[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Proposed Rules]
[Pages 53166-53178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25395]
[[Page 53165]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Parts 171, et al.
Hazardous Materials; Miscellaneous Amendments; Proposed Rule
Federal Register / Vol. 64, No. 189 / Thursday, September 30, 1999 /
Proposed Rules
[[Page 53166]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 175, 177, 178, 179 and 180
[Docket No. RSPA-99-6213 (HM-218)]
RIN 2137-AD16
Hazardous Materials; Miscellaneous Amendments
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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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 29, 1999.
ADDRESSES: Submit written comments to the Dockets Management System,
U.S. Department of Transportation, 400 Seventh Street, SW, Washington,
DC 20590-0001. Comments should identify Docket Number RSPA-99-6213 and
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 to the docket electronically
by logging onto the Dockets Management System website at http://
dms.dot.gov. Click on ``Help & Information'' to obtain instructions for
filing the document electronically. In every case, the comment should
refer to the Docket number ``RSPA-99-6213''.
The Dockets Management System is located on the Plaza Level of the
Nassif Building, at the above address. Public dockets may be reviewed
at the address above between the hours of 9:00 a.m. to 5:00 p.m.,
Monday through Friday, excluding Federal holidays. In addition, the
NPRM and all comments can be reviewed on the Internet by accessing the
Hazmat Safety Homepage at ``http://hazmat.dot.gov.''
FOR FURTHER INFORMATION CONTACT: Charles Betts or Diane LaValle, 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 NPRM is designed primarily to reduce regulatory burden 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.
Section-by-Section Review
Part 171
Section 171.7
RSPA proposes to update the incorporation by reference of the
American Society of Mechanical Engineers (ASME) Code to the 1998
Edition. Currently, the 1992 Edition and the Addenda through December
31, 1993 are incorporated by reference. After a review, RSPA believes
that the 1998 Edition should be incorporated by reference. However, at
this time RSPA is not proposing to adopt any Addenda to the 1998
Edition of the ASME Code because we have not fully reviewed them.
Section 171.8
The definition for ``Aerosol'' would be revised to remove reference
to a ``metal'' receptacle to align the HMR with the UN Recommendations.
RSPA proposes to revise the definition for ``EX number.''
Currently, the definition states that an EX number is assigned by the
Associate Administrator for Hazardous Materials Safety (AAHMS) to
identify an explosive which has been approved. However, RSPA presently
assigns EX numbers to track materials evaluated by the AAHMS under the
provisions of Sec. 173.56, regardless of whether or not they are
approved under a different hazard class.
The definition for ``Placarded car'' would be revised to remove
reference to a ``FUMIGATION placard.'' As used in the HMR, a railcar
containing lading which has been fumigated or is undergoing fumigation
is required to display the ``FUMIGANT marking'' shown in Sec. 173.9.
Section 171.11
RSPA is proposing to remove paragraph (d)(5), which requires the
identification of a poison material on the shipping paper. The
International Civil Aviation Organization (ICAO) Technical Instruction
already requires the shipping paper to identify subrisks and RSPA
believes paragraph (d)(5) is unnecessary. RSPA is proposing to add a
new paragraph (d)(5) to require that the original approval (EX) number
or traceable product code issued to an air bag inflator or seat-belt
pretensioner be entered on the shipping paper in association with the
basic description, as specified in Sec. 173.166 (c). Currently,
shipping papers for devices offered under the ICAO Technical
Instruction are not required to contain the EX number or product code
for an approved inflator or pretensioner. RSPA believes this shipping
paper provision should include air bags or seat-belt pretensioners when
offered and transported in the United States under the authority of
international regulations. Devices containing a pressure vessel and
transported as Division 2.2 (UN3353) would be excluded from this
shipping paper notation requirement. In addition, paragraph (d)(14)
would be revised to clarify that ``Aerosols'' transported in the U.S.
under the provisions of the ICAO Technical Instructions must be in
metal packagings if the packaging exceeds 7.22 cubic inches.
Section 171.12
RSPA is proposing to revise paragraph (a) to clarify that the
shipping paper documentation required under the International Maritime
Dangerous Goods Code (IMDG) or International Atomic Energy Agency
(IAEA) must be written in English as currently required by
Sec. 172.201(a)(2). Similar to the proposed change to Sec. 171.11
above, RSPA proposes to add paragraph (b)(5) to require that the
approval (EX) number or traceable product code be entered on shipping
papers for airbag inflators and seat belt pretensioners offered under
the International Maritime Dangerous Goods (IMDG) Code.
Part 172
Section 172.101
Paragraphs (b)(2) and (b)(6) would be revised to clarify that
proper shipping names denoted with an ``A'' or ``W'' in Column (1), in
the HMT, may be used to describe hazardous materials transported by all
modes when all applicable requirements are met.
RSPA proposes to remove paragraph (c)(8), which is specific to
determining
[[Page 53167]]
a proper shipping description for hazardous substances as it is
redundant with Sec. 172.101(c).
Paragraph (c)(8) would be replaced to allow the words ``liquid'' or
``solid'' to be added to a proper shipping name when a hazardous
material specifically listed by name may due to differing physical
states be a liquid or solid. This is consistent with existing
provisions in the UN Recommendations, the ICAO TI and the IMDG Code.
The entry ``Chemical kits or First aid kits (containing hazardous
materials)'' would be separated into two individual entries for easier
reference. In addition, the wording ``(containing hazardous
materials)'' is unnecessary and would be removed.
The entry `` 1-chloro-3-bromopropane'' would be changed to read
``1-bromo-3-chloropropane'' to be in accordance with the UN
Recommendations.
A new entry ``Fumigated transport vehicle or freight container, see
Sec. 173.9'' would be added to reference Sec. 173.9 which contains
requirements for transporting fumigated lading. This change would
facilitate the location of these requirements by readers.
For the entries, ``Polychlorinated biphenyls, liquid'' and
``Polychlorinated biphenyls, solid,'' UN2315, in Column 1, the symbols
``A, W'' would be removed and a new Special Provision 140 would be
added in Column 7. Special Provision 140 would state that the material
is only regulated when it meets the defining criteria for a hazardous
substance or a marine pollutant.
