[Federal Register Volume 69, Number 172 (Tuesday, September 7, 2004)]
[Rules and Regulations]
[Pages 54042-54047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19742]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 106, 107, 171, 172, 173, 178, 179 and 180

[Docket No. RSPA-04-16099 (HM-189W)]
RIN 2137-AD99


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 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, 2004.

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

[[Page 54043]]

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. In addition, making these amendments 
effective without the customary 30-day delay following publication will 
allow the changes to appear in the next revision of 49 CFR.
    The following is a section-by-section summary of the amendments 
made under this final rule. It does not discuss all minor editorial 
corrections (for example, punctuation errors) and certain other minor 
adjustments to enhance the clarity of the HMR.

II. Section-by-Section Review

Part 106

    Section 106.70. In paragraph (b), in the first sentence, the 
wording ``on you which are commenting'' is revised to read ``on which 
you are commenting.''

Part 107

    Section 107.219. In paragraph (c), we are removing an obsolete 
reference to Sec.  107.201(c).
    Appendix A to Subpart D of Part 107: In Appendix A to subpart D of 
part 107, in the List of Frequently Cited Violations in Part II, under 
the heading ``General Requirements'' under ``B. Training 
requirements:'' entry 2. b., we are updating the Baseline assessment 
from ``$250'' to read ``$275''. Also under the heading ``Offeror 
Requirements--All hazardous materials,'' under ``D. Package Marking 
Requirements,'' we are correcting the section reference ``Sec.  
172.303(a)(4)'' to read ``Sec.  172.304(a)(4)'' in entry 8.

Part 171

    Section 171.6. In paragraph (b)(2), the table of OMB control 
numbers is revised to reflect current affected sections for OMB Control 
Number 2137-0557.

Part 172

    Section 172.101 Hazardous Materials Table (HMT). We are amending 
the HMT to correct certain entries, as follows:

--For the entry ``Detonators, non-electric, for blasting,'' UN0455, in 
column (10A), the vessel stowage location code ``5'' is corrected to 
read ``05.''
--For the entry ``Etching acid, liquid, n.o.s., see Hydrofluoric acid, 
solution etc.,'' in Column (2), the word ``solution'' is corrected from 
Roman type to italics.
--For the entry ``Gasoline,'' 3, UN1203, in column (7), Special 
Provision ``B101'' is corrected to read ``B1.''
--For the entry ``Methyl mercaptopropionaldehyde, see Thia-4-
pentanal,'' in Column (2), the word ``Thia-4-pentanal'' is corrected to 
read ``4-Thiapentanal.''
--For the entry ``Perfumery Products, with flammable solvents,'' 
UN1266, Packing Group II, in column (9A), the quantity limitation for 
passenger aircraft/rail is corrected to read ``15 L.'' This error 
appears in Docket No. RSPA-2004-18575 (HM-189X) effective October 1, 
2004 (July 13, 2004; 69 FR 41967).
--For the entry ``Self-reactive liquid type F, UN3229,'' Column (1) is 
revised by reinstating the letter ``G,'' which was inadvertently 
omitted in a recent rulemaking published on June 22, 2004, under Docket 
No. RSPA 2003-13658 (HM-215E), ``Response to Appeals and Corrections,'' 
(69 FR 34604).
--For the entry ``Wood preservatives, UN1306,'' the proper shipping 
name is corrected to read, ``Wood preservatives, liquid.'' This error 
appears in Docket No. RSPA-2004-18575 (HM-189X).

    Section 172.102. In paragraph (c)(7)(vi)(D)(3), we are correcting 
the spelling of the word ``not.''
    Section 172.202. In paragraph (a)(2), we are correcting the 
reference to the section number for the Hazardous Materials Table. In 
paragraph (a)(2)(ii), we are correcting a proper shipping name by 
adding ``n.o.s.'' to ``Combustible liquid.''
    Section 172.512. In paragraphs (a)(3) and (b)(3), we are correcting 
section references.

