[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Rules and Regulations]
[Pages 18926-18934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9555]
[[Page 18925]]
_______________________________________________________________________
Part VIII
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Parts 107, et al.
Elimination of Unnecessary and Duplicative Hazardous Materials
Regulations; Final Rule
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules
and Regulations
[[Page 18926]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107, 171, 172, 173, 174, 175, 176, 177, 178, and 179
[Docket HM-222A; Admt. Nos. 107-37, 171-140, 172-147, 173-248, 174-82,
175-55, 176-39, 177-86, 178-112, and 179-51]
RIN 2137-AC69
Elimination of Unnecessary and Duplicative Hazardous Materials
Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: RSPA is removing unnecessary, obsolete, and duplicative
regulations contained in the Hazardous Materials Regulations (HMR). In
addition, RSPA is eliminating approximately 100 pages of the CFR by
reformatting the Hazardous Materials Table and List of Hazardous
Substances and Reportable Quantities. The intended effect of this
action is to enhance compliance with the HMR by making them shorter and
easier to use. This action responds to President Clinton's March 4,
1995 memorandum to heads of departments and agencies calling for a
review of all agency regulations.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: John A. Gale or Jennifer K.
Antonielli, (202) 366-8553; Office of Hazardous Materials Standards,
RSPA, Department of Transportation, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to heads of
departments and agencies calling for a review of all agency regulations
to eliminate or revise those regulations that are outdated or in need
of reform. In addition, the President directed front line regulators to
``* * * get out of Washington and create grassroots partnerships'' with
people affected by agency regulations. In response to the President's
directive, RSPA performed an extensive review of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) and associated
procedural rules (49 CFR Parts 106, 107 and 110). In April and July,
1995, RSPA published notices in the Federal Register (60 FR 17049 and
60 FR 38888, respectively) that announced public meetings and requested
comments on ways to improve the HMR and the kind and quality of
services RSPA's customers expect. RSPA held 12 public meetings and
received over 50 written comments in response to the Federal Register
notices. Based on its review of the HMR and on written and oral
comments received from the public on regulatory reform, RSPA issued a
notice of proposed rulemaking (NPRM) on October 13, 1995, under Docket
HM-222A (60 FR 53321). The NPRM proposed to eliminate over 100 sections
of the HMR and to reformat the Hazardous Materials Table and Hazardous
Substances Table. This is one of several rulemakings initiated by RSPA
in response to its regulatory review, public meetings, and comments.
II. Summary of Amendments
RSPA received approximately 42 comments to the NPRM from chemical
manufacturers and distributors, offerors, carriers, and packaging
manufacturers, and State enforcement agencies. These commenters were
generally supportive of RSPA's proposals in the NPRM. The primary
concerns raised by commenters were about proposals to: (1) reformat the
Sec. 172.101 Hazardous Materials Table (HMT) and the List of Hazardous
Substances and Reportable Quantities; (2) placard holder dimensional
specifications; and (3) remove general guidance in Part 177 on
emergency response activities for hazardous materials transportation
accidents or incidents. Commenters also raised concerns that were
beyond the scope of the proposed rule; however, they may be considered
in future rulemakings.
RSPA believes this final rule will enhance compliance by reducing
the number of regulations in the HMR and making them easier to use. As
a result of having fewer pages, RSPA foresees the possibility of
consolidating the two CFR volumes into one.
A. Reformatting the Hazardous Materials Table and Hazardous Substances
Table
Several commenters stated that RSPA's proposal to reformat the
label column of the HMT by identifying labels by class/division number
rather than class name would make the HMR more difficult to use. One
commenter added that adoption of the proposal would complicate the
process of determining a label for a material. Commenters opposing this
change stated that this proposal makes both teaching and applying the
HMR more difficult and may create a significant burden on users of the
HMR. One commenter stated that adding a table preceding the HMT to
identify which label corresponds to a label code in Column (6) is
impractical, especially for the infrequent user of the HMR. Another
commenter added that this proposal would not enhance clarity of the HMR
or the HMT because users of the HMR often overlook the instructions to
the HMT and would be forced to flip between the two tables to determine
the required labels. Some commenters claimed this proposal would
increase the likelihood of errors. One commenter recommended that RSPA
place the ``numerical identifier table'' within the margins of each
page of the HMT for the reader's convenience. Another commenter
suggested that if RSPA modifies the HMT, the agency should focus on
reducing the size of the columns and adjusting the format. Another
commenter stated that use of Roman numerals to distinguish poisons may
be confused with Packing Group numerals.
Some commenters supported RSPA's proposal but recommended that RSPA
inform and educate all affected persons, including emergency
responders, of this change to ensure compliance with the HMR. One
commenter recommended that RSPA revise the proposed heading of Column
(6) to read ``Label code(s)'' to indicate that more than one label code
may be specified for certain shipping descriptions.
RSPA disagrees with those commenters who stated that label codes
would create confusion and lead to non-compliance and is reformatting
the HMT to remove and replace Column (6) that specifies label names
with a new Column (6) that specifies label codes. The numerical label
codes directly correspond to numerical hazard classes and divisions
which have been in place in the HMR for over five years. If a person is
properly trained in accordance with subpart G of Part 172, there should
be no confusion as to the class or required label for a given shipping
description. In addition, through the distribution of more than four
million Emergency Response Guidebooks, emergency responders have been
informed of the UN hazard class system, and what the respective codes
represent. RSPA believes that the benefits of eliminating over 80 pages
of the CFR outweigh the minor inconvenience of using a label code
rather than a label name. In the new Column (6) of the HMT, RSPA
identifies the labels required by class or division number instead of
spelling out the class name. For example, the POISON and KEEP AWAY FROM
FOOD labels are identified as ``6.1'' and FLAMMABLE LIQUID label is
identified as ``3''. Also, RSPA is adding a table to the
[[Page 18927]]
instructions to the HMT that clearly states which label is required for
each numerical identifier.
