[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51334-51343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24710]
[[Page 51333]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 106, et al.
Hazardous Materials Regulations; Editorial Corrections and
Clarifications; Final Rule
Federal Register / Vol. 61, No. 191 / Tuesday, October 1, 1996 /
Rules and Regulations
[[Page 51334]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 106, 107, 171, 172, 173, 174, 175, 176, 177, 178, 179,
180
[Docket HM-189M; Amdt. Nos. 106-13, 107-39, 171-148, 172-149, 173-256,
174-83, 175-84, 176-41, 177-88, 178-118, 179-53, 180-10]
RIN 2137-AC 93
Hazardous Materials Regulations; 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 to the Hazardous Materials
Regulations (HMR). The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the HMR. The amendments
contained in this rule are minor editorial changes and do not impose
new requirements.
DATES: Effective date. The effective date is October 1, 1996.
Incorporation by reference date. The incorporation by reference of
the publication listed in these amendments has been approved by the
Director of the Federal Register to be effective on October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, (202) 366-8553, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
RSPA annually reviews the Hazardous Materials Regulations (HMR) to
identify errors which may be causing confusion to readers. Inaccuracies
corrected in this final rule include typographical errors, incorrect
references to other rules and regulations in the CFR, inconsistent use
of terminology, and misstatements of certain regulatory requirements.
In response to inquiries RSPA received concerning the clarity of
particular requirements specified in the HMR, certain other changes are
made to reduce uncertainties.
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 editorial corrections
(e.g., typographical, capitalization and punctuation errors), changes
to legal citations and certain other minor adjustments to enhance the
clarity of the HMR.
Section-by-Section Review
Part 106
Several editorial changes are made to part 106. The words ``he'' or
``his'' have either been replaced or changed to ``he or she'' or ``his
or hers.'' Because the pipeline rulemaking procedures were incorporated
in 49 CFR Part 190, (see final rule entitled ``Pipeline Safety
Rulemaking Procedures,'' Docket RSP-2, published in the Federal
Register of September 27, 1996), reference to the pipeline safety
office is removed. Part 106 now applies primarily to the Hazardous
Materials Safety Program. The definition of ``Administrator'' is
changed to include his or her delegate. Some of these changes are
provisions that were recently amended under Docket RSP-1 (61 FR 30175,
June 14, 1996).
Part 107
Section 107.502
Paragraph (f), containing a grandfather provision that allows
persons to register as Design Certifying Engineers (DCEs) and
Registered Inspectors (RIs) before December 31, 1995, is removed. The
definitions for DCEs and RIs, in Sec. 171.8, are revised in this final
rule to recognize those persons eligible to register under the
grandfather provision.
Section 107.503
Paragraph (b) introductory text is revised to remove an inference
that an assembler must have an American Society of Mechanical Engineers
(ASME) Certificate of Authorization for use of the ``U'' stamp. In
addition, paragraph (b)(1), containing a provision that has expired,
and paragraph (b)(2), containing a reference to an assembler, are
removed. Current Sec. 107.502 prescribes that ``assembly'' must involve
no welding on the cargo tank wall.
Part 171
Section 171.4
Paragraph (d), containing a transitional provision that has
expired, is removed.
Section 171.7
In paragraph (a)(3), the table of material incorporated by
reference is revised to include the Truck Trailer Manufacturers
Association's publication, TTMA RP No. 61-94, ``Performance of Manhole
and/or Fill Opening Assemblies on MC 306 and DOT 406 Cargo Tanks'',
which is referenced in Sec. 180.405(g)(2)(i).
Section 171.8
Definitions for ``Design Certifying Engineer'' and ``Registered
Inspector'' are revised to recognize those persons eligible to register
by December 31, 1995, under an expired grandfather provision.
Part 172
RSPA is removing the Identification Number Cross Reference Index to
Proper Shipping Names following the part 172 table of headings. The
index is available as a separate handout from RSPA's Docket Unit, U.S.
Department of Transportation, Room 8421, Washington, DC 20590-0001,
telephone (202) 366-5046.
Section 172.101
The Hazardous Materials Table is amended as follows:
The entries ``Boron trichloride,'' ``Carbonyl sulfide,'' ``Chlorine
trifluoride,'' ``Ethylene oxide or Ethylene oxide with nitrogen up to a
total pressure of 1MPa (10 bar) at 50 degrees C.,'' ``Germane,''
``Hydrogen iodide, anhydrous,'' ``Methyl mercaptan,'' ``Nitric oxide,''
and ``Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide
and nitrogen dioxide mixtures,'' ``Perchloryl fluoride,'' ``Silicon
tetrafluoride,'' ``Trifluoroacetyl chloride,'' and
``Trifluorochloroethylene, inhibited, R1113'' are corrected by removing
Special Provision ``25'' in Column (7). Special Provision ``25'' was
removed in a rulemaking action under HM-215A (59 FR 67485), published
December 29, 1994, in a provision to delay more stringent packaging
requirements for certain poisonous gases.
The entry ``Thionyl chloride'' is corrected to remove Special
Provision ``T42'', which was removed in a rulemaking action under HM-
189L (60 FR 49110), published September 21, 1995. Through a printing
error, this entry was not removed from the CFR.
The entry ``Organochlorine pesticides, liquid, toxic, flammable,
flashpoint not less than 23 degrees C.'' is corrected by adding Packing
Group III which was inadvertently removed through a printing error.
[[Page 51335]]
Section 172.102
In paragraph (c)(1), Special Provision 115 is revised to update the
wording ``detonating primers'' for consistency with the Sec. 172.101
Hazardous Materials Table entries. In paragraph (c)(3), Special
Provisions B30 and B32 are amended by removing the acronym ``ASA.''
Part 173
Section 173.7
In paragraph (a), the first sentence is editorially revised to
clarify the packaging requirements for U.S. Government material.
