``Flammable 
liquid, n.o.s., UN 1993'' rather than ``Alcohol, n.o.s., UN 1987.'' The 
RFA expressed concern for the safety of emergency responders. The 
Emergency Response Guidebook (ERG) directs emergency responders to 
Guide 128 for ID number 1993, and recommends ``regular foam'' to fight 
large fires. Guide 127 for ID number 1987 recommends ``alcohol-
resistant foam.'' The RFA states that the entry ``Denatured Alcohol, NA 
1987'' which corresponds to Guide 127 in the ERG is the more 
appropriate shipping description. Based on the petition, we are 
proposing to reinstate the entry. We are also proposing to add the new 
special provision for the entries ``Denatured Alcohol, NA 1987'' and 
``Alcohols, n.o.s., UN 1987'' to allow solutions of alcohol and 
petroleum products be described as either ``Denatured Alcohol'' or 
``Alcohols, n.o.s.'' provided the solution contains no more than 5% 
petroleum products.
    We are proposing to correct an error in columns (9A) and (9B) for 
the entries ``sec-Butyl chloroformate, NA 2742'' and ``Isobutyl 
chloroformate, NA 2742.'' The current HMT reflects these material may 
be transported by air. These materials are poisonous by inhalation in 
Hazard Zone B and are forbidden on passenger and cargo only aircraft.
    We are proposing to revise the entry for ``Refrigerating machines, 
containing flammable, non-toxic, liquefied gas, UN 3358'' by adding a 
reference to Sec.  173.307 in column (8A) of the HMT. Section 173.307 
excepts refrigerating machines containing 12 kg (25 pounds) or less of 
a flammable, non-toxic gas from the HMR, except when offered or 
transported by air or vessel. We are also proposing to correct 
inconsistencies with the International Maritime Dangerous Goods (IMDG) 
Code pertaining to vessel stowage for this entry.
    We are proposing to revise the entry for ``1,3,5-Trimethylbenzene, 
UN 2325'' by adding a limited quantity exception for flammable liquids 
(see Sec.  173.150) in Column (8A) of the HMT. This revision would be 
consistent with entries for other PG III flammable liquids in the HMR 
and in international regulations.
Section 172.102
    We are proposing to revise Special provision 53 to provide relief 
from the subsidiary hazard class/division entry on the shipping paper 
if the material is excepted from the subsidiary label requirements.
Section 172.203
    For readers' convenience, we are proposing to add a new paragraph 
(l)(4) which cross-references Sec.  171.4. Section 171.4 excepts marine 
pollutants in non-bulk packagings from the HMR, except when transported 
by vessel.
Section 172.205
    Section 172.205 prescribes shipping paper requirements for 
shipments of hazardous waste. Frequently, users of the HMR are not 
aware that the word ``Waste'' must precede the proper shipping name as 
provided by Sec.  172.101(c)(9). We are proposing to add a new 
paragraph alerting the user to this requirement.
Section 172.504
    In a final rule published on June 21, 2001 (HM-215D; 66 FR 33426), 
we authorized the display of only one placard bearing one compatibility 
letter when certain Class 1 materials of different compatibility groups 
are transported together in a single transport vehicle or container. We 
are proposing to amend Sec.  172.504(g)(2) to clarify that explosives 
articles of compatibility groups C, D, or E when transported with 
explosives articles in compatibility group N may be placarded with a 
Class 1 compatibility group D placard.
Section 172.519
    We are proposing to editorially revise paragraph (f) by adding the 
parenthetical phrase ``(IBR, see Sec.  171.7 of this subchapter),'' 
after the wording ``ICAO Technical Instructions, the IMDG Code, or the 
TDG Regulations''.

Part 173

Section 173.7
    Currently, Sec.  173.7 authorizes military shipments of hazardous 
materials if the materials are packaged in accordance with the HMR or 
in packagings of equal or greater strength and efficiency as certified 
by DOD in accordance with the procedures prescribed by ``Performance 
Oriented Packagings of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 
71-5/NAVSUPINST 4030.55/MCO 4030.40.'' The DOD has revised this 
document and renamed it ``Packaging of Hazardous Material, DLAD 
4145.41/AR 700-143/AFJI 24-210/NAVSUPINST 4030.55B/MCO 4030.40B.'' In 
this NPRM, we are proposing to update the reference to the revised 
document.
Section 173.28
    In paragraph (b)(3), we are proposing to clarify that packagings 
made of fiberboard are authorized for reuse.
Section 173.31
    Since January 1, 1978, new non-pressure tank cars have had bottom 
outlet protection. To determine retrofit requirements, the FRA and the 
industry participated in a risk-analysis evaluation of the commodities 
carried in these cars. Those commodities requiring bottom outlet 
protection were listed in Appendix Y to the Tank Car Manual (AAR Manual 
of Standards and Recommended Practices,--1002). From time to time, 
additional commodities have been added. As far back as 1981, the risk-
analysis evaluation has determined that molten sulfur does not require 
any retrofitted protection; consequently, it was not listed. Based on 
similar analysis, elevated temperature materials were not listed. 
Despite this, the regulations promulgated under a final rule published 
on September 21, 1995 ( HM-175A; 60 FR 49073), require retrofit by July 
1, 2006, for all commodities not specifically listed in Appendix Y. In 
this NPRM we are proposing to lessen the burden on shippers of molten 
sulfur and elevated temperature materials by explicitly removing these 
commodities from the requirement to retrofit tank cars.
Section 173.150
    Paragraph (f)(1) defines the term ``combustible liquid'' and states 
that a flammable liquid reclassed as ``combustible liquid'' may not be 
transported by air or vessel, except when other means of transportation 
is impracticable. Section 173.120 Class 3-Definitions, paragraph 
(b)(2), contains the same information. In this NPRM, we are proposing 
to remove paragraph (f)(1) to eliminate the redundancy.
Section 173.225
    Currently, the Note to paragraph (e)(3)(vi) directs the reader to 
Appendix 5 of the UN Manual of Tests and Criteria