For the entry ``Air, compressed,'' Special Provision 78 would be
added in Column 7 to specify that only mixtures with not more than 23.5
percent oxygen may be transported under this entry. An OXIDIZER label
is not required for mixtures containing not more than 23.5 percent
oxygen. This change will align the HMR with a recent amendment adopted
in the eleventh revised edition of the UN Recommendations. In addition,
for the entry ``Rare gases and oxygen mixtures, compressed,'' Special
Provision 79 would be added to state that this entry may not be used
for mixtures meeting the criteria for oxidizing gas in Sec. 171.8. RSPA
believes that it is more appropriate to use a generic oxidizing gas
entry (i.e., Compressed gas, oxidizing, n.o.s.) when such mixtures meet
the criteria of an oxidizing gas.
For the entry, ``Sodium chlorate, aqueous solution,'' PG II,
Special Provision ``B6'' would be removed. It was pointed out to RSPA
that similar entries (Potassium chlorate, aqueous solution and
Chlorates, inorganic, aqueous solution) are not assigned this Special
Provision. RSPA agrees that the Special Provision was mistakenly
assigned.
In response to comments submitted by the Vessel Operators Hazardous
Materials Association (VOHMA), in response to the NPRM of HM-215C, RSPA
is proposing to revise a number of HMT entries with inconsistently
applied Codes 34 and 95 in column 10B. These codes pertain to
segregation of Division 2.3 and 6.1 and Class 8 hazardous materials
with foodstuffs. These changes will align the HMR with the IMDG Code.
In total, there are twenty (20) deletions of Code 95, nine (9)
additions of Code 95, three (3) changes from Code 34 to 95, and three
(3) deletions of Code 34 from Column 10B.
Section 172.102
In paragraph (c)(1), a new Special Provision 78 would be added to
specify that the entry ``Air, compressed'' may not be used to describe
compressed air which contains more than 23.5% of oxygen. This change
would align the HMR with a recent amendment adopted in the eleventh
revised edition of the UN Recommendations. In addition, a new Special
Provision 79 would be added to specify that the entry ``Rare gases and
oxygen mixtures, compressed'' may not be used for gas mixtures which
meet the criteria for an oxidizing gas. This change would ensure that
the correct emergency response information is provided for mixtures
which meet the criteria for oxidizing gas. We are also proposing to add
a new Special Provision 140 to the entries ``Polychlorinated biphenyls,
liquid'' and ``Polychorinated biphenyl, solid,'' UN 2315 to state that
the material is only regulated when it meets the defining criteria for
a hazardous substance or marine pollutant. This change would be
consistent with international regulations.
We propose, in paragraph (c)(5), to revise Special Provision N10
regarding lighters. Currently, approvals for lighters require the
approval number to be marked on the package and on the shipping papers.
We believe that this requirement should be contained in the
regulations.
Section 172.201
Paragraph (a)(1)(ii) would be revised to clarify that when a
reproduced shipping paper identifies hazardous materials entries by
highlighting the basic description in a contrasting color, the packing
group must be highlighted. The packing group is identified as a basic
description element by Sec. 172.202(a)(4) and (b).
Section 172.204
For consistency with paragraphs (a)(1), (a)(2) and the ICAO
Technical Instructions, paragraph (c)(1) would be revised to change the
word ``packed'' to read ``packaged.'' A transition period of 10 years
would be provided for depletion of preprinted shipping papers showing
the word ``packed'' to reduce costs.
Sections 172.332 and 172.336
In response to a petition for rulemaking from the American Trucking
Association (ATA) [P-1364], RSPA proposes to amend Secs. 172.332(a) and
172.336(b) to authorize the use of white square-on-point configurations
for display of identification number markings regardless of whether a
placard is required for that material. RSPA agrees with ATA that it is
unnecessarily restrictive to prevent the use of identification number
markings displayed on square-on-point configurations in conjunction
with placards.
Section 172.504
RSPA proposes to revise the Class 9 table entry to reference
Sec. 172.504(f)(9), which provides an exception from displaying a Class
9 placard for domestic transportation. In addition, paragraph (f)(8),
regarding the placarding of a material classed as a combustible liquid
that also meets the definition of a Class 9, would be removed. A new
paragraph (f)(8) would be added to provide an exception, in domestic
transportation, for placarding a transport vehicle displaying a POISON
INHALATION placard if it is already placarded with a POISON GAS
placard.
Section 172.516
Paragraph (a) would be revised by changing the wording ``motor
vehicle'' to ``transport vehicle'' the second time it appears in the
first sentence, to correct an inaccurate usage of the term ``motor
vehicle''. This change clarifies that each placard on a motor vehicle
must be clearly visible from the direction it faces, except from the
direction of another transport vehicle to which the motor vehicle is
coupled.
Section 172.519
Paragraph (b)(3) would be revised to clarify that text is required
on the DANGEROUS placard. In addition, the provision would be revised
to clarify that text is not required on an OXYGEN placard when the
specific identification number is displayed.
[[Page 53168]]
Section 172.604
Paragraph (c)(2) would be revised to clarify that hazardous
materials transported under the proper shipping name ``Consumer
commodity'' do not require emergency response information, regardless
of whether the hazard class is ``ORM-D'' as provided by the HMR, or
``9'' as provided by the ICAO Technical Instructions.
Section 172.704
In Sec. 172.704, paragraph (b) would be revised to add the
reference, ``29 CFR 1910.1200,'' in addition to 29 CFR 1910.120 of the
Department of Labor's Occupational Safety and Health Administration
(OSHA). This change is needed to clarify that any training received due
to OSHA's requirements need not be repeated to meet DOT training
requirements.
Part 173
Section 173.4
RSPA proposed to revise paragraphs (a)(1)(i) (ii) and (iii) to
clarify that the limit of one gram for Division 6.1 material per inner
receptacle applies only to materials that are poisonous by inhalation.
In addition, RSPA proposes to add a note to Sec. 173.4(a)(6)(ii) to
clarify that one package need not be subjected to all of the tests
specified in Sec. 173.4; a separate, but identical, packaging may be
used for each test.
Section 173.5
In Sec. 173.5, paragraph (a) would be revised to grant an exception
from the emergency response and training requirements in subparts G and
H of Part 172 respectively to Class 2 agricultural products that are
transported over local roads between fields of the same farm.
