98-25616. Hazardous Materials Regulations; Editorial Corrections and Clarifications  

  • [Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
    [Rules and Regulations]
    [Pages 52844-52851]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-25616]
    
    
    
    [[Page 52843]]
    
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    Part IV
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Research and Special Programs Administration
    
    
    
    _______________________________________________________________________
    
    
    
    49 CFR Part 107, et al.
    
    
    
    Hazardous Materials Regulations; Editorial Corrections and 
    Clarifications; Final Rule
    
    Federal Register / Vol. 63, No. 190 / Thursday, October 1, 1998 / 
    Rules and Regulations
    
    [[Page 52844]]
    
    
    
    DEPARTMENT OF TRANSPORTATION
    
    Research and Special Programs Administration
    
    49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179, and 180
    
    [Docket No. RSPA-98-4404 (HM-189O)]
    RIN 2137-AD27
    
    
    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 in the Hazardous Materials 
    Regulations (HMR). The intended effect of this rule is to enhance the 
    accuracy and reduce misunderstandings of the HMR. This non-substantive 
    final rule correcting minor errors in the hazardous materials 
    regulations was not preceded by a notice of proposed rulemaking because 
    RSPA finds that notice and public comment are unnecessary under the 
    Administrative Procedure Act.
    
    EFFECTIVE DATE: October 1, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Charles E. Betts, 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 confuse 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 minor editorial 
    corrections (e.g., typographical, capitalization and punctuation 
    errors), changes to legal authority citations and certain other minor 
    adjustments to enhance the clarity of the HMR.
    
    Section-by-Section Review
    
    Part 107
    
    Section 107.503
    
        Paragraph (a)(3) is revised to remove an obsolete section 
    reference.
    
    Section 107.606
    
        Paragraph (a)(5) is revised to update a 49 CFR part reference. In 
    1976, 49 CFR part 1057 was redesignated as part 376. That change was 
    never corrected in the registration requirements at Sec. 107.606(a)(5).
    
    Part 171
    
    Section 171.7
    
        In paragraph (a)(3), in the table of material incorporated by 
    reference, in the entry ``IME Safety Library Publication No. 22'', in 
    the second column, a reference to ``173.63'' is added immediately 
    before ``177.835''.
    
    Section 171.8
    
        A minor editorial change is made to the ``Marine pollutant'' 
    definition to enhance its clarity.
        In the ``Reportable Quantity'' definition, a reference to ``column 
    3'' is corrected to read ``column 2''.
    
    Section 171.14
    
        Paragraph (c) (1) is revised to clarify that the authorization 
    allowing a fiber drum with a removable head to be used for a liquid 
    hazardous material in Packing Group III that is not poisonous by 
    inhalation expired on September 30, 1997.
    
    Part 172
    
    Section 172.101
    
        In paragraph (c)(11), a reference to ``Sec. 173.51'' is corrected 
    to read ``Sec. 173.54''.
        In paragraph (f), in the first sentence, the word ``ORD-D'' is 
    removed and the word ``ORM-D'' is added in its place.
        The Hazardous Materials Table (the Table). The Table is amended to 
    read as follows:
        The entry ``Anhydrous ammonia see Ammonia, anhydrous, liquefied'' 
    is corrected by removing the word ``,liquefied''. Separate entries for 
    ``Ammonia, anhydrous'' and ``ammonia solutions'' were created under 
    Docket HM-215B [62 FR 24707; May 6, 1997].
        In the following proper shipping names, the word ``gases'' is 
    revised to read ``gas'', for consistency with the way they are shown in 
    the UN Recommendations:
        Compressed gases, flammable, n.o.s.;
        Compressed gases, n.o.s.;
        Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone 
    A;
        Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone 
    B;
        Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone 
    C;
        Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone 
    D;
        Compressed gases, toxic, n.o.s. Inhalation Hazard Zone A;
        Compressed gases, toxic, n.o.s. Inhalation Hazard Zone B;
        Compressed gases, toxic, n.o.s. Inhalation Hazard Zone C;
        Compressed gases, toxic, n.o.s. Inhalation Hazard Zone D.
        The entry ``Diphenylmethane-4,4' diisocyanate'' is removed. This 
    material does not meet the toxicity criteria for a Division 6.1 Packing 
    Group III material, and this entry was also deleted from the List of 
    Dangerous Goods in the ninth revised edition of the UN Recommendations.
        The entry ``Dichlorodifluoromethane or Refrigerant gas R 122'' is 
    corrected by removing ``122'' and replacing it with ``12''.
        For the entry ``Methyl isocyanate, 6.1,UN2480'', Column (7) is 
    corrected by removing Special Provision ``A7''. This material is 
    forbidden for transportation by aircraft.
        For the entry ``Sodium hydrogendifluoride, solid'', the word 
    ``solid'' is italicized.
        For the entry ``Sodium hydrogendifluoride, liquid'', the word 
    ``liquid'' is italicized.
        For the entry ``Uranium hexafluoride, fissile excepted or non-
    fissile, 7, UN2978'', columns 8B and 8C are corrected by removing the 
    reference ``425'' and replacing it with ``427''.
        For the entry ``Water-reactive, solid, oxidizing, n.o.s., 4.3, 
    UN3133'', in column 5, packing group ``II'' is added, in column (10A) 
    ``E'' is added, and in column (10B), ``40'' is added. In addition, a 
    new entry for the material in packing group III is added.
    
