99-24898. Hazardous Materials Regulations: Editorial Corrections and Clarifications  

  • [Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
    [Rules and Regulations]
    [Pages 51912-51920]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-24898]
    
    
    
    [[Page 51912]]
    
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    DEPARTMENT OF TRANSPORTATION
    
    Research and Special Programs Administration
    
    49 CFR Parts 107, 171, 172, 173, 174, 175, 178, and 179
    
    [Docket No. RSPA-99-6212 (HM-189P)]
    RIN 2137-AD38
    
    
    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. The amendments 
    contained in this rule are minor editorial changes and do not impose 
    new requirements.
    
    EFFECTIVE DATE: October 1, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Michael G. Stevens, 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 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 all 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 107.14
    
        Paragraph (a)(1) is revised to update operating hours of RSPA's 
    hazardous materials telephone information line and to provide the 
    correct internet address for the Hazardous Materials Safety website.
    
    Section 107.117
    
        In paragraph (d)(4), the telephone number for emergency exemption 
    processing under the Federal Railroad Administration is updated.
    
    Part 171
    
    Section 171.6
    
        In paragraph (b)(2), the table of OMB control numbers is revised to 
    reflect current control numbers, report titles, and affected sections 
    for collections of information.
    
    Section 171.7
    
        The International Organization for Standardization (ISO) entry 
    ``ISO 780-1985(E), Packaging Pictoral Marking and Handling of Goods'', 
    is removed for simplification of the regulations. Package orientation 
    arrows, as illustrated in Sec. 172.312, need only to conform 
    pictorially to the ISO standard. Because the illustration shown in 
    Sec. 172.312 and the ISO standard are identical, reference to the 
    standard is unnecessary.
    
    Section 171.8
    
        In the definition for ``hazardous substance'', a reference in 
    paragraph (3)(i) to the requirements for determining whether a mixture 
    of radionuclides exceeds the reportable quantity (RQ) is corrected to 
    read ``paragraph 7 of Appendix A to Sec. 172.101''.
    
    Section 171.14
    
        Paragraph (c), as amended in a final rule published October 1, 1998 
    (Docket HM-189O; 63 FR 52844), is revised to correct the inadvertent 
    removal of the authorization to offer and transport liquid hazardous 
    materials in non-specification fiber drums after October 1,1999. This 
    authorization remains valid until funds are authorized by Congress to 
    be appropriated to carry out chapter 51 of title 49, United States Code 
    (related to transportation of hazardous materials). Paragraph (c)(2) 
    containing an expired compliance date is removed.
    
    Part 172
    
    Section 172.101
    
        Minor changes are made to three proper shipping names. The entry 
    ``2-Bromopropanes'', UN2344, PG II, is revised to read 
    ``Bromopropanes'' for consistency with the PG III entry and the UN 
    Recommendations. In the entry ``Dichlorofluoromethane or Refrigerant 
    gas R212'', UN1029, ``R212'' is revised to read ``R21'' to correct a 
    printing error. The entry ``2-ethylbutyl acetate'', UN1177, is revised 
    to read ``ethylbutyl acetate'' for consistency with the UN 
    Recommendations. Stocks of preprinted shipping papers and package 
    markings showing these old proper shipping names may be continued in 
    use for a period up to one-year from the effective date of this final 
    rule, as currently provided by Sec. 172.101(l).
        For the entry ``Nitrogen dioxide, see Dinitrogen tetroxide'', 
    UN1067, the wording ``Nitrogen dioxide'' is corrected from italicized 
    to Roman type. The use of either name is acceptable as a proper 
    shipping name.
        For the entry ``Nitrous oxide, refrigerated liquid, UN2201'', in 
    column (6), the label code ``2.2'' is revised to read ``2.2, 5.1''. 
    This revision aligns the entry with the UN Recommendations. Currently, 
    Sec. 172.402(f) requires any Division 2.2 material that also meets the 
    definition for an oxidizing gas to be labeled OXIDIZER.
        For the entry ``Organic peroxide type C, liquid'', UN3103, in 
    column (6), the ``5.1'' label code is revised to read ``5.2'' to 
    correct a typographical error. The division number for the material, in 
    column 3, is correctly shown as ``5.2''.
        For the entries, ``Paint or Paint related material'', UN3066, 
    Packing groups II and III, in column (8B), the reference ``202'' and 
    ``203'' respectively are removed and the reference ``173'' is added in 
    their place. The packagings prescribed in Sec. 173.173 are the same as 
    those prescribed in Secs. 173.202 and 173.203.
        For the entry ``Sulfur, 4.1, UN1350'', Special provision N20 is 
    removed. Special provision N20 authorizes the use of a 5M1 non-bulk 
    multi-wall paper bag; whereas, sulfur is not regulated when packaged in 
    non-bulk packagings. In addition, for the entries ``Sulfur, 4.1, 
    UN1350'' and ``Sulfur, 9, NA1350'', Special provision A1 is removed. 
    Special provision A1 prohibits non-bulk single packagings on passenger 
    aircraft.
        For the entry ``Uranyl nitrate hexahydrate solution'', UN2980, the 
    packaging exception reference in column 8A, ``421, 425'', is corrected 
    to read ``421, 427''. The packaging exceptions for low specific 
    activity
    
    [[Page 51913]]
    
    (LSA) radioactive materials were moved from Sec. 173.425 to 
    Sec. 173.427 in a final rule published September 28,1995 (60 FR 50307).
    