[[Page 49849]]

for an example of a method to determine the size of emergency-relief 
devices. The American Institute of Chemical Engineers (AIChE), in a 
document published in the Process Safety Progress Journal (see Sec.  
171.7 preamble), describes an alternative method to determine the size 
of emergency-relief devices on portable tanks transporting organic 
peroxides. In this NPRM, we are proposing to also authorize this 
alternative method.
Section 173.241
    For clarity, in paragraph (c), we are proposing to add a reference 
to certain additional requirements in Sec.  176.340 that apply when 
offering combustible liquids in portable tanks for transportation by 
vessel.
Section 173.301
    In paragraph (a)(9), we are proposing to revise the second sentence 
containing a requirement that the outside packaging must conform to the 
requirements in Sec.  173.25. Because of their thin walls, size, or 
shape, 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders 
must be offered in a combination packaging, where the cylinder is the 
inner packaging contained in a strong non-bulk outer packaging. In 
addition to the applicable marking and labeling requirements in 
subparts D and E, respectively, the outer packaging must be marked with 
an indication that the inner packagings conform to the applicable 
specifications. This change will remove the implication that the outer 
packaging is an overpack and, as such, each inner packaging must meet 
the applicable part 172 marking and labeling requirements.
    In paragraph (l)(2), we are proposing to revise the wording to 
state clearly that foreign cylinders filled for export must be fitted 
with pressure relief devices when required by the HMR for the gas 
contained within the cylinder. In a final rule published on August 8, 
2002 (HM-220D; 67 FR 51645), we revised the language stating that the 
cylinders must meet the specifically listed requirements ``in addition 
to other requirements of this subchapter.'' In removing the wording 
``in addition to other requirements of this subchapter,'' we 
inadvertently overlooked that the wording included compliance with the 
pressure relief device requirements.
    We are proposing to editorially revise paragraph (m) by adding the 
parenthetical phrase ``(IBR, see Sec.  171.7 of this subchapter)'' 
after the first occurrence of the term ``Canadian Transport of 
Dangerous Goods (TDG) Regulations.''
Section 173.302a
    In paragraph (a), we are proposing a minor editorial change.
    In paragraph (d), we are proposing to authorize use of a DOT 
3AL1800 cylinder for the transportation of diborane and diborane 
mixtures.
    We are proposing to add paragraph (e) to reinstate the requirement 
that a cylinder containing fluorine may not be charged to over 400 psig 
at 21 [deg]C (70 [deg]F) and may not contain more than 2.7 kg (6 lbs) 
of gas. It was brought to our attention that this requirement was 
removed in HM-220D and, for safety concerns, should be reinstated.
Section 173.304a
    In the paragraph (a)(2) table, in column 3, we are proposing to 
remove several references to DOT specification 4, 4A, 9, 38, 40 and 41 
cylinders. In a final rule published August 8, 2002 (HM-220D; 67 FR 
51647) we discontinued authorization for the use of DOT 3C, 3D, 4, 4A, 
4B240X, 4B240FLW, 4C, 9, 25, 26, 33, 38, 40 and 41 cylinders. Also, for 
the entry Bromotrifluoromethane, we propose to correct ``DOT-3AL40'' to 
read ``DOT-3AL400'' in column 3.
Sections 173.314 and 173.319
    Currently the HMR require a shipper to notify the Bureau of 
Explosives (BOE) whenever a rail car containing a time-sensitive 
product is not received by the consignee within 20 days from shipment. 
We are proposing to revise the requirement to require notification to 
the appropriate office in the Federal Railroad Administration.
Section 173.315
    We are proposing to revise the paragraph (a) table by adding a new 
Note 27 which authorizes the use of non-specification cargo tanks for 
the entry ``Ammonia, anhydrous or Ammonia solutions, with greater than 
50 percent ammonia.''
Section 173.337
    In the introductory text, we are proposing to reinstate a 
requirement that a cylinder containing nitric oxide may be charged to a 
pressure of not more than 5,170 kPa (750 psig) at 21 [deg]C (70 
[deg]F). It was brought to our attention that this requirement was 
inadvertently removed in HM-220D and, for safety concerns, should be 
reinstated.

Part 178

Sections 178.338-2 and 178.345-2
    We are proposing to remove the reference to ASTM Standard A 607 and 
add ASTM Standards A 1008/A 1008M and A 1011/A 1011M in its place. See 
Sec.  171.7 preamble discussion.
Section 178.606
    In paragraph (c)(2), we are proposing to correct the formula for 
calculating the pressure to be applied when a packaging containing a 
solid is subjected to a dynamic compression test. The formula currently 
in the HMR is applicable to liquids.

Part 179

Section 179.200-7
    We are proposing to amend paragraph (e) by adding a reference to 
Sec.  171.7 for a standard that is incorporated by reference.