Part 173

    Section 173.32. In paragraph (c)(3), in the second sentence, we are 
correcting the reference ``Sec.  178.275(f)(4)'' to read ``Sec.  
178.275(f)(1).''
    Section 173.61. In paragraph (c), we are correcting the ID number 
``NA 0350'' to read ``UN 0350.''
    Section 173.133. Paragraphs (b)(1)(i) and (iii), in the formula, we 
are correcting ``LC50i'' to read ``LC50i'' and 
``LC50i'' to read ``LC50i.''
    Section 173.185. Paragraphs (g)(2) and (j) are corrected to provide 
the correct section reference.
    Section 173.225. In the Organic Peroxide Table, for the entry 
``tert-Butyl peroxyneodecanoate [as a stable dispersion in water],'' 
UN3117, <=52, under column (6), ``Packing method'' we are removing ``, 
IBC'' which is an error. Section 173.225(b)(6) states that the 
designation ``IBC'' means that Special Provision IB52 in the Hazardous 
Material Table in Sec.  172.102 applies. Special Provision IB52 does 
not list ``UN3117'' as an authorized hazardous material for transport 
in an IBC. An IBC, however, may be authorized for this hazardous 
material when approved by the Associate Administrator as stated in 
Sec.  172.102(c)(4).
    Section 173.315. In paragraph (j)(3), in the last sentence, we are 
correcting the reference ``Sec.  177.834(g)'' to read ``Sec.  
177.834(a).''
    Section 173.316. In paragraph (b), we are making a minor editorial 
revision and correcting the reference ``Sec.  173.34(d)'' to read 
``Sec.  173.301(f).''

Part 178

    Section 178.68. In paragraph (i)(2), in the first sentence, we are 
correcting the reference ``(i)(1)(i)'' to read ``(i)(1).''
    Section 178.276. In paragraph (f), we are correcting the section 
reference ``Sec.  178.275(h)'' to read ``Sec.  178.275(i).''
    Section 178.358-5. In paragraph (c), we are correcting the 
parenthetical phase ``(incorporated by reference; see Sec.  171.1 of 
this subchapter)'' to read ``(IBR, see Sec.  171.7 of this 
subchapter).''
    Section 178.609. We are revising the wording in paragraphs (d)(1) 
and (2) to clarify test requirements for infectious substances 
packagings.
    Section 178.707. In paragraph (c)(3)(iv), in the first sentence, we 
are correcting the wording ``INCs'' to read ``IBCs.''

Part 179

    Section 179.200-16. In paragraph (e), in the last sentence, we are 
correcting the section reference ``Sec.  179.201-1(a)'' to read ``Sec.  
179.201-1.''
    Section 179.220-17. In paragraph (e), in the last sentence, we are 
correcting the section reference ``Sec.  179.221-1(a)'' to read ``Sec.  
179.221-1.''
    Section 179.300-1. We are revising the section heading to remove an 
obsolete reference to Sec.  179.302.

Part 180

    Section 180.403. In the definition for ``Replacement of a barrel,'' 
we are correcting the section reference ``Sec.  178.337-1'' to read 
``Sec.  178.320.''
    Section 180.417. Paragraph (b)(1)(v) is duplicative of the 
requirement in paragraph (b)(2)(v). Therefore, we are removing 
paragraph (b)(1)(v) and

[[Page 54044]]

redesignating paragraph (b)(2)(v) as paragraph (b)(1)(v). Paragraph 
(b)(2)(v) is being reserved.

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 is 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 $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.

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 106

    Administrative practice and procedure, Hazardous materials 
transportation.

49 CFR Part 107

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

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, 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, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 180

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

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

PART 106--RULEMAKING PROCEDURES

0
1. The authority citation for part 106 continues to read as follows:

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

0
2. In Sec.  106.70, paragraph (b) is revised to read as follows:


Sec.  106.70  Where and when to file comments.

* * * * *
    (b) Make sure that your comments reach us by the deadline set out 
in the rulemaking document on which you are commenting. We will 
consider late filed comments to the extent possible.
* * * * *

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
3. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127, 44701; Pub. L. 101-410 section 4 
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 
104-134 section 31001; 49 CFR 1.45, 1.53.

0
4. In Sec.  107.219, paragraph (c) introductory text is revised to read 
as follows:


Sec.  107.219  Processing.

