[Federal Register Volume 62, Number 185 (Wednesday, September 24, 1997)]
[Proposed Rules]
[Pages 50222-50228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24973]
[[Page 50221]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171 et al.
Transportation of Hazardous Materials; Miscellaneous Amendments;
Proposed Rule
Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 /
Proposed Rules
[[Page 50222]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 175, 177, 178 and 180
[Docket No. RSPA-97-2905 (HM-166Y)]
RIN 2137-AC41
Transportation of Hazardous Materials; Miscellaneous Amendments
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: RSPA proposes to make miscellaneous amendments to the
Hazardous Materials Regulations (HMR) based on petitions for rulemaking
and RSPA initiative. These proposed amendments are intended to update,
clarify or provide relief from certain regulatory requirements.
DATES: Comments must be received by November 24, 1997.
ADDRESSES: Address comments to the Dockets Unit, U.S. Department of
Transportation, Room PL 401, 400 Seventh St., SW., Washington, DC
20590-0001. Comments should identify the docket number, RSPA-97-2905
(HM-166Y) and should be submitted in two copies. Persons wishing to
receive confirmation of receipt of their comments should include a
self-addressed stamped postcard. Comments may also be submitted by E-
mail to rules@rspa.dot.gov. The Dockets Office is located on the Plaza
Level of the Nassif Building at the U.S. Department of Transportation
at the above address. Public dockets may be reviewed between the hours
of 10:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, Research and Special Programs Administration, U.S.
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590-0001, telephone (202) 366-8553.
SUPPLEMENTARY INFORMATION:
Background
This notice of proposed rulemaking (NPRM) is designed primarily to
reduce regulatory burdens on industry by incorporating changes into the
HMR based on RSPA's own initiative and petitions for rulemaking
submitted in accordance with 49 CFR 106.31. This NPRM also is
consistent with the goals of the President's Regulatory Reinvention
Initiative. On March 4, 1995, the President directed Federal agencies
to perform an extensive review of all agency regulations and eliminate
or revise those requirements that are outdated or in need of reform. In
a continuing effort to review the HMR for necessary revisions, RSPA is
also proposing to eliminate, revise, clarify and relax certain other
regulatory requirements.
The following is a section-by-section summary of the proposed
changes under this notice of proposed rulemaking.
Section-by-Section Review
Part 171
Section 171.7
The Association of American Railroads (AAR) (P-1315) requested that
RSPA update the incorporation by reference of the AAR manual, ``AAR
Manual of Standards and Recommended Practices, Section C-Part III,
Specifications for Tank Cars, Specification M-1002,'' from the 1992
edition to the 1996 edition. RSPA and the Federal Railroad
Administration have reviewed the reference requirements in the 1996
manual and have determined that there are no substantive changes.
Therefore, RSPA proposes to incorporate the 1996 edition by reference
into the HMR.
Section 171.8
RSPA proposes to add a definition for ``self-defense spray'' to
correspond with the proposed new entry, ``Self-defense sprays, non-
pressurized, containing not more than 2 percent tear gas substances,''
Class 9. (See Sec. 172.101.) RSPA specifically solicits comments on the
use and scope of the word ``animal'' when defining a self-defense spray
as having an irritating or incapacitating effect on a person or animal.
RSPA proposes to revise the definition of ``Marine pollutant'' by
adding a reference to Sec. 171.4, containing the marine pollutant
requirements, to facilitate its location by readers. This proposal
responds to a petitioner (P-1256) who stated that the exceptions
contained in Sec. 171.4 are often overlooked.
Section 171.18
Section 171.18 would be removed and reserved in order to delete an
obsolete section concerning registrations filed with the Bureau of
Explosives.
Section 171.19
RSPA proposes to revise Sec. 171.19 to terminate all remaining
Bureau of Explosives (BOE) approvals, other than those made under
approval provisions in Part 179. Since 1979, approvals, authorizations
and registrations issued by the BOE have continued in effect as if
issued by the Associate Administrator for Hazardous Materials Safety.
Over the years, the regulations on which these BOE approvals were based
have been revised or eliminated. The majority of these BOE approvals
have been converted to approvals issued by the Associate Administrator
for Hazardous Materials Safety (AAHMS). RSPA believes that the
remaining BOE approvals are obsolete and proposes to terminate them.
Any person holding a BOE approval who is affected by this termination
may file a request for issuance of a new approval by the AAHMS.
