[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Rules and Regulations]
[Pages 27166-27176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12955]
[[Page 27165]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, etc.
Revision of Miscellaneous Hazardous Materials Regulations; Regulatory
Review; Final Rule
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules
and Regulations
[[Page 27166]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 176, 177, 178, and 180
[Docket HM-222B; Amdt. Nos. 171-145, 172-149, 173-253, 176-40, 177-87,
178-116, and 180-9]
RIN 2137-AC76
Revision of Miscellaneous Hazardous Materials Regulations;
Regulatory Review
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is amending the Hazardous Materials Regulations (HMR)
based on its review of the HMR and on written and oral comments
received from the public concerning regulatory reform. The intended
effect of this rulemaking is to reduce unnecessary regulatory burdens
on industry and make the regulations shorter and easier to use without
compromising public safety. In particular, RSPA is reducing the
requirements pertaining to training frequency, incident reporting, and
emergency response telephone numbers. This action is in response to
President Clinton's March 4, 1995 memorandum to heads of departments
and agencies calling for a review of all agency regulations.
DATES: Effective date. October 1, 1996.
Compliance date. Immediate compliance is authorized.
Incorporation by reference. The incorporation by reference of a
publication listed in this amendment is approved by the Director of the
Federal Register as of October 1, 1996.
FOR FURTHER INFORMATION CONTACT: John A. Gale, (202) 366-8553; Office
of Hazardous Materials Standards, or Karin V. Christian, (202) 366-
4400, Office of the Chief Counsel, RSPA, Department of Transportation,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to heads of
departments and agencies calling for a review of all agency regulations
and elimination or revision of those regulations that are outdated or
in need of reform. In response to the President's directive, RSPA
performed an extensive review of the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180) and associated procedural rules (49 CFR
Parts 106 and 107).
The President also directed that front line regulators ``* * * get
out of Washington and create grassroots partnerships'' with people
affected by agency regulations. On April 4, 1995, RSPA published in the
Federal Register (60 FR 17049) a notice announcing seven public
meetings and requesting comments on its hazardous materials safety
program. RSPA requested comments on ways to improve the HMR and the
kind and quality of services its customers want. RSPA received over 50
written comments in response to the notice. On July 28, 1995, RSPA
published a second notice (60 FR 38888) announcing five more public
meetings that were held between September 1995 and January 1996.
On February 20, 1996, RSPA published a Notice of Proposed
Rulemaking (NPRM) (61 FR 6478) under Docket HM-222B that proposed to
amend various sections of the HMR based on agency initiative and on
written and oral comments received from the public on regulatory
reform. In particular, RSPA proposed to reduce the requirements
pertaining to training frequency, incident reporting, and emergency
response telephone numbers.
II. Summary of Amendments
RSPA received approximately 90 comments to the NPRM. Most of the
comments supported the proposals and requested that RSPA adopt them as
soon as possible. The commenters, including many small businesses,
stated that they would benefit directly from the adoption of the
proposal in Docket HM-222B without any reduction of safety. Several
commenters commended RSPA's commitment to effecting meaningful
regulatory reform. Some commenters, however, did raise concerns about
the impact on safety if these proposals were adopted. Commenters also
raised issues that were beyond the scope of the proposed rule; however,
these issues may be considered in future rulemakings.
RSPA believes that the amendments adopted in this final rule strike
a balance between safety and costs imposed on the regulated community.
RSPA does not believe that the result of the amendments in this final
rule will be a decrease in safety to the public or the environment.
Part 171
Section 171.16. In the NPRM, RSPA proposed, except for materials
transported by aircraft, to except limited quantities of Packing Group
II and III materials from the incident reporting requirements in
Sec. 171.16. RSPA stated in the NPRM that continued reporting of
certain incidents involving limited quantities would be of minimal
value when weighed against the burden on the carriers required to
prepare incident reports.
RSPA received a number of comments on the proposal to revise the
incident reporting requirements. Most of the commenters supported the
proposal and cited the cost savings to the regulated community without
any decrease in safety. Some commenters did not agree with the proposal
and stated that large numbers of limited quantity packages could cause
a serious incident to occur. Others requested that the proposal be
modified to except only that material which can be controlled in the
immediate release area. RSPA believes that the continued reporting of
incidents involving these materials is of minimal value when weighed
against the burden placed on carriers who are required to prepare and
submit incident reports. In addition, if a large number of limited
quantity packages causes a serious incident to occur that meets a
criterion in Sec. 171.15, a written report is still required.
Therefore, RSPA is adopting this amendment as proposed.
Part 172
Section 172.101. As proposed, RSPA is amending the Sec. 172.101
Table for the entries ``Cartridges for weapons, blank, or Cartridges,
small arms, blank, UN 0014''; ``Cartridges for weapons, inert
projectile, or Cartridges, small arms, UN0012''; ``Cartridges, power
device, UN0323''; and ``Cartridges, small arms'', in Column (7), by
removing the reference ``112''. Also for these entries, in Column (8A)
of the Sec. 172.101 Table, the word ``None'' or ``230'', as
appropriate, is removed and replaced with ``63''. The provisions to
reclass an explosive as an ORM-D material, currently contained in
Special Provision 112 and in Sec. 173.230(b), are relocated to
Sec. 173.63(b) to minimize confusion.
RSPA is also amending, as proposed, Column (7) of the Sec. 172.101
Table for the entry ``Ethanol or Ethyl alcohol or Ethanol solutions or
Ethyl alcohol solutions'' by adding Special Provision ``24'' to allow
ethanol the same packing group criteria as alcoholic beverages.
In this final rule, RSPA is also making some minor changes to the
headings of some of the columns of the Hazardous Materials Table. The
headings for columns (8), (8B) and (8C) are revised to read ``Packaging
(Sec. 173.***)'', ``Nonbulk'', and ``Bulk'', respectively. The headings
for column (9A), (10), (10A) and (10B) are revised to read ``Passenger
aircraft/rail'', ``Vessel; Stowage'', ``Location'', and ``Other'',
respectively. These changes will make
[[Page 27167]]
the headings more descriptive of the referenced requirements therein
and will also decrease the size of the Hazardous Materials Table.
Section 172.102. As proposed, RSPA is removing Special Provision
112.
Section 172.201. As proposed, RSPA is amending Sec. 172.201(d) by
adding a cross-reference to Sec. 172.604(c).
Sections 171.11, 172.203 and 172.324. Currently, all constituents
in a mixture or solution that meet the definition of ``hazardous
substance'' in Sec. 171.8 must be identified on shipping papers and
package markings. In the NPRM, RSPA proposed to require that at least
two hazardous substances be identified on shipping papers and package
markings for hazardous materials containing two or more hazardous
substances. This proposal is consistent with the technical name
requirements in Sec. 172.203(k).
RSPA received several comments in support of this proposed change.
Commenters stated these changes would facilitate overall compliance.
Some commenters who supported the proposal requested that RSPA provide
guidance on which hazardous substances should be identified. A
commenter opposed to the change stated that the Environmental
Protection Agency (EPA) requires that persons who have custody of
hazardous substances report the release of every constituent hazardous
substance for these materials.