    Appendix A to Section 172.101
    
        The second footnote following Table 2, identified as 
    ``EEE'', is corrected to read ``''.
        The third and fourth footnotes following Table 2, identified as 
    ``**'' and ``***'' respectively, are revised to correctly reference 
    paragraph 7 of this appendix, which describes a method for determining 
    the reportable quantities for radionuclide mixtures or solutions.
    
    Section 172.102
    
        In paragraph (c)(3), the second sentence of Special Provision B7 is 
    revised to clarify that the requirement applies to multi-unit tank car 
    tanks only.
        In paragraph (c)(5), the following changes are made: Special 
    Provision N20 is removed. Special Provision N71, which is applicable 
    only to the entries ``Paint'' and ``Paint related material'', is 
    redundant with the packaging requirements prescribed in Sec. 173.173 
    and, therefore, is removed.
        In paragraph (c)(7), Special Provision T38, the last sentence 
    containing an expired compliance date is removed.
    
    Section 172.312
    
        In paragraph (a)(2), the reference to ISO Standard 780-1985 is 
    removed. Referencing this ISO standard is unnecessary because the 
    package orientation arrows shown in the standard are depicted 
    Illustratively in this section.
    
    Section 172.400
    
        In paragraph (b), in column 1 of the table, the entry ``7 (empty 
    packages, see Sec. 173.427) is corrected to read ``7 (empty packages, 
    see Sec. 173.428)''. The requirements for empty radioactive packages 
    were moved to Sec. 173.428 in a final rule published September 28, 1995 
    (60 FR 50307).
    
    Part 173
    
    Section 173.52
    
        In paragraph (b), in the first column of Table 1, the fifth and 
    sixth entries for compatibility groups E and F, in the parenthetical 
    expression, the wording ``flammable liquid gel'' is corrected to read 
    ``flammable liquid or gel'.
    
    Section 173.57
    
        In paragraph (a), the introductory text is revised to update the 
    description of the UN Recommendations on the Transport of Dangerous 
    Goods, Manual of Tests and Criteria, and to correct a punctuation 
    error.
    
    Section 173.62
    
        In paragraph (a), the reference to paragraph ``(e)'' is corrected 
    to read paragraph ``(d)''. In addition, in the Table of Packing Methods 
    in paragraph (c), the entries ``133'' and ``137'' are revised to 
    correct a format printing error.
    
    Section 173.121
    
        In the table in paragraph (a), the last two entries in column 3 are 
    corrected by adding the appropriate temperature in Celsius.
    
    Section 173.150
    
        In paragraph (c), a grammatical error is corrected to clarify 
    shipping paper exceptions do not apply to ORM-D materials offered for 
    transportation and transported by aircraft.
    
    Section 173.197
    
        Paragraph (b) containing an expired compliance date is removed. The 
    paragraph designation ``(a)'' is removed from the introductory text and 
    paragraphs (1) through (7) are redesignated as paragraphs (a) through 
    (g) respectively.
    
    Section 173.314
    
        In the third sentence in paragraph (e), the word 
    ``monomethylamine'' is corrected to read ``methylamine anhydrous''.
    
    Section 173.315
    
        In the paragraph (a) table, the entry for ``Liquefied petroleum 
    gas'' is revised to reference new note 26 in column 4. This note is 
    added to alert readers that LPG is authorized for transportation in 
    non-specification cargo tanks subject to the conditions prescribed in 
    the current paragraph (k) of this section.
    
    Section 173.318
    
        In paragraph (a)(3)(i), the reference ``Sec. 176.76(h)(1)'' is 
    corrected to reference the cryogenic liquids requirements in 
    Sec. 176.76(g).
    
    Section 173.410
    
        In paragraph (h), the semicolon at the end of the sentence is 
    replaced with a period.
    
    Section 173.428
    
        The introductory paragraph is editorially revised to correct a 
    misconception that empty radioactive materials packagings are excepted 
    from labeling. As prescribed in paragraph (d) of this section, the 
    ``Empty'' label is required to be affixed to the packaging.
    
    Section 173.469
    
        In the formula in paragraph (a)(4)(i), the expression ``1.3 
     10-4'' is corrected to read ``1.3  x  
    10-4''.
    
    Part 174
    
    Section 174.85
    
        In the explanatory notes following the table in paragraph (d), in 
    the line entry which begins with ``Group 3'', the wording ``PG I'' 
    after the wording ``2.3'' is removed. Compressed gases are not assigned 
    to packing groups.
    