Part 172
Section 172.101
RSPA proposes to add two new entries to the Hazardous Materials
Table (HMT) and to amend two current entries.
To clarify that both the aerosol and non-aerosol self-defense
sprays are subject to the regulations, RSPA proposes to add two new
entries, ``Self-defense sprays, aerosol containing not more than 2%
tear gas substances, see Aerosols'' and ``Self-defense sprays, non-
pressurized, containing not more than 2 percent tear gas substances''
to the HMT. The Federal Aviation Administration (FAA) has encountered
numerous problems with airline passengers attempting to carry on their
persons self-defense sprays, such as mace and pepper spray, having an
irritating or incapacitating effect. The Federal Aviation Regulations
(14 CFR 107.21 and 108.11) prohibit the possession of ``deadly or
dangerous weapons'' on one's person or in carry-on baggage aboard
aircraft. ``Deadly or dangerous weapons'' include disabling or
incapacitating items such as tear gas, mace, pepper spray and similar
chemicals and gases. The spray from these devices is released from
either an aerosol or a pump. The aerosol type sprays are to be
transported as aerosols. The HMT currently includes the entry, ``Tear
gas devices, with not more than 2 percent tear gas substances, by
mass,'' which references the entry for aerosols. RSPA is aware of
misunderstanding as to how these materials are classed and described
under the HMR. Both definitions for Class 6 and Class 9 address
irritating materials, but do not specify criteria. Also, there is no
specific entry for devices that are not aerosols. In cases where the
substance contained in a device does not meet the criteria of any of
Classes 1 through 8,
[[Page 50223]]
there has been uncertainty as to whether they are subject to the
regulations.
RSPA regards self-defense sprays which do not meet toxicity
criteria for Class 6 as meeting the criterion for Class 9 given in
Sec. 173.140 (i.e., they could cause extreme annoyance or discomfort to
a flight crew member so as to prevent the correct performance of
assigned duties) and is adding an entry in the HMT to regulate them for
transportation by aircraft only.
Consistent with the entry for ``Tear gas devices, with not more
than 2 percent tear gas substances, by mass,'' RSPA proposes to add a
new entry ``Self-defense sprays, aerosol containing not more than 2%
tear gas substances,'' which will refer to aerosols. RSPA also proposes
to add a new entry ``Self-defense sprays, non-pressurized, containing
not more than 2 percent tear gas substances,'' Class 9, which would be
assigned the identification number NA3334. This number corresponds to a
newly created UN entry, UN3334, ``Aviation regulated liquid, n.o.s.''
which RSPA will propose for inclusion in the HMR in a later proposal to
implement changes introduced in the tenth revised edition of the UN
Recommendations. Related changes are proposed to Sec. 171.8 to add a
definition for self-defense sprays and to Sec. 175.10 to clarify that
these items are not allowed to be carried in the passenger compartment
of an aircraft and provide for carriage of a device by a passenger in
checked baggage.
RSPA proposes to amend the entry, ``Detonators, non-electric for
blasting,'' UN0455 in Column (8A), by correcting the erroneous
reference ``none'' for packaging exceptions to read ``63(f), 63(g).''
RSPA proposes to amend the entry ``Trifluoroacetyl chloride'' by
adding Special Provision ``B7'' to Column (7). Multi-unit tank car
tanks, containing ``Trifluoroacetyl chloride,'' are authorized to be
fitted with fusible plugs in accordance with Sec. 179.300-15. A
petitioner (P-1254), stating that it is the primary supplier and
shipper of ``Trifluoroacetyl chloride'' in the United States, requested
that the entry be amended by adding, in Column (7), Special Provision
B7. Special Provision B7 prohibits the use of pressure relief devices
on multi-unit tank car tanks and requires openings for relief devices
to be plugged or blank flanged. The petitioner stated that past
experience has shown that fusible plugs used on cylinders in
``Trifluoroacetyl chloride'' service are more likely to corrode or to
be mishandled when compared to solid steel plugs. In addition, the
petitioner stated that packagings used to contain other similar
poisonous by inhalation hazardous materials do not allow the use of
fusible plugs and that the use of pressure relief devices on cylinders
containing ``Trifluoroacetyl chloride'' is prohibited. RSPA believes
the petitioner's request has merit and proposes to amend the entry
``Trifluoroacetyl chloride,'' in Column (7), by adding ``B7'' to ensure
the safe transportation of this material in multi-unit tank car tanks.