RSPA does not believe that requiring only two constituent hazardous
substances to be identified on shipping papers and package markings
will cause persons to be in violation of the EPA's reporting
requirements in 40 CFR 302.6. However, in response to the comments,
RSPA is not adopting the rule as proposed but is modifying the proposal
to require identification of those hazardous substances with the lowest
reportable quantities (RQ). For release of mixtures or solutions,
including hazardous wastes, where the amount of the mixture or solution
is unknown, a person is required under 40 CFR 302.6, to report to the
National Response Center (NRC) when the amount of the mixture or
solution equals or exceeds the lowest RQ. Therefore, if the two
materials with the lowest RQs are identified, a carrier will have
sufficient information to satisfy the reporting requirements of the EPA
under 40 CFR 302.6. In addition, RSPA is revising Sec. 171.11(d)(1) to
be consistent with the changes in Secs. 172.203 and 172.324.
RSPA also proposed to remove paragraph (e)(3) to eliminate the
requirement to include the statement ``RESIDUE: Last Contained * * *''
on shipping papers for a shipping description of packages containing
only the residue of a hazardous substance. Many commenters
misunderstood the proposal as also removing the requirement to enter
the statement ``RESIDUE: Last Contained * * *'' before the shipping
description for a tank car which contains the residue of a hazardous
substance. This is not the case. The shipping description for a tank
car that contains the residue of a hazardous material, including a
hazardous substance, is required by Sec. 172.203(e)(2) to be prefaced
with the statement ``RESIDUE: Last Contained * * *''. The removal of
Sec. 172.203(e)(3) eliminates the requirement to preface the shipping
description of a residue of a hazardous substance in a package other
than a tank car (e.g., drum or cargo tank) with the statement
``RESIDUE: Last Contained * * *.''
Section 172.316. Based on a comment received under Docket HM-222,
RSPA proposed to modify Sec. 172.316 to allow the CLASS 9 label in
place of the ORM-D marking on packages of consumer commodities. RSPA
received only two comments on this proposal, both opposing it. One of
the comments was submitted by the commenter who had suggested the
revision. Since the commenter originally requesting the revision
believes the change would cause unnecessary confusion and would require
the retraining of numerous employees with minimal benefit, RSPA is not
adopting the proposal to allow the CLASS 9 label in place of the ORM-D
marking.
Section 172.402. As proposed, RSPA is revising Sec. 172.402 by
adding an exception from the requirement for subsidiary hazard labeling
for certain packages of Class 7 (radioactive) materials that also meet
the definition of another hazard class, except Class 9. These Class 7
materials conform to all requirements in Sec. 173.4, except for their
specific activity level, which exceeds permissible limits for a limited
quantity radioactive material.
Section 172.500. As proposed, RSPA is amending this section by
adding a new paragraph (b)(4) to clarify that small quantities of
hazardous materials prepared in accordance with Sec. 173.13 are
excepted from the placarding requirements of Subpart F of Part 172.
Section 172.600. As proposed, RSPA is excepting all ORM-D material
from the emergency response information and telephone number
requirements of Subpart G of Part 172, even when offered for
transportation or transported by aircraft.
Section 172.604. Based on its own initiative and petitions for
rulemaking, and because of the belief that the costs to implement these
requirements outweigh the benefits, RSPA proposed to except the
following materials from emergency response telephone number
requirements: (1) Liquid petroleum distillate fuels (e.g., gasoline,
propane, and diesel fuel); (2) limited quantities of hazardous
materials; and (3) materials described under the shipping names
``Engines, internal combustion''; ``Battery powered equipment'';
``Battery powered vehicle''; ``Wheelchair, electric''; ``Carbon
dioxide, solid''; ``Dry ice''; ``Fish meal, stabilized''; ``Fish scrap,
stabilized''; ``Castor bean''; ``Castor meal''; ``Castor flake'';
``Castor pomace''; and ``Refrigerating machine''.
RSPA received numerous comments opposing the proposal to except
liquid petroleum distillate fuels from the 24-hour emergency response
telephone number requirement. Commenters opposing the proposed
exception included: emergency responders, petroleum transporters, trade
associations, State and local agencies, environmental contractors and
consultants, and a railroad association. These commenters stated that
the benefits of retaining the 24-hour telephone number for liquid
petroleum distillate fuels outweigh the costs. Commenters stated that
the 24-hour telephone number enables emergency responders to
immediately contact the parties involved to arrange for clean-up of a
spill. A commenter stated that information on the composition of a
particular gasoline may be available only from the shipper through the
emergency response telephone number. Other commenters stated that many
gasolines contain ethyl alcohol, methyl alcohol or other oxygenating
components that traditional firefighting foams are considerably less
effective on than are alcohol foams. Commenters also stated that many
small fire departments have never handled a major spill involving large
volumes of gasoline or propane. The commenters stated that responders
need every resource available to them in the event of a hazardous
materials spill.
RSPA received several comments from businesses and trade
organizations in favor of the proposal to except liquid petroleum
distillate fuels from the 24-hour emergency response telephone number
requirement. The commenters agreed with RSPA's statement in the NPRM
that emergency responders routinely handle incidents involving liquid
petroleum distillate fuels and that it is questionable whether the 24-
hour emergency response telephone number could provide emergency
responders with any additional information of value beyond that which
is required to be carried in the vehicle.
[[Page 27168]]
RSPA received few comments on the proposal to except limited
quantities, and other miscellaneous materials, from the 24-hour
telephone number requirement. Those in favor of the proposal cited the
high costs associated with providing an emergency response telephone
number against the minimal hazards associated with such small
quantities of material. One commenter stated that the exception for the
emergency response telephone number for hazardous materials in limited
quantities will provide the regulated community with significant relief
while not sacrificing safety. Those opposing the proposal stated that
since limited quantities of materials are already excepted from other
hazard communication requirements, e.g., labeling, that emergency
responders are already hampered when responding to an incident
involving these materials and that excepting them from the emergency
response telephone number would only create more problems for
responders.
RSPA believes that providing emergency response information to
emergency responders is an important aspect of its hazardous materials
safety program. Emergency response information enhances communication
pertaining to the safe handling and identification of hazardous
materials involved in transportation incidents. The intent of the NPRM
was to relax the emergency response information requirements for those
materials where the costs to maintain the information were believed to
outweigh the benefits derived from providing the information. Based on
the comments received opposing the proposal to except liquid petroleum
distillate fuels from the 24-hour emergency response telephone number
requirement, RSPA has decided not to adopt the proposed exception for
liquid petroleum distillate fuels. Commenters stated that the costs to
maintain the 24-hour emergency response telephone number for liquid
petroleum distillate fuels do not outweigh the benefits and, therefore,
the requirement should be retained. As expressed by one commenter, a
propane distributor who would have directly benefited from the
exception, the cost to maintain a 24-hour emergency telephone number is
minimal and the cost poses no real financial burden, especially
considering the safety of emergency response personnel, the public, and
the environment.