Commenters were generally supportive of RSPA's proposal to remove
the column of synonyms from appendix A to Sec. 172.101. However, one
commenter requested that RSPA reevaluate its proposal to remove the
synonym column because many shippers refer to this column to determine
a proper shipping name for a product. Another commenter recommended
that RSPA replace the synonyms with Chemical Abstract System (CAS)
Registry numbers because they provide a more reliable cross reference
and are accessible to most users of the HMR. The commenter stated that
CAS numbers would provide non-chemist shippers with valuable
information to identify a hazardous substance. In addition to being
beyond the scope of this rulemaking, RSPA believes that adding CAS
numbers to the HMT would be of little value to the regulated community
and would significantly add to the size of the HMR. RSPA also notes
that CAS numbers can be found in the EPA's list of hazardous substances
in 40 CFR 302.4. Therefore, RSPA is not adopting the commenter's
suggestion.
RSPA recognizes these commenters' concerns that synonyms of
hazardous substances provide guidance to shippers in determining
hazardous substances. However, because all synonyms are specifically
listed as hazardous substances in Appendix A to Sec. 172.101, RSPA is
removing the synonym column to simplify the Table and the HMR.
B. Reporting Requirements
One of the goals of the President's Regulatory Reinvention
Initiative was to decrease, as far as practical, the reports that are
required to be submitted to the government. As proposed in the NPRM,
RSPA is eliminating Secs. 173.11 and 177.826, which require carriers
and shippers of flammable cryogenic liquids in bulk packagings to
register with RSPA. RSPA also is amending, as proposed, Sec. 107.504 by
decreasing the frequency that manufacturers of cargo tanks are required
to register with RSPA from three years to six years. RSPA also is
removing a requirement in Sec. 107.111 that RSPA publish in the Federal
Register a list of those persons who request party status to an
exemption. This change will enable RSPA to expedite the processing of
requests for party status to exemptions.
C. Unnecessary Sections
Part 110
Sec. 110.30(a)(4) Grant application. RSPA proposed to remove the
requirement that applicants for training and planning grants provide a
written statement explaining whether the State or Indian tribe assesses
and collects fees on the transportation of hazardous materials and
whether such fees are used solely to carry out purposes related to the
transportation of hazardous materials. Several commenters opposed
RSPA's decision to remove the provision in Sec. 110.30(a)(4). The
commenters stated that ``because of the Congressional mandate to review
this information prior to the award of the training segment of the
Grants, we believe, at a minimum, that RSPA cannot unilaterally
eliminate this requirement without Congressional approval.'' RSPA
believes that the effect on the hazardous materials grants program of
removing Sec. 110.30(a)(4) requires further study and, therefore, RSPA
is not removing Sec. 110.30(a)(4).
Part 172
Appendix C to Part 172 Dimensional Specifications for Recommended
Placard Holder. This appendix provides specific dimensions for a
recommended placard holder. Some commenters expressed concern in regard
to RSPA's proposal to remove specifications for placard holders from
the HMR. Commenters stated that the placard specification is widely
used and beneficial in reducing the potential for loss of placards
during transportation. Commenters believed that removal of the placard
holder dimensional specifications would lead to more confusion and
noncompliance, and recommended that RSPA retain the placard holder
specifications. RSPA concurs with the commenters and is not removing
the specifications for the placard holder and is not revising
Sec. 172.516 as proposed.
Part 173
Sec. 173.10 Tank car shipments. This section contains specific
requirements for offerors of tank cars containing certain hazardous
materials. RSPA proposed to remove this section because RSPA believed
it to be inconsistent with current industry practice. One commenter
disagreed with RSPA and stated that additional justification is needed
before RSPA removes this section from the HMR. Upon further review,
RSPA is not removing Sec. 173.10 from the HMR. Corresponding changes
were not proposed in Sec. 174.204 or Sec. 174.304, which contain
similar requirements applicable to rail carriers and it would be
inappropriate to remove only Sec. 173.10. RSPA will reevaluate the need
for these sections in a future rulemaking action.
Sec. 173.324 Ethyl methyl ether. This section provides non-bulk
packaging requirements specific to ethyl methyl ether. Instead of
having a specific packaging section for this material, RSPA is revising
its packaging reference in Column (8B) of the HMT to read
``Sec. 173.201'' for non-bulk packaging authorizations and is removing
Sec. 173.324.
Sec. 173.451 Fissile materials--general requirements. This section
states that fissile radioactive material packages must comply with
requirements of Secs. 173.457 through 173.459. RSPA believes this
section is unnecessary and is removing it. In addition, a reference to
Sec. 173.451 contained in Sec. 173.453 is removed.
Sec. 173.477 Approval for export shipments. This section sets
forth procedures for obtaining an approval for export shipments of
packages for which an International Atomic Energy Agency certificate of
competent authority has been issued. RSPA is removing this section
because the requirements for export shipments of hazardous materials,
including radioactive materials, are specified in Sec. 171.12.
Sec. 173.478 Notification to competent authorities for export
shipments. This section requires shippers who export Type B quantities
of Class 7 material to notify the competent authority of each country
through which or into which the package is to be transported, prior to
the first shipment. The shipper is required to submit copies of all
relevant competent authority certificates. RSPA is removing this
section because the requirements for export shipments of hazardous
materials, including Class 7 material, are specified in Sec. 171.12.
Part 174
Sec. 174.16 Removal and disposition of hazardous materials at
destination. This section prescribes requirements for delivering
hazardous materials to non-agency and agency stations and disposing of
the materials in the event that they are not removed from a carrier's
property by the consignee of the materials. RSPA proposed to remove
Sec. 174.16 because it is outdated and unnecessary. Two commenters
requested that RSPA retain this section. They stated that removal of
this section would increase the likelihood of unauthorized or illegal
access to explosives and that the requirements of Sec. 174.16 should be
the minimum standard for carriers of explosives.
[[Page 18928]]
RSPA believes that the ramifications of removing this section from the
HMR need further review and, therefore, has decided against removing
Sec. 174.16.