Currently, agricultural products other than Class 2 materials are
completely excepted from the HMR when transported between fields of the
same farm. RSPA believes that similar relief is warranted for Class 2
materials.
Section 173.7
We are proposing to add a new paragraph (e) which would incorporate
and expand the existing exception in Sec. 173.62, paragraph (d) for
Class 1 explosives owned by the Department of Defense (DOD). Section
173.62, paragraph (d) would be deleted. Currently DOD is authorized to
ship their Class 1 materials that were packaged prior to January 1,
1990, without regard to the current packaging requirements in Part 178.
In addition to the existing exception, we are proposing to also except
these packagings from the marking and labeling requirements. This would
alleviate the need to remark and re-label DOD stockpiled hazardous
materials. Considering that the revised exception applies to marking
and labeling of DOD packagings in addition to packaging requirements,
RSPA believes it is more appropriate that the exceptions appear in
Sec. 173.7.
Section 173.12
In Sec. 173.12, paragraph (b)(3) would be revised to clarify that
materials poisonous by inhalation are not authorized for the lab pack
provisions.
Section 173.13
In Sec. 173.13, paragraph (a) would be revised to clarify that use
of the CARGO AIRCRAFT ONLY label is required. As discussed in the
preamble to Docket HM-222 [May 30,1996; 61 FR 27169], it was RSPA's
intention to except use of primary and subsidiary hazard labels only.
Hazardous materials transported under the provisions of Sec. 173.13 are
not authorized for transportation by passenger carrying aircraft. When
transported without the CARGO AIRCRAFT ONLY label, RSPA believes that
some packagings offered for transportation under Sec. 173.13 may
inadvertently be placed on a passenger carrying aircraft in violation
of the HMR. This change would be consistent with Sec. 172.402(c)
regarding display of the CARGO AIRCRAFT ONLY label.
Section 173.32
In Sec. 173.32, we propose to amend paragraph (e)(3) to authorize
smaller markings on specification portable tanks that were originally
authorized to be marked with letters and numerals as small as 1/8 of an
inch in height. The specification plates originally attached to these
packagings do not have sufficient space to accommodate larger size
markings after retesting.
Section 173.60
In Sec. 173.60, a new paragraph (b)(14) would be added consistent
with the UN Recommendations to allow large explosive articles normally
intended for military use, to be transported unpackaged under specific
conditions. This provision is currently found in Sec. 173.62 Packing
Instruction (PI) 130; however, the provision only applies to those
explosives assigned to PI 130. Inclusion of this new paragraph would
allow any large explosive article normally intended for military use to
be transported unpackaged under the specified conditions.
Section 173.61
In Sec. 173.61, paragraph (a) would be revised to clarify that
explosives may be packed with non hazardous materials that will not
adversely affect the explosive. RSPA believes that relaxation of this
provision will avoid the need for exemptions.
Section 173.62
In Sec. 173.62, paragraph (d) would be removed. Reference the
preamble discussion under Sec. 173.7.
Section 173.150
RSPA proposes to remove the wording ``and combustible liquids'' in
the first sentence of Sec. 173.150(b). Referring to combustible liquids
is unnecessary because there is no requirement for labeling or
specification packaging. In addition, paragraph (f)(3)(iv) would be
revised to clarify that placards are not required for a combustible
liquid that is a hazardous substance, hazardous waste or marine
pollutant in a non-bulk packaging.
We propose to revise paragraph (f)(3)(viii) by changing a reference
from Sec. 177.834 to Sec. 177.834(j). Paragraph (j) requires that
manholes and valves be closed during transportation. This proposed
change would clarify that combustible liquids are not subject to other
provisions of Sec. 177.834, such as those pertaining to attendance, and
is responsive to a petition for rulemaking (P-1386) from the Petroleum
Marketers Association of America.
Section 173.166
We propose to revise the introductory text in paragraph (e) to
clarify that all airbag modules and inflators and seat belt
pretensioners including those in Division 2.2 that are transported
under UN 3353 must be packaged in UN packagings meeting the Packing
Group III performance level. At present, since no packing group is
provided in Sec. 172.101 for UN 3353, the required level of testing for
UN packagings authorized for use in paragraph (e) for devices
transported under UN 3353 is not stated in the HMR. The proposal to
require a Packing Group III performance level is consistent with the
provisions in the eleventh revised edition of the UN Recommendations.
We also propose to authorize an air bag module or a seat belt
pretensioner that has been removed from a motor vehicle that was
manufactured as required for use in the United States to be offered for
transportation in commerce without marking the EX number or product
code on the shipping paper, as required by current paragraph (c).
Instead, the word ``Recycled'' would
[[Page 53169]]
be entered immediately after the basic description prescribed in
Sec. 172.202. This proposed change will facilitate transportation of
these devices for recycling and eliminate the need for exemption, DOT-E
12189 granted to the Automotive Recyclers Association and several other
grantees.
Section 173.242
In paragraph (c)(1), a reference to obsolete Sec. 178.253-4 would
be removed and replaced with the specific portable tank venting
requirements that were contained in that section.
Section 173.247
Paragraph (g)(1)(iii)(C) would be revised to clarify the pressure
relief device requirements for bulk packagings transported by rail. The
current regulatory text may be misunderstood as requiring the use of a
combination pressure relief device, such as a reclosing pressure relief
device (a safety valve) incorporating a rupture disc on the upstream
side. The paragraph would be revised to clarify the requirement for a
nonreclosing pressure relief device that incorporates a rupture disc
conforming to the requirements of Sec. 179.15.
Section 173.306
Paragraph (h)(2) would be revised to clarify that shipping papers
are required for a Class 2 material that has been reclassed as a
consumer commodity if it also meets the definition for ``marine
pollutant.'' This change would provide consistency with corresponding
HMR limited quantity provisions.
Section 173.307
Paragraph (a)(4) would be revised to except from the HMR,
refrigerating machines, including dehumidifiers and air conditioners
and components thereof, containing up to 12 kg (25 pounds) or less of a
non-flammable, non-toxic gas; 12 L (3 gallons) or less of ammonia
solution (UN2672) and except for air transportation, 12 kg (25 pounds)
of flammable non-toxic gas, and 20 kg (44 pounds) or less of a Group A1
refrigerant specified in ANSI/ASHRAE Standard 15. In addition, for air
transportation consistent with Special Provision A103 of the ICAO
Technical Instructions an exception would be provided for refrigerating
machines containing 100 g (4 ounces) or less of a flammable, non-toxic
liquified gas. This paragraph is also revised for clarity and to
reference both International System of Units (SI) and customary units.