* * * * *
    (c) The Associate Administrator will only consider an application 
for waiver of preemption determination if--
* * * * *

0
5. In Appendix A to subpart D of part 107, in the List of Frequently 
Cited Violations (part II), under the heading ``General Requirements'' 
under ``B. Training requirements:'' entry 2.b. and under the heading 
``Offeror Requirements--All hazardous materials'' under ``D. Package 
Marking Requirements:'', entry 8, are revised to read as follows:

[[Page 54045]]



                                    II.--List of Frequently Cited Violations
----------------------------------------------------------------------------------------------------------------
           Violation description               Section or cite                  Baseline assessment
----------------------------------------------------------------------------------------------------------------
                                              General Requirements
 
                                                  * * * * * * *
B. Training requirements: * * *
2. * * *..................................  ....................
b. 10 hazmat employees or fewer...........  ....................  $275 and up each area.
 
                                                 * * * * * * *
                                 Offeror Requirements--All hazardous materials
D. Package Marking Requirements: * * *
8. Failure to locate required markings             172.304(a)(4)  $800.
 away from other markings that could
 reduce their effectiveness.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
6. 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.


0
7. In Sec.  171.6, in the paragraph (b)(2) Table, the entry for ``2137-
0557'' is revised to read as follows:


Sec.  171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) Table.
* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                           Title 49 CFR part or section where
      Current OMB control No.                      Title                        identified and described
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2137-0557..........................  Approvals for Hazardous           Sec.  Sec.   107.402; 107.403; 107.405;
                                      Materials.                        107.503; 107.705; 107.713; 107.715;
                                                                        107.717; 107.803; 107.805; 107.807;
                                                                        110.30; 172.101; 172.102, Special
                                                                        Provisions 26, 19, 53, 55, 60, 105, 118,
                                                                        121, 125, 129, 131, 133, 136, 172.102,
                                                                        Special Provisions 26, 19, 53, 55, 60,
                                                                        105, 118, 121, 125, 129, 131, 133, 136;
                                                                        Special Provisions B45, B55, B61, B69,
                                                                        B77, B81, N10, N72; 173a; 173.4; 173.7;
                                                                        173.21; 173.22; 173.24; 173.38; 173.31;
                                                                        173.51; 173.56; 173.58; 173.59; 173.124;
                                                                        173.128; 173.159; 173.166; 173.171;
                                                                        173.214; 173.222; 173.224; 173.225;
                                                                        173.245; 173.301; 173.305; 173.306;
                                                                        173.314; 173.315; 173.316; 173.318;
                                                                        173.334; 173.340; 173.411; 173.433;
                                                                        173.457; 173.471; 173.472; 173.476;
                                                                        174.50; 174.63; 175.10; 175.701;
                                                                        176.168; 176.340; 176.704; 178.3;
                                                                        178.35; 178.47; 178.53; 178.270-3;
                                                                        178.270-13; 178.273; 178.274; 178.503;
                                                                        178.509; 178.605; 178.606; 178.608;
                                                                        178.801; 178.813; 180.213.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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

0
8. 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
9. In Sec.  172.101, in the Hazardous Materials Table, the following 
changes are made:
0
a. For the entry ``Detonators, non-electric, for blasting'', UN0455, in 
column (10A), ``5'' is removed and ``05'' is added in its place.
0
b. For the entry ``Etching acid, liquid, n.o.s., see Hydrofluoric acid, 
solution etc'', in Column (2), ``solution'' is removed and 
``solution,'' is added in its place.
0
c. For the entry ``Gasoline'', 3, UN1203, in column (7), ``B101'' is 
removed and ``B1'' is added in its place.
0
d. For the entry ``Methyl mercaptopropionaldehyde, see Thia-4-
pentanal'', in Column (2), the word ``Thia-4-pentanal'' is removed and 
``4-Thiapentanal'' is added in its place.
0
e. For the entry ``Perfumery products, with flammable solvents'', 
UN1266, in column (9A), ``5 L'' is removed and ``15 L'' is added in its 
place.
0
f. For the entry ``Self-reactive liquid type F'', UN3229, in Column 
(1), the letter ``G'' is added.
0
g. For the entry ``Wood preservatives'', UN1306, in column (2), the 
word ``Wood preservatives'' is removed and ``Wood preservatives, 
liquid'' is added in its place.