Section 173.32c
RSPA proposes to revise paragraph (j) to allow monolithic solid
materials to be loaded into IM portable tanks to a filling density of
less than 80 percent by volume. Paragraph (j) currently specifies that
an IM portable tank, or compartment thereof, having a volume greater
than 7,500 liters may not be loaded to a filling density less than 80
percent by volume. This provision was intended to cover liquid and
flowable solid hazardous materials in order to minimize the risk of
accidents resulting from the sloshing and shifting of the center of
gravity. A monolithic solid material which conforms to the tank
geometry, such that the sloshing and shifting of the center of gravity
is not possible, can be safely transported in an IM portable tank at a
filling density of less than 80 percent by volume.
Section 173.40
Paragraph (d)(1) would be revised to clarify that a box, used to
provide protection for the cylinder and, unless the cylinder has a
protective collar or neck ring, protection to the valve against
accidental functioning and damage, must be made of wood, fiberboard or
plastic rather than made to a specific UN standard. This proposed
change would be consistent with similar provisions in Sec. 173.301
(g)(2) and (k) that permits a nonspecification box to be used for
protection of the cylinder or valve.
Section 173.56
RSPA proposes to add new paragraphs (b)(1) (i) and (ii) to
authorize a person approved by the Associate Administrator for
Hazardous Materials Safety (AAHMS) to examine and make recommendations
on the classification of explosives. The proposed paragraphs set out
the criteria that a person must meet and demonstrate to qualify for
approval to examine explosives and make recommendations to RSPA
regarding appropriate shipping descriptions, divisions and
compatibility groups. A person applying for this approval and a person
who has obtained such an approval must meet all the criteria in
paragraphs (b) (i) and (ii) and the provisions in Subpart H of Part
107. The person applying for this approval must demonstrate that the
applicant is a resident of the United States; does not manufacture
explosives; is not controlled by, or financially dependent upon, any
entity that manufactures or markets explosives; does not perform any
type of work in the explosives industry other than testing for
determination of hazard class or performance; and is or employs a
person who will sign examination and test reports and make
recommendations for classifications to the AAHMS and who has at least
ten years experience in the examination, testing and evaluation of
explosives. To demonstrate compliance with each of these criteria,
appropriate documentation must be submitted to the AAHMS. RSPA requests
comments on all of the criteria, and in particular, the requirement for
ten years' experience.
RSPA also proposes to revise paragraph (i) by removing wording
including the phrase ``following examination in accordance with
paragraph (h) of this section.'' This proposed change will facilitate
the classification of a material or device without prior examination
when adequate data is available.
Section 173.156
Paragraph (b)(1) grants an exception from the marking requirements
in Sec. 172.316 for ORM-D materials when unitized in cages, carts,
boxes or similar overpacks and when certain other conditions are met.
As Sec. 172.316 primarily addresses the required format to display the
ORM-D marking, a number of inquiries have been directed to RSPA
requesting guidance as to whether the exception in Sec. 173.156(b)(1)
provides relief from the requirement to mark the proper shipping name,
also. RSPA does not require the proper shipping name or other markings
on packages specified in Subpart D of Part 172 to appear on cages,
carts, boxes or similar overpacks containing ORM-D materials that are
offered for transportation or transported according to
Sec. 173.156(b)(1). To remove that ambiguity, RSPA proposes to revise
Sec. 173.156(b)(1) by specifically stating that the marking
requirements of Subpart D of Part 172 do not apply.
Section 173.308
RSPA proposes to revise paragraph (b), which contains an exception
from the requirements of Parts 172 and 177, for transporting up to
1,500 cigarette lighters on one motor vehicle by highway. The revision
would clarify
[[Page 50224]]
that only the hazard communication requirements in Subparts C through G
and the training requirements in Subpart H are excepted with respect to
Part 172. RSPA has received several inquiries as to whether Special
Provision N10 applies if Part 172 is excepted. The provisions set forth
in Special Provision N10 apply. As stated in Sec. 172.102(a)(2), if a
special provision imposes limitations or requirements in addition to
the packaging provisions referenced in Column 8 of the Sec. 172.101
Table (e.g., Sec. 173.308), packagings must conform to the requirements
of the special provision. RSPA also is proposing to require that the
outer packaging be marked with the required proper shipping name in the
Sec. 172.101 Hazardous Materials Table or with the words ``CIGARETTE
LIGHTERS'' and the total number of devices contained in the package.