Part 174
Section 174.26
The section heading would be revised by removing the phrase ``of
placarded cars.'' This change clarifies that the prescribed shipping
paper requirements apply to any person who accepts hazardous materials
for transportation by rail.
Section 174.50
As set forth in Sec. 174.50, the Federal Railroad Administration
(FRA) has authority to approve for movement a tank car not conforming
to the HMR. Since the adoption of the provision, FRA has issued
approximately 400 movement approvals for tank cars that no longer
conform to the regulations, for reasons such as leaking fittings,
accident damage and exceeding the gross rail load. RSPA proposes to
expand FRA's approval authority from tank cars to all rail cars. This
would allow FRA to grant approval for the movement of covered hopper
cars, gondola cars, and other types of railroad equipment when they no
longer conform to Federal law, but may safely be moved to a repair
location and eliminate the need for exemption for such movements.
Part 175
Section 175.25
Paragraph (a)(2)(ii) would be revised to authorize lettering of at
least 4 mm (.16 inch) in height, based on RSPA initiative. Currently,
the height requirement is 6mm (0.2 inch) minimum for some of the
information required on the notification to air passengers of hazardous
materials restrictions. The smaller lettering does not significantly
impact readability and encourages use of space on signs for other
information such as graphics.
Section 175.30
An exception in paragraph (d)(1) for inspecting packages of
consumer commodities packaged in a freight container would be expanded
to include consumer commodities that are palletized or overpacked. RSPA
believes that it is impracticable for consumer commodities that are
palletized or overpacked to be broken down and inspected by the
operator of the aircraft. This amendment would allow consumer
commodities that are overpacked or palletized to be handled in the same
manner as consumer commodities in freight containers.
Part 177
Section 177.848
Paragraph (c) would be revised to clarify that the prohibition
against loading or storing cyanides or cyanide mixtures with acids
applies only if hydrogen cyanide would be generated when the materials
come into contact with each other.
Part 178
Section 178.3
RSPA proposes to amend the introductory text to paragraph (a) to
clarify that the specification markings on a UN standard packaging may
not be marked on a removable component of a packaging.
Section 178.345-13
In paragraph (a), a reference to obsolete Secs. 178.346-13(a),
178.347-13(a), and 178.348-13(a) would be removed.
Section 178.603
RSPA proposes to revise paragraph (f)(5) to allow a slight
discharge from a closure if it ceases immediately after impact with no
further leakage. Currently this allowance applied only to drums,
jerricans or bags. This proposed change would align the criteria for
passing the drop test with international regulations.
Section 178.605
RSPA proposes to revise the last sentence in paragraph (d)(1) to
correctly reference the maximum filling limits in Sec. 173.24a(d).
Section 178.703
RSPA proposes to revise Sec. 178.703(a)(1)(ii) to correctly
reference all of paragraph (a) of Sec. 178.702, and not merely
paragraphs (a)(1) and (2), for the code number used to designate an IBC
design type.
Section 178.815
Paragraph (c)(4)(iii) would be added to authorize dynamic
compression testing for IBCs in the same manner as is currently
authorized for non-bulk packagings. RSPA considers the dynamic
compression test to be an equivalent test method and that by allowing
more flexibility in the stacking test requirements will provide a cost
saving to the regulated industry.
Part 179
Section 179.100-20
RSPA proposes to remove the water capacity entry in the table that
requires each DOT-105A100W tank car to be
[[Page 53170]]
stamped with the water capacity in pounds because it is redundant.
Section 179.22 requires a tank car to be marked in accordance with
Appendix C of the Association of American Railroads (AAR) Tank Car
Manual. Section C3.03 of the AAR manual already requires marking the
water capacity, in gallons and liters, on the side of the tank car.
Consequently, the requirement proposed for deletion is redundant and
conflicting with other requirements. Therefore, as a result, its
removal will have no effect on safety.
Part 180
Section 180.417
RSPA proposes to revise paragraph (a)(2) to allow a cargo tank
owner to retain the vehicle certification report and related papers at
a company's principal place of business or at the location where the
vehicle is housed or maintained, without obtaining prior approval from
the Regional Director, Office of Motor Carrier Safety, Federal Highway
Administration. This change offers motor carriers greater flexibility
in the location where these documents are retained.
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 associated 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 materials, 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
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
pertaining to hazardous materials 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 materials; 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 materials.
This proposed rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, 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. Executive Order 13084
This propose rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13084
(``Consultation and Coordination with Indian Tribal Governments'').
Because this proposed rule would not significantly or uniquely affect
the communities, the funding and consultation requirements of the
Executive Order do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. 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.
E. 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
Office of Management and Budget (OMB) control number. This NPRM does
not propose any new information collection burdens. The information
collection associated with the proposal to provide for nonconforming
railcars under Sec. 174.50 is currently being reported under the
information collection for exemption applications under Sec. 107.105.
Information collection requirements contained in Sec. 174.50 have been
approved by the OMB under control number 2137-0559.
F. 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.
G. 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.
H. Impact on Business Processes and Computer Systems
Many computers that use two digits to keep track of dates will, on
January 1, 2000, recognize ``double zero'' not as 2000 but as 1900.
This glitch, the year 2000 problem, could cause computers to stop
running or to start generating erroneous data. The Year 2000 problem
poses a threat to the global economy in which Americans live and work.
With the help of the President's Council on Year 2000 Conversion,
Federal agencies are reaching out to increase awareness
[[Page 53171]]
of the problem and to offer support. We do not want to impose new
requirements that would mandate business process changes when the
resources necessary to implement those requirements would otherwise be
applied to the Year 2000 problem. This proposed rule does not mandate
business process changes or require modifications to computer systems.
Because this proposed rule does not affect organizations' ability to
respond to the Year 2000 problem, we do not intend to delay the
effectiveness of the requirements.