Section 173.31
Paragraph (a)(6)(i) is removed because it is duplicative with
Sec. 173.31(c), which also authorizes the use of a tank car with a tank
test pressure higher than the regulatory minimum. Paragraphs (a)(6)
(ii) through (v), are redesignated (i) through (iv) respectively. In
addition, in newly redesignated paragraphs (a)(6) (i) through (iv), the
word ``specification'' is removed each place it appears for consistency
with changes made under other rulemakings to reference the tank car
``class'' in place of the ``specification''. Paragraph (b)(5) is
revised to clarify that the tank car must have bottom discontinuity
protection. In paragraph (c)(3), a reference to see
Sec. 173.31(e)(2)(ii) (see HM-175A/201, 61 FR 33255, June 26, 1996) for
compliance dates is added. In paragraph (d)(1)(vii), the wording
``frangible disc'' is revised to read ``rupture disc'' for consistency
with the wording used elsewhere in the HMR.
Section 173.224
Paragraphs (c)(1) and (c)(2) are revised to reflect the correct
reference, ``Sec. 173.124(a)(2)(iii).''
Section 173.225
Paragraph (e)(1) is amended by removing references to the
individual tank car specifications and adding references to the
authorized tank car classes. Also, it permits use of higher integrity
120A tank cars. These revisions are made for consistency with changes
made under other rulemakings.
Section 173.306
Paragraph (b)(3) is editorially revised to clarify that the
container may be filled with a solution that is a Division 6.1, PG III
material.
Section 173.315
In paragraphs (e) and (i)(3), a reference to paragraph ``(a)(1)''
is corrected to read ``(a).''
Part 174
Section 174.83
Paragraph (b) is revised to clarify that any Class DOT 113 tank
car, displaying a Division 2.1 material placard, even when empty, may
not be cut off while in motion. This revision is consistent with the
requirements that these tank cars may not be humped or cut off. See the
requirements for empty packagings in Sec. 173.29, design of tank cars
in Sec. 179.400-13, shipping papers in Sec. 172.203(g)(2), and tank car
markings in Sec. 179.400-25(d).
Section 174.85
In Sec. 174.85, in the paragraph (d) table, the restriction numbers
``3'', ``4'' and ``5'' are editorially revised for clarity. In
restriction ``5,'' the wording ``temperature control equipment'' is
removed to clarify that this restriction applies only to internal
combustion engines and open-flame devices (e.g., lighted heaters or
stoves) in operation.
Section 174.101
In paragraph (h), the terminology for detonating primers is
editorially revised.
Part 175
Section 175.320
In the paragraph (a) table, the terminology for detonating primers
is editorially revised.
Part 176
Section 176.194
In paragraphs (c) and (e), the terminology for detonating primers
is editorially revised.
Section 176.340
Several editorial revisions are made to this section to remove
obsolete section references.
Part 177
Section 177.835
In paragraph (g) introductory text for Class 1 (explosive)
materials, the terminology for detonating primers is editorially
revised.
Part 178
Section 178.320
The definition for ``Manufacturer'' is revised to clarify that this
term does not include persons (assemblers) who attach a cargo tank to a
motor vehicle, or to a motor vehicle component if it involves no
welding on the cargo tank wall.
Section 178.345-2
In paragraph (a)(1), for cargo tanks constructed in accordance with
the ASME Code, ``ASTM A 622'' steel is added as an authorized material
of construction for heads. This steel has been used successfully under
DOT exemption E-11499 for manufacture of cargo tank heads. It has
excellent ductile properties and strength and providing for its use
under provisions of general applicability offers minor savings to
industry.
Section 178.345-7
In paragraph (d)(2), the table column heading ``W \1\'', the
variable ``W'' in the second line, third column and the variable ``W''
following the table are redesignated as ``J \1\'', ``J'' and ``J \1\'',
respectively. These changes eliminate confusion caused by having two
``W'' variables with different meanings within the same section. The
variable ``W'' in paragraph (d)(1) is not changed.
Part 179
Section 179.103-5
The first two sentences in paragraph (a)(1) are removed. They were
removed under HM-175A/201 (60 FR 49077, Sept. 21, 1995), but not
removed in the 49 CFR printing.
Section 179.300-7
The first sentence in paragraph (a) is amended by removing the
phrase ``having heads fusion welded to the tank shell'' for consistency
with changes adopted under HM-216 (61 FR 28682, June 5, 1996; 61 FR
50255, Sept. 25, 1996).
Part 178 and Part 180 Miscellaneous Changes
The words ``cargo tank,'' ``cargo tank motor vehicle,'' and
``tank'' ; ``pressure test'' and ``pressure retest''; ``leak test'' and
``leakage test'' are corrected to ensure the accuracy of their use
throughout the HMR.
Rulemaking 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, therefore, was not
subject to review by the Office of Management and Budget. This rule is
not significant according to the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). Because of the minimal
economic impact of this rule, preparation of a regulatory impact
analysis or a regulatory evaluation is not warranted.
[[Page 51336]]
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism'') and does not
have sufficient federalism impacts to warrant the preparation of a
federalism assessment.
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
editorial 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.
Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
List of Subjects
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation, Oil.
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,
Incorporation by reference, Imports, Reporting and recordkeeping
requirements.
49 CFR Part 172
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 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 106--RULEMAKING PROCEDURES
1. The authority citation for part 106 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 49 CFR 1.53.
Sec. 106.1 [Amended]
2. In Sec. 106.1, the wording ``Hazardous Materials Safety
Program'' is added immediately before ``regulations of the Research and
Special Programs Administration of the Department of Transportation''.
3. Section 106.3 is revised to read as follows:
Sec. 106.3 Delegations.
For the purposes of this part, ``Administrator'' means the
Administrator, Research and Special Programs Administration, or his or
her delegate.
4. Section 106.13 is revised to read as follows:
Sec. 106.13 Initiation of rulemaking.
The Administrator initiates rulemaking on his or her own motion;
however, in so doing, the Administrator may use discretion to consider
the recommendations of other agencies of the United States or of other
interested persons, including those of any technical advisory body
established by statute for that purpose.
Sec. 106.17 [Amended]
5. In Sec. 106.17, in paragraph (b), the wording ``In his
discretion, the Administrator'' is removed and ``The Administrator'' is
added in its place.
6. Section 106.21 is revised to read as follows:
Sec. 106.21 Contents of written comments.