Sec. 174.20 Local or carrier restrictions. This section states
that carriers may impose local restrictions when local conditions
present an unsafe transportation environment. Also, Sec. 174.20 states
that carriers must report all carrier restrictions to the Bureau of
Explosives. RSPA stated in the NPRM that it was proposing to remove
Sec. 174.20 because it believes that centralizing a list of all rail
carrier restrictions should be an industry practice and not a
regulatory requirement. Two commenters disagreed with RSPA's proposal
to remove Sec. 174.20, stating that the section is necessary for safety
and that carriers should be allowed to impose local restrictions. RSPA
believes that the effect of removing this section from the HMR on the
railroad industry requires further study and, therefore, RSPA is not
removing Sec. 174.20 from the HMR.
Sec. 174.33 Lost or destroyed labels and placards./Sec. 176.33
Labels./Sec. 177.815 Lost or destroyed labels. These sections require
carriers to maintain an adequate supply of labels and placards in case
labels or placards become lost or destroyed. Several commenters were
concerned that removing these sections would allow carriers to move
hazardous materials packages without their proper labels, and
recommended that RSPA retain these sections. RSPA disagrees. By
removing these sections, RSPA is not allowing carriers to transport
hazardous materials that are not in compliance with the HMR. As
specified in the HMR, shippers may not offer and carriers may not
transport hazardous materials unless they are properly packaged,
marked, labeled and placarded. This basic requirement is not eliminated
by removal of these sections. Accordingly, Secs. 174.33, 176.33, and
177.815 are removed as proposed.
Sec. 174.107 Shipping days for Division 1.1 or 1.2 (Class A
explosive) materials. This section prescribes requirements for carriers
to designate days in which Division 1.1 or 1.2 materials are accepted
and delivered. RSPA proposed to remove this section because it
generally applies to a shipment of explosives by a rail express carrier
which is no longer a common practice. One commenter stated that, though
this is no longer a common practice, this section should be retained as
the minimum standard for such shipments by rail. RSPA believes that, by
removing unnecessary and redundant regulations, the HMR will be an
easier set of regulations to follow, thus increasing compliance and
safety. Section 174.107 is unnecessary because it addresses a type of
transportation that is no longer a common practice. Therefore, RSPA is
removing Sec. 174.107 from the HMR.
Sec. 174.109 Non-agency shipments. This section provides
requirements for Class 1 shipments accepted by a carrier at a non-
agency station. RSPA is removing this section because it is no longer
necessary.
Sec. 174.280 Division 2.3 (poisonous gas) materials with
foodstuffs. This section provides a prohibition from transporting
packages labeled POISON GAS with foodstuffs. RSPA proposed to remove
this section because Division 2.3 materials present a hazard if inhaled
but do not pose a significant hazard to foodstuffs or edible material.
One commenter stated that contamination of foodstuffs by Division 2.3
material is possible when the integrity of the packaging is
compromised. RSPA is not aware of any Division 2.3 material that would
pose a significant hazard to foodstuffs; and this amendment is
consistent with the regulations for highway transportation. No
incidents have been reported involving the transportation of foodstuffs
and Division 2.3 materials in the same motor vehicle. Therefore, RSPA
is removing this section from the HMR as proposed.
Sec. 174.410 Special handling requirements for matches. This
section provides special handling requirements for strike-anywhere
matches. RSPA proposed to remove this section because it believes the
section is no longer necessary based on current packaging requirements
in Part 173 for strike-anywhere matches. One commenter stated that this
section provides a minimum standard for the safe transport of strike-
anywhere matches and suggested that it be retained. RSPA believes that
this section is no longer necessary and is removing it from the HMR.
Sec. 174.450 Fires. This section addresses disposition of cotton
or charcoal which has been damaged in a fire. One commenter opposed the
proposed removal of this section and stated that if these mitigation
requirements are not retained, carriers will not undertake these
measures. RSPA disagrees and believes that the procedures are outmoded
and inappropriate as a regulatory standard. Therefore, RSPA is removing
this section from the HMR.
Sec. 174.510 Special handling requirements for nitrates. This
section prescribes requirements for carriers of nitrates to ensure that
the rail car is closed, clean and free of projections before loading
the nitrates. RSPA is removing this section because the requirements of
subpart C of part 174 adequately cover the loading of this material in
a rail car.
Sec. 174.57 Cleaning cars./Sec. 174.515 Cleaning cars; potassium
permanganate./ Sec. 174.615(a) Cleaning cars. Sections 174.515 and
174.615(a) require that rail cars be cleaned following the carriage of
potassium permanganate or Division 6.1 materials, respectively. Section
174.57 requires that rail cars carrying any hazardous material that has
leaked from a package be carefully cleaned. RSPA proposed to remove
Secs. 174.515 and 174.615(a) because it believes that the requirements
of subpart C of part 174 adequately cover the cleaning of rail cars
that previously contained these materials. Commenters stated that all
three of these sections should be retained in order to protect worker
safety and cross-contamination of products. RSPA agrees that the
general provisions of Sec. 174.57, which require that all rail cars
must be cleaned when there is leakage of hazardous materials, should be
retained in order to assure proper cleaning of rail cars. However, RSPA
believes that retention of Sec. 174.57 makes Secs. 174.515 and 174.615
redundant and, therefore, is removing these two sections from the HMR.
Sec. 174.840 Special loading and handling requirements for
asbestos./ Sec. 175.640 Special requirements for Class 9 (miscellaneous
hazardous) material./ Sec. 176.906 Stowage and handling of asbestos./
Sec. 177.844 Class 9 (miscellaneous hazardous) materials. These
sections prescribe requirements for minimization of occupational
exposure to asbestos. RSPA proposed to eliminate these sections because
it believes that other Federal regulations more than adequately address
occupational exposures to workers. Commenters requested that RSPA
retain these sections and stated that RSPA is required by Congress to
promulgate regulations for the safe transportation of hazardous
materials, including the loading, unloading and storage incidental
thereto. One commenter stated that ``it is inappropriate for RSPA to
withdraw its jurisdiction simply because another Federal agency
regulation infringes on RSPA's area of responsibility.'' RSPA continues
to believe that other Federal regulations more than appropriately
address occupational exposures to workers. Therefore, there is no need
for RSPA to maintain these additional requirements and RSPA is removing
these sections from the HMR.