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
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air Carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR chapter I is 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 Sec. 171.7, in paragraph (a)(3), in the table of material
incorporated by reference, the entry ``ASME Code, Sections II (Parts A
and B), V, VIII (Division 1), and IX of 1992 Edition of American
Society of Mechanical Engineers Boiler and Pressure Vessel Code and
Addenda through December 31, 1993'' would be removed and the wording
``ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX
of 1998 Edition of American Society of Mechanical Engineers Boiler and
Pressure Vessel Code'' would be added in its place.
3. In Sec. 171.8, the definitions of ``Aerosol,'' ``EX number'' and
``Placarded car'' would be revised to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Aerosol means any non-refillable receptacle containing a gas
compressed, liquefied or dissolved under pressure, the sole purpose of
which is to expel a nonpoisonous (other than an Division 6.1 Packing
Group III material) liquid, paste, or powder and fitted with a self-
closing release device allowing the contents to be ejected by the gas.
* * * * *
EX number means a number preceded by the prefix ``EX'', assigned by
the Associated Administrator for Hazardous Materials Safety, to an item
that has been evaluated under the provisions of Sec. 173.56 of this
subchapter pertaining to explosives.
* * * * *
Placarded car means a rail car which is placarded in accordance
with the requirements of part 172 of this subchapter.
* * * * *
4. In Sec. 171.11, paragraph (d)(5) would be revised and a sentence
would be added at the end of paragraph (d)(14) to read as follows:
Sec. 171.11 Use of ICAO Technical Instructions.
* * * * *
(d) * * *
(5) Except for a Division 2.2 air bag, air bag module, or seat-belt
pretensioner, the shipping paper description must conform to the
requirements of Sec. 173.166(c) of this subchapter.
* * * * *
(14) * * * In addition, an aerosol must be in a metal packaging if
the packaging exceeds 7.22 cubic inches.
* * * * *
5. In Sec. 171.12, a sentence would be added at the end of
paragraph (a) and a new paragraph (b)(19) would be added to read as
follows:
Sec. 171.12 Imports and export shipments.
(a) * * * All shipping paper information required under paragraph
(b) or (d) of this section must be in English.
(b) * * *
(19) Except for Division 2.2, the shipping paper description for an
air bag, air bag module, or seat-belt pretensioner must conform to the
requirements of Sec. 173.166(c) of this subchapter.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
6. The authority citation for part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
7. In Sec. 172.101, paragraphs (b)(2), (b)(6), as redesignated at
64 FR 10753 effective October 1, 1999, and (c)(8) would be revised to
read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(b) * * *
(2) The letter ``A'' denotes a material that is subject to the
requirements of this subchapter only when offered or intended for
transportation by aircraft, unless the material is a hazardous
substance or a hazardous waste. A shipping description entry preceded
by an ``A'' may be used to describe a material for other modes of
transportation provided all applicable requirements for the entry are
met.
* * * * *
(6) The letter ``W'' denotes a material that is subject to the
requirements of this subchapter only when offered or intended for
transportation by vessel, unless the material is a hazardous substance
or a hazardous waste. A shipping description entry preceded by
[[Page 53172]]
a ``W'' may be used to describe a material for other modes of
transportation provided all applicable requirements for the entry are
met.
(c) * * *
(8) Use of the words ``liquid'' or ``solid''. The words ``liquid''
or ``solid'' may be added to a proper shipping name when a hazardous
material specifically listed by name may due to differing physical
states be a liquid or solid. When the packaging specified in Column 8
is inappropriate for the physical state of the material the table
provided in paragraph (i)(4) of this section should be used to
determine the appropriate packaging section.
* * * * *
Sec. 172.101 [Amended]
8. In addition, in Sec. 172.101, in the Hazardous Materials Table,
the following changes would be made:
a. For the entry ``Air, compressed'', Special Provision ``78''
would be added in column 7.
b. For the entry, ``Polychlorinated biphenyls, liquid, UN2315'' in
Column (1) Symbols, ``A, W'' would be removed and Special Provision
``140'' would be added in column 7 in numerical order.
c. For the entry, ``Polychlorinated biphenyls, solid, UN2315'' in
Column (1) Symbols ``A, W'' would be removed and Special Provision
``140'' would be added in column 7 in numerical order.
d. For the entry, ``Sodium chlorate, aqueous solution'', PG II,
Special Provision ``B6,'' would be removed in column 7.
9. In Sec. 172.101, the Hazardous Materials Table would be amended
by removing and adding, in appropriate alphabetical sequence, the
following entries to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 53173]]
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging authorizations (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard -------------------------------------------------------------------------------- requirements
Symbols descriptions and class or Identification PG Label codes Special -------------------------------
proper shipping division numbers provisions Exceptions Non-bulk Bulk Passenger Cargo aircraft
names aircraft/rail only Location Other
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE:]
* * * * * *
Chemical kits or 9 UN3316........... ............... 9................. 15............ None.......... None.......... None.......... 10 kg......... 10 kg......... A............. ..............
First aid kits
(containing
hazardous
materials).
* * * * * *
1-Chloro-3- 6.1 UN2688........... III............ 6.1............... T2............ 153........... 203........... 241........... 60 L.......... 220 L......... A............. ..............
bromopropane.
* * * * * *
[ADD:]
* * * * * *
1-bromo-3- 6.1 UN2688........... III............ 6.1............... T2............ 153........... 203........... 241........... 60 L.......... 220 L......... A............. ..............
chloropropane.
* * * * * *
Chemical kits..... 9 UN3316........... ............... 9................. 15............ None.......... None.......... None.......... 10 kg......... 10 kg......... A............. ..............
* * * * * *
First aid kits.... 9 UN3316........... ............... 9................. 15............ None.......... None.......... None.......... 10 kg......... 10 kg......... A............. ..............
* * * * * *
Fumigated
transport vehicle
or freight
container see
Sec. 173.9.
* * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53174]]
9a. In addition, in Sec. 172.101, in the Hazardous Materials Table,
for the following entries, Column 10B would be revised to read as
follows:
----------------------------------------------------------------------------------------------------------------
Old column (10B)
Column (2) entry Column (4) entry PG entry Revised to read:
----------------------------------------------------------------------------------------------------------------
Chloroacetone, stabilized........ UN1695 I 20, 40, 95......... 20, 40.
Compressed gases, toxic, UN1953 ................ 40, 95............. 40.
flammable, n.o.s. Inhalation
hazard Zone A.