All written comments must be in English. It is requested, but not
required, that five copies be submitted. Any interested person should
submit as part of written comments all material considered relevant to
any statement of fact. Incorporation of material by reference should be
avoided; however, where necessary, such incorporated material shall be
identified by document title and page.
Sec. 106.25 [Amended]
7. In Sec. 106.25, the following changes are made:
a. In the first sentence, the word ``he'' is removed and ``the
Administrator'' is added in its place.
b. In the second sentence, the word ``his'' is removed and ``the
Administrator's'' is added in its place.
Sec. 106.27 [Amended]
8. In Sec. 106.27, in paragraph (c), in the second sentence, the
word ``his'' is removed and ``his or her'' is added in its place.
Sec. 106.29 [Amended]
9. In Sec. 106.29, the following changes are made:
a. In the first sentence, the wording ``the office concerned'' is
removed and ``the Office of Hazardous Materials Safety'' is added in
its place.
b. In the second sentence, the word ``his'' is removed.
Sec. 106.31 [Amended]
10. In Sec. 106.31, paragraphs (a), (c) introductory text and (d)
are amended by adding the wording ``for Hazardous Materials Safety''
immediately following ``Associate Administrator''.
11. In Sec. 106.33, paragraphs (b), (c), and (d) are revised to
read as follows:
Sec. 106.33 Processing of petition.
* * * * *
(b) Grants. If the Associate Administrator or the Chief Counsel
determines that the petition contains adequate justification, he or she
initiates rulemaking action under this subpart.
(c) Denials. If the Associate Administrator or the Chief Counsel
determines that the petition does not justify rulemaking, the petition
is denied.
(d) Notification. The Associate Administrator or the Chief Counsel
will
[[Page 51337]]
notify a petitioner, in writing, of the decision to grant or deny a
petition for rulemaking.
Sec. 106.35 [Amended]
12. In Sec. 106.35, in paragraph (b), the word ``he'' is removed
and ``the petitioner'' is added in its place.
13. In Sec. 106.37, paragraph (a) is revised to read as follows:
Sec. 106.37 Proceedings on petitions for reconsideration.
(a) The Associate Administrator or the Chief Counsel may grant or
deny, in whole or in part, any petition for reconsideration without
further proceedings, except where a grant of the petition would result
in issuance of a new final rule. In the event that the Associate
Administrator or the Chief Counsel determines to reconsider any
regulation, a final decision on reconsideration may be issued without
further proceedings, or an opportunity to submit comment or information
and data as deemed appropriate may be provided. Whenever the Associate
Administrator or the Chief Counsel determines that a petition should be
granted or denied, the Office of the Chief Counsel prepares a notice of
the grant or denial of a petition for reconsideration, for issuance to
the petitioner, and the Associate Administrator or the Chief Counsel
issues it to the petitioner. The Associate Administrator or the Chief
Counsel may consolidate petitions relating to the same rules.
* * * * *
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
14. The authority citation for part 107 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701, 49 CFR 1.45, 1.53.
Sec. 107.202 [Amended]
15. In Sec. 107.202, in paragraph (d), the word ``Editiorial'' is
removed and`` Editorial'' is added in its place.
Sec. 107.502 [Amended]
16. In Sec. 107.502, paragraph (f) is removed.
Sec. 107.503 [Amended]
17. In Sec. 107.503, the following changes are made:
a. In paragraph (b) introductory text, the wording ``who
manufactures or assembles a cargo tank'' is removed and ``who
manufactures a cargo tank'' is added in its place.
b. Paragraphs (b)(1) and (b)(2) are removed.
Sec. 107.601 [Amended]
18. In Sec. 107.601, in paragraph (c), the wording ``that meets a
criteria for'' is removed and ``that meets the criteria for'' is added
in its place.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
19. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.4 [Amended]
20. In Sec. 171.4, paragraph (d) is removed.
21. In the Sec. 171.7(a)(3) Table, under Truck Trailer
Manufacturers Association, a new entry is added in alphanumerical order
to read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------
* * * * *
Truck Trailer Manufacturers Association
* * * * *
TTMA RP No. 61-94, Performance of Manhole and/or Fill
Opening Assemblies on MC 306 and DOT 406 Cargo Tanks,
December 28, 1994 Edition................................. 180.405
* * * * *
------------------------------------------------------------------------
22. In Sec. 171.8, the following definitions are revised to read as
follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Design Certifying Engineer means a person registered with the
Department in accordance with subpart F of part 107 of this chapter who
has the knowledge and ability to perform stress analysis of pressure
vessels and to otherwise determine whether a cargo tank design and
construction meets the applicable DOT specification. In addition,
Design Certifying Engineer means a person who meets, at a minimum, any
one of the following:
(1) Has an engineering degree and one year of work experience in
cargo tank structural or mechanical design.
(2) Is currently registered as a professional engineer by the
appropriate authority of a State of the United States or a Province of
Canada.
(3) Has at least three years experience in performing the duties of
a Design Certifying Engineer by September 1, 1991, and was registered
with the Department by December 31, 1995.
* * * * *
Registered Inspector means a person registered with the Department
in accordance with subpart F of part 107 of this chapter who has the
knowledge and ability to determine whether a cargo tank conforms with
the applicable DOT specification. In addition, Registered Inspector
means a person who meets, at a minimum, any one of the following:
(1) Has an engineering degree and one year of work experience.
(2) Has an associate degree in engineering and two years of work
experience.
(3) Has a high school diploma or General Equivalency Diploma) and
three years of work experience.
(4) Has at least three years experience in performing the duties of
a Registered Inspector by September 1, 1991, and was registered with
the Department by December 31, 1995.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
23. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
24. In Sec. 172.101, the Hazardous Materials Table is amended by
adding the following entry, in appropriate alphabetical order, to read
as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 51338]]
Sec. 172.101 Hazardous Materials Table
(8) Packaging (Sec. (9) Quantity (10) Vessel
Hazardous 173.***) limitations stowage
Sym- materials Hazard Identification Label Special ---------------------------------------------------------------------
bols descriptions and class or numbers PG codes provisions Passenger Cargo
proper shipping division Exceptions Non- Bulk aircraft/ aircraft Location Other
names bulk rail only
(1) (2).............. (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Organochlorine 6.1 UN2995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C.