    Part 175
    
    Section 175.700
    
        Paragraph (a)(1) is removed and the remaining paragraphs are 
    renumbered. Packages requiring a Radioactive Yellow-II label do not 
    have a transport index exceeding 1.0; therefore, this paragraph is 
    unnecessary.
    
    Part 178
    
    Section 178.61
    
        In paragraph (f)(2), the reference to ``paragraph (m)'' is 
    corrected to read ``paragraph (j)''.
    
    Section 178.245-4
    
        Paragraph (e) is revised to correctly reference the definition of a 
    ``container'' in the Coast Guard regulations at Sec. 450.3(a)(2), not 
    Sec. 450.3(a)(3).
    
    Section 178.803
    
        The table is revised to correct the footnote applicable to the 
    hydrostatic testing of metal intermediate bulk containers (IBC) 
    intended to contain liquids or solids loaded or discharged under 
    pressure.
    
    Part 179
    
    Section 179.15
    
        Paragraph (f)(1) is amended to remove an obsolete compliance date 
    and to correct the wording ``tank pressure'' to read ``tank test 
    pressure''.
    
    Section 179.300-15
    
        Paragraph (a) is revised to remove a reference to Sec. 179.302. 
    This section appears in the HMR as ``reserved''.
    
    Section 179.400-8
    
        In paragraph (d), a reference to ``Sec. 179.100-23(a)(1)'' is 
    revised to read ``Sec. 179.16(c)''. Section 179.100-23 was removed from 
    the HMR in a final rule published June 5, 1996 (Docket HM-216; 61 FR 
    28666).
    
    [[Page 51914]]
    
    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''). 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. Impact on Business Processes and Computer Systems (Year 2000)
    
        Many computers that use two digits to keep track of dates may, on 
    January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. The 
    Year 2000 problem could cause computers to stop running or to start 
    generating erroneous data. The Year 2000 problem poses a threat to the 
    global economy in which Americans live and work. With the help of the 
    President's Council on Year 2000 conversion, Federal agencies are 
    reaching out to increase awareness of the problem and to offer support. 
    We do not want to impose new requirements that would mandate business 
    process changes when the resources necessary to implement those 
    requirements would otherwise be applied to the Year 2000 problem.
        This final rule does not impose business process changes or require 
    modification to computer systems. Because the final rule does not 
    affect organizations' ability to respond to the Year 2000 problem, we 
    do not intend to delay the effectiveness of the requirements in the 
    final rule.
    
    G. Paperwork Reduction Act
    
        There are no new information collection requirements in this final 
    rule.
    
    H. 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, Incorporation by reference, Reporting and recordkeeping 
    requirements.
    
    49 CFR Part 172
    
        Education, Hazardous materials transportation, Hazardous waste, 
    Labeling, Markings, Packaging and containers, Reporting and 
    recordkeeping requirements.
    
    49 CFR Part 173
    
        Hazardous materials transportation, Packaging and containers, 
    Radioactive materials, Reporting and recordkeeping requirements, 
    Uranium.
    
    49 CFR Part 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 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.
        In consideration of the foregoing, 49 CFR Chapter I is amended as 
    follows:
    
    PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
    
        1. The authority 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. 107.14  [Amended]
    
        2. In Sec. 107.14, the following changes are made:
        a. In paragraph (a)(1), second sentence, the time ``4:00 p.m.'' is 
    removed and ``5:00 p.m.'' is added in its place.
        b. In paragraph (a)(1), last sentence, the internet website 
    ``http://ohm.volpe.dot.gov/ohm'' is removed and ``http://
    hazmat.dot.gov'' is added in its place.
    
    
    Sec. 107.117  [Amended]
    
        3. In Sec. 107.117, in paragraph (d)(4), the wording ``202-366-0509 
    or 366-0523'' is removed and the wording ``202-493-6247 or 202-493-
    6244'' 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.
    
    
    [[Page 51915]]
    
    
        5. In Sec. 171.6, paragraph (b)(2) is revised to read as follows:
    
    
    Sec. 171.6  Control numbers under the Paperwork Reduction Act.
    