[[Page 18929]]
Part 176
Sec. 176.79 Spaces exposed to carbon monoxide or other hazardous
vapors. This section prescribes occupational requirements for personnel
exposed to carbon monoxide vapors. In the NPRM, RSPA stated that the
provisions of Sec. 176.79 are governed under 46 CFR Part 97. A
commenter stated that 46 CFR Part 97 only applies to inspected vessels,
i.e., those vessels required to be issued certificates of inspection
under the provisions of 46 U.S.C., and not vessels of foreign nations.
Therefore, the commenter stated that personnel on non-inspected and
foreign vessels, which constitute the vast majority of vessels carrying
hazardous materials in the U.S. waters, would not be afforded any
protection from carbon monoxide vapors.
RSPA acknowledges that the requirements in 46 CFR Part 97 only
apply to inspected vessels, but it is inappropriate to regulate under
the HMR worker protection from carbon monoxide vapors being emitted
from trucks or other mechanized equipment used aboard vessels. This
issue is not unique to hazardous materials transportation. Therefore,
RSPA is removing this section from the HMR.
Part 177
Sec. 177.811 Astray shipments. This section prescribes
requirements for a package that has lost its label. The section states
that a carrier must place a FLAMMABLE LIQUID label on a package that
has lost its label. RSPA is removing the requirements of Sec. 177.811
because current industry practices and compliance with Part 172 of the
HMR (e.g., proper shipping name and identification number markings on
packages) make it very unlikely that a carrier will have ``no
knowledge'' of the contents of a package of hazardous materials.
Sec. 177.813 Inefficient containers. This section states that
experience gained on damaged packages must be recorded by the Bureau of
Explosives (BOE) to determine if a packaging should be prohibited from
use. This action is no longer taken by the BOE; therefore, this section
is removed.
Sec. 177.823 Marking and placarding of motor vehicles. RSPA
received comments concerning the proposed removal of provisions for
transportation of leaking cargo tanks in part 177. Several commenters
stated that relocating the provisions for transportation of leaking
cargo tanks from Sec. 177.856 to Sec. 177.823 would cause confusion
since the heading of this section refers to marking and placarding of
motor vehicles. RSPA is relocating the provisions for leaking cargo
tanks from Sec. 177.856 to Sec. 177.823. However, in order to eliminate
any confusion, RSPA is revising the heading of Sec. 177.823 to read
``Movement of motor vehicles in emergency situations.''
Sec. 177.837(a) Class 3 (flammable) liquid materials. Paragraph
(a) of this section requires that the engine of a motor vehicle must be
turned off when the vehicle is being loaded with Class 3 materials.
RSPA proposed to remove this restriction because it is no longer
necessary and often not practical, especially for application to diesel
engines during cold weather. Two commenters requested that RSPA retain
the requirements stating that an operating motor vehicle engine
represents an ignition source. Commenters also stated that National
Fire Protection Standards require that the motor of a cargo tank motor
vehicle be shut down throughout the transfer operations of flammable
liquids. Two commenters supported the proposal and stated that it is
very difficult to restart a diesel engine if it becomes too cold and
keeping the engine running could facilitate the removal of the trailer
in the event of an emergency.
The provision in paragraph (a) of Sec. 177.837 applies to all motor
vehicles loading or unloading flammable liquids including those
transporting non-bulk packages, not just to cargo tank motor vehicles.
Based on this broad application, RSPA believes that it is not necessary
to shut off the engine of all motor vehicles loading or unloading non-
bulk packages of flammable liquids. However, RSPA agrees with those
commenters who stated that the engines of cargo tank motor vehicles
carrying Class 3 material should be shut off during loading/unloading
operations. Accordingly, RSPA is not removing paragraph (a) but is
revising it so that it only applies to cargo tank motor vehicles.
Sec. 177.838 Class 4 materials, Class 5 and Division 4.2
materials. Section 177.838(d) prescribes requirements for ``loose or
baled nitrate of soda bags'' and Sec. 177.838(e) prescribes blocking
and bracing requirements for ``strike-anywhere matches''. RSPA is
removing Sec. 177.838(d) because ``loose or baled nitrate of soda
bags'' are no longer routinely transported and, therefore, it is
unnecessary. RSPA is removing Sec. 177.838(e) because these modal
operational requirements are no longer necessary based on current
packaging requirements for strike-anywhere matches.
Sec. 177.853 Transportation and delivery of shipments. RSPA
proposed to remove paragraphs (b) and (c) of this section which
prescribe general requirements on the movement of hazardous materials.
The provisions of paragraph (a) were proposed to be moved to
Sec. 177.800. Two commenters stated that it is premature to remove
paragraphs (b) and (c) until RSPA determines when transportation begins
and ends. RSPA believes that removing paragraphs (b) and (c) does not
impinge on its ability to determine the definition of ``in
transportation.'' The provisions found in paragraphs (b) and (c)
address areas that should be handled through responsible business
practices and not regulatory requirements.
Sec. 177.855 Accidents; Class 1 (explosive) materials./
Sec. 177.856 Accidents; Class 3 (flammable liquid) materials./
Sec. 177.857 Accidents; Class 4 (flammable solid) and Class 5
(oxidizing) materials./Sec. 177.858 Accidents; Class 8 (corrosive)
materials./Sec. 177.859 Accidents; Class 2 (gases) materials./
Sec. 177.860 Accidents or leakage; Division 6.1 (poisonous) or Division
2.3 (poisonous gas) materials./Sec. 177.861 Accidents; Class 7
(radioactive) materials. These sections prescribe general guidance on
emergency response activities. RSPA proposed to remove these sections
because of the addition of the emergency response provisions in Part
172. Several commenters requested that RSPA retain these sections
because these provisions should be in addition to, and not in lieu of,
the emergency response information of Part 172. One commenter stated
that in order to protect the hazardous materials industry from
intrusion from other Federal and State agencies into the area of
hazardous materials transportation, RSPA should retain these sections.