[ADD]
................. ......... ................ III 6.1 B1, T14 153 203 242 60 L 220 L A 40
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 172.101 [Amended]
25. In addition, in Sec. 172.101, the following changes are made to
the Hazardous Materials Table:
a. In column (7), the reference ``25,'' is removed for the entries
``Boron trichloride'', ``Carbonyl sulfide'', ``Chlorine trifluoride'',
``Hydrogen iodide, anhydrous'', ``Methyl mercaptan'', ``Nitric oxide'',
and ``Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide
and nitrogen dioxide mixtures'', ``Perchloryl fluoride'',
``Trifluoroacetyl chloride'', and ``Trifluorochloroethylene, inhibited,
R1113''.
b. In column (7), the reference ``25'' is removed for the entries
``Ethylene oxide or Ethylene oxide with nitrogen up to a total pressure
of 1MPa (10 bar) at 50 degrees C.'', ``Germane'', and ``Silicon
tetrafluoride''.
c. In column (7), the reference ``T42,'' is removed for the entry
``Thionyl chloride''.
Sec. 172.102 [Amended]
26. In Sec. 172.102, the followings changes are made:
a. In paragraph (c)(1), for Special Provision 115, the wording
``detonator (detonating primers)'' is removed and ``detonator,
detonator assemblies and boosters with detonators '' is added in its
place.
b. In paragraph (c)(3), for Special Provisions B30 and B32, in
paragraph d., the acronym ``ASA'' is removed.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
27. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
28. In Sec. 173.7, in paragraph (a) introductory text, the first
sentence is revised to read as follows:
Sec. 173.7 U.S. Government material.
(a) Hazardous materials offered for transportation by, for, or to
the Department of Defense (DOD) of the U.S. Government, including
commercial shipments pursuant to a DOD contract, must be packaged in
accordance with the regulations in this subchapter or in packagings of
equal or greater strength and efficiency as certified by DOD in
accordance with the procedures prescribed by ``Performance Oriented
Packaging of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 71-5/
NAVSUPINST 4030.55/MCO 4030.40.'' * * *
* * * * *
Sec. 173.31 [Amended]
29. In Sec. 173.31, the following changes are made:
a. Paragraph (a)(6)(i) is removed.
b. Paragraph (a)(6) (ii), (iii), (iv) and (v) are redesignated as
paragraphs (a)(6) (i), (ii), (iii) and (iv), respectively.
c. In newly redesignated paragraphs (a)(6)(i) through (a)(6)(iv),
the word ``specification'' is removed each place it appears.
d. In paragraph (b)(5), in the first sentence, the wording ``tank
car unless'' is removed and ``tank car with bottom discontinuity
protection unless'' is added in its place.
e. In paragraph (c)(3), the wording ``(see Sec. 173.31(e)(2)(ii)
for compliance dates)'' is added after the word ``inhalation''.
f. In paragraph (d)(1)(vii), the wording ``frangible disc'' is
removed and ``rupture disc'' is added in its place.
Sec. 173.189 [Amended]
30. In Sec. 173.189, in paragraph (b), in the last sentence, the
specification ``4C,'' is removed and ``4C1, 4C2,'' is added in its
place.
Sec. 173.224 [Amended]
31. In Sec. 173.224, in paragraphs (c)(1) and (c)(2), the reference
``Sec. 173.124(a)(2)(vii)'' is removed and ``Sec. 173.124(a)(2)(iii)''
is added each place it appears.
Sec. 173.225 [Amended]
32. In Sec. 173.225, in paragraph (e)(1), in the first sentence,
the wording ``DOT 103W, 103AW, 111A60F1, 111A60W1, 111A100F2, and
111A100W2 tank car tanks'' is removed and ``Class DOT 103, 104, 105,
109, 111, 112, 114, 115, or 120 fusion-weld tank car tank'' is added in
its place.
Sec. 173.300a [Amended]
33. In Sec. 173.300a, in paragraph (c), the word ``Director'' is
removed and ``Associate Administrator or his or her representative'' is
added in its place.
34. In Sec. 173.306, in paragraph (b)(3), the first sentence is
revised to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(b) * * *
(3) Nonrefillable metal containers charged with a Division 6.1
Packing Group III or nonflammable solution containing biological
products or a medical preparation which could be
[[Page 51339]]
deteriorated by heat, and compressed gas or gases. * * *
* * * * *
Sec. 173.315 [Amended]
35. In Sec. 173.315, in paragraphs (e) and (i)(3), the reference
``(a)(1)'' is removed and ``(a)'' is added in its place.
PART 174--CARRIAGE BY RAIL
36. The authority citation for part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 174.81 [Amended]
37. In Sec. 174.81, in paragraph (g) introductory text, the wording
``for Class I'' is removed and ``for Class 1'' is added in its place.
Sec. 174.83 [Amended]
38. In Sec. 174.83, in paragraph (b) introductory text, the wording
``or any Class DOT-113 tank car placarded for a Division 2.1 flammable
gas may not be:'' is removed and ``or a Class DOT 113 tank car
displaying a Division 2.1 (flammable gas) placard, including a Class
DOT 113 tank car containing only a residue of a Division 2.1 material,
may not be:'' is added in its place.
Sec. 174.85 [Amended]
39. In Sec. 174.85, in the paragraph (d) table, the following
changes are made:
a. In the first column, the text of restriction number ``3'' is
revised to read as follows: ``A placarded car may not be placed next to
an open-top car when any of the lading in the open top car protrudes
beyond the car ends, or if the lading shifted, would protrude beyond
the car ends.''.
b. In the first column, the first sentence of restriction number
``4'' is revised to read as follows: ``A placarded car may not be
placed next to a loaded flat car, except closed TOFC/COFC equipment,
auto carriers, and other specially equipped cars with tie-down devices
for securing vehicles.''.
c. In the first column, the text of restriction number ``5'' is
revised to read as follows: ``A placarded car may not be placed next to
any transport vehicle or freight container having an internal
combustion engine or an open-flame device in operation.''.