    Section 172.102
    
        In paragraph (c) (1), special Provision 114B is corrected by 
    removing the wording ``US006'' and replacing it with ``US1''.
    
    Section 172.203
    
        Paragraph (m)(1) is revised by removing the wording ``Poison or 
    Toxic'' and replacing it with `` `Poison' or `Toxic' ''.
    
    [[Page 52845]]
    
    Section 172.400a
    
        In paragraph (a)(7), the reference ``Sec. 173.425(b)'' is corrected 
    to read ``Sec. 173.427(a)(6)(vi)''.
    
    Section 172.504
    
        Footnote 1 of Table 1 is revised to correct a section reference.
    
    Part 173
    
    Section 173.6
    
        In paragraph (c)(2), as amended by 63 FR 8142 the last sentence 
    stating ``Each digit in the identification number marking must be 
    displayed in 100 mm (3.9 inches) black Helvetica Medium, Alpine Gothic 
    or Alternate Gothic No. 3 numerals.'' is removed. The size used for the 
    identification number marking is prescribed in Sec. 172.332, depending 
    on whether the identification number is placed on a placard, white 
    square-on-point configuration, or an orange panel.
    
    Section 173.33
    
        Paragraph (a)(3) is revised to correct a section reference.
    
    Section 173.34
    
        In paragraph (e)(18)(i), in the table for DOT 8 or 8AL cylinders 
    used to transport acetylene, under ``Porous filler requalification'', 
    the entry ``3 to 30 yrs\2\'' is corrected to read ``3 to 20 yrs\2\'' to 
    correct a printing error. The ``3 to 20 yrs'' interval is correctly 
    shown in the referenced Note 2.
    
    Section 173.58
    
        Paragraph (a) is amended to correct the title of the referenced 
    document from ``Explosive Test Manual,'' to read ``UN Manual of Tests 
    and Criteria,''. The ``Explosive Test Manual'' was the title of an 
    earlier edition of this document.
    
    Section 173.62
    
        In paragraph (c), the Table of Packing Methods is revised to 
    correct a printing error.
    
    Section 173.247
    
        On June 5, 1996, RSPA issued Docket HM-216 that added the DOT 120 
    tank car specification to Secs. 173.240, 241, 242, 243, 244, and 314 
    but failed to add the ``120'' specification to Sec. 173.247 (a). This 
    oversight is corrected.
    
    Section 173.403
    
        A printing error is corrected in the definition of ``LSA--II''.
    
    Section 173.416
    
        A minor editorial change is made in paragraph (f) for clarity.
    
    Section 173.422
    
        Paragraph (b)(1) is revised to correct section references.
    
    Section 173.425
    
        Section 173.421 defines a limited quantity of Class 7 (radioactive) 
    material as having an activity per package value not exceeding the 
    limits specified in Sec. 173.425. In Table 7 of Sec. 173.425, the 
    limited quantity values are not specifically identified, which leads to 
    confusion. To eliminate this confusion, the column heading ``Materials 
    package limits\1\'' is revised to read ``Limited quantity package 
    limits\1\''.
    
    Section 173.427
    
        Paragraph (a)(3) is revised to replace reference to obsolete 
    Sec. 173.451 with references to Secs. 173.453, 173.457, 173.459 and 
    173.467. This change does not impose any new requirement.
    
    Section 173.433
    
        In paragraph (g), in ``Table 10.--General Values For A1 
    and A2'', in the first column, the second sentence is 
    amended by adding the wording ``no'' immediately before ``relevant'' to 
    enhance its clarity.
    