One commenter, who agreed with RSPA's proposal to remove these
sections, stated that responders probably do not use the provisions in
these sections in an emergency situation.
RSPA disagrees with commenters who stated that these sections
should be retained in order to keep other Federal and State agencies
from regulating the actions to be taken in the event of a
transportation-related incident involving hazardous materials. RSPA
continues to believe that these sections may not provide appropriate
required actions to protect the public or the environment. The
emergency response information required to be carried with hazardous
materials is a much better source of information relative to the
initial mitigation actions to be taken. Most of these sections were
written prior to current standards addressing emergency response
operations. The
[[Page 18930]]
means and mechanisms of responding to hazardous materials incidents
have evolved greatly since these sections were introduced into the HMR.
The Environmental Protection Agency and the Occupational Safety and
Health Administration have regulations addressing environmental clean-
up and emergency response operations and have expertise in this area.
Fire departments and other emergency response organizations are better
equipped and trained to handle hazardous materials transportation
incidents. In addition, these sections apply to motor carriers only.
They do not apply to the emergency responders, other than motor carrier
personnel, who are called upon to respond to hazardous materials
transportation incidents. Based on the foregoing, RSPA is removing the
accident mitigation provisions in Secs. 177.855-177.861 from the HMR.
D. Duplicative Sections
The following is a listing of those sections that are removed from
the HMR because they are duplicative or refer the reader to a section
of general applicability. In removing the sections listed below, RSPA
believes that no substantive regulatory requirements are being removed.
For example, RSPA is removing Secs. 174.480 and 174.580 because these
requirements are already covered under Sec. 174.680. Several commenters
were confused by RSPA's proposal to remove some of these sections and
believed that RSPA was actually removing regulatory requirements. This
is not the case. RSPA is merely consolidating provisions of the HMR to
make a smaller and less burdensome set of regulations.
List of Affected Sections
171.13 Emergency regulations.
173.314(h) Requirements for compressed gases in tank car tanks.
173.444 Labeling requirements.
173.446 Placarding requirements.
173.463 Packaging and shielding-testing for integrity.
174.7 Compliance and training.
174.12 Intermediate shippers and carriers.
174.45 Reporting hazardous materials incidents.
174.69 Removal of placards and car certifications after unloading.
174.100 Forbidden Class 1 (explosive) materials.
174.208 Rail cars, truck bodies, or trailers with fumigated or treated
lading.
174.380 Class 3 (flammable liquid) materials, with a subsidiary hazard
of Division 6.1 (poisonous) materials, with foodstuffs.
174.430 Special handling requirements for Division 4.2 (pyroforic
liquid) materials.
174.480 Class 4 (flammable solid) materials, with a subsidiary hazard
of Division 6.1 (poisonous) materials, with foodstuffs.
174.580 Division 5.1 (oxidizer) materials, with a subsidiary hazard of
Division 6.1 (poisonous materials), with foodstuffs.
174.615 Cleaning cars.
174.800 Special handling requirements for Class 8 (corrosive)
materials.
174.810 Special handling requirements for wet electric storage
batteries.
175.45 Reporting hazardous materials incidents. (With applicable
change to Sec. 171.15 and 171.16)
176.76 (f), (g)(1),(4) Transport vehicles, freight containers, and
portable tanks containing hazardous materials.
176.78(g), (4),(5) Use of powered-operated industrial trucks on board
vessels.
176.331 Transportation of Class 3 (flammable) liquids with foodstuffs.
176.419 Class 4 (flammable solids) or Class 5 (oxidizers and organic
peroxides) materials transported with foodstuffs.
176.800 General stowage requirements. (last sentence)
177.803 Export and import shipments by domestic carriers by motor
vehicles.
177.805 Canadian shipments and packagings.
177.806 U.S. Government material.
177.807 Reporting hazardous materials incidents.
177.808 Connecting carrier shipments.
177.809 Carrier's material and supplies.
177.812 Containers required.
177.814 Retention of cargo tank motor vehicle manufacturer's
certificate, maintenance and other reports.
177.821(c) (d)(f) Hazardous materials forbidden or limited for
transportation.
177.825 Routing and training requirements for Class 7 (radioactive)
materials.
177.836 Nonexplosive material.
178.346-3 Structural integrity.
178.346-4 Joints.
178.346-5 Manhole assemblies.
178.346-6 Supports and anchoring.
178.346-7 Circumferential reinforcement.
178.346-8 Accident damage protection.
178.346-9 Pumps, piping, hoses and connections.
178.346-12 Gauging devices.
178.346-14 Marking.
178.346-15 Certification.
178.347-3 Structural integrity.
178.347-4 Joints.
178.347-6 Supports and anchoring.
178.347-7 Circumferential reinforcement.
178.347-8 Accident damage protection.
178.347-9 Pumps, piping, hoses and connections.
178.347-11 Outlets.
178.347-12 Gauging devices.
178.347-14 Marking.
178.347-15 Certification.
178.348-3 Structural Integrity.
178.348-4 Joints.
178.348-5 Manhole assemblies.
178.348-6 Supports and anchoring.
178.348-7 Circumferential reinforcement.
178.348-8 Accident Damage Protection.
178.348-11 Outlets.
178.348-12 Gauging devices.
178.348-14 Marking.
178.348-15 Certification.
179.100-2 Approval.
179.100-5 Bursting pressure.
179.100-11 Tank mounting.
179.100-22 Certificate of construction.
179.104 Special requirements for spec. 105A200-F tank car tanks.
179.104-1 Tanks built under these specifications must meet the
requirements of Secs. 179.100, 179.101, and when applicable
Secs. 179.102 and 179.104.
179.104-2 Type.
179.104-3 Tank mounting.
179.104-4 Welding.
179.106 [Reserved]
179.200-2 Approval.
179.200-5 Bursting pressure.
179.200-12 Tank mounting. See Sec. 179.10.
179.200-20 Interior heater systems.
179.200-26 Certificate of construction.
179.202--179.202-22 [Reserved]
179.220-2 Approval.
179.220-5 Bursting pressure.