0
10. In Sec.  172.102, paragraph (c)(7)(vi)(D)(3), is revised to read as 
follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (7) * * *
    (vi) * * *
    (D) * * *

[[Page 54046]]

    (3) When no bottom openings are authorized, the alternative 
portable tank must not have bottom openings.
* * * * *

0
11. In Sec.  172.202, the first sentence in paragraph (a)(2) 
introductory text and paragraph (a)(2)(ii) are revised to read as 
follows:


Sec.  172.202  Description of hazardous material on shipping papers.

    (a) * * *
    (2) The hazard class or division number prescribed for the 
material, as shown in Column (3) of the Sec.  172.101 Table. * * *
* * * * *
    (ii) The hazard class need not be included for the entry 
``Combustible liquid, n.o.s.''.
* * * * *

0
12. In Sec.  172.512 paragraph (a)(3) and (b)(3) are revised to read as 
follows:


Sec.  172.512  Freight containers and aircraft unit load devices.

    (a) * * *
    (3) Placarding is not required on a freight container or aircraft 
unit load device if it is only transported by air and is identified as 
containing a hazardous material in the manner provided in part 7, 
chapter 2, section 2.7, of the ICAO Technical Instructions (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *
    (b) * * *
    (3) Is identified as containing a hazardous material in the manner 
provided in part 7, chapter 2, section 2.7, of the ICAO Technical 
Instructions. When hazardous materials are offered for transportation, 
not involving air transportation, in a freight container having a 
capacity of less than 640 cubic feet the freight container need not be 
placarded. However, if not placarded, it must be labeled in accordance 
with subpart E of this part.
* * * * *

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

0
13. 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
14. In Sec.  173.32, in the second sentence in paragraph (c) (3), the 
wording ``Sec. Sec.  178.275(f)(4) and 178.277'' is revised to read 
``Sec. Sec.  178.275(f)(1) and 178.277''.


Sec.  173.61  [Amended].

0
15. In Sec.  173.61, in paragraph (c), the ID number ``NA 0350'' is 
revised to read ``UN 0350'' and placed in alphanumeric order.

0
16. In Sec.  173.133, the formulas in paragraphs (b)(1)(ii) and 
(b)(1)(iii) are revised to read as follows:


Sec.  173.133  Assignment of packaging group and hazard zones for 
Division 6.1 materials.

* * * * *
    (b) * * *
    (1) * * *
    (i) The LC50 of the mixture is estimated using the 
formula:
[GRAPHIC] [TIFF OMITTED] TR07SE04.000

    * * *
    (iii) The ratio of the volatility to the LC50 is 
calculated using the formula:
[GRAPHIC] [TIFF OMITTED] TR07SE04.001

* * * * *


Sec.  173.185  [Amended].

0
17. In Sec.  173.185, the following changes are made:
0
a. In paragraph (g)(2), the wording ``(e)(5)'' is revised to read 
``(e)(4)''.
0
b. In paragraph (j), the wording ``(e)(5)'' is revised to read 
``(e)(4)''.


Sec.  173.225  [Amended].

0
18. In Sec.  173.225, in the paragraph (b), in the Organic Peroxide 
Table, for the entry ``tert-Butyl peroxyneodecanoate [as a stable 
dispersion in water], UN3117, <=52'', in column (6), ``OP8, IBC'' is 
revised to read ``OP8''.

0
19. In Sec.  173.315, paragraph (j)(3) is revised to read as follows:


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

* * * * *
    (j) * * *
    (3) The containers must be braced or otherwise secured on the 
vehicle to prevent relative motion while in transit. Valves or other 
fittings must be adequately protected against damage during 
transportation. (See Sec.  177.834(a) of this subchapter.)
* * * * *


Sec.  173.316  [Amended].

0
20. In Sec.  173.316, paragraph (b), the wording ``Sec.  173.34(d)'' is 
revised to read ``Sec.  173.301(f)''.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

0
22. In Sec.  178.68, paragraph (i)(2) is revised to read as follows:


Sec.  178.68  Specification 4E welded aluminum cylinders.