    Section 173.461
    
        Paragraph (a) is revised to remove reference to obsolete, 
    Sec. 173.463 and to include a reference to the design requirements in 
    Sec. 173.412 for clarity. These changes do not impose any new 
    requirement. Also paragraph (b) is revised to remove a reference to 
    obsolete Sec. 173.463.
    
    Part 175
    
    Section 175.700
    
        In Sec. 175.700, in paragraph (b), in the first sentence, the 
    reference ``Sec. 175.15'' is corrected to read ``Sec. 171.15''.
    
    Part 176
    
    Section 176.704
    
        Paragraph (e)(1) is revised to remove a reference to obsolete 
    Sec. 176.451.
        In paragraph (f), in ``Table III--Limits for Freight Containers and 
    Conveyances'', the table heading is amended by adding the wording 
    ``TI'' immediately before ``Limits'' to enhance clarity.
    
    Part 177
    
    Section 177.835
    
        Paragraph (g), in the second sentence, is corrected by removing a 
    comma between the words ``detonating cord'' and ``Division 1.4''. This 
    change is made to clarify that the detonating cord is classed in 
    Division 1.4.
    
    Section 177.842
    
        In the first sentence of paragraph (a), the wording ``or storage 
    location'' is revised to read ``or in any single group in any storage 
    location,''. Paragraph (a) currently reads: ``The number of packages of 
    Class 7 (radioactive) materials in any transport vehicle or storage 
    location must be limited so that the total transport index number does 
    not exceed 50''. The revision to paragraph (a) is made to clarify that 
    groups of up to 50 TI are allowed in storage if each group is separated 
    by at least 6 meters (20 feet). This revision is consistent with the 
    wording in current paragraph (b)(2).
    
    Section 177.843
    
        Paragraph (c) is revised to correct a section reference.
    
    Section 177.854
    
        The introductory text preceding paragraph (a) is unnecessary and 
    therefore is removed.
    
    Part 178
    
    Section 178.338
    
        The section heading is amended by adding the wording ``motor 
    vehicle'' immediately following the word ``tank'' to enhance clarity.
    
    Part 179
    
    Part 179--Specifications for Tank Cars
    
        The Table of Sections to Part 179 is amended by revising the 
    heading for Subpart C to read as follows: ``Subpart C--Specifications 
    for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114, and 
    120)''. On June 5, 1996 (61 FR 28666, 28679), RSPA amended 
    Sec. 179.101-1 by adding the DOT 120 specification to the table. 
    However, the title to Subpart C of Part 179 was not changed to reflect 
    addition of the new DOT 120 tank car.
    
    Section 179.2
    
        Paragraph (a)(2) is updated to reflect a minor name change of an 
    organizational committee within the Association of American Railroads.
    
    Section 179.3
    
        Paragraph (a) is updated to reflect a minor name change of an 
    organizational committee within the Association of American Railroads.
    
    Section 179.4
    
        Paragraphs (a) and (b) are updated to reflect a minor name change 
    of an organizational committee within the Association of American 
    Railroads.
    
    [[Page 52846]]
    
    Section 179.5
    
        Paragraph (a) is updated to reflect a minor name change of an 
    organizational committee within the Association of American Railroads, 
    and to reflect that the construction and testing of multi-unit tank car 
    tanks are approved by RSPA.
    
    Part 180
    
    Section 180.403
    
        The introductory text, referencing the definitions contained in 
    Secs. 171.8 and 178.345-1, is revised to include a reference to the 
    definitions of cargo tank terms in Sec. 178.320(a).
    
    Section 180.417
    
        Paragraph (a)(3)(ii) is revised to clarify that a ``data report'' 
    is the cargo tank ``manufacturer's data report'' required by the ASME.
    
    Section 180.509
    
        Paragraph (c)(3)(ii) is amended to add an explanation of the terms 
    used in the preceding formula. This information was inadvertently 
    omitted.
    
    Section 180.515
    
        In paragraph (b), in the first sentence, the word ``pressure'' is 
    added immediately after the word ``Converted''. The word pressure was 
    unintentionally removed in a final rule (HM-175 A/201 60 FR 49048; 
    September 21, 1995).
    
    Regulatory Analyses and Notices
    
    A. Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        This final rule is not considered a significant regulatory action 
    under section 3(f) of Executive Order 12866 and, therefore, was not 
    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.
    