With regard to the proposed exception for limited quantities,
consumer commodities transported by aircraft, and other miscellaneous
materials, RSPA continues to believe that the costs to maintain a 24-
hour emergency response telephone number outweigh the benefits of
providing the information for millions of small shipments. However,
RSPA believes that the impact on air transportation safety of excepting
``Mercury contained in manufactured articles'' from the 24-hour
emergency response telephone number requirement requires further study.
Therefore, except for ``Mercury contained in manufactured articles'',
RSPA is adopting an exception from the emergency response telephone
number requirements of Sec. 172.604 for limited quantities, consumer
commodities transported by aircraft, and other miscellaneous materials.
Based on its own initiative, RSPA proposed to clarify that more
than one emergency response telephone number with different hours of
operation may be used to satisfy the requirements of Sec. 172.604. RSPA
received numerous comments both in support of and against the proposed
clarification. RSPA believes that the issues raised by the commenters
need further review and will finalize its decision on this proposal in
a future rulemaking. Therefore, in the interim, multiple emergency
response phone numbers are authorized on a shipping paper if the
requirements of Sec. 172.604 are met.
Sections 172.702 and 172.704. RSPA stated in the notice of public
meetings under Docket HM-222 (60 FR 17049) that it would consider
extending the requirement for recurrent training from every two years
to every three or four years. RSPA received numerous written and oral
comments in support of decreasing the frequency specified to retrain
hazmat employees in accordance with Subpart H of Part 172. In the NPRM,
RSPA proposed to decrease the frequency of recurrent hazmat training
from two years to three years. RSPA stated that this frequency is
consistent with other training programs, such as the training required
under the Transportation of Dangerous Goods Regulations issued by the
government of Canada.
RSPA received numerous comments in support of this proposal and
many comments in opposition. Commenters supporting the proposal
included: shippers, carriers, safety and trade associations, oil and
petrochemical companies and associations, a railroad association. Some
commenters requested that RSPA extend the training to every four years.
The commenters stated that the amendment would significantly reduce
costs to the regulated community without any decrease in safety.
Commenters who supported the proposal to extend the training frequency
requirements to every three years stated that the change would allow
hazmat employers to provide for more cost-effective training of hazmat
employees, since training times could be better coordinated to
accommodate employee work schedules and varying business cycles. Some
commenters who supported the proposal stated that extending the
training frequency is consistent with other regulatory requirements
(e.g., Canadian regulations). One commenter noted that, although
international regulations require training on a two-year cycle,
inclusion of the phrase ``at least'' enables persons involved in
international transportation to comply with both requirements without
any conflict or confusion. Commenters also stated that if RSPA adopts a
change to the training frequency requirements, then a corresponding
change to the recordkeeping requirements is also necessary.
Those commenters who opposed the proposed change in training
frequency included: trade and service associations, training and
consulting organizations, shippers and carriers, and emergency response
organizations. These commenters stated that the proposal to increase
the training frequency would have a detrimental impact on safety. Some
commenters also stated that the proposal will diminish the apparent
importance of the DOT program in the eyes of employees and supervisors.
RSPA believes that one of the most important regulatory
requirements in the HMR is its training requirement. Proper training
increases a hazmat employee's awareness of safety considerations
involved in the loading, unloading, handling, storing, and
transportation of hazardous materials. An effective training program
reduces hazardous materials incidents resulting from human error and
mitigates the effects of incidents when they occur. The importance of
RSPA's training requirements is not diminished by a decrease in the
frequency of training from two to three years. However, RSPA is not
adopting commenter suggestions to extend the training frequency to
every four years. The adoption of a three-year interval for training
frequency strikes a balance between an effective training program and
the costs that are imposed on the regulated community. Therefore, RSPA
is revising the training frequency for hazmat employees from every two
years to every three years. In addition, as requested by commenters,
RSPA is adjusting the recordkeeping requirements for training records
to specify that training records be retained for three years.
[[Page 27169]]
In the preamble to the NPRM, RSPA stated: ``Except as provided in
Sec. 172.704(c), hazmat employees must be trained whenever their hazmat
functions change or the requirements are revised, regardless of the
minimally required training frequency.'' A number of commenters were
concerned with this statement because they did not see any
corresponding proposed change to the HMR. Some commenters also
expressed concern with the statement that hazmat employees must be
retrained every time a change to the HMR is adopted because it could
require retraining several times a year.
Section 172.702 (Subpart H) states that any person who performs a
function subject to the HMR may not perform that function unless
trained in accordance with the requirements prescribed in the subpart.
In addition, a hazmat employer must insure that each hazmat employee is
thoroughly instructed in the requirements that apply to functions
performed by that employee. If a new regulation is adopted, or an
existing regulation is changed, that relates to a function performed by
a hazmat employee, that hazmat employee must be instructed in those new
or revised function specific requirements without regard to the timing
of the three year training cycle. It is not necessary to completely
retrain the employee sooner than the required three year cycle. The
only instruction required is that necessary to assure knowledge of the
new or revised regulatory requirement. For example, if a new
requirement is added to the shipping paper requirements, a hazmat
employee must be instructed regarding the new requirement prior to
performance of a function affected by the new or revised rule. It is
not necessary to test the hazmat employee, or retain records of the
instruction provided in the new or revised requirements until the next
scheduled retraining at or within the three year cycle. In order to
clarify the training requirements of the HMR, RSPA is revising
Sec. 172.702(b) to state that an employee must be instructed in the
requirements of the HMR that apply to each function performed by the
employee without a reference to the requirements of subpart H (e.g.,
the training, testing and recordkeeping requirements of Sec. 172.704).
This amendment makes it clear that RSPA does not intend that millions
of detailed records be created and retained and associated testing be
conducted each time a hazmat employee is instructed in regard to a
change in the regulations within the three year cycle. Consistent with
this amendment, RSPA is also revising Sec. 172.704(d) to clarify that
only records of the training required by Sec. 172.704, and not the
subpart, are required to be maintained. In addition, as proposed, RSPA
is adding a reference in Sec. 172.702(b) to the exception provided in
Sec. 172.704 for employees employed less than 90-days.
RSPA proposed to revise Sec. 172.704(c) to clarify its position
concerning the ``direct'' supervision of a hazmat employee who has not
received initial training. RSPA is adopting the amendment, as proposed
in the NPRM, to add the word ``direct'' preceding the word
``supervision'' in Sec. 172.704(c)(1). RSPA requires that the person
providing direct supervision must be able to instruct the employee on
how to properly perform the hazmat function, must observe performance
of the hazmat function, and must be able to take immediate corrective
actions in regard to any function not performed in conformance with the
HMR.
Part 173
Section 173.4. As proposed, RSPA is revising the HMR to permit
Division 4.2 and 4.3 materials and hazardous materials identified in
paragraph (a)(11) to be shipped under the small quantity provisions.
RSPA is also adding a new paragraph (c) to allow small quantities of
certain categories of hazardous materials not authorized under this
exception to be shipped in accordance with this section if specifically
approved by the Associate Administrator for Hazardous Materials Safety.