Cupriethylenediamine solution.... UN1761 II 95................. ...................
Cyclohexyl isocyanate............ UN2488 I 20, 40, 95......... 20, 40.
3,5-Dichloro-2,4,6- NA9264 I 40, 95............. 40.
trifluoropyridine.
Ethyl phosphonothioic dichloride, NA2927 I 20, 40, 95......... 20, 40.
anhydrous.
Ethyl phosphorodichloridate...... NA2927 I 20, 40, 95......... 20, 40.
Hydrofluoric acid and Sulfuric UN1786 I 40, 95............. 40.
acid mixtures.
Lead dioxide..................... UN1872 III 34................. ...................
Methyldichloroarsine............. NA1556 I 40, 95............. 40.
Oxidizing liquid, corrosive, UN3098 I/II/II 34, 56, 58, 69, 106 56, 58, 69, 106.
n.o.s.. I
Oxidizing liquid, toxic, n.o.s... UN3099 I/II/II 56, 58, 95, 106.... 56, 58, 106.
I
Oxidizing solid, corrosive, UN3085 I/II/II 13, 34, 56, 58, 69, 13, 56, 58, 69,
n.o.s.. I 106. 106.
Oxidizing solid, toxic, n.o.s.... UN3087 I/II/II 56, 58, 69, 95, 106 56, 58, 69, 106.
I
Phenyl isocyanate................ UN2487 I 20, 40, 95......... 20, 40.
Polychlorinated biphenyls........ UN2315 II 34................. 95.
Polyhalogenated biphenyls, liquid UN3151 II 34................. 95.
or Polyhalogenated terphenyls
liquid.
Polyhalogenated biphenyls, solid UN3152 II 34................. 95.
or Polyhalogenated terphenyls,
solid.
Potassium hydrogendifluoride, UN1811 II 26, 40, 95......... 20, 40.
[solution].
Radioactive material, low UN2912 ................ ................... 95.
specific activity, n.o.s. or
Radioactive material, LSA, n.o.s.
Radioactive material, special UN2974 ................ ................... 95.
form, n.o.s.
Radioactive material, surface UN2913 ................ ................... 95.
contaminated object, n.o.s. or
Radioactive material, SCO, n.o.s.
Sodium hydrosulfide, solution.... NA2922 II 40, 95............. 40.
Thorium metal, pyrophoric........ UN2975 ................ ................... 95.
Thorium nitrate, solid........... UN2976 ................ ................... 95.
Toxic liquids, corrosive, UN2927 I 20, 40, 95......... 20, 40.
organic, n.o.s., inhalation
hazard, Packing Group I, Zone A.
Toxic liquids, corrosive, UN2927 I 20, 40, 95......... 20, 40.
organic, n.o.s., inhalation
hazard, Packing Group I, Zone B.
Toxic liquids, flammable, UN2929 I 20, 40, 95......... 20, 40.
organic, n.o.s., inhalation
hazard, Packing Group I, Zone A.
Toxic liquids, flammable, UN2929 I 20, 40, 95......... 20, 40.
organic, n.o.s., inhalation
hazard, Packing Group I, Zone B.
Toxic, liquids, organic, n.o.s. UN2810 I 20, 40, 95......... 20, 40.
Inhalation hazard, Packing Group
I, Zone B.
Toxic, liquids, organic, n.o.s. UN2810 I 20, 40, 95......... 20, 40.
Inhalation hazard, Packing Group
I, Zone A.
Uranium hexafluoride, fissile UN2977 ................ ................... 95.
(with more than 1 percent U-235).
Uranium metal, pyrophoric........ UN2979 ................ ................... 95.
Uranyl nitrate hexahydrate UN2980 ................ ................... 95.
solution.
Uranyl nitrate, solid............ UN2981 ................ ................... 95.
----------------------------------------------------------------------------------------------------------------
10. In Sec. 172.102, in paragraph (c)(1), Special Provisions 78, 79
and 140 would be added and in paragraph (c)(5) Special Provision N10
would be amended by adding a sentence at the end to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
[[Page 53175]]
(1) * * *
Code/Special Provisions
* * * * *
78 This entry may not be used to describe compressed air which
contains more than 23.5 percent oxygen. An oxidizer label is not
required for any oxygen concentration less than or equal to 23.5
percent.
79 This entry may not be used for mixtures that meet the
definition for oxidizing gas.
* * * * *
140 This material is regulated only when it meets the defining
criteria for a hazardous substance or a marine pollutant.
* * * * *
(5) * * *
Code/Special Provisions
* * * * *
N10 * * * The approval number (i.e.,
T-* * *) must be marked on each outer package and on the shipping
paper.
* * * * *
Sec. 172.201 [Amended]
11. In Sec. 172.201, paragraph (a)(1)(ii) would be amended by
revising the reference ``Sec. 172.202(a)(1) and (2), and (3)), or'' to
read ``Sec. 172.202(a)(1), (2), (3), and (4)), or''.
12. In Sec. 172.204, in paragraph (c)(1), in the certification the
word ``packed'' would be removed and the word ``packaged'' would be
added in its place and a note would be added following the
certification to read as follows:
Sec. 172.204 Shipper's certification.
* * * * *
(c) * * *
(1) * * *
Note to paragraph (c)(1): In the certification, the word
``packed'' may be substituted for the word ``package'' until [10
YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].
* * * * *
13. In Sec. 172.332, paragraph (a) would be revised to read as
follows:
Sec. 172.332 Identification number markings.
(a) General. When required by Secs. 172.302, 172.336, 172.328,
172.330, or Sec. 172.331, identification number markings must be
displayed on orange panels or placards as specified in this section, or
on white square-on-point configurations as prescribed in
Sec. 172.336(b).
* * * * *
Sec. 172.336 [Amended]
14. In Sec. 172.336, in paragraph (b), the first sentence would be
amended by removing the wording ``in hazard classes for which hazard
warning placards are not specified,''.
15. In Sec. 172.504, in paragraph (e), Table 2 would be amended by
revising the entry for category 9, and paragraph (f)(8) would be
revised to read as follows:
Sec. 172.504 General placarding requirements.