    B. Executive Order 12612
    
        This final rule has been analyzed in accordance with the principles 
    and criteria in Executive Order 12612 (``Federalism''). The Federal 
    hazardous material transportation law, (49 U.S.C. 5101-5127) contains 
    express preemption provisions at 49 U.S.C. 5125.
        RSPA is not aware of any State, local, or Indian tribe requirements 
    that would be preempted by correcting editorial errors and making minor 
    regulatory changes. This final rule does not have sufficient federalism 
    impacts to warrant the preparation of a federalism assessment.
    
    C. Executive Order 13084
    
        This rule has been analyzed in accordance with the principles and 
    criteria contained in Executive Order 13084 (``Consultation and 
    Coordination with Indian Tribal Governments''). Because this rule would 
    not significantly or uniquely affect the communities of the Indian 
    tribal governments, the funding and consultation requirements of this 
    Executive Order do not apply.
    
    D. Regulatory Flexibility Act
    
        I certify that this final rule will not have a significant economic 
    impact on a substantial number of small entities. This rule makes minor 
    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.
    
    E. Unfunded Mandates Reform Act of 1995
    
        This rule does not impose unfunded mandates under the Unfunded 
    Mandates Reform Act of 1995. It does not result in costs of $100 
    million or more to either State, local, or tribal governments, in the 
    aggregate, or to the private sector, and is the least burdensome 
    alternative that achieves the objective of the rule.
    
    F. Paperwork Reduction Act
    
        There are no new information collection requirements in this final 
    rule.
    
    G. Regulation Identifier Number (RIN)
    
        A regulation identifier number (RIN) is assigned to each regulatory 
    action listed in the Unified Agenda of Federal Regulations. The 
    Regulatory Information Service Center publishes the Unified Agenda in 
    April and October of each year. The RIN number contained in the heading 
    of this document can be used to cross-reference this action with the 
    Unified Agenda.
    
    List of Subjects
    
    49 CFR Part 107
    
        Administrative practice and procedure, Hazardous materials 
    transportation, Packaging and containers, Penalties, Reporting and 
    recordkeeping requirements.
    
    49 CFR Part 171
    
        Exports, Hazardous materials transportation, Hazardous waste, 
    Imports, Reporting and recordkeeping requirements.
    
    49 CFR Part 172
    
        Education, Hazardous materials transportation, Hazardous waste, 
    Labeling, Markings, Packaging and containers, Reporting and 
    recordkeeping requirements.
    
    49 CFR Part 173
    
        Hazardous materials transportation, Packaging and containers, 
    Radioactive materials, Reporting and recordkeeping requirements, 
    Uranium.
    
    49 CFR Part 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, Railroad safety, Reporting and 
    recordkeeping requirements.
    
        In consideration of the foregoing, 49 CFR Chapter I is amended as 
    follows:
    
    PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
    
        1. The authority citation for part 107 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 
    104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.
    
    
    Sec. 107.503  [Amended]
    
        2. In Sec. 107.503, in the first sentence of paragraph (a)(3), the 
    wording ``, except
    
    [[Page 52847]]
    
    as provided by Sec. 107.502(f) of this part'' is removed.
    
    
    Sec. 107.606  [Amended]
    
        3. In Sec. 107.606, in paragraph (a)(5), the wording ``1057'' is 
    removed and ``376'' is added in its place.
    
    PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
    
        4. 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]
    
        5. In paragraph (a)(3), in the table of material incorporated by 
    reference, in the entry ``IME Safety Library Publication No. 22 (IME 
    Standard 22), Recommendation for the Safe Transportation of Detonators 
    in a Vehicle with Certain Other Explosive Materials, May 1993'', in the 
    second column, ``173.63,'' is added immediately before ``177.835''.
    
    
    Sec. 171.8  [Amended]
    
        6. In Sec. 171.8, the following changes are made:
        a. In the definition for ``Marine pollutant'', in the first 
    sentence, the wording ``a hazardous material'' is removed and the 
    wording ``a material'' is added in its place.
        b. In the definition for ``Reportable Quantity (RQ)'', the wording 
    ``column 3'' is removed and the wording ``column 2'' is added in its 
    place.
        7. In Sec. 171.14, paragraph (c)(1) is revised to read as follows:
    
    
    Sec. 171.14  Transitional provisions for implementing requirements 
    based on the UN Recommendations.
    