    * * * * *
        (b) * * *
        (2) Table.
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                              Title 49 CFR part or
      Current OMB  control No.                             Title                            section where identified
                                                                                                  and described
    ----------------------------------------------------------------------------------------------------------------
    2137-0014..................  Cargo Tank Specification Requirements....................  Secs.  107.503, 107.504,
                                                                                             178.320, 178.337,
                                                                                             178.338, 178.345,
                                                                                             178.346, 178.347,
                                                                                             178.348, 180.409,
                                                                                             180.417.
    2137-0018..................  Inspection and Testing of Portable Tank and IBC's........  Secs.  173.24, 173.32,
                                                                                             173.32 (b) (e),
                                                                                             173.32a, 173.32b,
                                                                                             173.32c, 178.3,
                                                                                             178.245, 178.245-1 (a),
                                                                                             178.245-6, 178.255,
                                                                                             178.255-1, 178.270,
                                                                                             178.271, 178.272,
                                                                                             178.702, 178.703,
                                                                                             178.801, 178.810,
                                                                                             178.813, 180.352.
    2137-0022..................  Testing, Inspection, and Marking Requirements for          Secs.  173.34 (c),
                                  Cylinders.                                                 173.34 (e) (10),
                                                                                             173.302 (c) (3), (c)
                                                                                             (5), 173.302 (e),
                                                                                             173.303 (d), 173.309,
                                                                                             178.2, 178.3, 178.35(f)
                                                                                             (g) (h), 178.36 (e),
                                                                                             178.37 (e), 178.38 (e),
                                                                                             178.44 (s), 178.45 (n),
                                                                                             178.46 (m), 178.47 (p),
                                                                                             178.57(q), 178.59 (n),
                                                                                             178.60 (r), 178.61 (p),
                                                                                             178.68(n), 178.337,
                                                                                             178.338, 178.345.
    2137-0034..................  Hazardous Materials Shipping Papers and Emergency          Part 172, Secs.  173.6,
                                  Response Information.                                      173.7 (a) (1), 173.8,
                                                                                             173.22 (a) (1), 173.56
                                                                                             (b) (1), (d) (1), (e)
                                                                                             (2), 173.150 (f) (3)
                                                                                             (i), 174.24, 174.26
                                                                                             (b), 174.114, 175.30,
                                                                                             175.35, 175.703, 176.9,
                                                                                             176.24, 176.27, 176.30,
                                                                                             176.31, 176.36, 176.89,
                                                                                             176.90, 176.95,
                                                                                             177.817.
    2137-0039..................  Hazardous Materials Incident Report......................  Secs.  171.15, 171.16.
    2137-0051..................  Rulemaking and Exemptions Petitions......................  Part 106, Subpart B,
                                                                                             Part 107, Subpart B,
                                                                                             Secs.  106.31, 106.33,
                                                                                             107.3, 107.5, 107.7,
                                                                                             107.103, 107.105,
                                                                                             107.107, 107.109,
                                                                                             107.113, 107.117,
                                                                                             107.121, 107.123,
                                                                                             107.125, 107.201,
                                                                                             107.202, 107.203,
                                                                                             107.205, 107.209,
                                                                                             107.211, 107.215,
                                                                                             107.217, 107.219,
                                                                                             107.221, 107.223.
    2137-0510..................  RAM Transportation Requirements..........................  Part 173, Subpart I,
                                                                                             Secs.  173.22 (c),
                                                                                             173.411, 173.415 (a),
                                                                                             173.416 (b), 173.417
                                                                                             (a) (5), (b) (3), (4),
                                                                                             173.457 (b), 173.471
                                                                                             (a), (d), 173.472,
                                                                                             173.473 (a), (d),
                                                                                             173.476 (a), (b), (c).
    2137-0542..................  Cryogenic Liquids Requirements...........................  Secs.  173.318, 177.816,
                                                                                             177.840, 180.405.
    2137-0557..................  Approvals for Hazardous Materials........................  Secs.  107.401, 107.402,
                                                                                             107.403, 107.404,
                                                                                             107.405, 172.101 (l)
                                                                                             (2), 172.102 (c) (1)
                                                                                             (60), (c) (3) (B69),
                                                                                             173.2a (c) (4), 173.4
                                                                                             (c), 173.7 (a) (1),
                                                                                             173.21(f)(3)(h)(2)(i),
                                                                                             173.24 (e) (3) (iii),
                                                                                             173.51 (a),(b), 173.56
                                                                                             (a) (2), (b) (1), (2),
                                                                                             (4), (c), (f), (g),
                                                                                             (i), (j) (3), 173.124
                                                                                             (a) (1) (iii) (b), (a)
                                                                                             (2) (iii) (d), 173.128
                                                                                             (d), 173.159 (f),
                                                                                             173.166, 173.171 (a),
                                                                                             (c), 173.185 (d) (9),
                                                                                             (ii), (iii), i,
                                                                                             173.214, 173.224 (d),
                                                                                             173.225 (b) (4), (c),
                                                                                             173.245 (a) (b),
                                                                                             173.300a, 173.300b,
                                                                                             173.305 (c) (1),
                                                                                             173.315 (i) (12),
                                                                                             173.334 (d), 173.340
                                                                                             (a), (b), (c) (4),
                                                                                             176.340 (c), 178.270-3
                                                                                             (f), 178.270-13 (d),
                                                                                             178.601 (e) (g) (7),
                                                                                             (h), (k), 178.603 (b),
                                                                                             178.604 (b) (2),
                                                                                             178.605 (b), 178.606
                                                                                             (b), (c), 178.608 (b)
                                                                                             (5), 178.801 (e) (2),
                                                                                             (h), (i), 178.813 (c).
    2137-0559..................  Rail Carriers and Tank Car Tank Requirements.............  Secs.  172.102 (c) (3)
                                                                                             (B45), (B46), (B55),
                                                                                             (B61), (B69), (B77),
                                                                                             (B78), (B81), 173.10
                                                                                             (b) (1), 173.31 (a)
                                                                                             (2), (b) (6) (ii),
                                                                                             173.247 (a), 174.9,
                                                                                             174.20 (b), 174.50,
                                                                                             174.61, 174.63 (d),
                                                                                             174.81 Table note b,
                                                                                             174.104 (c), (e), (f),
                                                                                             174.114, 174.204 (a)
                                                                                             (1), 179.3, 179.5,
                                                                                             179.7(b)(2), (5)(d),
                                                                                             179.22, 180.505,
                                                                                             180.509, 180.515,
                                                                                             180.517 (a), (b),
                                                                                             180.519 (d).
    2137-0572..................  Testing Requirements for Non-Bulk Packaging..............  Secs.  178.2 (c),
                                                                                             178.601 (1).
    2137-0582..................  Container Certification Statement........................  Secs.  176.27 (c),
                                                                                             176.172 (c).
    2137-0586..................  Hazardous Materials Public Sector Training and Planning    Part 110.
                                  Grants.
    2137-0595..................  Cargo Tank Motor Vehicles in Liquefied Compressed Gas      Secs.  173.315 (h) (2),
                                  Service.                                                   178.337, 178.337-8,
                                                                                             178.337-9, 180.405,
                                                                                             180.416 (b) (d) (f) (h)
                                                                                             (1).
    ----------------------------------------------------------------------------------------------------------------
    