179.220-12 Tank mounting.
179.220-21 Interior heating systems.
179.220-27 Certificate of construction.
179.300-2 Approval.
179.300-5 Bursting pressure.
179.300-11 Tank mounting.
179.400-2 Approval.
179.400-6(a) Bursting and buckling pressure.
179.400-26 Certificate of construction.
179.500-2 Approval.
179.500-9 Tank mounting.
III. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under
[[Page 18931]]
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034). The economic impact of this rule is
minimal to the extent that the preparation of a regulatory evaluation
is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Federal hazardous materials transportation law (49 U.S.C. 5101-5127)
contains an express preemption provision that preempts State, local,
and Indian tribe requirements on certain covered subjects. Covered
subjects are:
(i) the designation, description, and classification of hazardous
material;
(ii) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) the preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(iv) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(v) the design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
Title 49 U.S.C. 5125(b)(2) provides that if DOT issues a regulation
concerning any of the covered subjects after November 16, 1990, DOT
must determine and publish in the Federal Register the effective date
of Federal preemption. That effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. RSPA has determined the
effective date of Federal preemption for these requirements is October
1, 1996.
This final rule removes unnecessary, obsolete and duplicative
regulations governing the transportation of hazardous materials, and
does not have sufficient federalism impacts to warrant the preparation
of a federalism assessment.
Executive Order 12778
Any interested person may petition RSPA's Administrator for
reconsideration of this final rule within 30 days of publication of
this rule in the Federal Register, in accordance with the procedures
set forth at 49 CFR 106.35. Neither the filing of a petition for
reconsideration nor any other administrative proceeding is required
before the filing of a suit in court for review of this rule.
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 does not
impose any new requirements on persons subject to the HMR.
Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
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
Hazardous materials transportation, Hazardous waste, Labeling,
Marking, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, 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 parts 107, 171, 172, 173,
174, 175, 176, 177, 178, and 179 are amended to read 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; 49 CFR 1.45, 1.53.
Sec. 107.111 [Amended]
2. In Sec. 107.111, paragraph (d) is removed and reserved.
Sec. 107.504 [Amended]
3. In Sec. 107.504(a) and (c), the phrase ``three years'' is
removed and replaced with the phrase ``six years'' each place it
appears.
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. 171.13 [Removed]
5. Section 171.13 is removed.
6. In Sec. 171.15, paragraph (b), the introductory text is revised
to read as follows:
Sec. 171.15 Immediate notice of certain hazardous materials incidents.
* * * * *
(b) Except for transportation by aircraft, each notice required by
paragraph (a) of this section shall be given to the Department by
telephone (toll-free) on 800-424-8802. Notice involving shipments
transported by aircraft must be given to the nearest FAA Civil Aviation
Security Office by telephone at the earliest practical
[[Page 18932]]
moment after each incident in place of the notice to the Department.
Notice involving etiologic agents may be given to the Director, Centers
for Disease Control, U.S. Public Health Service, Atlanta, Ga. (800)
232-0124, in place of the notice to the Department or (toll call) on
202-267-2675. Each notice must include the following information:
* * * * *
7. In Sec. 171.16, paragraph (b) is revised to read as follows:
Sec. 171.16 Detailed hazardous materials incident reports.
* * * * *
(b) Each carrier making a report under this section shall send the
report to the Information Systems Manager, DHM-63, Research and Special
Programs Administration, Department of Transportation, Washington, DC
20590-0001; and, for incidents involving transportation by aircraft, a
copy of the report shall also be sent to the FAA Civil Aviation
Security Office nearest the location of the incident. A copy of the
report shall be retained for a period of two years, at the carrier's
principal place of business, or at other places as authorized and
approved in writing by an agency of the Department of Transportation.
* * * * *
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.
9. In Sec. 172.101, paragraph (g) is revised to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(g) Column 6: Labels. Column 6 specifies codes which represent the
hazard warning labels required for a package filled with a material
conforming to the associated hazard class and proper shipping name,
unless the package is otherwise excepted from labeling by a provision
in subpart E of this part, or part 173 of this subchapter. The first
code is indicative of the primary hazard of the material. Additional
label codes are indicative of subsidiary hazards. Provisions in
Sec. 172.402 may require that a label other than that specified in
Column 6 be affixed to the package in addition to that specified in
Column 6. No label is required for a material classed as a combustible
liquid or for a Class 3 material that is reclassed as a combustible
liquid. The codes contained in Column 6 are defined according to the
following table:
Label Substitution Table
------------------------------------------------------------------------
Label code Label name
------------------------------------------------------------------------
1.................................. Explosive.
1.1 \1\............................ Explosive 1.1.\1\
1.2 \1\............................ Explosive 1.2.\1\
1.3 \1\............................ Explosive 1.3.\1\
1.4 \1\............................ Explosive 1.4.\1\
1.5 \1\............................ Explosive 1.5.\1\
1.6 \1\............................ Explosive 1.6.\1\
2.1................................ Flammable Gas.
2.2................................ Non-Flammable Gas.
2.3................................ Poison Gas.
3.................................. Flammable Liquid.
4.1................................ Flammable Solid.
4.2................................ Spontaneously Combustible.
4.3................................ Dangerous When Wet.
5.1................................ Oxidizer.
5.2................................ Organic Peroxide.
6.1 (I) \2\........................ Poison.
6.1 (II) \2\....................... Poison.
6.1 (III) \2\...................... Keep Away From Food.
6.2................................ Infectious Substance.
7.................................. Radioactive.
8.................................. Corrosive.
9.................................. Class 9.
------------------------------------------------------------------------
\1\ Refers to the appropriate compatibility group letter.
\2\ The packing group for a material is indicated in column 5 of the
table.