    * * * * *
        (c) Non-specification fiber drums. (1) Until September 30, 1997, a 
    non-specification fiber drum with a removable head was authorized for a 
    liquid hazardous material in Packing Group III that is not poisonous by 
    inhalation provided the packaging was authorized for the material under 
    the requirements of Part 172 or Part 173 of this subchapter in effect 
    on September 30, 1991. A filled non-specification drum may be offered 
    for transportation and transported domestically prior to October 1, 
    1999, if it: (i) Was filled on or prior to September 30, 1997; and (ii) 
    Is not emptied and refilled on or after October 1, 1997.
    * * * * *
    
    PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
    MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
    TRAINING REQUIREMENTS
    
        8. The authority citation for part 172 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 172.101  [Amended]
    
        9. In Sec. 172.101, the following changes are made:
        a. In paragraph (c)(11) introductory text, at the beginning of the 
    sentence, the reference ``173.51'' is removed and the reference 
    ``173.54'' is added in its place.
        b. In paragraph (f), in the first sentence, the phrase ``ORD-D'' is 
    removed and the phrase ``ORM-D'' is added in its place.
        10. In Sec. 172.101, the Hazardous Material Table is amended by 
    removing, adding, in appropriate alphabetical sequence, and revising, 
    the following entries to read as follows:
    
    
    Sec. 172.101  Purpose and use of hazardous materials table.
    
    * * * * *
    
    [[Page 52848]]
    
    
    
                                                                                                     Sec.  172.101 Hazardous Materials Table
    (1)               (2)...............         (3)  (4)..............  (5)............  (6)...............  (7)...........  (8A)..........  (8B)..........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                      [REMOVE:]
                                                                        *                  *                  *                  *                  *                  *                  *
                      Diphenylmethane-
                       4,4' diisocyanate.
                                                                        *                  *                  *                  *                  *                  *                  *
                      [ADD:]
                                                                        *                  *                  *                  *                  *                  *                  *
                      Water-reactive,            4.3  UN3133...........  III............  4.3, 5.1..........  ..............  None..........  214...........  214...........  Forbidden.....  Forbidden.....  E.............  40
                       solid, oxidizing,
                       n.o.s.
                                                                        *                  *                  *                  *                  *                  *                  *
                      [REVISED:]
                                                                        *                  *                  *                  *                  *                  *                  *
                      Water-reactive,            4.3  UN3133...........  II.............  4.3, 5.1..........  ..............  None..........  214...........  214...........  Forbidden.....  Forbidden.....  E.............  40
                       solid, oxidizing,
                       n.o.s..
                                                                        *                  *                  *                  *                  *                  *                  *
    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    [[Page 52849]]
    
    Sec. 172.101  [Amended]
    
        11. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
    the following changes are made:
        a. The entry ``Anhydrous ammonia'' is amended by removing the word 
    ``,liquefied''.
        b. The entry ``Compressed gases, flammable, n.o.s.'' is amended by 
    removing the word ``gases'' and adding the word ``gas'' and placing the 
    entry in alphabetical order.
        c. The entry ``Compressed gases, n.o.s.'' is amended by removing 
    the word ``gases'' and adding the word ``gas'' and placing the entry in 
    alphabetical order.
        d. The entry ``Compressed gases, toxic, flammable, n.o.s. 
    Inhalation hazard Zone A'' is amended by removing the word ``gases'' 
    and adding the word ``gas'' and placing the entry in alphabetical 
    order.
        e. The entry ``Compressed gases, toxic, flammable, n.o.s. 
    Inhalation hazard Zone B'' is amended by removing the word ``gases'' 
    and adding the word ``gas'' and placing the entry in alphabetical 
    order.
        f. The entry ``Compressed gases, toxic, flammable, n.o.s. 
    Inhalation hazard Zone C'' is amended by removing the word ``gases'' 
    and adding the word ``gas'' and placing the entry in alphabetical 
    order.
        g. The entry ``Compressed gases, toxic, flammable, n.o.s. 
    Inhalation hazard Zone D'' is amended by removing the word ``gases'' 
    and adding the word ``gas'' and placing the entry in alphabetical 
    order.
        h. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard 
    Zone A'' is amended by removing the word ``gases'' and adding the word 
    ``gas'' and placing the entry in alphabetical order.
        i. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard 
    Zone B'' is amended by removing the word ``gases'' and adding the word 
    ``gas'' and placing the entry in alphabetical order.
        j. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard 
    Zone C'' is amended by removing the word ``gases'' and adding the word 
    ``gas'' and placing the entry in alphabetical order.
        k. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard 
    Zone D'' is amended by removing the word ``gases'' and adding the word 
    ``gas'' and placing the entry in alphabetical order.
        l. The entry ``Dichlorodifluoromethane or Refrigerant gas R 122'' 
    is amended by removing the number ``122'' and adding the number ``12''.
        m. For the entry ``Methyl isocyanate, 6.1, UN2480'' Column (7) is 
    amended by removing Special Provision ``A7''.
        n. The entry ``Sodium hydrogendifluoride, solid'' is amended by 
    removing ``solid'' and adding ``solid'' in its place.
        o. The entry ``Sodium hydrogendifluoride, liquid'' is amended by 
    removing ``liquid'' and adding ``liquid'' in its place.
        p. For the entry ``Uranium hexafluoride, fissile excepted or non-
    fissile, 7, UN2978'', columns 8B and 8C are amended by removing the 
    wording ``420, 425'' and adding the wording ``420, 427''.
    