This marking will more effectively communicate the presence of these
hazardous materials during transport and will provide a carrier with
the information necessary to determine if the exceptions from Part 172
(hazard communication and training requirements) and Part 177
requirements apply.
Section 173.469
In paragraph (a)(4)(i), the value of 1.3 x 10-24 would
be amended to read 1.3 x 10-4 in order to correct a
printing error.
Part 175
Section 175.10
RSPA proposes to amend this section by revising paragraph (a)(4) to
clarify that all types of self-defense sprays are prohibited from being
transported by air in a passenger compartment, either on one's person
or in carry-on baggage. However, one self-defense device, not exceeding
118 ml (4 fluid ounces) per passenger, would be allowed in checked
baggage, provided the device incorporates a positive means to prevent
accidental discharge. Also see earlier preamble discussion to
Secs. 171.8 and 172.101. This revision also would clarify that the
quantity limits in paragraphs (a)(4)(i) and (a)(4)(ii) apply to both
medicinal and toilet articles and to Division 2.2 aerosols for sporting
or home use.
Section 175.25
Paragraph (a) requires that aircraft operators display notices
warning passengers against carrying undeclared hazardous materials
aboard aircraft, in their luggage or on their persons. The notice
wording, in paragraph (a)(1), contains obsolete information on the
statutory citation and the penalties. To reflect codification of the
Federal hazardous material transportation law under 49 U.S.C. 5101-
5127, RSPA proposes to revise the citation ``(49 U.S.C. 1809)'' to read
``(49 U.S.C. 5124)''. In addition, current paragraph (a)(1) states that
each notice must state, `` A violation can result in penalties of up to
$25,000 and five years'' imprisonment (49 U.S.C. 1809).'' In 1990,
Congress amended the Federal hazardous materials transportation law to
increase criminal penalties from $25,000 to penalties provided by Title
18 of the United States Code. Title 18 provides for fines of $250,000
for individuals and $500,000 for companies. RSPA believes that the cost
to change the notices each time the penalty amount is increased is
unnecessarily burdensome for aircraft operators. Therefore, RSPA
proposes to amend the wording required in the notice to state that a
violation can result in five years' imprisonment and penalties of
$250,000 or more (49 U.S.C. 5124). In addition, a new paragraph (a)(4)
would be added to allow aircraft operators to display existing notices
containing the obsolete language until January 1, 2002.
RSPA proposes, also, to lower the quantity limit for medicinal and
toilet articles carried in a passenger's luggage from 75 ounces to 70
ounces, consistent with the exception provided in Sec. 175.10(a)(4)(i).
Section 175.26
This section requires each person who engages in the acceptance or
transport of cargo for transportation by aircraft to display a notice,
to persons offering such cargo, of the applicable requirements for
hazardous materials aboard aircraft. RSPA proposes to amend the wording
required in the notice to state that a violation can result in five
years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
In addition, a new paragraph (a)(4) would be added to allow each person
who accepts or transports cargo for transportation by aircraft to
display existing notices containing the obsolete language until January
1, 2002.
Part 177
Section 177.834
RSPA proposes to permit an IM portable tank to be unloaded while
remaining on a transport vehicle with the power unit attached if the
tank meets the outlet requirements in Sec. 178.345-11 and the IM
portable tank is attended during the unloading, as currently required
for cargo tank motor vehicles under Sec. 177.834(i). The last sentence
in paragraph (h) would be revised to permit the unloading of an IM
portable tank without being removed from the motor vehicle. A new
paragraph (o) would contain the tank outlet requirement and require
compliance with the attendance requirements in paragraph (i). Section
171.8 defines a portable tank as a ``bulk packaging (except a cylinder
having a water capacity of 1,000 pounds or less) designed primarily to
be loaded onto, or on, or temporarily attached to a transport vehicle
or ship and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means * * * '' Thus,
portable tanks are not intended to be filled or emptied while attached
to a transport vehicle or a ship during transportation. This is in
contrast with the definition of a cargo tank which states ``* * *
which, by reason of its size, construction or attachment to a motor
vehicle is loaded or unloaded without being removed from the motor
vehicle.'' Because of the size and weight of many fully loaded IM
portable tanks, there are increasing demands to unload these portable
tanks while they remain on the transport vehicle with the power unit
attached. RSPA believes that requiring consignees to have hoisting
equipment at their unloading facilities and requiring a fully loaded
portable tank to be removed from the vehicle is more burdensome and
less safe than allowing the tank to remain on the vehicle during
unloading.