Sec. 174.101 [Amended]
40. In Sec. 174.101, the following changes are made:
a. In paragraph (h), in the first sentence, the wording
``detonators or detonating primers'' is removed and ``detonators,
detonator assemblies, or boosters with detonators'' is added in its
place.
b. In paragraph (o) introductory text, in the first sentence, the
wording ``on a flatcar car'' is removed and ``on a flatcar'' is added
in its place.
Sec. 174.112 [Amended]
41. In Sec. 174.112, in paragraph (b), in the second sentence, the
reference ``Sec. 174.104(c)-(f)'' is removed and ``Sec. 174.104 (c)
through (f)'' is added in its place.
PART 175--CARRIAGE BY AIRCRAFT
42. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.320 [Amended]
43. In Sec. 175.320, in the paragraph (a) table, in the first
column, for the first two entries, the wording ``Detonators and
detonating primers'' is removed and ``Detonators, detonator assemblies
and boosters with detonators'' is added each place it appears.
PART 176--CARRIAGE BY VESSEL
44. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 176.194 [Amended]
45. In Sec. 176.194, the following changes are made:
a. In paragraph (c), in the last sentence, the wording
``Detonators, Division 1.1 (Class A explosive), and detonating primers,
Division 1.1 (Class A explosive)'' is removed and ``Detonators,
detonator assemblies and boosters with detonators, Division 1.1 (Class
A explosive)'' is added in its place.
b. In paragraph (e), in the last sentence, the wording ``Detonators
and detonating primers'' is removed and ``Detonators, detonator
assemblies and boosters with detonators'' is added in its place.
Sec. 176.340 [Amended]
46. In Sec. 176.340, the following changes are made:
a. In paragraph (b)(1), the wording ``Secs. 178.251 and 178.253 of
this subchapter,'' is removed and ``a DOT specification 57 portable
tank,'' is added in its place.
b. In paragraph (b)(3), the wording ``in Sec. 178.253-5 of this
subchapter'' is removed.
c. In paragraph (b)(4), the wording ``Table III in Sec. 178.341-4''
is removed and ``Table I in Sec. 178.345-10'' is added in its place.
d. In paragraph (b)(5), the wording ``marking required by
Sec. 178.251-7 of this subchapter,'' is removed and ``marking,'' is
added in its place.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
47. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
48. In Sec. 177.835, paragraph (g) introductory text is revised to
read as follows:
Sec. 177.835 Class 1 (explosive) materials.
* * * * *
(g) No detonator assembly or booster with detonator may be
transported on the same motor vehicle with any Division 1.1, 1.2 or 1.3
(Class A or Class B explosive) material (except other detonator
assemblies, boosters with detonators or detonators), explosives for
blasting or detonating cord Division 1.4 (Class C explosive) material.
No detonator may be transported on the same motor vehicle with any
Division 1.1, 1.2 or 1.3 (Class A or Class B explosive) material
(except other detonators, detonator assemblies or boosters with
detonators), explosives for blasting or detonating cord, Division 1.4
(Class C explosive) material unless--
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
49. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
50. In Sec. 178.320, in paragraph (a), the definition for
``Manufacturer'' is revised to read as follows:
Sec. 178.320 General requirements applicable to all DOT specification
cargo tank motor vehicles.
(a) * * *
Manufacturer means any person engaged in the manufacture of a DOT
specification cargo tank, cargo tank motor vehicle or cargo tank
equipment which forms part of the cargo tank wall. This term includes
attaching a cargo tank to a motor vehicle or to a motor vehicle
suspension component which involves welding on the cargo tank wall. A
manufactuer shall register with the Department in accordance with
subpart F of part 107 in subchapter A of this chapter.
* * * * *
Sec. 178.337-1 [Amended]
51. In Sec. 178.337-1, the following changes are made:
[[Page 51340]]
a. In paragraphs (b), (c)(1), (c)(2) introductory text, (c)(2)(i),
(c)(2)(ii), (d), (e)(1), (e)(2) and (f), the word ``tank'' is removed
and ``cargo tank'' is added each place it appears.
b. In paragraph (e)(2), the word ``tanks'' is removed and ``cargo
tanks'' is added in its place.
c. In paragraph (f), in the first sentence, the word ``accord-
ance'' is removed and ``accordance'' is added in its place.
Sec. 178.337-2 [Amended]
52. In Sec. 178.337-2, the following changes are made:
a. In paragraph (a)(1), the word ``tank'' is removed and ``cargo
tank'' is added in its place.
b. In paragraph (a)(2), in the first sentence, the wording ``on
steel used in fabrication on each tank'' is removed and ``on steel used
in the fabrication of each cargo tank'' is added in its place.
c. In paragraphs (a)(3), (a)(4), (b)(1) introductory text, (b)(2)
introductory text and the last sentence in paragraph (c), the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
d. In paragraph (b) heading, the wording ``a chlorine tank'' is
removed and ``a chlorine cargo tank'' is added in its place.
Sec. 178.337-3 [Amended]
53. In Sec. 178.337-3, the following changes are made:
a. In paragraph (b), in the second sentence, the wording ``by the
tank wall'' is removed and ``by the cargo tank wall'' is added in its
place.
b. In paragraphs (c)(1)(iii) (A), (B) introductory text and (C);
(c)(1)(iv) (A), (B) and (C); (c)(2)(iii) (A), (B) introductory text and
(C); and (c)(2)(iv) (A), (B) and (C), the wording ``loaded cargo tank''
is removed and ``loaded cargo tank motor vehicle'' is added each place
it appears.
c. In paragraph (e), the word ``tanks'' is removed and ``cargo
tanks'' is added each place it appears.
d. In paragraphs (f) and (g) introductory text, the word ``tank''
is removed and ``cargo tank'' is added each place it appears.
e. In paragraph (g)(1), in the second sentence, the wording
``integrity of the tank'' is removed and ``integrity of the cargo
tank'' is added in its place.
Secs. 178.337-4, 178.337-6, 178.337-8 [Amended]
54. In Sec. 178.337-4 (b) and (c), in Sec. 178.337-6(b) and in
Sec. 178-337-8(a)(1), the word ``tank'' is removed and ``cargo tank''
is added each place it appears.