* * * * *
Sec. 172.101 [Amended]
10. In Sec. 172.101, the following changes are made to the
Hazardous Materials Table:
a. In Column (5), the heading is revised to read ``PG''.
b. For the entry ``Ethyl methyl ether'', in Column (8B), the
nonbulk packaging reference is revised to read ``201''.
c. In column (6) the heading is revised to read ``Label codes'',
and:
(1) The word ``EXPLOSIVE'' is removed in each place it appears;
(2) The words ``FLAMMABLE GAS'' are removed and replaced with
``2.1'' in each place they appear;
(3) The words ``NONFLAMMABLE GAS'' are removed and replaced with
``2.2'' in each place they appear;
(4) The words ``POISON GAS'' are removed and replaced with ``2.3''
in each place they appear;
(5) The words ``FLAMMABLE LIQUID'' are removed and replaced with
``3'' in each place they appear;
(6) The words ``FLAMMABLE SOLID'' are removed and replaced with
``4.1'' in each place they appear;
(7) The words ``SPONTANEOUSLY COMBUSTIBLE'' are removed and
replaced with ``4.2'' in each place they appear;
(8) The words ``DANGEROUS WHEN WET'' are removed and replaced with
``4.3'' in each place they appear;
(9) The word ``OXIDIZER'' is removed and replaced with ``5.1'' in
each place it appears;
(10) The words ``ORGANIC PEROXIDE'' are removed and replaced with
``5.2'' in each place they appear;
(11) The word ``POISON'' is removed and replaced with ``6.1'' in
each place it appears;
(12) The words ``KEEP AWAY FROM FOOD'' are removed and replaced
with ``6.1'' in each place they appear;
(13) The words ``INFECTIOUS SUBSTANCE'' are removed and replaced
with ``6.2'' in each place they appear;
(14) The word ``RADIOACTIVE'' is removed and replaced with ``7'' in
each place it appears;
(15) The word ``CORROSIVE'' is removed and replaced with ``8'' in
each place it appears;
(16) The word ``CLASS'' is removed in each place it appears; and
(17) For the entries ``Organic peroxide type B, liquid''; ``Organic
peroxide type B, liquid, temperature controlled''; ``Organic peroxide
type B, solid''; and ``Organic peroxide type B, solid, temperature
controlled'' the label entries are revised to read ``5.2, 1''.
Appendix A to Sec. 172.101--[Amended]
11. In Appendix A to Sec. 172.101, in ``Table 1--Hazardous
Substances Other Than Radionuclides'', the second column, ``Synonyms'',
is removed.
Sec. 172.201 [Amended]
12. In Sec. 172.201, paragraph (b) is removed and reserved.
13. In Sec. 172.203, paragraph (i)(4) is added to read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(i) * * *
(4) The name of the shipper.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
14. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 173.11, Sec. 173.324, Sec. 173.444, Sec. 173.446, Sec. 173.451,
Sec. 173.463, Sec. 173.477, Sec. 173.478 [Removed]
15. Sections 173.11, 173.324, 173.444, 173.446, 173.451, 173.463,
173.477 and 173.478 are removed.
[[Page 18933]]
Sec. 173.314 [Amended]
16. In Sec. 173.314, paragraph (h) is removed and reserved.
Sec. 173.453 [Amended]
17. In the introductory text of Sec. 173.453, the wording
``Secs. 173.451 through'' is revised to read ``Secs. 173.457 and''.
PART 174--CARRIAGE BY RAIL
18. The authority citation for part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 174.7, Sec. 174.12, Sec. 174.33, Sec. 174.45, Sec. 174.69,
Sec. 174.100, Sec. 174.107, Sec. 174.109, Sec. 174.208, Sec. 174.280,
Sec. 174.380 [Removed]
Subpart H (Secs. 174.410-174.480)--[Removed]
Subpart I (Secs. 174.510-174.580)--[Removed]
Subpart L (Secs. 174.800 and 174.810)--[Removed]
Subpart M (Sec. 174.840)--[Removed]
19. Sections 174.7, 174.12, 174.33, 174.45, 174.69, 174.100,
174.107, 174.109, 174.208, 174.280, 174.380, Subpart H consisting of
Secs. 174.410, 174.430, 174.450, and 174.480, Subpart I consisting of
Secs. 174.510, 174.515, and 174.580, Subpart L consisting of
Secs. 174.800, and 174.810, and Subpart M consisting of Sec. 174.840
are removed.
Sec. 174.615 [Amended]
20. In Sec. 174.615, paragraph (a) is removed and reserved.
PART 175--CARRIAGE BY AIRCRAFT
21. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.45 and Sec. 175.640 [Removed]
22. Sections 175.45 and 175.640 are removed.
PART 176--CARRIAGE BY VESSEL
23. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 176.33, Sec. 176.79, Sec. 176.331, Sec. 176.419,
Sec. 176.906 [Removed]
24. Sections 176.33, 176.79, 176.331, 176.419, and 176.906 are
removed.
Sec. 176.76 [Amended]
25. In Sec. 176.76, paragraphs (f), (g)(1) and (g)(4) are removed,
introductory text of paragraph (g) is redesignated as paragraph (f)
introductory text, and paragraphs (g)(2), (g)(3), and (g)(5) are
redesignated as paragraphs (f)(1), (f)(2), and (f)(3), respectively and
paragraphs (h) and (i) are redesignated as paragraphs (g) and (h),
respectively.
Sec. 176.78 [Amended]
26. In Sec. 176.78, paragraphs (g)(4) and (g)(5) are removed and
reserved.
27. In Sec. 176.800, paragraph (a) is revised to read as follows:
Sec. 176.800 General stowage requirements.
(a) Each package required to have a Class 8 (corrosive) label
thereon being transported on a vessel must be stowed clear of living
quarters, and away from foodstuffs and cargo of an organic nature.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
28. The authority citation for part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
29. In Sec. 177.800, paragraph (d) is added to read as follows:
Sec. 177.800 Purpose and scope of this part and responsibility for
compliance and training.
* * * * *
(d) No unnecessary delay in movement of shipments. All shipments of
hazardous materials must be transported without unnecessary delay, from
and including the time of commencement of the loading of the hazardous
material until its final unloading at destination.