Section 177.848
Based on a Federal Highway Administration initiative, in the
paragraph (f) Compatibility Table for Class 1 (Explosive) Materials,
the entry ``4'' for compatibility groups B and D suggests that all
items in groups B and D may be transported together. Groups B and D are
not compatible. However, a domestic exception (4) is allowed for
Detonators when they are transported in accordance with restrictions in
Sec. 177.835(g). To avoid the possibility of incompatible explosives
being transported together, RSPA proposes to clarify the restriction by
replacing the entry ``4'' with the entry ``X(4)''.
Part 178
Section 178.65
Paragraph (i)(2)(viii)(A) is revised to update the citation ``49
U.S.C. 1809'' to read ``49 U.S.C. 5124.''
Sections 178.352 through 178.364
Several specification packaging requirements for radioactive
materials
[[Page 50225]]
contain obsolete section references. RSPA proposes to update these
section references.
Part 180
Section 180.405
The regulations at Sec. 173.33(b)(1), in effect prior to December
31, 1990, read: ``A cargo tank of the specification listed in Column 1
may be used when authorized in this part, provided the tank
construction began before the date in Column 2.'' This provision
applied to MC 300, 301, 302, 303, 304, 305, 310, 311 and 330 cargo tank
motor vehicles. RSPA proposes to revise paragraph (c)(1) to recognize
that the date marked on these older cargo tanks was the date initial
construction began rather than the date construction was completed.
This proposed wording also is consistent with the wording in paragraph
(b) of this section.
In addition, paragraph (f) would be revised to allow the continued
use of a cargo tank equipped with a self-closing system before
September 1, 1993, but remarked and certified after that date.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and, therefore, was
not reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034).
The costs and benefits asociated with this proposed rule are
considered to be so minimal as to not warrant preparation of a
regulatory impact analysis or regulatory evaluation. This determination
may be revised as a result of public comment.
B. Executive Order 12612
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism''). Federal law expressly preempts State, local, and
Indian tribe requirements applicable to the transportation of hazardous
material that cover certain subjects and are not substantively the same
as the Federal requirements. 49 U.S.C. 5125(b)(1). These 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 those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
This proposed rule concerns the classification, packaging, marking,
labeling, and handling of hazardous material, among other covered
subjects.
If adopted as final, this rule would preempt any State, local, or
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR
107.202(d)) as the Federal requirements.
Federal law (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
requests comments on what the effective date of Federal preemption
should be for the requirements in this proposed rule that concern
covered subjects.
C. Regulatory Flexibility Act
This proposed rule would amend miscellaneous provisions in the HMR,
generally to clarify those provisions and to relax requirements that
are overly burdensome. The proposed changes in this rule are generally
intended to provide relief to shippers, carriers, and packaging
manufacturers, some of whom are small entities (e.g., governmental
jurisdictions and not-for-profit organizations). The costs and benefits
associated with this proposed rule are considered to be so minimal as
to not warrant preparation of a regulatory impact analysis or
regulatory evaluation. Therefore, I certify that this proposal will
not, if promulgated, have a significant economic impact on a
substantial number of small entities.
D. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no person is required to
respond to a collection of information unless it displays a valid OMB
control number. This NPRM does not propose any new information
collection burdens. Information collection requirements addressing the
approval of explosives in Sec. 173.56 are currently approved under OMB
approval number 2137-0557. This approval expires July 31, 1999.
E. 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.
F. Unfunded Mandates Reform Act
This proposed 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.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labels,
Markings, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 175
Hazardous materials transportation, Air carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
[[Page 50226]]
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 49 CFR chapter I is proposed to
be amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS AND DEFINITIONS
1. The authority citation for part 171 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127, 49 CFR 1.53.
Sec. 171.7 [Amended]
2. In the Sec. 171.7(a)(3) Table, under ``Association of American
Railroads'', for the entry ``AAR Manual of Standards and Recommended
Practices, Section C--Part III, Specifications for Tank Cars,
Specification M-1002'', the date ``September 1992'' would be revised to
read ``January 1996''.
3. In Sec. 171.8, the following definition is added in the
appropriate alphabetical order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Self-defense spray means an aerosol or non-pressurized device
containing a material:
(1) Intended to have an irritating or incapacitating effect on a
person or animal, but not more than 2 percent by mass, of a tear gas
substance; and
(2) Meeting no hazard criteria other than Sec. 173.132(a)(2) or
Sec. 173.140(a) of this subchapter and, for an aerosol, Division 2.1 or
2.2.