    
    Sec. 172.102  [Amended]
    
        12. In Sec. 172.102, in paragraph (c)(1), in Special Provision 114 
    b., the reference ``US006'' is removed and ``US 1'' is added in its 
    place.
    
    
    Sec. 172.203  [Amended]
    
        13. In Sec. 172.203, paragraph (m)(1) is amended by removing the 
    wording `` `Poison or Toxic' '' and adding in its place the wording `` 
    `Poison' or `Toxic' ''.
    
    
    Sec. 172.400a  [Amended]
    
        14. In Sec. 172.400a, in paragraph (a)(7), the reference 
    Sec. 173.425(b)'' is revised to read ``Sec. 173.427(a)(6)(vi)''.
    
    
    Sec. 172.504  [Amended]
    
        15. In Sec. 172.504, in Table 1 as revised at 62 FR 1230 effective 
    October 1, 1998, in footnote 1, the reference Sec. 173.425(b) or (c)'' 
    is removed and ``Sec. 173.427(a)'' is added in its place.
    
    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, 44701; 49 CFR 1.45, 1.53.
    
    
    Sec. 173.6  [Amended]
    
        17. In paragraph (c)(2), the last sentence is removed.
    
    
    Sec. 173.33  [Amended]
    
        18. In Sec. 173.33, in paragraph (a)(3), the reference 
    ``Sec. 177.824'' is revised to read ``Sec. 180.407 (a)(1)''.
    
    
    Sec. 173.34  [Amended]
    
        19. In Sec. 173.34, in paragraph (e)(18)(i), in the table, under 
    the column heading ``Porous filler requalification'', under 
    ``Initial'', the entry ``3 to 30 yrs \2\'' is revised to read ``3 to 20 
    yrs \2\''.
    
    
    Sec. 173.58  [Amended]
    
        20. In Sec. 173.58, paragraph (a) introductory text is amended by 
    removing ``Explosive Test Manual'' and adding the ``UN Manual of Tests 
    and Criteria'' in its place.
    
    
    Sec. 173.62  [Amended]
    
        21. In Sec. 173.62 (c), in the Table of Packing Methods, the 
    following changes are made:
        a. For the entry 114(b), under column 3 ``Intermediate 
    packagings'', the text under ``Not necessary'' is transferred to column 
    4 ``Outer packagings'' under ``Boxes''.
        b. For the entry 133, under column 3 ``Intermediate packagings'', 
    the text under ``Receptacles'' is transferred to column 4 ``Outer 
    packagings'' under ``Boxes''.
        c. For the entry 133, under column 2 ``Inner packagings'', the text 
    under ``Receptacles'' is transferred to column 3 ``Intermediate 
    packagings'' under ``Receptacles''.
        d. For the entry 137, under column 3 ``Intermediate packagings'', 
    the text under ``Not necessary'' is transferred to column 4 ``Outer 
    Packagings'' under ``Boxes''.
    
    
    Sec. 173.247  [Amended]
    
        22. In Sec. 173.247, in paragraph (a), the wording ``115 tank car 
    tanks'' is revised to read ``115, or 120 tank car tanks''.
    
    
    Sec. 173.403  [Amended]
    
        23. In Sec. 173.403, in paragraph (2)(ii), in the definition for 
    ``Low Specific Activity (LSA) material'', remove the wording ``average 
    specific a- activity'' and add ``average specific activity'' in its 
    place.
    
    
    Sec. 173.416  [Amended]
    
        24. In Sec. 173.416, in paragraph (f), in the last sentence, the 
    wording ``inner packaging if subjected'' is revised to read ``inner 
    packaging if the overpack containing it is subjected''.
    