Part 180

Section 180.205
    In paragraph (c)(2), we are proposing to add a reference to new 
Sec.  180.212. See Sec.  180.212 preamble discussion. Also, we are 
proposing to broaden the provisions in paragraph (I)(2) to allow a 
composite cylinder that is condemned to have the wording ``CONDEMNED'' 
displayed instead of stamped on the cylinder. The use of a label is 
currently authorized in some exemptions.
Section 180.212
    The HMR authorize the repair of DOT 4-series cylinders, but not DOT 
3-series cylinders. In this NPRM, we are proposing to allow repairs to 
a DOT 3-series cylinder under the terms of an approval issued by the 
Associate Administrator under subpart H of part 107. In addition, the 
person that performs the repair work must have an approval as currently 
required under subpart I of part 107.
    Note in this regard, however, that certain repairs to cylinders 
will not require an approval. For example, an approval will not be 
required for the removal and replacement of non-pressure components on 
a DOT 3-series cylinder, such as a neck ring or foot ring; the 
replacement material must be equivalent to that used at the time of 
original manufacture. Such repairs were authorized in former Sec.  
173.34(h) of the HMR for DOT 3A, 3AA, 3B, and the obsolete 3C cylinder 
when performed by a manufacturer of these types of cylinders, tested 
and repaired under the supervision of an inspector, and reported in 
accordance with the original specification. We removed Sec.  173.34(h) 
from the HMR in HM-220D. In this NPRM, we propose to add these 
requirements back into the regulations and also allow repairs to be 
made by a DOT authorized repair facility.

[[Page 49850]]

    Additionally, no approval will be required for the repair of worn 
or damaged cylinder neck threads when performed by the original 
cylinder manufacturer in accordance with the cylinder's specification 
requirements and under the supervision of an independent inspection 
agency. CGA Pamphlets C-6 and C-6.1 contain guidelines for inspection 
of the cylinder neck areas for damaged threads. The cylinder must be 
rejected if the required number of effective threads are not engaged to 
provide a gas-tight seal. The rejected cylinder may qualify for repair 
to restore the effectiveness of the threads. If the threads cannot be 
repaired, the cylinder must be condemned. We proposed to update the 
reference to CGA Pamphlet C-6.1 from the 1995 to the 2002 edition in an 
NPRM published on September 10, 2003 (HM-220F; 68 FR 53318). The 2002 
edition contains criteria for inspection of cylinder neck threads for 
abnormal thread conditions resulting from structural defects, 
corrosion, or damage. Currently CGA is updating CGA Pamphlet C-6 to 
better address inspection for neck areas on high pressure and low 
pressure steel cylinders. We will consider adopting the revised 
pamphlet in a future notice of proposed rulemaking.
Section 180.417
    In paragraph (b)(2)(v), we are proposing to reinstate the 
requirement that each test or inspection report completed for a 
repaired cargo tank must include the ASME or National Board Certificate 
of Authorization number of the facility performing the repairs.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) and was not reviewed by the Office of 
Management and Budget (OMB). The proposed rule is not considered a 
significant rule under the Regulatory Policies and Procedures order 
issued by the U.S. Department of Transportation (44 FR 11034). The 
costs and benefits of this proposed rule are considered to be so 
minimal as to not warrant preparation of a regulatory impact analysis 
or a regulatory evaluation.
    In this notice, we propose to amend miscellaneous provisions in the 
HMR to clarify the provisions and to relax overly burdensome 
requirements. We are also responding to requests from industry 
associations to update and add references to standards that are 
incorporated in the HMR. These clarifications and updates of the HMR 
will enhance safety.

B. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
proposed rule would preempt state, local and Indian tribe requirements 
but does not propose any regulation that has substantial direct effects 
on the states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    Federal hazardous material transportation law, 49 U.S.C. 
5125(b)(1), contains an express preemption provision (49 U.S.C. 
5125(b)) preempting state, local, and Indian tribe requirements on 
certain covered subjects. Covered subjects are:
    (i) The designation, description, and classification of hazardous 
materials;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
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, manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or testing of a packaging or container which is 
represented, marked, certified, or sold as qualified for use in the 
transport of hazardous materials.
    This proposed rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous materials, among other covered 
subjects. If adopted as final, this rule would preempt any State, 
local, or Indian tribe requirements concerning these subjects unless 
the non-Federal requirements are ``substantively the same'' (see 49 CFR 
107.202(d)) as the Federal requirements.
    Federal hazardous materials transportation law provides at 49 
U.S.C. 5125(b)(2) that if RSPA issues a regulation concerning any of 
the covered subjects, RSPA must determine and publish in the Federal 
Register the effective date of Federal preemption. That effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
RSPA proposes the effective date of federal preemption be 90 days from 
publication of a final rule in this matter in the Federal Register.

C. Executive Order 13175

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

D. Regulatory Flexibility Act, 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 
proposed rule would amend miscellaneous provisions in the HMR to 
clarify provisions based on our own initiatives and also on petitions 
for rulemaking. While maintaining safety, it would relax certain 
requirements that are overly burdensome and would update references to 
consensus standards that are incorporated in the HMR. The proposed 
changes are generally intended to provide relief to shippers, carriers, 
and packaging manufacturers, including small entities.
    This proposed 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. The changes 
proposed in this Notice will enhance safety, and I certify that this 
proposal, if promulgated, would not have a significant economic impact 
on a substantial number of small entities.