* * * * *
Sec. 171.8 [Amended]
4. In addition, in Sec. 171.8, for the definition ``Marine
pollutant'', in the first sentence, the wording ``this subchapter
and,'' would be removed and ``this subchapter (also see Sec. 171.4)
and,'' would be added in its place.
Sec. 171.18 [Removed and Reserved]
5. Section 171.18 would be removed and reserved.
6. Section 171.19 would be revised to read as follows:
Sec. 171.19 Approvals or authorizations issued by the Bureau of
Explosives.
Effective [90 days from the effective date of the Final Rule], all
approvals or authorizations issued by the Bureau of Explosives (BOE),
other than as authorized in part 179 of this subchapter, are no longer
valid.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
7. The authority citation for part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
8. In Sec. 172.101, the Hazardous Materials Table would be amended
by adding the following entries, in appropriate alphabetical order, to
read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
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 Cargo
proper shipping division Exceptions Non-bulk Bulk aircraft/ aircraft Location Other
names rail only
(1) (2)............. (3) (4)............ (5)........ (6)............. (7)........ (8A)....... (8B)....... (8C)....... (9A)....... (9B)....... (10A)...... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
[ADD]
xl[ADD].........
Self-defense .......... ............... ........... ................ ........... ........... ........... ........... ........... ........... ........... ..........
sprays, .......
aerosol,
containing not
more than 2%
tear gas
substances, see
Aerosols, etc.
+AD........ Self-defense 9 NA3334......... III........ 9............... ........... 155........ 203........ None....... No limit... No limit... ........... ..........
sprays, non- .......
pressurized,
containing not
more than 2%
tear gas
substances.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 172.101 [Amended]
9. In addition, in Sec. 172.101, in the Hazardous Materials Table,
the following changes would be made:
a. For the entry, ``Detonators, non-electric for blasting.'',
UN0455, in Column (8A), the reference ``none'' would be revised to read
``63(f), 63(g)''.
b. For the entry ``Trifluoroacetyl chloride'', in Column (7),
Special Provision ``B7,'' would be added immediately following ``2,''.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
10. The authority citation for part 173 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.45, 1.53.
11. In Sec. 173.32c, paragraph (j) would be revised to read as
follows:
Sec. 173.32c Use of Specification IM portable tanks.
* * * * *
(j) An IM portable tank or compartment thereof, having a volume
greater than 7,500 liters, may not be loaded with hazardous material
liquid or nonmonolithic solids to a filling density less than 80
percent by volume.
* * * * *
Sec. 173.40 [Amended]
12. In Sec. 173.40, in paragraph (d)(1), in the first sentence, the
wording ``4C1, 4D, 4F, 4G, 4H1 or 4H2 box'' is removed and ``wood,
fiberboard or plastic box'' is added in its place.
[[Page 50227]]
13. In Sec. 173.56, paragraph (b)(1) would be revised to read as
follows:
Sec. 173.56 New explosives--definition and procedures for
classification and approval.
* * * * *
(b) * * *
(1) Except for explosives made by or under the direction or
supervision of the Departments of Defense or Energy, a new explosive
must:
(i) Be examined and assigned a recommended shipping description,
division and compatibility group, based on the tests and criteria
prescribed in Secs. 173.52, 173.57 and 173.58, by a person who--
(A) Is a resident of the United States;
(B) Has (directly or through an employee) at least ten years of
experience in the examination, testing and evaluation of explosives;
(C) Does not manufacture or market explosives, and is not
controlled by or financially dependent on any entity that manufactures
or markets explosives, and whose work with respect to explosives is
limited to examination, testing and evaluation; and
(D) Is approved by the Associate Administrator for Hazardous
Materials Safety under the provisions of subpart H of part 107 of this
chapter.
(ii) Receive a written approval and EX-number from the Associate
Administrator for Hazardous Materials Safety. A person requesting
approval of a new explosive must submit to the Associate Administrator
for Hazardous Materials Safety a report of examination and assignment
of recommended shipping description, division, and compatibility group
prepared in accordance with paragraph (b)(1)(i) of this section.
* * * * *
Sec. 173.56 [Amended]
14. In addition, in Sec. 173.56, in paragraph (i), the wording ``,
following examination in accordance with paragraph (b) of this section,
revise its'' would be removed and the wording ``make a'' would be added
in its place.