* * * * *
    (i) * * *
    (2) If the weld is at midlength of the cylinder, the test may be 
made as specified in paragraph (i)(1) of this section or must be made 
between wedge shaped knife edges (60[deg] angle) rounded to a \1/2\ 
inch radius. There must be no evidence of cracking in the sample when 
it is flattened to no more than 6 times the wall thickness.
* * * * *


Sec.  178.276  [Amended].

0
23. In Sec.  178.276, in paragraph (f), in the fourth sentence, the 
wording ``Sec.  178.275(h)'' is revised to read ``Sec.  178.275(i)''.

0
24. In Sec.  178.358-5, paragraph (c) is revised to read as follows:


Sec.  178.358-5  Required markings.

* * * * *
    (c) For Specification 21PF-1A and -1B only, the markings required 
by this section must be affixed to each overpack by inscription upon a 
metal identification plate 11 inches wide x 15 inches long (28 cm x 38 
cm), fabricated of 16 to 20 gauge stainless steel sheet, ASTM A-240/A 
240M (IBR, see Sec.  171.7 of this subchapter), Type 304L.
* * * * *

0
25. In Sec.  178.609, the introductory text to paragraphs (d)(1) and 
(d)(2) are revised to read as follows:


Sec.  178.609  Test requirements for packaging for infectious 
substances.

* * * * *
    (d) * * *
    (1) Where the samples are in the shape of a box, five samples must 
be dropped, one in each of the following orientation: * * *
    (2) Where the samples are in the shape of a drum, three samples 
must be dropped, one in each of the following orientations: * * *

0
26. In Sec.  178.707, paragraph (c)(3)(iv) is revised to read as 
follows:


Sec.  178.707  Standards for composite IBCs.

* * * * *
    (c) * * *
    (3) * * *
    (iv) Composite IBCs intended for the transportation of liquids must 
be capable of releasing a sufficient amount of vapor to prevent the 
body of the IBC from rupturing if it is subjected to an internal 
pressure in excess of that for which it was hydraulically tested. This 
may be achieved by spring-loaded or

[[Page 54047]]

non-reclosing pressure relief devices or by other means of 
construction.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

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

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


Sec.  179.200-16  [Amended].

0
28. In Sec.  179.200-16, in paragraph (e), in the last sentence, the 
reference ``Sec.  179-201-1(a)'' is corrected to read ``Sec.  179.201-
1''.


Sec.  179.220-17  [Amended].

0
29. In Sec.  179.220-17, in paragraph (e), in the last sentence, the 
reference ``Sec.  179-221-1(a)'' is corrected to read ``Sec.  179.221-
1''.

0
30. In Sec.  179.300-1, the section heading is revised to read as 
follows:


Sec.  179.300-1  Tanks built under these specifications shall meet the 
requirements of Sec. Sec.  179.300 and 179.301.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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

0
32. In Sec.  180.403, the definition of ``Replacement of a barrel'' is 
revised to read as follows:


Sec.  180.403  Definitions.

* * * * *
    Replacement of a barrel means to replace the existing tank on a 
motor vehicle chassis with an unused (new) tank. For the definition of 
tank, see Sec.  178.320, Sec.  178.345, or Sec.  178.338-1 of this 
subchapter, as applicable.
* * * * *

0
33. In Sec.  180.417, paragraph (b)(1)(v) is revised, and paragraph 
(b)(2)(v) is removed and reserved, to read as follows:


Sec.  180.417  Reporting and record retention requirements.

* * * * *
    (b) * * *
    (1) * * *
    (v) Minimum thickness of the cargo tank shell and heads when the 
cargo tank is thickness tested in accordance with Sec.  180.407(d)(4), 
Sec.  180.407(e)(3), Sec.  180.407(f)(3), or Sec.  180.407(i);
* * * * *

    Issued in Washington, DC, on August 17, 2004, under authority 
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Deputy Administrator.
[FR Doc. 04-19742 Filed 9-3-04; 8:45 am]
BILLING CODE 4910-60-P