* * * * *
(e) * * *
Table 2
------------------------------------------------------------------------
Placard
Category of material (Hazard class design
or division number and additional Placard name section
description, as appropriate) reference
(Sec. )
------------------------------------------------------------------------
* * * *
* * *
9.................................. Class 9 (see Sec. 172.560
172.504(f)(9)).
* * * *
* * *
------------------------------------------------------------------------
(f) * * *
(8) For domestic transportation, a POISON INHALATION HAZARD placard
is not required on a transport vehicle or freight container that is
already placarded with the POISON GAS placard.
* * * * *
16. In Sec. 172.516, the first sentence of paragraph (a) would be
revised to read as follows:
Sec. 172.516 Visibility and display of placards.
(a) Each placard on a motor vehicle and each placard on a rail car
must be clearly visible from the direction it faces, except from the
direction of another transport vehicle or rail car to which the motor
vehicle or rail car is coupled. * * *
* * * * *
17. In Sec. 172.519, paragraph (b)(3) would be revised to read as
follows:
Sec. 172.519 General specifications for placards.
* * * * *
(b) * * *
(3) For other than Class 7 or the DANGEROUS placard, text
indicating a hazard (for example, ``FLAMMABLE'') is not required. In
addition, text is not required on the OXYGEN placard provided that the
specific identification number is displayed.
* * * * *
18. In Sec. 172.604, paragraph (c)(2) would be revised to read as
follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(c) * * *
(2) Materials properly described under the shipping names:
Battery powered equipment
Battery powered vehicle
Carbon dioxide, solid
Castor bean
Castor pomace
Castor flake
Castor meal
Consumer commodity
Dry ice
Engines, internal combustion
Fish meal, stabilized
Refrigerating machine
Wheelchair, electric
Sec. 172.704 [Amended]
19. In Sec. 172.704, the second parenthetical notation in paragraph
(b) would be amended by adding the wording ``or 1910.1200'' immediately
after the wording ``1910.120''.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
20. The authority citation for part 173 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 44701; 49 CFR 1.45, 1.53.
Sec. 173.4 [Amended]
21. In Sec. 173.4 the following changes would be made:
a. In paragraph (a)(1)(i), the wording ``Division 6.1, Packing
Group I materials'' would be removed and ``materials poisonous by
inhalation'' added in its place.
[[Page 53176]]
b. In paragraph (a)(1)(ii), the wording ``Division 6.1, Packing
Group I materials'' would be removed and ``materials poisonous by
inhalation'' added in its place.
c. In paragraph (a)(1)(iii), the wording ``Division 6.1, Packing
Group I'' would be removed and ``materials poisonous by inhalation''
added in its place.
22. In addition, in Sec. 173.4, a note would be added following
paragraph (a)(6)(ii) to read as follows:
Sec. 173.4 Small quantity exceptions
(a) * * *
(6) * * *
(ii) * * *
Note to paragraph (a)(6): Each of the tests in paragraph (a)(6)
of this section may be performed on a different but identical
package; i.e., all tests need not be performed on the same package.
* * * * *
23. In Sec. 173. 5, paragraph (a) introductory text would be
revised to read as follows:
Sec. 173.5 Agricultural operations.
(a) For other than a Class 2 material, the transportation of an
agricultural product over local roads between fields of the same farm
is excepted from the requirements of this subchapter. A Class 2
material transported over local roads between fields of the same farm
is excepted from subparts G and H of part 172 of this subchapter. In
either case, transportation of the hazardous material is subject to the
following conditions:
* * * * *
24. In Sec. 173.7, a new paragraph (e) would be added to read as
follows:
Sec. 173.7 U.S. Government material.
* * * * *
(e) Class 1 (explosive) materials owned by the Department of
Defense and packaged prior to January 1, 1990, in accordance with the
requirements of this subchapter in effect at that time, are excepted
from the marking and labeling requirements of part 172 of this
subchapter and the packaging and package marking requirements of part
178 of this subchapter provided the packagings have maintained their
integrity and the explosive material is declared as ``government-owned
goods packaged prior to January 1, 1990'' on the shipping papers.
25. In Sec. 173.12, paragraph (b)(3) would be revised to read as
follows:
Sec. 173.12 Exceptions for shipment of waste materials
* * * * *
(b) * * *
(3) Prohibited materials. Materials meeting the definition of
Division 6.1 Packing Group I, or Division 4.2 Packing Group I, and
bromine pentafluoride; bromine trifluoride; chloric acid; and oleum
(fuming sulfuric acid) may not be packaged or described under the
provisions of this paragraph (b). In addition, a material that meets
the definition of a material poisonous by inhalation may not be offered
for transportation or transported under the provisions of this
paragraph (b).
* * * * *
Sec. 173.13 [Amended]
26. In Sec. 173.13, paragraph (a) would be amended by adding the
parenthetical phrase ``(except for the CARGO AIRCRAFT ONLY label)''
after the word ``labeling'' in the first sentence.
27. In Sec. 173.32, paragraph (e)(3) is revised to read as follows:
Sec. 173.32 Qualification, maintenance and use of portable tanks other
than Specification IM portable tanks.
* * * * *
(e) * * *
(3) Marking. The date of the most recent periodic retest must be
marked on the tank, on or near the metal certification plate. Marking
must be in accordance with Sec. 178.3 of this subchapter, except that a
container manufactured under previously authorized specifications may
continue to be marked with smaller markings if originally authorized
under that specification (e.g., DOT Specification 57 portable tanks).
* * * * *
28. In Sec. 173.60, a new paragraph (b)(14) would be added, to read
as follows:
Sec. 173.60 General packaging requirements for explosives.
* * * * *
(b) * * *
(14) Large and robust explosives articles, normally intended for
military use, without their means of initiation or with their means of
initiation containing at least two effective protective features, may
be carried unpackaged. When such articles have propelling charges or
are self-propelled, their ignition systems shall be protected against
stimuli encountered during normal conditions of transport. A negative
result in Test Series 4 on an unpackaged article indicates that the
article can be considered for transport unpackaged. Such unpackaged
articles may be fixed to cradles or contained in crates or other
suitable handling, storage or launching devices in such a way that they
will not become loose during normal conditions of transport and are in
accordance with established and approved DOD procedures.
29. In Sec. 173.61, paragraph (a) would be revised to read as
follows:
Sec. 173.61 Mixed packaging requirements.