E. Paperwork Reduction Act

    This proposed rule may result in a minimal change in information 
collection and recordkeeping burden under OMB Control Number 2137-0559, 
due to editorial changes to Sec. Sec.  173.314 and 173.319 regarding 
HMR requirements to notify BOE whenever a

[[Page 49851]]

rail car containing a time-sensitive product is not received by the 
consignee within 20 days from shipment. Since BOE no longer exists, we 
are proposing to remove references to BOE in Sec. Sec.  173.314 and 
173.319, and replace them with references to FRA. This proposed rule 
may result in a minimal change in burden since FRA instead of BOE will 
now be notified if a rail car containing a time-sensitive product is 
not received within 20 days from shipment. RSPA currently has an 
approved information collection under OMB Control Number 2137-0559, 
``Requirements for Rail Tank Car Tanks--Transportation of Hazardous 
Materials by Rail'' with 2,759 burden hours which expires on May 31, 
2006.
    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
that RSPA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. This notice identifies a new information 
collection request that RSPA will submit to OMB for approval based on 
the requirements in this proposed rule.
    RSPA has developed burden estimates to reflect changes in this 
proposed rule. RSPA estimates the total information and recordkeeping 
burden as proposed in this rule as: Requirements for Rail Tank Car 
Tanks--Transportation of Hazardous Materials by Rail'' OMB Number 2137-
0559:

Total Annual Number of Respondents: 266.
Total Annual Responses: 16,781.
Total Annual Burden Hours: 2,689.
Total Annual Burden Cost: $102,586.25.

    Requests for a copy of this information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC 
20590-0001, telephone (202) 366-8553.
    All comments should be addressed to the Dockets Unit as identified 
in the ADDRESSES section of this rulemaking, and received prior to the 
close of the comment period identified in the DATES section of this 
rulemaking. In addition, you may submit comments specifically related 
to the information collection burden to the RSPA Desk Officer, OMB, at 
fax number 202-395-6974. Under the Paperwork Reduction Act of 1995, no 
person is required to respond to an information collection unless it 
displays a valid OMB control number.

F. 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.

G. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$120.7 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.

H. Environmental Assessment

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

I. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or you 
may visit http://dms.dot.gov.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 178

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

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 180

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

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

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.

    2. In Sec.  171.7:
    a. In the paragraph (a)(3) table:
    (1) A new entry for the American Institute of Chemical Engineers is 
added to the table in appropriate alphabetical order;
    (2) Under the entry ``American Society for Testing and 
Materials,'', the entry for ASTM Standard A 607-98 is removed and two 
new standards are added in appropriate numerical order;
    (3) Under the entry ``Chlorine Institute, Inc.'', the entries for 
Chlorine Institute Emergency Kit ``A'' and ``B'' are revised;
    (4) Under the entry ``Department of Defense (DOD),'' a new entry is 
added in appropriate alphabetical order; and
    (5) Under the entry ``Transport Canada,'' the entry is revised.
    b. In the paragraph (b) table, the entry ``National Association of 
Corrosion Engineers'' is removed.
    The revisions and additions read as follows:

[[Page 49852]]

Sec.  171.7  Reference material.

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

------------------------------------------------------------------------
          Source and name of material                49 CFR reference
------------------------------------------------------------------------
 
                              * * * * * * *
American Institute of Chemical Engineers,
    3 Park Avenue, New York, NY 10016-5991,                      173.225
     AICChE Process Safety Progress Journal,
     June 2002, issue (Vol. 21, No. 2), An
     Example of a Text Method for Vent Sizing--
     OPPSD/SPI Methodology.....................
 
                              * * * * * * *
American Society for Testing and Materials,
 
                              * * * * * * *
    ASTM A 1008/A 1008M--03 Standard                178.338-2; 178.345-2
     Specification for Steel, Sheet, Cold-
     Rolled, Carbon, Structural, High-Strength
     Low-Alloy and High Strength Low-Alloy with
     Improved Formability......................
    ASTM A 1011/A 1011M--03a Standard               178.338-2; 178.345-2
     Specification for Steel, Sheet and Strip,
     Hot-Rolled, Carbon, Structural, High-
     Strength Low Alloy and High Strength Low-
     Alloy with Improved Formability...........
 
                              * * * * * * *
The Chlorine Institute, Inc.,
 
                              * * * * * * *
    Chlorine Institute Emergency Kit ``A'' for                     173.3
     100-lb. & 150 lb. Chlorine Cylinders (with
     the exception of repair method using
     Device 8 for side leaks), Edition 10, June
     2003......................................
    Chlorine Institute Emergency Kit ``B'' for                     173.3
     Chlorine Ton Containers (with the
     exception of repair method using Device 9
     for side leaks), Edition 9, June 2003.....
 
                              * * * * * * *
Department of Defense, (DOD),
 
                              * * * * * * *
    Packaging of Hazardous Material, DLAD                          173.7
     4145.41/AR 700-143/AFJI 24-210/NAVSUPINST
     4030.55B/MCO 4030.40B.....................
 
                              * * * * * * *
Transport Canada,
 
                              * * * * * * *
    Transportation of Dangerous Goods (TDG)            171.12a; 172.401;
     Regulations, August 2001 including Clear          172.502; 172.519;
     Language Amendments SOR/2001-286, and             172.602; 173.301.
     Amendment 1 SOR/2002-306), Amendment 2
     (SOR/2003-273), and Amendment 3 (SOR/2003-
     400)......................................
 
                              * * * * * * *
------------------------------------------------------------------------

Sec.  171.8  [Amended]

    3. In Sec.  171.8, the definition for ``Materials of trade'' is 
amended by removing the wording ``in direct support of a principal 
business that is other than transportation by motor vehicle''.
    4. In Sec.  171.12a, paragraph (b)(2) is revised to read as 
follows:


Sec.  171.12a  Canadian shipments and packagings.