15. In Sec. 173.156, paragraph (b)(1) introductory text would be
revised to read as follows:
Sec. 173.156 Exceptions for ORM materials.
* * * * *
(b) * * *
(1) Strong outer packagings as specified in this part, marking
requirements specified in subpart D of Part 172 of this subchapter, and
the 30 kg (66 pounds) gross weight limitation are not required for
materials classed as ORM-D when--
* * * * *
16. In Sec. 173.308, paragraph (b) would be revised to read as
follows:
Sec. 173.308 Cigarette lighter or other similar device charged with
fuel.
* * * * *
(b) When no more than 1,500 devices covered by this section are
transported in one motor vehicle by highway, the requirements of
subparts C through H of part 172, and part 177 of this subchapter do
not apply. However, each person who offers for transportation or
transports the devices or prepares the devices for shipment must be
informed of the requirements of this section. The outer packaging, as
specified in Special Provision N10 of Sec. 172.102(c)(5) of this
subchapter, must be plainly and durably marked with the required proper
shipping name specified in Sec. 172.101 of this subchapter or the words
``CIGARETTE LIGHTERS'' and the number of devices contained in the
package.
* * * * *
Sec. 173.469 [Amended]
17. In Sec. 173.469(a)(4)(i), in the second sentence, the
mathematical expression ``(1.3 x 10-24'' would be removed
and ``(1.3 x 10-4'' would be added in its place.
PART 175--CARRIAGE BY AIRCRAFT
18. The authority citation for part 175 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
19. In Sec. 175.10, paragraph (a)(4) would be revised to read as
follows:
Sec. 175.10 Exceptions.
(a) * * *
(4) When carried by a passenger or crew member for personal use,
the following materials that, in the aggregate, do not exceed 2kg (4.4
pounds) by mass or 2 liters (68 fluid ounces) by volume and where the
capacity of each container does not exceed 0.5kg (1.1 pounds) by mass
or 470 ml (16 fluid ounces) by volume are subject to the following
conditions:
(i) Non-radioactive medicinal and toilet articles (including
aerosols), may be carried in checked or carry-on baggage
(ii) One self-defense spray (see Sec. 171.8 of this subchapter),
not exceeding 118 ml (4 fluid ounces) by volume, that incorporates a
positive means to prevent accidental discharge may be carried in
checked baggage only
(iii) Other aerosols in Division 2.2 with no subsidiary risk may be
carried in checked baggage only.
* * * * *
20. In Sec. 175.25, in paragraph (a)(1), the second and fifth full
paragraphs of the notice would be revised and a new paragraph (a)(4)
would be added to read as follows:
Sec. 175.25 Notification at air passenger facilities of hazardous
materials restrictions.
(a) * * *
(1) * * *
A violation can result in five years' imprisonment and penalties
of $250,000 or more (49 U.S.C. 5124).
* * * * *
There are special exceptions for small quantities (up to 70
ounces total) of medicinal and toilet articles carried in your
luggage and certain smoking materials carried on your person.
* * * * *
(4) Notwithstanding the requirements of paragraph (a)(1) of this
section, a notice with the wording ``A violation can result in
penalties of up to $25,000 and five years imprisonment. (49 U.S.C.
1809)'' may be used until December 31, 2001.
* * * * *
21. In Sec. 175.26, paragraph (a)(2) is revised and a new paragraph
(a)(4) is added to read as follows:
Sec. 175.26 Notification at cargo facilities of hazardous materials
requirements.
(a) * * *
(2) A violation can result in five years' imprisonment and
penalties of $250,000 or more (49 U.S.C. 5124).
* * * * *
(4) Notwithstanding the requirements of paragraph (a)(2) of this
section, a notice with the wording ``A violation can result in
penalties of up to $25,000 and five years imprisonment (49 U.S.C.
1809)'' may be used until December 31, 2001.''
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
22. The authority citation for part 177 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 177.834 [Amended]
23. In Sec. 177.834, in paragraph (h), in the next to the last
sentence, the wording ``cargo tank'' would be removed and the wording
``cargo tank or IM portable tank'' would be added in its place and a
new paragraph (o) would be added to read as follows:
Sec. 177.834 General requirements.