    Sec. 171.7  [Amended]
    
        6. In Sec. 171.7, in paragraph (a)(3) table, under ``International 
    Organization for Standardization'', the entry ``ISO 780-1985(E), 
    Packaging-Pictoral Marking and Handling of Goods....172.312'' is 
    removed.
    
    
    Sec. 171.8  [Amended]
    
        7. In Sec. 171.8, in paragraph (3)(i) of the definition for 
    ``Hazardous substance'', the wording ``paragraph 6'' is removed and 
    ``paragraph 7'' is added in its place.
    
    
    Sec. 171.12a  [Amended]
    
        8. In Sec. 171.12a, in the first sentence in paragraph (b) 
    introductory text, the word ``Transportion'' is removed and the word 
    ``Transportation'' is added in its place.
        9. In Sec. 171.14, paragraph (c) is revised to read as follows:
    
    
    Sec. 171.14  Transitional provisions for implementing certain 
    requirements.
    
    * * * * *
        (c) Non-specification fiber drums. A non-specification fiber drum 
    with a removable head is authorized for a liquid hazardous material in 
    Packing Group III that is not poisonous by inhalation for which the 
    packaging was authorized under the requirements of part 172 or part 173 
    of this subchapter in effect on September 30, 1991. This authorization 
    expires on the date on which funds are authorized to be appropriated to 
    carry out chapter 51 of title 49, United States Code (related to 
    transportation of hazardous materials), for fiscal years beginning 
    after September 30, 1997. Information concerning this funding 
    authorization date may be obtained by contacting the Office of the 
    Associate Administrator for Hazardous Materials Safety.
    * * * * *
    
    [[Page 51916]]
    
    PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
    MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
    TRAINING REQUIREMENTS
    
        10. The authority citation for part 172 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        11. In Sec. 172.101, the Hazardous Materials 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 51917]]
    
    
    
                                                                                 Sec.  172.101 Hazardous Materials Table
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            (8) Packaging (Sec.  173.* * *)             (9)  Quantity         (10)  Vessel stowage
                      Hazardous                                                                       -------------------------------------------        limitations       -------------------------
                      materials       Hazard     Identification                             Special                                              --------------------------
       Symbols    descriptions and   class or       Numbers          PG      Label Codes   provisions                                              Passenger
                   proper shipping   Division                                                           Exceptions     Non-bulk         Bulk       aircraft/   Cargo  air-    Location      Other
                        names                                                                                                                         rail      craft only
    (1)           (2).............      (3)     (4)............  (5)......  (6).........  (7)........  (8A).......  (8B).........  (8C).........  (9A).......  (9B).......  (10A)......  (10B)
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                  [REMOVE:].......
     
                                           *                  *                  *                  *                  *                  *                  *
                  2-Bromopropanes.
     
                                           *                  *                  *                  *                  *                  *                  *
                  Dichlorofluorome
                   thane or
                   Refrigerant gas
                   R212.
     
                                           *                  *                  *                  *                  *                  *                  *
                  2-Ethylbutyl
                   acetate.
     
                                           *                  *                  *                  *                  *                  *                  *
                  Nitrogen
                   dioxide, see
                   Dinitrogen
                   tetroxide.
     
                                           *                  *                  *                  *                  *                  *                  *
                  [ADD:]..........
     
                                           *                  *                  *                  *                  *                  *                  *
                  Bromopropanes...        3     UN2344.........  II.......  3...........  T7.........  150........  202..........  242..........  5 L........  60 L.......  B..........  40
     
                                           *                  *                  *                  *                  *                  *                  *
                  Dichlorofluorome        2.2   UN1029.........    .......  2.2.........    .........  306........  304..........  314, 315.....  75 kg......  150 kg.....  A..........  ...........
                   thane or
                   refrigerant gas
                   R21.
     