* * * * *
    (b) * * *
    (2) A material designated as a hazardous material under this 
subchapter which is not subject to the requirements of the TDG 
Regulations or is afforded hazard communication or packaging exceptions 
not authorized in this subchapter (e.g., paragraph 1.16 of the TDG 
Regulations excepts quantities of hazardous materials less than or 
equal to 500 kg gross transported by highway or rail) may not be 
transported under the provisions of this section.
* * * * *


Sec.  171.14  [Amended]

    5. In Sec.  171.14, paragraph (d)(3) is removed and reserved.

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

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

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

    7. In Sec.  172.101, the first and second sentence in paragraph 
(i)(3), are revised and a new paragraph (i)(5) is added to read as 
follows:


Sec.  172.101  Purpose and use of the hazardous materials table.

* * * * *
    (i) * * *
    (3) * * * Column 8C specifies the section in part 173 of this 
subchapter which prescribes packaging requirements for bulk packagings, 
subject to the limitations, requirements and additional authorizations 
of Columns 7 and 8B. A ``None'' in Column 8C means bulk packagings are 
not authorized, except as may be provided by special provisions in 
Column 7 and in Column 8B. * * *
* * * * *
    (5) Cylinders. For cylinders, both non-bulk and bulk packaging 
authorizations are set forth in Column 8B. Notwithstanding a 
designation of ``None'' in Column 8C, a bulk cylinder

[[Page 49853]]

may be used when specified through the section reference in Column 8B.
* * * * *
    8. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing, adding and revising, in the appropriate alphabetical 
sequence, the following entries to read as follows:

[[Page 49854]]



                                                                                               Sec.   172.101.--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
            Hazardous                                                                                                   Packaging (Sec.   173.***)  (8)           Quantity limitations  (9)        Vessel stowage  (10)
            materials                                                                             Special      ------------------------------------------------------------------------------------------------------------
Symbols    descriptions    Hazard class or   Identification        PG          Label codes   provisions  (Sec.
            and proper         division          numbers                                           172.102)       Exceptions       Non-bulk          Bulk          Passenger        Cargo         Location        Other
          shipping names                                                                                                                                         aircraft/rail  aircraft only
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)      (2)............  (3)..............           (4)    (5)...........  (6)...........  (7)..............  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B).........  (10A)........  (10B)
--------
 
                                                                                                              * * * * * * *
         [REMOVE:]
 
                                                                                                              * * * * * * *
   +     Bromine or       8................        UN1744    I.............  8, 6.1........  1, A3, A6, B9,     None..........  226...........  249...........  Forbidden.....  Forbidden....                 12, 40, 66,
          Bromine                                                                             B64, B85, N34,                                                                                                   74, 89, 90
          solutions.                                                                          N43, T22, TP2,
                                                                                              TP10, TP12, TP13.
 
                                                                                                              * * * * * * *
 
                                                                                                              * * * * * * *
         [ADD:]
 
                                                                                                              * * * * * * *
   +     Bromine........  8................        UN1744    I.............  8, 6.1........  1, B9, B64, B85,   None..........  226...........  249...........  Forbidden.....  Forbidden....  D............  12, 40, 66,
                                                                                              N34, N43, T22,                                                                                                   74, 89, 90
                                                                                              TP2, TP10, TP12,
                                                                                              TP13.
   +     Bromine          8................        UN1744    I.............  8, 6.1........  1, B9, B64, B85,   None..........  226...........  249...........  Forbidden.....  Forbidden....  D............  12, 40, 66,
          solutions.                                                                          N34, N43, T22,                                                                                                   74, 89, 90
                                                                                              TP2, TP10, TP12,
                                                                                              TP13.
   +     Bromine          8................        UN1744    I.............  8, 6.1........  2, B9, B64, B85,   None..........  227...........  249...........  Forbidden.....  Forbidden....  D............  12, 40, 66,
          solutions.                                                                          N34, N43, T22,                                                                                                   74, 89, 90
                                                                                              TP2, TP10, TP12,
                                                                                              TP13.
 
                                                                                                              * * * * * * *
   D     Denatured        3................        NA1987    II............  3.............  172,T8, T31......  150...........  202...........  242...........  5L............  60L..........  B............  .............
          alcohol.
         ...............  .................  ..............  III...........  3.............  172, B1, T7, T30.  150...........  203...........  242...........  60L...........  220L.........  A............  .............
 
                                                                                                              * * * * * * *
         [REVISE:]
 
                                                                                                              * * * * * * *
         Alcohols, n.o.s  3................        UN1987    I.............  3.............  172, T11, TP1,     None..........  201...........  243...........  1 L...........  30 L.........  E............  .............
                                                                                              TP8, TP27.
         ...............  .................  ..............  II............  3.............  172, 1B2, T7,      150...........  202...........  242...........  5 L...........  60 L.........  B............  .............
                                                                                              TP1, TP8, TP28.
         ...............  .................  ..............  III...........  3.............  172, B1, IB3, T4,  150...........  203...........  242...........  60 L..........  220 L........  A............  .............
                                                                                              TP1, TP29.
 
                                                                                                              * * * * * * *
   D     Sec-Butyl        6.1..............        NA2742    I.............  6.1, 3, 8.....  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden....  A............  12, 13, 22,
          chloroformate.                                                                      B74, T20, TP4,                                                                                                   25, 40, 48,
                                                                                              TP12, TP13,                                                                                                      100
                                                                                              TP38, TP45.
 
                                                                                                              * * * * * * *
   D     Isobutyl         6.1..............        NA2742    I.............  6.1, 3, 8.....  2, B9, B14, B32,   None..........  227...........  244...........  Forbidden.....  Forbidden....  A............  12, 13, 22,
          chloroformate.                                                                      B74, T20, TP4,                                                                                                   25, 40, 48,
                                                                                              TP12, TP13,                                                                                                      100
                                                                                              TP38, TP45.
 