Sec. 178.337-9 [Amended]
55. In Sec. 178.337-9, the following changes are made:
a. In paragraph (a)(2), the word ``tanks'' is removed and ``cargo
tanks'' is added in its place.
b. In paragraphs (a)(3), (b)(1) and (c), the word ``tank'' is
removed and ``cargo tank'' is added each place it appears.
c. In paragraph (b)(6), in the third sentence, the wording
``installation on the tank'' is removed and ``installation on the cargo
tank'' is added in its place.
d. In paragraph (d)(1), in the second sentence, the wording ``at
least tank test pressure'' is removed and ``at least the cargo tank
test pressure'' is added in its place.
e. In paragraph (d)(1), in the third and fourth sentences, the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
f. In paragraph (d)(1), in the fourth sentence, the punctuation
``.'' is added after the word leakage and preceding the word ``The''.
Sec. 178.337-11 [Amended]
56. In Sec. 178.337-11, the following changes are made:
a. In pararaphs (a)(1) (ii), (iii), (iv) and (v); (a)(2) (i) and
(ii); (b); and (c)(3), the word ``tank'' is removed and ``cargo tank''
is added each place it appears.
b. In paragraph (c)(1), the wording ``self-closing'' is removed the
first time it appears.
Sec. 178.337-13 [Amended]
57. In Sec. 178.337-13, the following changes are made:
a. In paragraph (a), in the first sentence, the wording ``tank
down'' is removed and ``cargo tank down'' is added in its place; in the
second sentence, the wording `` tank and the vehicle chassis'' is
removed and ``cargo tank and the vehicle chassis'' is added in its
place.
b. In paragraph (b), in the first sentence, the wording ``tank
motor vehicle'' is removed and ``cargo tank motor vehicle'' is added in
its place.
c. In paragraph (b), in the first sentence, the wording ``tank
supported'' is removed and ``cargo tank supported'' is added in its
place.
d. In paragraph (b), in the fourth sentence, the wording ``loaded
vehicle'' is removed and ``loaded cargo tank motor vehicle'' is added
in its place.
e. In paragraphs (c) and (d), the word ``tank'' is removed and
``cargo tank'' is added each place it appears.
Sec. 178.337-14 [Amended]
58. In Sec. 178.337-14, in paragraph (b)(2), in the second
sentence, the word ``tank'' is removed and ``cargo tank'' is added in
its place.
Sec. 178.337-15 [Amended]
59. In Sec. 178.337-15, in paragraph (a), in the third sentence,
the word ``tank'' is removed and ``cargo tank'' is added in its place.
Sec. 178.337-16 [Amended]
60. In Sec. 178.337-16, the following changes are made:
a. In paragraphs (a) and (b)(1), the word ``tank'' is removed and
``cargo tank'' is added each place it appears.
b. In paragraphs (a), (b)(2) and (c), the word ``tanks'' is removed
and ``cargo tanks'' is added each place it appears.
Sec. 178.337-17 [Amended]
61. In Sec. 178.337-17, in paragraph (a), the following changes are
made:
a. The word ``tank'' is removed and ``cargo tank'' is added each
place it appears.
b. In the third sentence, the wording ``multitank vehicles plates''
is removed and ``multi-cargo tank motor vehicle plates'' is added in
its place.
Sec. 178.337-18 [Amended]
62. In Sec. 178.337-18, the following changes are made:
a. In paragraph (a) introductory text, in the first sentence, the
wording ``cargo tank manufacturer'' is removed and ``cargo tank motor
vehicle manufacturer'' is added in its place.
b. In paragraph (a) introductory text, in the first sentence, the
wording ``tank manufacturer's'' is removed and ``cargo tank motor
vehicle manufacturer's'' is added in its place.
c. In paragraph (a)(3), in the third sentence, the word ``tank'' is
removed and ``cargo tank'' is added in its place.
d. In paragraph (b), the word ``tank'' is removed and ``cargo tank
motor vehicle'' is added each place it appears.
Sec. 178.338-9 [Amended]
63. In Sec. 178.338-9, in paragraph (c)(1), in the fourth sentence,
the reference ``Sec. 173.33(d)(1)(ii)'' is removed and
``Sec. 173.318(g)(3)'' is added in its place.
Sec. 178.345-1 [Amended]
64. In Sec. 178.345-1, in paragraph (c), the following changes are
made:
a. For the following definitions, the word ``tank'' is removed and
``cargo tank'' is added each place it appears: ``External self-closing
stop-valve'', ``Inspection pressure'', ``Internal self-closing stop-
valve'', ``Loading/unloading outlet'', ``Loading/unloading stop-
valve'', ``Outlet'', ``Outlet stop-valve'', ``Sacrificial Device'',
``Shell'', ``Sump'', and ``Vacuum tank''.
b. For the following definitions, the wording ``cargo tank'' is
removed and ``cargo tank motor vehicle'' is added each place it
appears: ``Extreme
[[Page 51341]]
dynamic loading'' and ``Normal operating loading''.
Sec. 178.345-2 [Amended]
65. In Sec. 178.345-2, the following changes are made:
a. In paragraph (a)(1), the wording ``ASTM A 622'' is added in
alphanumerical order.
b. In paragraph (c)(1), the word ``tank'' is removed and ``cargo
tank'' is added in its place.
c. In paragraph (c)(2), the wording ``tank wall'' is removed and
``cargo tank wall'' is added in its place.
Sec. 178.345-3 [Amended]
66. In Sec. 178.345-3, the following changes are made:
a. In paragraphs (a)(1) and (c)(1) introductory text, the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
a-1. In paragraph (b) introductory text, in the second sentence,
the wording ``tank design'' is removed and ``cargo tank design'' is
added in its place.
b. In paragraphs (c)(1)(iii) (A), (B) introductory text and (C),
and (c)(1)(iv) (A), (B) and (C), the wording ``fully loaded cargo
tank'' is removed and ``fully loaded cargo tank motor vehicle'' is
added each place it appears.
c. In paragraph (c)(2) introductory text, the word ``tank'' is
removed and ``cargo tank'' is added in its place.
d. In paragraphs (c)(2)(iii) (A), (B) introductory text, (C) and
(c)(2)(iv) (A), (B) and (C), the wording ``fully loaded cargo tank'' is
removed and ``fully loaded cargo tank motor vehicle'' is added each
place it appears.
e. In paragraph (f)(2), in the last sentence, the wording ``tank
shell'' is revised to read ``cargo tank shell''.