                                           *                  *                  *                  *                  *                  *                  *
                  Ethylbutyl              3     UN1177.........  III......  3...........  B1, T1.....  150........  203..........  242..........  60 L.......  220 L......  A..........  ...........
                   acetate.
     
                                           *                  *                  *                  *                  *                  *                  *
                  Nitrogen
                   dioxide, see
                   Dinitrogen
                   tetroxide.
     
                                           *                  *                  *                  *                  *                  *                  *
                  [REVISED:]......
     
                                           *                  *                  *                  *                  *                  *                  *
                  Nitrous oxide,          2.2   UN2201.........  .........  ............  2.2, 5.1.    None.......  304..........  314, 315.....  75 kg......  150 kg.....  B..........  40
                   refrigerated                                                            B6.
                   liquid.
     
                                           *                  *                  *                  *                  *                  *                  *
                  Organic peroxide        5.2   UN3103.........  II.......  5.2.........  ...........  152........  225..........  None.........  5 L........  10 L.......  D..........  12, 40
                   type C, liquid.
     
                                           *                  *                  *                  *                  *                  *                  *
                  Paint or Paint          8     UN3066.........  II.......  8...........  B2, T14....  154........  173..........  242..........  1 L........  30 L.......  A..........  ...........
                   related
                   material.
                  ................  ..........  ...............  III......  8...........  B52, T7....  154........  173..........  241..........  5 L........  60 L.......  A..........  ...........
     
                                           *                  *                  *                  *                  *                  *                  *
    D...........  Sulfur..........        9     NA1350.........  III......  9...........  30.........  None.......  None.........  240..........  No limit...  No limit...  A..........  19, 74
    I...........  Sulfur..........        4.1   UN1350.........  III......  9...........  30, T1.....  None.......  None.........  240..........  No limit...  No limit...  A..........  19, 74
     
                                           *                  *                  *                  *                  *                  *                  *
                  Uranyl nitrate          7     UN2980.........    .......  7, 8........    .........  421, 427...  415, 416, 417  415, 416, 417  ...........  ...........  D..........
                   hexahydrate
                   solution.
     
                                           *                  *                  *                  *                  *                  *                  *
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    [[Page 51918]]
    
    Sec. 172.101, Appendix A  [Amended]
    
        12. In Appendix A to Sec. 172.101 the following changes are made:
        a. In the second footnote of Table 2, the symbol ``EEE'' is 
    removed and ``'' is added in its place.
        b. In the third footnote of Table 2, the wording ``paragraph 6'' is 
    removed and ``paragraph 7'' is added in its place.
        c. In the fourth footnote of Table 2, in the second sentence, the 
    wording ``paragraph 6'' is removed and ``paragraph 7'' is added in its 
    place.
    
    
    Sec. 172.102  [Amended]
    
        13. In Sec. 172.102, the following changes are made:
        a. In paragraph (c)(3), in Special Provision B7, in the second 
    sentence, insert the wording ``on multi-unit tank car tanks'' between 
    the words ``devices'' and ``shall''.
        b. In paragraph (c)(5), Special Provision N20 is removed.
        c. In paragraph (c)(5), Special Provision N71 is removed.
        d. In paragraph (c)(7)(ii), in Special Provision T38, the last 
    sentence is removed.
    
    
    Sec. 172.312  [Amended]
    
        14. In Sec. 172.312, in paragraph (a)(2), the wording ``ISO 
    Standard 780-1985,'' is removed and the wording ``the illustration 
    shown in this paragraph,'' is added in its place.
    
    
    Sec. 172.400  [Amended]
    
        15. In Sec. 172.400, in paragraph (b), in column 1 of the table, 
    the entry ``7 (empty packages, see Sec. 173.427)'' is removed and the 
    entry ``7 (empty packages, see Sec. 173.428 of this subchapter)'' 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.
    
        17. In Sec. 173.52, in paragraph (b), in Table 1, the fifth and 
    sixth entries are removed and new entries are added in their place to 
    read as follows:
    
    
    Sec. 173.52  Classification codes and compatibility groups of 
    explosives.
    
    * * * * *
        (b) * * *
    
                                             Table 1.--Classification Codes
    ----------------------------------------------------------------------------------------------------------------
                                                                                       Compatibility  Classification
                  Description of substances or article to be classified                    group           code
    ----------------------------------------------------------------------------------------------------------------
     
    *                  *                  *                  *                  *                  *
                                                            *
    Article containing a secondary detonating explosive substance, without means of               E           1.1E
     initiation, with a propelling charge (other than one containing flammable liquid                      1.2E
     or gel or hypergolic liquid)....................................................                      1.4E
    Article containing a secondary detonating explosive substance with its means of               F           1.1F
     initiation, with a propelling charge (other than one containing flammable liquid                      1.2F
     or gel or hypergolic liquid) or without a propelling charge.....................                      1.3F
                                                                                                           1.4F
     