[[Page 49855]]

 
                                                                                                              * * * * * * *
         Refrigerating    2.1..............        UN3358    ..............  2.1...........  .................  306, 307......  306...........  306...........  Forbidden.....  Forbidden....  D............  .............
          machines,
          containing
          flammable, non-
          toxic,
          liquefied gas.
 
                                                                                                              * * * * * * *
         1,3,5-           3................        UN2325    III...........  3.............  B1, IB3, T2, TP1.  150...........  203...........  242...........  60 L..........  220 L........  A............  .............
          Trimethylbenze
          ne.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 49856]]

    9. In Sec.  172.102, in paragraph (c)(1), Special revision 53, the 
first sentence is revised and new Special provision 172 is added in 
appropriate numerical order to read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    53 Packages of these materials must bear the subsidiary risk label, 
``EXPLOSIVE'', and the subsidiary hazard class/division must be entered 
in parentheses immediately following the primary hazard class in the 
shipping description, unless otherwise provided in this subchapter or 
through an approval issued by the Associate Administrator, or the 
competent authority of the country of origin. * * *
* * * * *
    172 This entry includes alcohol mixtures containing up to 5% 
petroleum products.
* * * * *
    10. In Sec.  172.203, a new paragraph (l)(4) is added to read as 
follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (l) * * *
    (4) Except when transported aboard vessel, marine pollutants in 
non-bulk packagings are not subject to the requirements of this 
subchapter (see Sec.  171.4 of this subchapter).
* * * * *
    11. In Sec.  172.205, a new paragraph (i) is added to read as 
follows:


Sec.  172.205  Hazardous waste manifest.

* * * * *
    (i) The shipping description for a hazardous waste must be modified 
as required by Sec.  172.101(c)(9).
    12. In Sec.  172.504, paragraph (g)(2) is revised to read as 
follows:


Sec.  172.504  General placarding requirements.

* * * * *
    (g) * * *
    (2) Explosive articles of compatibility groups C, D, or E, when 
transported with those in compatibility group N, may be placarded 
displaying compatibility group D.
* * * * *


Sec.  172.519  [Amended]

    13. In Sec.  172.519, in paragraph (f), the wording ``the ICAO 
Technical Instructions, the IMDG Code, or the TDG Regulations,'' is 
removed and the wording ``the ICAO Technical Instructions, the IMDG 
Code, or the TDG Regulations (IBR, see Sec.  171.7 of this 
subchapter),'' is added in its place.

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

    14. 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.  173.7  [Amended]

    15. In Sec.  173.7, paragraph (a), the wording ``Performance 
Oriented Packaging of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 
71-5/NAVSUPINST 4030.55/MCO 4030.40'' is removed and the wording 
``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI 24-210/
NAVSUPINST 4030.55B/MCO 4030.40B (IBR, see Sec.  171.7 of this 
subchapter)'' is added in its place.
    16. In Sec.  173.28, paragraph (b)(3) is revised to read as 
follows:


Sec.  173.28  Reuse, reconditioning and remanufacture of packagings.

* * * * *
    (b) * * *
    (3) Packagings made of paper (other than fiberboard), plastic film, 
or textile are not authorized for reuse;
* * * * *
    17. In Sec.  173.31, paragraph (b)(5), the second sentence is 
revised to read as follows:


Sec.  173.31  Use of tank cars.

* * * * *
    (b) * * *
    (5) * * * Tank cars not requiring bottom-discontinuity protection 
under the terms of Appendix Y of the AAR Specifications for Tank Cars 
as of July 1, 1996, must conform to these requirements no later than 
July 1, 2006, except that tank cars transporting a material that is 
hazardous only because it meets the definition of an elevated 
temperature material or because it is molten sulfur do not require 
bottom discontinuity protection. * * *
* * * * *


Sec.  173.150  [Amended]

    18. In Sec.  173.150, paragraph (f)(1) is removed and paragraphs 
(f)(2), (f)(3) and (f)(4) are redesignated as (f)(1), (f)(2) and (f)(3) 
respectively.
    19. In Sec.  173.225, the Note to paragraph (e)(3)(vi) is revised 
to read as follows:


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

* * * * *
    (e) * * *
    (3) * * *
    (vi) * * *

    Note To Paragraph (e)(3)(vi): Examples of methods to determine 
the size of emergency-relief devices are given in Appendix 5 of the 
UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter) and AIChE Process Safety Progress Journal, Vol. 21, No. 
2 (IBR, see Sec.  171.7 of this subchapter).

* * * * *


Sec.  173.241  [Amended]

    20. In Sec.  173.241, paragraph (c) is amended by adding a new last 
sentence to read as follows:


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

* * * * *
    (c) * * * For transportation of combustible liquids by vessel, 
additional requirements are specified in Sec.  176.340 of this 
subchapter.
* * * * *
    21. In Sec.  173.301, paragraphs (a)(9), (l)(2) and (m) 
introductory text are revised to read as follows:


Sec.  173.301  General requirements for shipment of compressed gases in 
cylinders and spherical pressure vessels.