RSPA is also revising the marking requirements in paragraph (a)(10).
These changes to Sec. 173.4 are intended to ease burdens on industry
and facilitate international transportation of hazardous materials in
very small quantities. RSPA received several comments in support of
these amendments. One commenter requested that RSPA continue to
authorize the previously required marking. RSPA agrees and has modified
the amendment to authorize the previously required marking for an
additional five years.
Section 173.13. In the NPRM, RSPA proposed to add a new Sec. 173.13
that incorporates, for highway and rail transport only, the provisions
of DOT exemptions E-7891 and E-9168 into the HMR. These exemptions, and
others commonly referred to as the ``poison pack'' exemptions, allow
small quantities of hazardous materials in special packagings of high
integrity to be transported without their primary or subsidiary labels.
In addition, RSPA proposed to except these materials from the
placarding and segregation requirements of the HMR.
RSPA received several comments on this issue in support of adopting
these exemptions into the HMR, but the commenters also requested
further clarification. Two commenters noted that one of the inner
packagings required by the exemptions was not included in the proposed
new section. Commenters also requested that the section be broadened to
include air transport and materials poisonous by inhalation, as
presently authorized in the exemptions. Commenters also requested that
the term ``rigid can'' be clarified and that all affected exemptions be
identified.
Commenters who opposed adoption of this new section were concerned
about the loss of controls that are provided under an exemption. In
addition, commenters were concerned that there would be no clear
identification on the package that the package is being offered for
transportation or transported under the provisions of Sec. 173.13.
RSPA believes that the safety record of the ``poison pack''
exemption packagings over the years has shown that they are acceptable
for inclusion in the HMR. However, several points of clarification and
revision to the proposal are necessary. First, RSPA is extending the
application of Sec. 173.13 to permit transportation by cargo aircraft.
RSPA will continue to monitor the transportation of these packages with
materials poisonous by inhalation and by passenger carrying aircraft
under the terms of the exemption, and therefore, is not extending the
application of the new section to cover these operations. These
operations can continue under the applicable exemptions. RSPA is also
requiring another level of inner packaging to be consistent with the
exemptions. In order to clarify the term ``rigid can'', RSPA is
changing the term to ``metal can.''
RSPA agrees with commenters who were concerned that packages
prepared in accordance with Sec. 173.13 would not be readily
identifiable in transportation. Therefore, RSPA is adopting in this
final rule a marking requirement similar to that required for small
quantities prepared in accordance with Sec. 173.4. Packages prepared in
accordance with Sec. 173.13 must be marked, in association with the
proper shipping name, with the following statement: ``This package
conforms to 49 CFR 173.13.''
One commenter was concerned that no specific exception from the
segregation requirements was proposed in the section, as is provided in
the exemptions. RSPA notes that the
[[Page 27170]]
segregation requirements of the HMR are based on package labels.
Therefore, materials that are excepted from the labeling requirements
of the HMR are also excepted from the segregation requirements of the
HMR. For clarification, RSPA is revising Secs. 172.500 and 173.13 to
note that packages conforming to the requirements in Sec. 173.13 are
excepted from the placarding requirements of the HMR.
Commenters requested that RSPA identify all of the exemptions
potentially affected by the adoption of Sec. 173.13. Those exemptions
are DOT E-7891, 7909, 8249, 9168, 10672, 10755, 10891, 10962, and
10977.
Section 173.21. In the NPRM, RSPA proposed to incorporate into
Sec. 173.21 the provisions of a competent authority approval for
temperature-controlled shipments. RSPA received several comments in
support of the proposal, but commenters also requested changes to the
section. One commenter noted that no specific reference to cargo tanks
or portable tanks was made in the proposed section and questioned
whether they were included. Section 173.21(f)(3) does not authorize
packagings, but provides methods of stabilization that are authorized
by the Associate Administrator for Hazardous Materials Safety.
Therefore, cargo tanks or portable tanks are not excluded from the
provisions of Sec. 173.21(f)(3).
Several commenters requested that Sec. 173.21(f)(3)(i)(B), which
requires the temperature of the material to be measured and entered on
a written record at the time the material is filled, only apply to bulk
packagings and not to all packagings. The commenters stated that
measuring and recording the temperature of every small, individual
package as it is filled is an unnecessary burden that would do nothing
to enhance transportation safety. RSPA believes that measuring and
recording the temperature of the packaging prior to transport is an
important part of the approved stabilization process. However, RSPA is
revising Sec. 173.21(f)(3)(i)(B) to require determination of the
temperature of the package, by appropriate means, at the time it is
loaded into the transport vehicle, not when the package is filled. This
should eliminate the unnecessary measurement of packages that are in
storage and not in transportation.
Section 173.32a. As proposed, RSPA is removing the requirement that
an approval agency submit an approval certificate to the Associate
Administrator for Hazardous Materials Safety.
Section 173.155. RSPA is amending this section as proposed.
Section 173.171. Sections 173.171 and 177.838(g) prescribe
requirements for smokeless powder for small arms. However,
Sec. 177.838(g) provides additional relief by allowing inside packages
of smokeless powder to be overpacked in UN 4G boxes, provided the net
weight of smokeless powder in any one box does not exceed 7.26 kg (16
pounds). This provision is not contained in Sec. 173.171. Therefore, as
proposed, RSPA is removing the Sec. 177.838(g) provisions pertaining to
classification and packaging, and adding the provision concerning
smokeless powder in overpacks to Sec. 173.171. In addition, as
proposed, RSPA is broadening the exception for reclassification of
smokeless powder to Division 4.1 to include transportation by vessel
and cargo aircraft. RSPA received two comments on this proposal. One
commenter agreed with the proposal but requested that there be no limit
on the amount of material authorized per transport vehicle. In the
NPRM, RSPA proposed to extend the application of an existing section,
i.e., Sec. 173.171, to other modes of transport, but the amount of
material authorized per transport vehicle was not proposed for
amendment. RSPA believes that the Sec. 173.171 100-pound limitation on
smokeless powder, reclassed as a Division 4.1 material, per transport
vehicle is necessary to retain the level of safety that has been
maintained for the last several years in the highway and rail modes.
One of the major arguments submitted in support of the original
regulatory provision was that the 100-pound limit would preclude a
major conflagration should these materials become involved in cargo
fires. Therefore, RSPA has not adopted the commenter's request to
eliminate the 100-pound weight limitation. Another commenter objected
to RSPA extending this reclassification to transportation by aircraft
because of its potential explosive hazards. This provision is
consistent with an exemption (DOT E-9997) that was issued in 1988.
Based on the successful experience under this exemption, RSPA believes
there is no basis for the suggestion that the reclassification of
smokeless powder for small arms to Division 4.1, under special testing
and approval procedures would provide an unacceptable level of safety
in air transportation. Therefore, RSPA is extending the applicability
of Sec. 173.171 to transportation by cargo aircraft.
Section 173.220. RSPA is amending this section as proposed.
Section 173.230. RSPA is amending this section as proposed.