Sec. 178.345-4 [Amended]
67. In Sec. 178.345-4, in paragraph (a), the wording ``tank shell''
is removed and ``the cargo tank shell'' is added in its place.
Sec. 178.345-6 [Amended]
68. In Sec. 178.345-6, the following changes are made:
a. In paragraph (a), in the first sentence, the word ``vehicle'' is
removed and ``cargo tank motor vehicle'' is added in its place.
b. In paragraph (a), in the first sentence, the wording ``tank must
have the tank secured by restraining devices to eliminate any motion
between the tank and frame that may abrade the tank shell'' is removed
and ``cargo tank must have the tank secured by restraining devices to
eliminate any motion between the tank and frame that may abrade the
tank shell'' is added in its place.
c. In paragraph (b), in the first sentence, the wording ``in the
tank'' is removed and ``in the cargo tank'' is added in its place.
69. In Sec. 178.345-7, the table in paragraph (d)(2) is revised to
read as follows:
Sec. 178.345-7 Circumferential reinforcements.
* * * * *
(d) * * *
(2) * * *
------------------------------------------------------------------------
Number of circumferential ring
stiffener-to-shell welds J \1\ Shell section
------------------------------------------------------------------------
1................................ .................... 20t
2................................ Less than 20t....... 20t+J
2................................ 20t or more......... 40t
------------------------------------------------------------------------
\1\ where:
t=Shell thickness, inches;
J=Longitudinal distance between parallel circumferential ring stiffener-
to-shell welds.
* * * * *
Sec. 178.345-7 [Amended]
70. In addition, in Sec. 178.345-7, the following changes are made:
a. In paragraphs (a) introductory text, (c) and (d)(2), the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
b. In paragraph (d)(5), the wording ``tank shell'' is removed and
``cargo tank shell'' is added in its place.
Sec. 178.345-8 [Amended]
71. In Sec. 178.345-8, the following changes are made:
a. In paragraph (a)(1) introductory text, in the second sentence,
the wording ``accident damage protection that are:'' is removed and
``accident damage protection devices that are:'' is added in its place.
b. In paragraph (a)(1) introductory text, the words ``non-circular
tanks'' is removed and ``non-circular cargo tanks'' is added each place
it appears.
c. In paragraph (a)(3), in the second sentence, the wording ``the
tank wall'' is removed and ``the cargo tank wall'' is added in its
place.
d. In paragraph (a)(3), in the third sentence, the wording ``from
the tank operating at the MAWP may not result in a tank wall'' is
removed and ``from the cargo tank operating at the MAWP may not result
in a cargo tank wall'' is added in its place.
e. In paragraph (a)(4), in the third and fourth sentences, the word
``tank'' is removed and ``cargo tank'' is added each place it appears.
f. In paragraph (b) introductory text, the word ``tank'' is removed
and ``cargo tank'' is added in its place.
g. In paragraph (b) introductory text, the wording ``non-circular
tanks'' is removed and ``non-circular cargo tanks'' is added in its
place.
h. In paragraphs (b)(2), (d)(2) introductory text, (d)(2)(ii) and
(e), the word ``tank'' is removed and ``cargo tank'' is added each
place it appears.
i. In paragraph (c)(1), the wording ``normal to the tank shell
(perpendicular to the tank surface)'' is removed and ``normal to the
cargo tank shell (perpendicular to the cargo tank surface)'' is added
in its place.
j. In paragraph (c)(2), the wording ``top of the tank'' is removed
and ``top of the cargo tank'' is added in its place.
k. In paragraph (d) introductory text, in the first sentence, the
wording ``protect the tank'' is removed and ``protect the cargo tank''
is added in its place.
l. In paragraph (d)(1), the wording ``The rear-end tank'' is
removed and ``The rear end cargo tank'' is added in its place.
Sec. 178.345-9 [Amended]
72. In Sec. 178.345-9, In paragraphs (e) and (h), the word ``tank''
is removed and ``cargo tank'' is added each place it appears.
Sec. 178.345-10 [Amended]
73. In Sec. 178.345-10, the following changes are made:
a. In paragraph (a), in the second sentence, the wording ``tank
rupture'' is removed and ``cargo tank rupture'' is added in its place.
b. In paragraph (c), in the second sentence, the word ``tank'' is
removed and ``cargo tank'' is added each place it appears.
c. In paragraph (c), in the second sentence, the word ``tanks'' is
removed and ``cargo tanks'' is added in its place.
d. In paragraph (e) introductory text, the word ``tank'' is removed
and ``cargo tank'' is added each place it appears.
e. In paragraph (e)(1), the wording ``exposed tank'' is removed and
``exposed cargo tank'' is added in its place.
Sec. 178.345-11 [Amended]
74. In Sec. 178.345-11, the following changes are made:
a. In paragraph (a), in the second sentence, the wording ``Tank
out-lets'' is removed and ``Cargo tank outlets'' is added in its place.
b. In paragraphs (b) introductory text, and (d), the word ``tank''
is removed and ``cargo tank'' is added each place it appears.
[[Page 51342]]
c. In paragraph (b)(2), the wording ``the tank need not'' is
removed and ``the cargo tank need not'' is added in its place.
Sec. 178.345-12 [Amended]
75. In Sec. 178.345-12, in the first sentence, the wording ``Each
cargo tank, except a tank'' is removed and ``Each cargo tank, except a
cargo tank'' is added in its place.
76. In Sec. 178.345-13, in paragraph (b) introductory text, the
first two sentences are revised to read as follows:
Sec. 178.345-13 Pressure and leakage tests.