Sec. 177.803, Sec. 177.805, Sec. 177.806, Sec. 177.807, Sec. 177.808,
Sec. 177.809, Sec. 177.811, Sec. 177.812, Sec. 177.813, Sec. 177.814,
Sec. 177.815, Sec. 177.825, Sec. 177.826, Sec. 177.836, Sec. 177.844,
Sec. 177.853, Sec. 177.855, Sec. 177.856, Sec. 177.857, Sec. 177.858,
Sec. 177.859, Sec. 177.860, Sec. 177.861 [Removed]
30. Sections 177.803, 177.805, 177.806, 177.807, 177.808, 177.809,
177.811, 177.812, 177.813, 177.814, 177.815, 177.825, 177.826, 177.836,
177.844, 177.853, 177.855, 177.856, 177.857, 177.858, 177.859, 177.860,
and 177.861 are removed.
Sec. 177.821 [Amended]
31. In Sec. 177.821, paragraphs (c), (d), (e), and (f) are removed.
32. In Sec. 177.823, the section heading is revised and new
paragraphs (b) and (c) are added to read as follows:
Sec. 177.823 Movement of motor vehicles in emergency situations.
* * * * *
(b) Disposition of contents of cargo tank when unsafe to continue.
In the event of a leak in a cargo tank of such a character as to make
further transportation unsafe, the leaking vehicle should be removed
from the traveled portion of the highway and every available means
employed for the safe disposal of the leaking material by preventing,
so far as practicable, its spread over a wide area, such as by digging
trenches to drain to a hole or depression in the ground, diverting the
liquid away from streams or sewers if possible, or catching the liquid
in containers if practicable. Smoking, and any other source of
ignition, in the vicinity of a leaking cargo tank is not permitted.
(c) Movement of leaking cargo tanks. A leaking cargo tank may be
transported only the minimum distance necessary to reach a place where
the contents of the tank or compartment may be disposed of safely.
Every available means must be utilized to prevent the leakage or
spillage of the liquid upon the highway.
33. In Sec. 177.837, paragraph (a) is revised to read as follows:
Sec. 177.837 Class 3 (flammable liquid) materials.
* * * * *
(a) Engine stopped. Unless the engine of a cargo tank motor vehicle
is to be used for the operation of a pump, no Class 3 material shall be
loaded into, or on, or unloaded from any cargo tank motor vehicle while
the engine is running.
* * * * *
Sec. 177.838 [Amended]
34. In Sec. 177.838, paragraphs (d) and (e) are removed and
reserved.
PART 178--SPECIFICATIONS FOR PACKAGINGS
35. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.346-3, Sec. 178.346-4, Sec. 178.346-5, Sec. 178.346-6,
Sec. 178.346-7, Sec. 178.346-8, Sec. 178.346-9, Sec. 178.346-12,
Sec. 178.346-14, Sec. 178.346-15, Sec. 178.347-3, Sec. 178.347-4,
Sec. 178.347-6, Sec. 178.347-7, Sec. 178.347-8, Sec. 178.347-9,
Sec. 178.347-11, Sec. 178.347-12, Sec. 178.347-14, Sec. 178.347-15,
Sec. 178.348-3, Sec. 178.348-4, Sec. 178.348-5, Sec. 178.348-6,
Sec. 178.348-7, Sec. 178.348-8, Sec. 178.348-11, Sec. 178.348-12,
Sec. 178.348-14, Sec. 178.348-15 [Removed]
36. Sections 178.346-3, 178.346-4, 178.346-5, 178.346-6, 178.346-7,
178.346-8, 178.346-9, 178.346-12, 178.346-14, 178.346-15, 178.347-3,
178.347-4, 178.347-6, 178.347-7, 178.347-8, 178.347-9, 178.347-11,
[[Page 18934]]
178.347-12, 178.347-14, 178.347-15, 178.348-3, 178.348-4, 178.348-5,
178.348-6, 178.348-7, 178.348-8, 178.348-11, 178.348-12, 178.348-14,
and 178.348-15 are removed.
Subpart J--[Amended]
37. In subpart J, Sec. 178.346-10, Sec. 178.346-11, and
Sec. 178.346-13 are redesignated as Sec. 178.346-3 through
Sec. 178.346-5, respectively; Secs. 178.347-5, 178.347-10, and 178.347-
13 are redesignated as Secs. 178.347-3 through 178.347-5, respectively;
and Secs. 178.348-9, 178.348-10, and 178.348-13 are redesignated as
Secs. 178.348-3 through 178.348-5, respectively.
PART 179--SPECIFICATIONS FOR TANK CARS
38. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.100-2, Sec. 179.100-5, Sec. 179.100-11, Sec. 179.100-22,
Sec. 179.104, Sec. 179.104-1, Sec. 179.104-2, Sec. 179.104-3,
Sec. 179.104-4, Sec. 179.106-179.106-4, Sec. 179.200-2, Sec. 179.200-5,
Sec. 179.200-12, Sec. 179.200-20, Sec. 179.200-26, Sec. 179.202-
179.202-22, Sec. 179.220-2, Sec. 179.220-5, Sec. 179.220-12,
Sec. 179.220-21, Sec. 179.220-27, Sec. 179.300-2, Sec. 179.300-5,
Sec. 179.300-11, Sec. 179.400-2, Sec. 179.400-26, Sec. 179.500-2,
Sec. 179.500-9 [Removed]
39. Sections 179.100-2, 179.100-5, 179.100-11, 179.100-22, 179.104,
179.104-1, 179.104-2, 179.104-3, 179.104-4, 179.106-- 179.106-4,
179.200-2, 179.200-5, 179.200-12, 179.200-20, 179.200-26, 179.202--
179.202-22, 179.220-2, 179.220-5, 179.220-12, 179.220-21, 179.220-27,
179.300-2, 179.300-5, 179.300-11, 179.400-2, 179.400-26, 179.500-2, and
179.500-9 are removed.
Sec. 179.400-6 [Amended]
40. In Sec. 179.400-6, paragraph (a) is removed and reserved.
Issued in Washington, DC on April 1, 1996, under authority
delegated in 49 CFR part 1.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. 96-9555 Filed 4-26-96; 8:45 am]
BILLING CODE 4910-60-P