Section 173.435. In Sec. 173.435, RSPA is amending the Table of
A1 and A2 values by adding an entry for MFP (mixed fission
products). This entry was inadvertently left off the table under Docket
HM-169A (61 FR 20747).
Part 176
Section 176.104. RSPA is amending this section as proposed.
Part 177
Section 177.801. RSPA is amending this section as proposed.
Section 177.818. RSPA is removing this section as proposed.
Section 177.821. RSPA is removing this section as proposed.
Section 177.822. RSPA is removing this section as proposed.
Sections 177.824, 177.834, and 180.407. In the NPRM, RSPA proposed
to remove Secs. 177.824 and 177.834(j) because they duplicate other HMR
provisions. RSPA proposed removing Sec. 177.834(b) because RSPA is not
aware of any hazardous material that is transported on pole trailers.
RSPA also proposed to add a new Sec. 177.834(j) consolidating the
provisions of Secs. 177.837(d), 177.839(d), and 177.841(d) that require
manholes and valves on cargo tanks to be closed prior to
transportation.
RSPA received several comments in support of these proposals. One
commenter requested that RSPA not delete Sec. 177.824 because it would
eliminate the responsibility of a motor carrier who is transporting
another party's cargo tank from satisfying the inspection and retesting
requirements of Part 180. RSPA agrees with the commenter; however,
rather than retaining Sec. 177.824, RSPA is removing it and revising
Sec. 180.407 to make it clear that a cargo tank may not be transported
unless it conforms to the retest requirements of Part 180. Otherwise,
RSPA is adopting these amendments as proposed.
Section 177.835. RSPA is removing paragraphs (k), (l), and (m) as
proposed.
Section 177.838. RSPA is amending this section as proposed.
Section 177.839. In the NPRM, RSPA proposed to revise paragraph (a)
by limiting the applicability of the paragraph to nitric acid in
concentrations of 50 percent or greater. In addition, RSPA proposed
removing the paragraph (a) restriction on stacking containers of nitric
acid higher than two tiers and all of paragraph (b) because they are
outdated and unnecessary. RSPA received one comment that supported the
proposed amendments to
[[Page 27171]]
Sec. 177.839 but requested clarification of the term ``other material''
as used in the section. The term ``other material'' refers to any other
kind of material, including nonhazardous materials. Therefore, RSPA has
adopted the amendments as proposed.
Section 177.841. As proposed, RSPA is amending Sec. 177.841,
consistent with Sec. 175.630, to authorize the transport of foodstuffs
and poisons in the same motor vehicle when loaded into separate closed
unit load devices. In addition, RSPA is removing the provision allowing
use of the container identified as package ``4000'' in the National
Motor Freight Classification 100-1, for the transport of foodstuffs and
poisons on the same motor vehicle. RSPA believes that this container
has not been used for some time and, therefore, reference to it is
unnecessary. RSPA received several comments in support of this
proposal. In addition, one commenter requested that RSPA authorize any
Division 6.1 material, except materials poisonous by inhalation, to be
transported with food grade material provided both materials are
appropriately packaged in performance-oriented containers. RSPA
believes this request to be beyond the scope of this rulemaking and has
not adopted this commenter's request.
Section 177.848. RSPA is amending this section as proposed.
Part 178
Section 178.315. In the NPRM, RSPA proposed removing the
Specification MC200 requirements from the HMR because RSPA believes
that this container is no longer utilized in hazardous materials
service. RSPA received one comment on this proposal stating that the
commenter was unaware of any person using the DOT Specification MC200.
Therefore, as proposed, RSPA is removing the Specification MC200
requirements from the HMR.
III. Regulatory Analyses and Notices
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 was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034). The economic impact of this rule is so
minimal that the preparation of a regulatory evaluation is not
warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Federal hazardous materials transportation law (49 U.S.C. 5101-5127)
contains an express preemption provision that preempts State, local,
and Indian tribe requirements on certain covered subjects. Covered
subjects are:
(i) the designation, description, and classification of hazardous
material;
(ii) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) the preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(iv) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) the design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
Title 49 U.S.C. 5125(b)(2) provides that if DOT issues a regulation
concerning any of the covered subjects after November 16, 1990, DOT
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. This final rule clarifies
and provides relief from certain regulations governing the
transportation of hazardous materials. RSPA has determined the
effective date of Federal preemption for these requirements is October
1, 1996. Because RSPA lacks discretion in this area, preparation of a
federalism assessment is not warranted.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This final rule does
not impose any new requirements on persons subject to the HMR.
Paperwork Reduction Act
Information collection requirements subject to approval by the
Office of Management and Budget (OMB) are addressed in this final rule
in Sec. 171.16 for incident reporting (OMB control number 2137-0039)
and subpart C of part 172 and Sec. 172.604 for shipping papers (OMB
control number 2137-0034). Provisions in this final rule will result in
minor reduction in information collection burdens under both approvals.
RSPA is requesting reinstatement and revision of OMB control number
2137-0039 from OMB and will display, through publication in the Federal
Register, the control number when it is approved by OMB. Public comment
on this request was invited through publication of a Federal Register
notice on March 5, 1996 (61 FR 8706). OMB control number 2173-0034 is
currently approved and the change in burden is not sufficient to
warrant revision of the approval. Under the Paperwork Reduction Act of
1995, no person generally is required to respond to a requirement for
collection of information unless the requirement displays a valid OMB
control number.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Marking, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
[[Page 27172]]
49 CFR Part 178
Hazardous materials transportation, Packaging and containers,
Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR parts 171, 172, 173, 176,
177, 178, and 180 are 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; 49 CFR 1.53.
Sec. 171.7 [Amended]
1a. In Sec. 171.7(a)(3), in the table, the entry ``International
Maritime Dangerous Goods (IMDG) Code, 1990 Consolidated Edition, as
amended by Amendment 27 (1994) (English edition)'', in column 2, the
reference ``173.21;'' is added in appropriate numerical order.
1b. In Sec. 171.11, paragraph (d)(1) is revised to read as follows:
Sec. 171.11 Use of ICAO Technical Instructions.
* * * * *
(d) * * *
(1) For a material that meets the definition of a hazardous
substance as defined in this subchapter, the shipping paper and package
markings must conform to the provisions in Sec. 172.203(c) and 172.324,
respectively, of this subchapter.
* * * * *
2. In Sec. 171.16, paragraph (c) is revised, paragraph (d)(2) is
amended by removing the word ``nor'' at the end of the paragraph,
paragraph (d)(3) is redesignated as paragraph (d)(4), and a new
paragraph (d)(3) is added to read as follows:
Sec. 171.16 Detailed hazardous materials incident reports.
* * * * *
(c) Except as provided in paragraph (d) of this section, the
requirements of paragraph (a) of this section do not apply to incidents
involving the unintentional release of a hazardous material--
(1) Transported under one of the following proper shipping names:
(i) Consumer commodity.
(ii) Battery, electric storage, wet, filled with acid or alkali.
(iii) Paint and paint related material when shipped in a packaging
of five gallons or less.
(2) Prepared and transported as a limited quantity shipment in
accordance with this subchapter.