    (a) * * *
    (9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 
39 cylinders must be packed in strong non-bulk outer packagings. The 
outside of the combination packaging must be marked with an indication 
that the inner packagings conform to the prescribed specifications.
* * * * *
    (l) * * *
    (2) In addition to other requirements of this subchapter, the 
maximum filling density, service pressure, and pressure relief device 
for each cylinder conform to the requirements of this part for the gas 
involved.
* * * * *
    (m) Canadian cylinders in domestic use. A Canadian Transport 
Commission (CTC) specification cylinder manufactured, originally marked 
and approved in accordance with the CTC regulations and in full 
conformance with the Canadian Transport of Dangerous Goods (TDG) 
Regulations (IBR, see Sec.  171.7 of this subchapter) is authorized for 
the transportation of a hazardous material to, from or within the 
United States under the following conditions:
* * * * *
    22. In Sec.  173.302a, new paragraph (e) is added and paragraph 
(a)(3) and the first sentence in paragraph (d) are revised to read as 
follows:


Sec.  173.302a  Additional requirements for shipment of non-liquefied 
(permanent) compressed gases in specification cylinders.

* * * * *

[[Page 49857]]

    (a) * * *
    (3) DOT 39 cylinders. When the cylinder is filled with a Division 
2.1 material, the internal volume of the cylinder may not exceed 1.23 L 
(75 in\3\).
* * * * *
    (d) * * * Diborane and diborane mixed with compatible compressed 
gas must be offered in a DOT 3AL1800 or 3AA1800 cylinder. * * *
    (e) Fluorine. Fluorine must be shipped in specification 3A1000, 
3AA1000, or 3BN400 cylinders without pressure relief devices and 
equipped with valve protection cap. The cylinder may not be charged to 
over 400 psig at 21 [deg]C (70 [deg]F) and may not contain over 2.7 kg 
(6 lbs) of gas.
    23. In Sec.  173.304a, in the paragraph (a)(2) table, in column 1, 
for the entry ``Methyl acetylene-propadiene, mixtures, stabilized'' 
remove the phrase ``DOT-3A240''; and in column 3 make the following 
changes:
    a. For the entry ``Anhydrous ammonia'', remove the phrases ``DOT-
4;'' and ``DOT-4A480;'';
    b. For the entry ``Bromotrifluoromethane'', remove the phrase 
``DOT-4A400;'' and correct the entry ``DOT-3AL40'' to read ``DOT-
3AL400.'';
    c. For the entry ``Chlorodifluoromethane [reg]-22)'', remove the 
phrase ``DOT-41;'';
    d. For the entry ``Chloropentafluorethane [reg]-115)'', remove the 
phrase ``DOT-4A225;'';
    e. For the entry ``Cyclopropane'', remove the phrase ``DOT-
4A225;'';
    f. For the entry ``Dichlorodifluoromethane [reg]-12)'', remove the 
phrases ``DOT-4A225;'', ``DOT-9;'' and ``DOT-41;'';
    g. For the entry ``Dichlorodifluoromethane and difluoroethane 
mixture (constant boiling mixture) (R-500)'', remove the phrases ``DOT-
4A240;'' and ``DOT-9;'';
    h. For the entry ``Hydrogen sulfide'', remove the phrase ``DOT-
4A480;'';
    i. For the entry ``Insecticide, gases liquefied'', remove the 
phrases ``DOT-9; DOT-40;'' and ``DOT-41;'';
    j. For the entry ``Methyl acetylene-propadiene, mixtures, 
stabilized'', remove the phrase ``DOT-4; DOT-41;'';
    k. For the entry ``Methyl chloride'', remove the phrases ``DOT-
4A225;'' ``DOT-4; DOT-38;'' and ``DOT-4A150;'';
    l. For the entry ``Refrigerant gas, n.o.s. or Dispersant gas, 
n.o.s.'', remove the phrases ``DOT-4A240;'' and ``DOT-9;'';
    m. For the entry ``Sulfur dioxide'', remove the phrases ``DOT-
4A225;'' and ``DOT-4; DOT-38;'';
    n. For the entry ``Trifluorochloroethylene, stabilized'', remove 
the phrase ``DOT-4A300;''.
    24. In Sec.  173.314, paragraph (g)(1) is revised to read as 
follows:


Sec.  173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (g) * * *
    (1) The shipper shall notify the Federal Railroad Administration 
whenever a tank car is not received by the consignee within 20 days 
from the date of shipment. Notification to the Federal Railroad 
Administration may be made by e-mail to [email protected] or 
telephone call to (202) 493-6229.
* * * * *
    25. In Sec.  173.315, in the paragraph (a) table, column 4, amend 
the entry ``Ammonia, anhydrous or Ammonia solutions with greater than 
50% ammonia'' by removing the wording ``Notes 12 and 17'' and adding 
the wording ``Notes 12, 17 and 27'' in its place and following the 
table, add Note 27 in the appropriate numerical order to read as 
follows:


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

* * * * *
    (a) * * *

    Note 27:
    Non-specification cargo tanks may be used for transportation of 
Ammonia, anhydrous and ammonia solutions with greater than 50% 
ammonia, subject to the conditions prescribed in paragraph (m) of 
this section.

* * * * *
    26. In Sec.  173.319, paragraph (a)(3) is revised to read as 
follows:


Sec.  173.319  Cryogenic liquids in tank cars.

* * * * *
    (a) * * *
    (3) The shipper shall notify the Federal Railroad Administration 
whenever a tank car containing any flammable cryogenic liquid is not 
received by the consignee within 20 days from the date of shipment. 
Notification to the Federal Railroad Administration may be made by e-
mail to [email protected] or telephone call to (202) 493-6229.
* * * * *
    27. In Sec.  173.337, introductory text, the first sentence is 
revised to read as follows:


Sec.  173.337  Nitric oxide.