    *                  *                  *                  *                  *                  *
                                                            *
    ----------------------------------------------------------------------------------------------------------------
    
    * * * * *
    
    
    Sec. 173.57  [Amended]
    
        18. In Sec. 173.57, in paragraph (a) introductory text, the 
    parenthetical wording ``(UN Recommendations on the Transport of 
    Dangerous Goods, Tests and Criteria, Part I, Second Edition (see 
    Sec. 171.7 of this subchapter)'' is removed and the parenthetical 
    wording ``(UN Recommendations on the Transport of Dangerous Goods, 
    Manual of Tests and Criteria (see Sec. 171.7 of this subchapter))'' is 
    added in its place.
    
    
    Sec. 173.62  [Amended]
    
        19. In Sec. 173.62, the following changes are made:
        a. In paragraph (a), at the beginning of the first sentence, the 
    reference ``paragraph (e)'' is revised to read ``paragraph (d)''.
        b. In paragraph (c), in the Table of Packing Methods, in the entry 
    ``133'', in column 1 ``Packing instruction'', the text under the 
    wording ``2. Intermediate packagings are only required when trays are 
    used as inner packagings'' is moved to column 2 ``Inner packagings'', 
    under the word ``Receptacles''.
        c. In paragraph (c), in the Table of Packing Methods, in the entry 
    137, under column 1 ``Packing instruction'', the text under the wording 
    ``When the shaped charges are packed in pairs, the conical cavities 
    must face inwards to minimize the jetting effect in the event of 
    accidental initiation'' is moved to column 2 ``Inner packagings'', 
    under the word ``Bags''.
        20. In Sec. 173.121, the table in paragraph (a) is revised to read 
    as follows:
    
    
    Sec. 173.121  Class 3--Assignment of packing group.
    
        (a) * * *
    
    ----------------------------------------------------------------------------------------------------------------
                 Packing group                     Flash point (closed-cup)              Initial boiling point
    ----------------------------------------------------------------------------------------------------------------
    I.....................................  .....................................  35 deg.C (95 deg.F)
    II....................................  <23 deg.c="" (73="" deg.f).................="">35 deg.C (95 deg.F)
    III...................................  23 deg.C, 60.5   >35 deg.C (95 deg.F)
                                             deg.C (73 deg.F, 141 deg.F).
    ----------------------------------------------------------------------------------------------------------------
    
    * * * * *
        21. In Sec. 173.150, the last sentence in paragraph (c) is revised 
    to read as follows:
    
    
    Sec. 173.150  Exceptions for Class 3 (flammable) and combustible 
    liquids.
    
    * * * * *
    
    [[Page 51919]]
    
        (c) Consumer commodities. * * * In addition to the exceptions 
    provided by paragraph (b) of this section, shipments of ORM-D materials 
    are not subject to the shipping paper requirements of subpart C of part 
    172 of this subchapter, unless the material meets the definition of a 
    hazardous substance, hazardous waste, marine pollutant, or are offered 
    for transportation and transported by aircraft, and are eligible for 
    the exceptions provided in Sec. 173.156.
    * * * * *
    
    
    Sec. 173.197  [Amended]
    
        22. In Sec. 173.197, paragraph (b) is removed and paragraph (a) 
    introductory text and paragraphs (a)(1) through (a)(7) are redesignated 
    as introductory text and paragraphs (a) through (g), respectively.
    
    
    Sec. 173.314  [Amended]
    
        23. In Sec. 173.314, in paragraph (e), the word ``monomethylamine'' 
    is removed and ``methylamine anhydrous'' is added in its place.
        24. In Sec. 173.315(a) table, the entry for ``Liquefied petroleum 
    gas'' is revised and a new note 26 is added at the end of the table to 
    read as follows:
    
    
    Sec. 173.315  Compressed gases in cargo tanks and portable tanks.
    
        (a) * * *
    
    ----------------------------------------------------------------------------------------------------------------
                                         Maximum permitted filling density       Specification container required
                                     -------------------------------------------------------------------------------
               Kind of gas                                 Percent by volume
                                       Percent by weight   (see par. (f) of    Type (see Note 2)    Minimum design
                                         (see Note 1)        this section)                          pressure (psig)
    ----------------------------------------------------------------------------------------------------------------
     
    *                  *                  *                  *                  *                  *
                                                            *
    Liquefied petroleum gas (see      See par. (b) of     See par. (b) of     DOT-51, MC-330, MC- See par. (c) of
     Note 15).                         this section.       this section.       331; See Note 26.   this section.
     
    *                  *                  *                  *                  *                  *
                                                            *
    ----------------------------------------------------------------------------------------------------------------
    *                  *                  *                  *                  *                  *
       *
    Note 26: Non-specification cargo tanks may be used for the transportation of liquefied petroleum gas, subject to
      the conditions prescribed in paragraph (k) of this section.
    