    
    Sec. 173.422  [Amended]
    
        25. In Sec. 173.422, in paragraph (b)(1), the wording ``Sections 
    171.15, 171.16, 174.750, 176.710, and 177.861'' is removed and the 
    wording ``Sections 171.15, 171.16, 174.750 and 176.710'' is added in 
    its place.
    
    
    Sec. 173.425  [Amended]
    
        26. In Sec. 173.425, in Table 7, in the fourth column, in the 
    heading, the wording ``Materials package limits \1\'' is removed and 
    the wording ``Limited quantity package limits \1\'' is added in its 
    place.
    
    
    Sec. 173.427  [Amended]
    
        27. In Sec. 173.427, in paragraph (a)(3), the wording Secs. 173.451 
    and 173.467'' is revised to read ``Secs. 173.453, 173.457, 173.459 and 
    173.467''.
    
    
    Sec. 173.433  [Amended]
    
        28. In Sec. 173.433, in paragraph (g), in Table 10, in the first 
    column, the
    
    [[Page 52850]]
    
    wording ``Alpha emitting nuclides are known to be present or relevant 
    data are available'' is revised to read ``Alpha emitting nuclides are 
    known to be present or no relevant data are available''.
    
    
    Sec. 173.461  [Amended]
    
        29. In Sec. 173.461, the following changes are made:
        a. In paragraph (a) introductory text, the wording ``Compliance 
    with the test requirements in Secs. 173.463 through 173.469'' is 
    revised to read ``Compliance with the design requirements in 
    Sec. 173.412 and the test requirements in Secs. 173.465 through 
    173.469''.
        b. In paragraph (b), the wording ``Secs. 173.463 through 173.469'' 
    is revised to read ``Secs. 173.465 through 173.469''.
    
    PART 175--CARRIAGE BY AIRCRAFT
    
        30. The authority citation for part 175 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 175.700  [Amended]
    
        31. In Sec. 175.700, in paragraph (b), in the first sentence, the 
    reference ``Sec. 175.15'' is revised to read ``Sec. 171.15 of this 
    subchapter''.
    
    PART 176--CARRIAGE BY VESSEL
    
        32. The authority citation for part 176 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 176.704  [Amended]
    
        33. In Sec. 176.704, the following changes are made:
        a. In paragraph (e)(1), the wording ``Sec. 173.451 through 
    Sec. 173.459'' is revised to read ``Secs. 173.457 and 173.459''.
        b. In paragraph (f), in table III, the heading ``Table III--Limits 
    for Freight Containers and Conveyances'' is revised to read ``Table 
    III--TI Limits for Freight Containers and Conveyances''.
    
    PART 177--CARRIAGE BY PUBLIC HIGHWAY
    
        34. The authority citation for part 177 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 177.835  [Amended]
    
        35. In Sec. 177.835, in paragraph (g) introductory text, in the 
    second sentence, the comma between the words ``detonating cord'' and 
    ``Division 1.4'' is removed.
    
    
    Sec. 177.842  [Amended]
    
        36. In Sec. 177.842, in paragraph (a), in the first sentence, the 
    wording ``or storage location'' is revised to read ``or in any single 
    group in any storage location''.
    
    
    Sec. 177.843  [Amended]
    
        37. In paragraph (c), the wording ``see Sec. 177.861'' is removed 
    and the wording ``see Sec. 177.854'' is added in its place.
    
    
    Sec. 177.854  [Amended]
    
        38. In Sec. 177.854, the introductory text is removed.
    
    PART 178--SPECIFICATIONS FOR PACKAGINGS
    
        39. The authority citation for part 178 continues to read as 
    follows:
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 178.338  [Amended]
    
        40. In Sec. 178.338, in the heading, the wording ``motor vehicle'' 
    is added immediately following the word ``tank''.
    
    PART 179--SPECIFICATIONS FOR TANK CARS
    
        41. The authority citation for part 179 is revised to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        42. In Sec. 179.2, paragraph (a)(2)is revised to read as follows:
    
    
    Sec. 179.2  Definitions and abbreviations.
    
        (a) * * *
        (2) Approved means approval by the AAR Tank Car Committee.
    * * * * *
        43. In Sec. 179.3, paragraph (a) is revised to read as follows:
    
    
    Sec. 179.3  Procedure for securing approval.
    