    Nitric oxide must be packed in DOT 3A1800, 3AA1800, 3E1800, or 
3AL1800 cylinders charged to a pressure of not more than 5,170 kPa (750 
psig) at 21 [deg]C (70 [deg]F) and conforming to the requirements in 
Sec.  173.40. * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

    29. In Sec.  178.338-2, paragraph (a), the last sentence is revised 
to read as follows:


Sec.  178.338-2  Material.

    (a) * * * All material used for evacuated jacket pressure parts 
must conform to the chemistry and steelmaking practices of one of the 
material specifications of Section II of the ASME Code or the following 
ASTM Specifications: A 242, A 441, A514, A572, A 588, A 606, A 633, A 
715, A1008/A 1008M, A 1011/A 1011M.
* * * * *


Sec.  178.345-2  [Amended]

    30. In Sec.  178.345-2, paragraph (a)(1), the wording ``ASTM A 
607'' is removed and the wording ``ASTM A 1008/ A 1008M, ``ASTM A 1011/
A 1011M'' is added in the appropriate numerical order.


Sec.  178.606  [Amended]

    31. In Sec.  178.606, in paragraph (c)(2)(ii), make the following 
changes:
    a. For the formula, remove the wording ``Solids: A = (n - 1) [w + 
(s x v x 8.3 x .95) x 1.5'' and add the wording ``Solids: A = (n - 1) 
(m x 1.5)'' in its place; and
    b. In the definitions following the formula, add the wording 
``m=the certified maximum gross mass for the container in kilograms;'' 
in appropriate alphabetical order.

PART 179--SPECIFICATIONS FOR TANK CARS

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

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

    33. In Sec.  179.200-7, paragraph (e), the first sentence is 
revised to read as follows:


Sec.  179.200-7  Materials.

* * * * *
    (e) Nickel plate. Nickel plate must comply with the following 
specification (IBR, see Sec.  171.7 of this subchapter): * * *
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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


[[Page 49858]]


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

    35. In Sec.  180.205, paragraphs (c)(2)(I), (I)(2) and (I)(3) are 
revised to read as follows:


Sec.  180.205  General requirements for requalification of cylinders.

* * * * *
    (c) * * *
    (2) * * *
    (i) Rejected and may be repaired or rebuilt in accordance with 
Sec.  180.211 or 180.212, as appropriate; or
* * * * *
    (i) * * *
    (2) When a cylinder must be condemned, the requalifier must --
    (i) Stamp a series of X's over the DOT specification number and the 
marked pressure or stamp ``CONDEMNED'' on the shoulder, top head, or 
neck using a steel stamp;
    (ii) For composite cylinders, securely affix a label with the word 
``CONDEMNED'', overcoated with epoxy near but not obscuring the 
original manufacturer's label, to the cylinder; or
    (iii) As an alternative to the stamping or labeling as described in 
this paragraph (I)(2), at the direction of the owner, the requalifier 
may render the cylinder incapable of holding pressure.
    (3) No person may remove or obliterate the ``CONDEMNED'' marking. 
In addition, the requalifier must notify the cylinder owner, in 
writing, that the cylinder is condemned and may not be filled with 
hazardous material and offered for transportation in commerce where use 
of a specification packaging is required.
    36. A new section 180.212 is added to read as follows:


Sec.  180.212  Repair of DOT-3 series specification cylinders.

    (a) General requirements for repair of DOT 3 series cylinders. No 
person may repair a DOT 3-series cylinder unless prior approval has 
been obtained in accordance with this section. The repair facility must 
hold an approval as specified in Sec.  107.805 of this subchapter. The 
repair and the inspection must conform to the requirements of the 
applicable cylinder specification contained in part 178 of this 
subchapter and, except as provided in paragraph (b) of this section, 
the provisions of an approval issued under subpart H of Part 107 of 
this subchapter. The person performing the repair must prepare a report 
containing, at a minimum, the results prescribed in Sec.  180.215.
    (b) Repairs not requiring prior approval. Approval is not required 
for the following specific repairs:
    (1) The removal and replacement of a neck ring or foot ring on a 
DOT 3A, 3AA, or 3B cylinder that does not affect a pressure part of the 
cylinder when performed by a repair facility or a cylinder manufacturer 
of these types of cylinders. The repair may be made by welding or 
brazing in conformance with the original specification. After removal 
and before replacement, the cylinder must be visually inspected and 
defective cylinders must be rejected. The heat treatment, testing and 
inspection of the repair under the supervision of an inspector must be 
performed in accordance with the original specification.
    (2) External re-threading of a DOT 3AX, 3AAX or 3T cylinder or 
internal re-threading of a DOT-3 series cylinder to restore the total 
number of neck threads engaged to the condition specified in the 
applicable specification. The repair work must be performed by the 
original manufacturer of the cylinder. Upon completion of the re-
threading, the threaded opening must be inspected by an independent 
inspection agency and gauged in accordance with Federal Standard H-28 
or an equivalent standard containing the same specification limits. The 
re-threaded cylinder must be stamped clearly and legibly with the words 
``RETHREAD'' on the shoulder, top head, or neck. No cylinder may be re-
threaded more than one time without approval of the Associate 
Administrator.
    37. In Sec.  180.417, paragraph (b)(2)(v) is revised to read as 
follows:


Sec.  180.417  Reporting and record retention requirements.

* * * * *
    (b) * * *
    (2) * * *
    (v) ASME or National Board Certificate of Authorization number of 
facility performing repairs, if applicable;
* * * * *

    Issued in Washington, DC on August 5, 2004, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 04-18357 Filed 8-11-04; 8:45 am]
BILLING CODE 4910-60-P