    * * * * *
    
    
    Sec. 173.318  [Amended]
    
        25. In Sec. 173.318, paragraph (a)(3)(i) is amended by removing the 
    section reference ``Sec. 176.76(h)(1)'' and adding ``176.76(g)'' in its 
    place.
    
    
    Sec. 173.410  [Amended]
    
        26. In Sec. 173.410, in paragraph (h) introductory text, the 
    wording ``unauthorized operation;'' is removed and the wording 
    ``unauthorized operation.'' is added in its place.
        27. In Sec. 173.428, the introductory text is revised to read as 
    follows:
    
    
    Sec. 173.428  Empty Class 7 (radioactive) materials packaging.
    
        A packaging which previously contained Class 7 (radioactive) 
    materials and has been emptied of contents as far as practical, is 
    excepted from the shipping paper, certification, and marking 
    requirements of this subchapter, and from requirements of this chapter, 
    provided that--
    * * * * *
    
    
    Sec. 173.469  [Amended]
    
        28. In Sec. 173.469, in paragraph (a)(4)(i), the formula 
    ``10-4 torr-1/s (1.3  10-4 atm-
    cm3/s)'' is removed and ``10-4 torr-1/s (1.3  x  
    10-4 atm-cm3/s)'' is added in its place.
    
    PART 174--CARRIAGE BY RAIL
    
        29. The authority citation for part 174 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 174.85  [Amended]
    
        30. In Sec. 174.85, in paragraph (d) introductory text, in the 
    notes following the table, in the Group 3 entry, the parenthetical 
    wording ``(PG I, Zone A; poisonous gas)'' is removed and ``(Zone A; 
    poisonous gas)'' is added in its place.
    
    PART 175--CARRIAGE BY AIRCRAFT
    
        31. 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]
    
        32. In Sec. 175.700, paragraph (a)(1) is removed and paragraphs 
    (a)(2) through (a)(4) are redesignated as paragraphs (a)(1) through 
    (a)(3), respectively.
    
    PART 178--SPECIFICATIONS FOR PACKAGINGS
    
        33. The authority citation for part 178 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 178.61  [Amended]
    
        34. In Sec. 178.61, make the following changes:
        a. In paragraph (f)(2), the wording ``paragraph (m)'' is removed 
    and ``paragraph (j)'' is added in its place.
        b. In paragraph (f)(4), in the formula, the last expression 
    ``(D2 . d2)'' is removed and ``(D2 - 
    d2)'' is added in its place.
    
    
    Sec. 178.245-4  [Amended]
    
        35. In Sec. 178.245-4, in paragraph (e), the reference to 
    ``Sec. 450.3(a)(3)'' is removed and ``Sec. 450.3(a)(2)'' is added in 
    its place.
    
    
    Sec. 178.803  [Amended]
    
        36. In Sec. 178.803, in the table, in column 2 under ``Metal 
    IBCs'', the expression ``4X'' corresponding to the column 1 
    entry ``Hydrostatic'' is removed and the expression ``3X'' 
    is added in its place.
    
    PART 179--SPECIFICATIONS FOR TANK CARS
    
        37. The authority citation for part 179 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        38. In Sec. 179.15, paragraph (f)(1) is revised to read as follows:
    
    
    Sec. 179.15  Pressure relief devices.
    
    * * * * *
        (f) * * *
        (1) A nonreclosing pressure relief device must incorporate a 
    rupture disc designed to burst at a pressure equal to the greater of 
    100% of the tank test pressure, or 33% of the tank burst pressure.
    * * * * *
    
    [[Page 51920]]
    
    Sec. 179.300-15  [Amended]
    
        39. In Sec. 179.300-15, in paragraph (a), at the beginning of the 
    first sentence, the wording ``in Sec. 179.302, or'' is removed.
    
    
    Sec. 179.400-8  [Amended]
    
        40. In Sec. 179.400-8, in paragraph (d), in the second sentence, 
    the reference to ``Sec. 179.100-23(a)(1)'' is removed and 
    ``Sec. 179.16(c)'' is added in its place.
    
        Issued in Washington, DC, on September 21, 1999, under authority 
    delegated in 49 CFR part 1.
    Stephen D. Van Beek,
    Deputy Administrator.
    [FR Doc. 99-24898 Filed 9-24-99; 8:45 am]
    BILLING CODE 4910-60-P
    
    
    

Document Information

Effective Date:
10/1/1999
Published:
09/27/1999
Department:
Research and Special Programs Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-24898
Dates:
October 1, 1999.
Pages:
51912-51920 (9 pages)
Docket Numbers:
Docket No. RSPA-99-6212 (HM-189P)
RINs:
2137-AD38: Hazardous Materials: Editorial Corrections and Clarifications
RIN Links:
https://www.federalregister.gov/regulations/2137-AD38/hazardous-materials-editorial-corrections-and-clarifications
PDF File:
99-24898.pdf
CFR: (37)
49 CFR 450.3(a)(3)
49 CFR 172.402(f)
49 CFR 176.76(g)
49 CFR 107.14
49 CFR 107.117
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