(d) * * *
(3) Except for consumer commodities, materials in Packing Group I;
or
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
3. 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]
4. In the Sec. 172.101 Hazardous Materials Table, the following
amendments are made:
a. The headings for columns (8), (8B),(8C), (9A), (10), (10A), and
(10B) are revised to read ``Packaging (Sec. 173. * * *)'', ``Nonbulk'',
``Bulk'', ``Passenger aircraft/rail'', ``Vessel Stowage'',
``Location'', and ``Other'', respectively.
b. For the entries ``Cartridges for weapons, blank or Cartridges,
small arms, blank, UN 0014'', ``Cartridges for weapons, inert
projectile or Cartridges, small arms, UN0012'', ``Cartridges, power
device, UN0323'', and ``Cartridges, small arms'', in Column (7),
special provision ``112'' is removed.
c. For the entries ``Cartridges for weapons, blank or Cartridges,
small arms, blank, UN 0014'', ``Cartridges for weapons, inert
projectile or Cartridges, small arms, UN0012'', and ``Cartridges, power
device, UN0323'', in Column (8A), the word ``None'' is revised to read
``63''.
d. For the entry ``Cartridges, small arms'', in Column (8A), the
number ``230'' is revised to read ``63''.
e. For the entry ``Ethanol or Ethyl alcohol or Ethanol solutions or
Ethyl alcohol solutions'', in Column (7), the number ``24,'' is added
immediately preceding ``T1'', in Packing Group II, and the number
``24,'' is added immediately preceding ``B1'' in Packing Group III.
f. For the entry ``Smokeless powder for small arms (100 pounds or
less), NA3178'', in Column (9B), the word ``Forbidden'' is revised to
read ``7.3 kg''.
Sec. 172.102 [Amended]
5. In Sec. 172.102, in paragraph (c)(1), special provision ``112''
is removed.
6. In Sec. 172.201, paragraph (d) is revised to read as follows:
Sec. 172.201 General entries.
* * * * *
(d) Emergency response telephone number. Except as provided in
Sec. 172.604(c), a shipping paper must contain an emergency response
telephone number, as prescribed in subpart G of this part.
7. In Sec. 172.203, paragraph (c)(1) is revised to read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(c) Hazardous substances. (1) Except for Class 7 (radioactive)
materials described in accordance with paragraph (d) of this section,
if the proper shipping name for a material that is a hazardous
substance does not identify the hazardous substance by name, the name
of the hazardous substance must be entered in parentheses in
association with the basic description. If the material contains two or
more hazardous substances, at least two hazardous substances, including
the two with the lowest reportable quantities (RQs), must be
identified. For a hazardous waste, the waste code (e.g., D001), if
appropriate, may be used to identify the hazardous substance.
* * * * *
Sec. 172.203 [Amended]
8. In addition, in Sec. 172.203, the following amendments are made:
a. In paragraph (e)(2), the phrase ``and paragraph (e)(3) of this
section'' is removed.
b. Paragraph (e)(3) is removed.
9. In Sec. 172.324, paragraph (a) is revised to read as follows:
Sec. 172.324 Hazardous substances in non-bulk packagings.
* * * * *
(a) Except for packages of radioactive material labeled in
accordance with Sec. 172.403, if the proper shipping name of a material
that is a hazardous substance does not identify the hazardous substance
by name, the name of the hazardous substance must be marked on the
package, in parentheses, in association with the proper shipping name.
If the material contains two or more hazardous substances, at least two
hazardous substances, including the two with the lowest reportable
quantities (RQs), must be identified. For a hazardous waste, the waste
code (e.g., D001), if appropriate, may be used to identify the
hazardous substance.
* * * * *
10. In Sec. 172.402, paragraph (d) is revised to read as follows:
[[Page 27173]]
Sec. 172.402 Additional labeling requirements.
* * * * *
(d) Class 7 (Radioactive) Materials. Except as otherwise provided
in this paragraph, each package containing a Class 7 material that also
meets the definition of one or more additional hazard classes must be
labeled as a Class 7 material as required by Sec. 172.403 of this
subpart and for each additional hazard. A subsidiary hazard label is
not required on a package containing a Class 7 material that conforms
to criteria specified in Sec. 173.4 of this subchapter, except
Sec. 173.4(a)(1)(iv) of this subchapter.
* * * * *
11. In Sec. 172.500, paragraphs (b)(4) and (b)(5) are redesignated
as paragraphs (b)(5) and (b)(6), respectively, and a new paragraph
(b)(4) is added to read as follows:
Sec. 172.500 Applicability of placarding requirements.
* * * * *
(b) * * *
(4) Hazardous materials prepared in accordance with Sec. 173.13 of
this subchapter;
* * * * *
12. In Sec. 172.600, paragraph (d) is revised to read as follows:
Sec. 172.600 Applicability and general requirements.
* * * * *
(d) Exceptions. The requirements of this subpart do not apply to
hazardous material which is excepted from the shipping paper
requirements of this subchapter or a material properly classified as an
ORM-D.
13. In Sec. 172.604, new paragraph (c) is added to read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(c) The requirements of this section do not apply to--
(1) Hazardous materials that are offered for transportation under
the provisions applicable to limited quantities; and
(2) Materials properly described under the shipping names
``Engines, internal combustion'', ``Battery powered equipment'',
``Battery powered vehicle'', Wheelchair, electric'', ``Carbon dioxide,
solid'', ``Dry ice'', ``Fish meal, stabilized'', ``Fish scrap,
stabilized'', ``Castor bean'', ``Castor meal'', ``Castor flake'',
``Castor pomace'', or ``Refrigerating machine''.
14. In Sec. 172.702, paragraph (b) is revised to read as follows:
Sec. 172.702 Applicability and responsibility for training and
testing.
* * * * *
(b) Except as provided in Sec. 172.704(c)(1), a hazmat employee who
performs any function subject to the requirements of this subchapter
may not perform that function unless instructed in the requirements of
this subchapter that apply to that function. It is the duty of each
hazmat employer to comply with the applicable requirements of this
subchapter and to thoroughly instruct each hazmat employee in relation
thereto.
* * * * *
15. In Sec. 172.704, paragraphs (c)(1) and (c)(2) and the
introductory text of paragraph (d) are revised to read as follows:
Sec. 172.704 Training requirements.
* * * * *
(c) * * * (1) Initial training. A new hazmat employee, or a hazmat
employee who changes job functions may perform those functions prior to
the completion of training provided--
(i) The employee performs those functions under the direct
supervision of a properly trained and knowledgeable hazmat employee;
and
(ii) The training is completed within 90 days after employment or a
change in job function.
(2) Recurrent training. A hazmat employee shall receive the
training required by this subpart at least once every three years.
* * * * *
(d) Recordkeeping. A record of current training, inclusive of the
preceding three years, in accordance with this section shall be created
and retained by each hazmat employer for as long as that employee is
employed by that employer as a hazmat employee and for 90 days
thereafter. The record shall include:
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
16. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
17. In Sec. 173.4, the section heading is revised, paragraph
(a)(11) is removed, paragraph (a) introductory text, paragraphs (a)(9)
and (a)(10) are revised, and a new paragraph (c) is added to read as
follows:
Sec. 173.4 Small quantity exceptions.