* * * * *
(o) Unloading of IM portable tanks. An IM portable tank may be
unloaded
[[Page 50228]]
while remaining on a transport vehicle with the power unit attached if
the tank meets the outlet requirements in Sec. 178.345-11 of this
subchapter and the tank is attended by a qualified person during the
unloading in accordance with the requirements in paragraph (i) of this
section.
Sec. 177.848 [Amended]
24. In Sec. 177.848, in paragraph (f) in the Compatibility Table
for Class 1 (Explosive) Materials, for compatibilty group B, under the
column headed ``D'' and for compatibility group D, under the column
headed ``B'', the entry ``4'' would be removed and ``X(4)''
would be added in both places.
PART 178--SPECIFICATIONS FOR PACKAGINGS
25. The authority citation for part 178 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.352-4 [Amended]
26. In Sec. 178.352-4, at the end of the section, the section
reference ``Sec. 178.103(3)(c)(1)'' would be revised to read
``Sec. 178.352-3(c)(1)''.
Sec. 178.354-2 [Amended]
27. In Sec. 178.354-2, in the first sentence of paragraph (a), the
section reference ``Sec. 178.104-5'' would be revised to read
``Sec. 178.354-5''.
Sec. 178.354-3 [Amended]
28. In Sec. 178.354-3, in paragraph (c) introductory text, the
section reference ``Sec. 178.104-3(a)(1)'' would be revised to read
``paragraph (a)(1) of this section''.
Sec. 178.354-5 [Amended]
29. In Sec. 178.354-5, in paragraph (a), the wording ``Sec. 173.24
of this chapter'' would be revised to read ``Sec. 178.3''.
Sec. 178.356-4 [Amended]
30. In Sec. 178.356-4, in paragraph (a), the wording ``Sec. 173.24
of this subchapter'' would be revised to read ``Sec. 178.3''.
Sec. 178.358-3 [Amended]
31. In Sec. 178.358-3, the following changes would be made:
a. In paragraph (b)(6), the section reference ``Sec. 178.121-5(c)''
would be revised to read ``Sec. 178.358-5(c)''.
b. In paragraph (c), the section reference ``Sec. 178.121-5(b)''
would be revised to read ``Sec. 178.358-5''.
Sec. 178.358-5 [Amended]
32. In Sec. 178.358-5, in paragraph (a), the wording ``Sec. 173.24
of this subchapter'' would be revised to read ``Sec. 178.3''.
Sec. 178.360-2 [Amended]
33. In Sec. 178.360-2, the section reference ``Sec. 178.34-4''
would be revised to read ``Sec. 178.360-4''.
Sec. 178.362-3 [Amended]
34. In Sec. 178.362-3, in paragraph (b), the section reference
``Sec. 178.104-4'' would be revised to read ``178.354-4''.
Sec. 178.364-5 [Amended]
35. In Sec. 178.364-5, in paragraph (a), the wording ``Sec. 173.24
of this subchapter'' would be revised to read ``Sec. 178.3''.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
36. The authority citation for part 180 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
37. In Sec. 180.405, paragraph (c)(1) would be revised, paragraph
(f)(7) would be redesignated as paragraph (f)(8) and new paragraph
(f)(7) would be added to read as follows:
Sec. 180.405 Qualification of cargo tanks.
* * * * *
(c) * * *
(1) A cargo tank made to a specification listed in Column 1 of
Table 1 or Table 2 of this paragraph (c)(1) may be used when authorized
in this part, provided--
(i) The cargo tank initial construction began on or before the date
listed in Table 1, Column 2, as follows:
Table 1
------------------------------------------------------------------------
Column 1 Column 2
------------------------------------------------------------------------
MC 300................................. Sept. 2, 1967.
MC 301................................. June 12, 1961.
MC 302, MC 303, MC 304, MC 305, MC 310, Sept. 2, 1967.
MC 311.
MC 330................................. May 15, 1967.
------------------------------------------------------------------------
(ii) The cargo tank was marked or certified before the date listed
in Table 2, Column 2, as follows:
Table 2
------------------------------------------------------------------------
Column 1 Column 2
------------------------------------------------------------------------
MC 306, MC 307, MC 312................. Sept. 1, 1995.
------------------------------------------------------------------------
* * * * *
(f) * * *
(7) A cargo tank remarked and certified in conformance with this
paragraph (f) is excepted from the provisions of paragraph (c) of this
section.
* * * * *
Issued in Washington, DC on September 16, 1997, under authority
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 97-24973 Filed 9-23-97; 8:45 am]
BILLING CODE 4910-60-P