        (a) Application for approval of designs, materials and 
    construction, conversion or alteration of tank car tanks under these 
    specifications, complete with detailed prints, must be submitted in 
    prescribed form to the Executive Director--Tank Car Safety, AAR, for 
    consideration by its Tank Car Committee and other appropriate 
    committees. Approval or rejections of applications based on appropriate 
    committee action will be issued by the executive director.
    * * * * *
        44. In Sec. 179.4, the first sentence in paragraph (a) and 
    paragraph (b) are revised to read as follows:
    
    
    Sec. 179.4  Changes in specifications for tank cars.
    
        (a) Proposed changes in or additions to specifications for tanks 
    must be submitted to the Executive Director--Tank Car Safety, AAR, for 
    consideration by its Tank Car Committee. * * *
        (b) The Tank Car Committee will review the proposed specifications 
    at its earliest convenience and report its recommendations through the 
    Executive Director--Tank Car Safety to the Department. The 
    recommendation will be considered by the Department in determining 
    appropriate action.
        45. In Sec. 179.5, paragraphs (a) and (b) are revised to read as 
    follows:
    
    
    Sec. 179.5  Certificate of construction.
    
        (a) Before a tank car is placed in service, the party assembling 
    the completed car shall furnish a Certificate of Construction, Form AAR 
    4-2 to the owner, the Department, and the Executive Director--Tank Car 
    Safety, AAR, certifying that the tank, equipment, and car fully 
    conforms to all requirements of the specification.
        (b) When cars or tanks are covered in one application and are 
    identical in all details are built in series, one certificate will 
    suffice for each series when submitted to the Executive Director--Tank 
    Car Safety, AAR. One copy of the Certificate of Construction must be 
    furnished to the Department for each car number of consecutively 
    numbered group or groups covered by the original application.
    * * * * *
        46. The heading for Subpart C is revised to read as follows:
    
    Subpart C--Specifications for Pressure Tank Car Tanks (Classes DOT-
    105, 109, 112, 114, and 120)
    
    PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
    
        47. The authority citation for part 180 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 180.403  [Amended]
    
        48. In Sec. 180.403, in the introductory text, the reference 
    ``Secs. 171.8 and 178.345-1'' is revised to read ``Secs. 171.8, 
    178.320(a) and 178.345-1''.
        49. In Sec. 180.417, the first sentence in paragraph (a)(3)(ii) is 
    revised to read as follows:
    
    
    Sec. 180.417  Reporting and record retention requirement.
    
        (a) * * *
        (3) * * *
        (ii) ASME Code Stamped cargo tanks. If the owner does not have the 
    manufacturer's certificate required by the specification and the 
    manufacturer's data report required by the ASME, the owner may contact 
    the National Board for a copy of the manufacturer's data report, if the 
    cargo tank was registered
    
    [[Page 52851]]
    
    with the National Board, or copy the information contained on the cargo 
    tank's identification and ASME Code plates. * * *
    * * * * *
        50. In Sec. 180.509, in paragraph (c)(3)(ii) text is added 
    immediately following the formula, to read as follows:
    
    
    Sec. 180.509  Requirements for inspection and test of specification 
    tank cars.
    
    * * * * *
        (c) * * *
        (3) * * *
        (ii) * * *
    
    Where:
    
    i is the inspection and test interval.
    t1 is the actual thickness.
    t2 is the allowable minimum thickness under paragraph (g) of 
    this section.
    r is the corrosion rate per year.
    * * * * *
    
    
    Sec. 180.515  [Amended]
    
        51. In Sec. 180.515, in paragraph (b), in the first sentence, the 
    word ``Converted'' is removed and the wording ``Pressure converted'' is 
    added in its place.
    
        Issued in Washington, DC, on September 18, 1998, under authority 
    delegated in 49 CFR part 1.
    Kelley S. Coyner,
    Administrator.
    [FR Doc. 98-25616 Filed 9-30-98; 8:45 am]
    BILLING CODE 4910-60-P
    
    
    

Document Information

Effective Date:
10/1/1998
Published:
10/01/1998
Department:
Research and Special Programs Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-25616
Dates:
October 1, 1998.
Pages:
52844-52851 (8 pages)
Docket Numbers:
Docket No. RSPA-98-4404 (HM-189O)
RINs:
2137-AD27: Hazardous Materials: Editorial Corrections and Clarifications
RIN Links:
https://www.federalregister.gov/regulations/2137-AD27/hazardous-materials-editorial-corrections-and-clarifications
PDF File:
98-25616.pdf
CFR: (45)
49 CFR 173.459''
49 CFR 173.425(b)''
49 CFR 107.503
49 CFR 107.606
49 CFR 171.7
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