(a) Small quantities of Class 3, Division 4.1, Division 4.2 (PG II
and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class 9 materials that also meet
the definition of one or more of these hazard classes, are not subject
to any other requirements of this subchapter when--
* * * * *
(9) The package is not opened or otherwise altered until it is no
longer in commerce; and
(10) The shipper certifies conformance with this section by marking
the outside of the package with the statement ``This package conforms
to 49 CFR 173.4'' or, alternatively, until October 1, 2001, with the
statement ``This package conforms to the conditions and limitations
specified in 49 CFR 173.4.''
* * * * *
(c) Packages which contain a Class 2, Division 4.2 (PG I), or
Division 4.3 (PG I) material conforming to paragraphs (a)(1) through
(a)(10) of this section may be offered for transportation or
transported if specifically approved by the Associate Administrator for
Hazardous Materials Safety.
18. Section 173.13 is added to Subpart A to read as follows:
Sec. 173.13 Exceptions for Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 6.1,
and Classes 8 and 9 materials.
(a) A Class 3, 8 or 9, or Division 4.1, 4.2, 4.3, 5.1, or 6.1
material is excepted from the labeling and placarding requirements of
this subchapter if prepared for transportation in accordance with the
requirements of this section. A material that meets the definition of a
material poisonous by inhalation may not be offered for transportation
or transported under provisions of this section.
(b) A hazardous material conforming to requirements of this section
may be transported by motor vehicle, rail car, or cargo-only aircraft.
Only hazardous materials permitted to be transported aboard a cargo-
only aircraft by column (9B) of the Hazardous Materials Table in
Sec. 172.101 of this subchapter are authorized for transport aboard
cargo-only aircraft pursuant to the provisions of this section.
(c) A hazardous material permitted by paragraph (a) of this section
must be packaged as follows:
(1) For liquids:
(i) The hazardous material must be placed in a tightly closed
glass, plastic or metal inner packaging with a maximum capacity not
exceeding 1.2 liters. Sufficient outage must be provided such that the
inner packaging will not become liquid full at 55 deg.C (130 deg.F).
The net quantity (measured at 20 deg.C
[[Page 27174]]
(68 deg.F)) of liquid in any inner packaging may not exceed one liter.
(ii) The inner packaging must be placed in a hermetically-sealed
barrier bag which is impervious to the lading, and then wrapped in a
non-reactive absorbent material in sufficient quantity to completely
absorb the contents of the inner packaging, and placed in a snugly
fitting, metal can.
(iii) The metal can must be securely closed. For liquids that are
in Division 4.2 or 4.3, the metal can must be hermetically sealed. For
Division 4.2 materials in Packing Group I, the metal can must be tested
in accordance with part 178 of this subchapter at the Packing Group I
performance level.
(iv) The metal can must be placed in a fiberboard box that is
placed in a hermetically-sealed barrier bag which is impervious to the
lading.
(v) The intermediate packaging must be placed inside a securely
closed, outer packaging conforming to Sec. 173.201.
(vi) Not more than four intermediate packagings are permitted in an
outer packaging.
(2) For solids:
(i) The hazardous material must be placed in a tightly closed
glass, plastic or metal inner packaging. The net quantity of material
in any inner packaging may not exceed 2.85 kg (6.25 pounds).
(ii) The inner packaging must be placed in a hermetically-sealed
barrier bag which is impervious to the lading.
(iii) The barrier bag and its contents must be placed in a
fiberboard box that is placed in a hermetically-sealed barrier bag
which is impervious to the lading.
(iv) The intermediate packaging must be placed inside an outer
packaging conforming to Sec. 173.211.
(v) Not more than four intermediate packagings are permitted in an
outer packaging.
(d) The outside of the package must be marked, in association with
the proper shipping name, with the statement: ``This package conforms
to 49 CFR 173.13.''
19. In Sec. 173.21, paragraph (f)(3) is revised to read as follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(f) * * *
(3) Refrigeration may be used as a means of stabilization only when
approved by the Associate Administrator for Hazardous Materials Safety.
For status of approvals previously issued by the Bureau of Explosives,
see Sec. 171.19 of this subchapter. Methods of stabilization approved
by the Associate Administrator for Hazardous Materials Safety are as
follows:
(i) For highway transportation:
(A) A material meeting the criteria of this paragraph (f) may be
transported only in a transport vehicle, freight container, or motor
vehicle equipped with a mechanical refrigeration unit, or loaded with a
consumable refrigerant, capable of maintaining the inside temperature
of the hazardous material at or below the control temperature required
for the material during transportation.
(B) Each package containing a material meeting the criteria of this
paragraph (f) must be loaded and maintained at or below the control
temperature required for the material. The temperature of the material
must be determined by appropriate means and entered on a written record
at the time the packaging is loaded.
(C) The vehicle operator shall monitor the inside temperature of
the transport vehicle, freight container, or motor vehicle and enter
that temperature on a written record at the time the package is loaded
and thereafter at intervals not exceeding two hours. Alternatively, a
transport vehicle, freight container, or motor vehicle may be equipped
with a visible or audible warning device that activates when the inside
temperature of the transport vehicle, freight container, or motor
vehicle exceeds the control temperature required for the material. The
warning device must be readily visible or audible, as appropriate, from
the vehicle operator's seat in the vehicle.
(D) The carrier shall advise the vehicle operator of the emergency
temperature for the material, and provide the vehicle operator with
written procedures that must be followed to assure maintenance of the
control temperature inside the transport vehicle, freight container, or
motor vehicle. The written procedures must include instructions for the
vehicle operator on actions to take if the inside temperature exceeds
the control temperature and approaches or reaches the emergency
temperature for the material. In addition, the written temperature-
control procedures must identify enroute points where the consumable
refrigerant may be procured, or where repairs to, or replacement of,
the mechanical refrigeration unit may be accomplished.
(E) The vehicle operator shall maintain the written temperature-
control procedures, and the written record of temperature measurements
specified in paragraph (f)(3)(i)(C) of this section, if applicable, in
the same manner as specified in Sec. 177.817 of this subchapter for
shipping papers.
(F) If the control temperature is maintained by use of a consumable
refrigerant (e.g., dry ice or liquid nitrogen), the quantity of
consumable refrigerant must be sufficient to maintain the control
temperature for twice the average transit time under normal conditions
of transportation.
(G) A material that has a control temperature of 40 deg.C (104
deg.F) or higher may be transported by common carrier. A material that
has a control temperature below 40 deg.C (104 deg.F) must be
transported by a private or contract carrier.
(ii) For transportation by vessel, shipments are authorized in
accordance with the control-temperature requirements of Section 21 of
the General Introduction of the International Maritime Dangerous Goods
Code (IMDG Code).
* * * * *
20. In Sec. 173.32a, paragraph (c) is revised to read as follows:
Sec. 173.32a Approval of Specification IM portable tanks.