* * * * *
(b) * * * Each cargo tank or cargo tank compartment must be tested
hydrostatically or pneumatically. Each cargo tank of a multi-cargo tank
motor vehicle must be tested with the adjacent cargo tanks empty and at
atmospheric pressure. * * *
* * * * *
Sec. 178.345-13 [Amended]
77. In addition, in Sec. 178.345-13, the following changes are
made:
a. In paragraph (a), the words ``Each tank must be pressure and
leak tested'' is removed and ``Each cargo tank must be pressure and
leakage tested'' is added in its place.
b. In paragraph (b)(1) and the fourth sentence of paragraph (b)(2),
the word ``tank'' is removed and ``cargo tank'' is added each place it
appears.
78. In Sec. 178.345-14, paragraph (a) is revised to read as
follows:
Sec. 178.345-14 Marking.
(a) General. The manufacturer shall certify that each cargo tank
motor vehicle has been designed, constructed and tested in accordance
with the applicable Specification DOT 406, DOT 407 or DOT 412
(Secs. 178.345, 178.346, 178.347, 178.348) cargo tank requirements, and
when applicable, with the ASME Code. The certification shall be
accomplished by marking the cargo tank as prescribed in paragraphs (b)
and (c) of this section, and by preparing the certificate prescribed in
Sec. 178.345-15. Metal plates prescribed by paragraphs (b), (c), (d)
and (e) of this section, must be permanently attached to the cargo tank
or its integral supporting structure, by brazing, welding or other
suitable means. These plates must be affixed on the left side of the
vehicle near the front of the cargo tank (or the frontmost cargo tank
of a multi-cargo tank motor vehicle), in a place readily accessible for
inspection. The plates must be permanently and plainly marked in
English by stamping, embossing or other means in characters at least
\3/16\ inch high. The information required by paragraphs (b) and (c) of
this section may be combined on one specification plate.
* * * * *
Sec. 178.345-14 [Amended]
79. In addition, in Sec. 178.345-14, the following changes are
made:
a. In paragraphs (b)(4) and (b)(5), the word ``Tank'' is removed
and ``Cargo tank'' is added each place it appears.
b. In paragraph (d), the paragraph heading is revised to read:
``Multi-cargo tank motor vehicle.''.
c. In paragraph (d), in the first sentence, the wording ``For a
cargo tank motor vehicle`` is removed and ``For a multi-cargo tank
motor vehicle'' is added in its place.
d. In paragraph (d), in the first sentence, the wording ``having
one cargo tank or'' is removed.
e. In paragraph (d), in the fourth sentence, the wording
``insulation and the'' is removed and ``insulation. The'' is added in
its place.
Sec. 178.345-15 [Amended]
80. In Sec. 178.345-15, the following changes are made:
a. In paragraph (b)(2), in the first sentence, the wording ``ASME
tank a tank manufacturer's'' is removed and ``ASME cargo tank a cargo
tank manufacturer's'' is added in its place.
b. In paragraph (d), the wording ``tank fabrication'' is removed
and ``cargo tank fabrication'' is added in its place.
PART 179--SPECIFICATIONS FOR TANK CARS
81. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.103-5 [Amended]
82. In Sec. 179.103-5, paragraph (a)(1) is amended by removing the
first two sentences.
Sec. 179.300-7 [Amended]
82a. In Sec. 179.300-7, in the first sentence of paragraph (a), the
phrase ``having heads fusion welded to the tank shell'' is removed.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
83. The authority citation for part 180 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
84. In Sec. 180.403, for the definition ``Modification'', a new
sentence is added at the end of the introductory text to read as
follows:
Sec. 180.403 Definitions.
* * * * *
Modification * * * Excluded from this category are the following:
* * * * *
Sec. 180.407 [Amended]
85. In Sec. 180.407, the following changes are made:
a. In the paragraph (c) table, in the table title, the word
``Retests'' is removed and ``Test'' is added in its place.
b. In the paragraph (c) table, in the first column, in the fifth
entry, the wording ``Pressure Retest'' is removed and ``Pressure Test''
is added in its place.
c. In paragraph (d)(2)(vi), the wording ``parts 178 and 180'' is
removed and ``parts 172, 178 and 180 of this subchapter'' is added in
its place.
d. In paragraph (f)(3), in the first sentence, the word ``tank'' is
removed and the words ``the cargo tank'' are added in its place.
e. In paragraph (f)(3), in the second sentence, the reference
``Sec. 180.407(i).'' is removed and ``paragraphs (i)(2), (i)(3), (i)(5)
and (i)(6) of this section.'' is added in its place.
f. In paragraph (g)(1) (viii) and (ix), the word ``tank'' is
removed and ``cargo tank'' is added each place it appears.
g. In paragraph (g)(1)(viii), in the second sentence, the reference
``(g)(1)(iii)'' is removed and ``(g)(1)(iv)'' is added in its place.
h. In paragraph (h)(1) introductory text, (h)(1)(i) and (h)(1)(ii),
the wording ``leak tested'' is removed and ``leakage tested'' is added
each place it appears.
Sec. 180.413 [Amended]
86. In Sec. 180.413, in paragraph (e), the following changes are
made:
a. In the first sentence, the wording ``each tank during the time
the tank'' is removed and ``each cargo tank during the time the cargo
tank'' is added in its place.
b. In the second sentence, the wording ``during the period the
tank'' is removed and ``during the period the cargo tank'' is added in
its place.
c. In the third sentence, the wording ``cargo tank'' is removed and
``specification cargo tank'' is added each place it appears.
Sec. 180.415 [Amended]
87. In Sec. 180.415, in paragraph (b), the following changes are
made:
[[Page 51343]]
a. In the fourth sentence, the wording ``pressure retest'' is
removed and ``pressure test'' is added in its place.
b. In the fourth sentence, the wording ``lining test'' is removed
and ``lining inspection'' is added in its place.
c. In the fifth sentence, the wording ``pressure retest'' is
removed and ``pressure test'' is added in its place.
Sec. 180.417 [Amended]
88. In Sec. 180.417, in paragraph (c)(2), the word ``tank'' is
removed and ``cargo tank'' is added in its place.
Issued in Washington, DC, on September 18, 1996, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 96-24710 Filed 9-30-96; 8:45 am]
BILLING CODE 4910-60-P