* * * * *
(c) Disposition of approval certificates. A copy of each approval
certificate must be retained by the approval agency and by the owner of
each IM portable tank.
* * * * *
Sec. 173.155 [Amended]
21. In Sec. 173.155, in paragraph (b)(1), the wording ``4.0 L (1
gallon)'' is revised to read ``5.0 L (1.3 gallons)''.
22. In Sec. 173.171, at the end of paragraph (a) the semicolon is
removed and a period is added in its place, the introductory text and
paragraph (b) are revised and a new paragraph (d) is added to read as
follows:
Sec. 173.171 Smokeless powder for small arms.
Smokeless powder for small arms which has been classed in Division
1.3 may be reclassed in Division 4.1, for transportation by motor
vehicle, rail car, vessel, or cargo-only aircraft, subject to the
following conditions:
* * * * *
(b) The total quantity of smokeless powder may not exceed 45.4 kg
(100 pounds) net mass in:
(1) One rail car, motor vehicle, or cargo-only aircraft; or
(2) One freight container on a vessel, not to exceed four freight
containers per vessel.
* * * * *
(d) Inside packages that have been examined and approved by the
[[Page 27175]]
Associate Administrator for Hazardous Materials Safety may be packaged
in UN 4G fiberboard boxes meeting the Packing Group I performance
level, provided all inside containers are packed to prevent movement
and the net weight of smokeless powder in any one box does not exceed
7.3 kg (16 pounds).
23. In Sec. 173.220, paragraph (g)(2) is revised to read as
follows:
Sec. 173.220 Internal combustion engines, self-propelled vehicles, and
mechanical equipment containing internal combustion engines or wet
batteries.
* * * * *
(g) * * *
(2) Are not subject to the requirements of subparts D, E, and F
(marking, labeling, and placarding, respectively) of part 172 or
Sec. 172.604 (emergency response telephone number) of this subchapter
for transportation by vessel or aircraft.
Sec. 173.63 [Amended]
Sec. 173.230 [Removed]
24. Paragraph (b) of Sec. 173.230 is redesignated as paragraph (b)
of Sec. 173.63 and Sec. 173.230 is removed.
24a. In Sec. 173.435, in the Table of A1 and A2 values
for radionuclides, the following entry is added, in appropriate
alphabetical order, to read as follows:
Sec. 173.435 Table of A1 and A2 values for radionuclides.
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Specific activity
Symbol of radionuclide Element and A1 (TBq) A1 (Ci) A2 (TBq) A2 (Ci) -------------------------
atomic No. (TBq/g) (Ci/g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
MFP.................................. ........... (see Sec. 173.433).... ........... (see Sec. 173.433).... ........... ........... ...........
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 176--CARRIAGE BY VESSEL
25. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
26. In Sec. 176.104, the first sentence of paragraph (i) is revised
to read as follows:
Sec. 176.104 Loading and unloading Class 1 (explosive) materials.
* * * * *
(i) A landing mat must be used when a draft of nonpalletized
Division 1.1 or 1.2 (Class A and B explosive materials) is deposited on
deck. * * *
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
27. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
28. Section 177.801 is revised to read as follows:
Sec. 177.801 Unacceptable hazardous materials shipments.
No person may accept for transportation or transport by motor
vehicle a forbidden material or hazardous material that is not prepared
in accordance with the requirements of this subchapter.
Secs. 177.818, 177.821, 177.822, and 177.824 [Removed]
29. Sections 177.818, 177.821, 177.822, and 177.824 are removed.
30. In Sec. 177.834, paragraph (b) is removed and reserved, and
paragraph (j) is revised to read as follows:
Sec. 177.834 General requirements.
* * * * *
(j) Manholes and valves closed. A person may not drive a cargo tank
and a motor carrier may not permit a person to drive a cargo tank motor
vehicle containing a hazardous material regardless of quantity unless:
(1) All manhole closures are closed and secured; and
(2) All valves and other closures in liquid discharge systems are
closed and free of leaks.
* * * * *
Sec. 177.835 [Amended]
31. In Sec. 177.835, paragraphs (k), (l), and (m) are removed.
Sec. 177.837 [Amended]
32. In Sec. 177.837, paragraph (d) is removed.
33. In Sec. 177.838, paragraph (g) is revised to read as follows:
Sec. 177.838 Class 4 (flammable solid) materials, Class 5 (oxidizing)
materials, and Division 4.2 (pyroforic liquid) materials.
* * * * *
(g) A motor vehicle may only contain 45.4 kg (100 pounds) or less
net mass of material described as ``Smokeless powder for small arms,
Division 4.1''.
* * * * *
34. Section 177.839 is revised to read as follows:
Sec. 177.839 Class 8 (corrosive) materials.
(See also Sec. 177.834(a) through (j).)
(a) Nitric acid. No packaging of nitric acid of 50 percent or
greater concentration may be loaded above any packaging containing any
other kind of material.
(b) Storage batteries. All storage batteries containing any
electrolyte must be so loaded, if loaded with other lading, that all
such batteries will be protected against other lading falling onto or
against them, and adequate means must be provided in all cases for the
protection and insulation of battery terminals against short circuits.
35. In Sec. 177.841, paragraph (d) is removed and reserved, and
paragraph (e)(1) is revised to read as follows:
Sec. 177.841 Division 6.1 (poisonous) and Division 2.3 (poisonous
gas) materials.
* * * * *
(e) * * *
(1) Bearing a POISON label in the same motor vehicle with material
that is marked as or known to be foodstuffs, feed or any edible
material intended for consumption by humans or animals unless the
poisonous material is packaged in accordance with this subchapter and
is:
(i) Overpacked in a metal drum as specified in Sec. 173.25(c) of
this subchapter; or
(ii) Loaded into a closed unit load device and the foodstuffs,
feed, or other edible material are loaded into another closed unit load
device;
* * * * *
Sec. 177.848 [Amended]
36. In Sec. 177.848, paragraph (e)(5), is amended by removing the
phrase ``ammonium nitrate fertilizer'' and adding in its place the
phrase ``ammonium nitrate (UN 1942) and ammonium nitrate fertilizer''.
PART 178--SPECIFICATIONS FOR PACKAGINGS
37. The authority citation for part 178 continues to read as
follows:
[[Page 27176]]
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Secs. 178.315, 178.315-1, 178.315-2, 178.315-3, 178.315-4, 178.315-5
[Removed]
38. Sections 178.315, 178.315-1, 178.315-2, 178.315-3, 178.315-4,
and 178.315-5 are removed.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
39. The authority citation for part 180 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 180.407 [Amended]
40. In Sec. 180.407, in paragraph (a)(1), the words ``filled and
offered for shipment'' are removed and ``filled and offered for
transportation or transported'' are added in their place.
Issued in Washington, DC, on May 17, 1996, under authority
delegated in 49 CFR Part 1.
Rose McMurray,
Acting Deputy Administrator, Research and Special Programs
Administration.
[FR Doc. 96-12955 Filed 5-29-96; 8:45 am]
BILLING CODE 4910-60-P