(a) An explosive may not be packed in the same outside packaging
with any material that will adversely affect the explosive. This
provision does not apply to an explosive packaged by the DOD or DOE in
accordance with Sec. 173.7(a).
* * * * *
Sec. 173.62 [Amended]
30. In Sec. 173.62, paragraph (d) would be removed.
Sec. 173.150 [Amended]
31. In Sec. 173.150, the following changes would be made:
a. In paragraph (b) introductory text, the first sentence would be
amended by removing the wording ``and combustible liquids''.
b. In paragraph (f)(3)(iv), the wording ``Placarding'' would be
removed and the wording ``For bulk packagings only, placarding'' added
in its place.
c. In paragraph (f)(3)(viii) the wording ``177.834'' would be
removed and the wording ``177.834(j)'' added in its place.
32. In Sec. 173.166, paragraph (e) introductory text would be
revised, paragraph (f) would be redesignated as paragraph (g) and a new
paragraph (f) would be added to read as follows:
Sec. 173.166 Air bag inflators, air bag modules and seat-belt
pretensioners.
* * * * *
(e) Packagings. The following packagings at the Packing Group III
performance level are authorized:
* * * * *
(f) Shipments for recycling. When offered for domestic
transportation by highway or cargo aircraft only, a serviceable air bag
module or seat-belt pretensioner that has been removed from a motor
vehicle manufactured as required for use in the United States may be
offered for transportation and transported without compliance with the
shipping paper requirement prescribed in paragraph (c) of this section.
However, the word ``Recycled'' must be entered on the shipping paper
immediately after the basic description prescribed in Sec. 172.202 of
this subchapter. No more than one device is authorized in the packaging
prescribed in paragraph (e)(1), (2) or (3) of this section. The device
must be cushioned and secured within the package to prevent movement
during transportation.
* * * * *
[[Page 53177]]
33. In Sec. 173.242, paragraph (c)(1) would be revised to read as
follows:
Sec. 173.242 Bulk packaging for certain medium hazard liquids and
solids, including solids with dual hazards.
* * * * *
(c) * * *
(1) Each tank must have a minimum design pressure of 62 kPa (9
psig) and be equipped in accordance with the following, except that
frangible devices are not authorized:
(i) Each tank must be equipped with at least one pressure relief
device such as a spring-loaded valve or fusible plug.
(ii) Each pressure relief device must communicate with the vapor
space of the tank when the tank is in a normal transportation attitude.
Shutoff valves may not be installed between the tank opening and any
pressure relief device. Pressure relief devices must be mounted,
shielded, or drained to prevent the accumulation of any material that
could impair the operation or discharge capability of the device.
(iii) The total emergency venting capacity (cu. ft./hr.) of each
portable tank must be at least that determined from the following
table:
------------------------------------------------------------------------
Cubic feet
Total surface area square feet \1\ \2\ free air
per hour
------------------------------------------------------------------------
20......................................................... 15,800
30......................................................... 23,700
40......................................................... 31,600
50......................................................... 39,500
60......................................................... 47,400
70......................................................... 55,300
80......................................................... 63,300
90......................................................... 71,200
100........................................................ 79,100
120........................................................ 94,900
140........................................................ 110,700
160........................................................ 126,500
------------------------------------------------------------------------
\1\ Interpolate for intermediate sizes.
\2\ Surface area excludes area of logs.
(A) The pressure operated relief device must open at not less than
3 psig and at not more than the design test pressure of the tank. The
minimum venting capacity for pressure activated vents must be 6,000
cubic feet of free air per hour (measured at 14.7 psia and 60 deg. F.)
at not more than 5 psig.
(B) If a fusible device is used for relieving pressure, the device
must have a minimum area of 1.25 square inches. The device must
function at a temperature between 220 deg. F. and 300 deg. F. and at a
pressure less than the design test pressure of the tank, unless this
latter function is accomplished by a separate device.
(iv) No relief device may be used which would release flammable
vapors under normal conditions of transportation (temperature up to and
including 130 deg. F.).
* * * * *
34. In Sec. 173.247, paragraph (g)(1)(iii)(C) would be revised to
read as follows:
Sec. 173.247 Bulk packaging for certain elevated temperature materials
(Class 9) and certain flammable elevated temperature materials (Class
3).
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(C) For transportation by rail, a nonreclosing pressure relief
device incorporating a rupture disc conforming to the requirements of
Sec. 179.15 of this subchapter.
* * * * *
Sec. 173.306 [Amended]
35. In Sec. 173.306, in paragraph (h)(2), the wording ``hazardous
substance or hazardous waste'' would be removed and the wording
``hazardous substance, a hazardous waste, or a marine pollutant'' would
be added in its place.
36. In Sec. 173.307, paragraph (a)(4) would be revised to read as
follows:
Sec. 173.307 Exceptions for compressed gases.
(a) * * *
(4) Refrigerating machines, including dehumidifiers and air
conditioners, and components thereof such as precharged tubing
containing:
(i) 12 kg (25 pounds) or less of a non-flammable, non-toxic gas;
(ii) 12 L (3 gallons) or less of ammonia solution (UN2672);
(iii) Except when offered or transported by air, 12 kg of a
flammable, non-toxic gas;
(iv) Except when offered or transported by air or vessel, 20 kg (44
pounds) or less of a Group A1 refrigerant specified in ANSI/ASHRAE
Standard 15; or
(v) 100 g (4 ounces) of a flammable, non-toxic liquified gas.
* * * * *
PART 174--CARRIAGE BY RAIL
37. The authority citation for part 174 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 174.26 [Amended]
38. In Sec. 174.26, the section heading is revised to read as
follows:
Sec. 174.26 Notice to train crews.
* * * * *
39. Section 174.50 would be revised to read as follows:
Sec. 174.50 Nonconforming or leaking packages.
Leaking non-bulk packages may not be forwarded until repaired,
reconditioned, or overpacked in accordance with Sec. 173.3 of this
subchapter. Except as otherwise provided in this section, a bulk
packaging that no longer conforms to this subchapter may not be
forwarded by rail unless repaired or approved for movement by the
Associate Administrator for Safety, Federal Railroad Administration.
Notification and approval must be in writing, or through telephonic or
electronic means, with subsequent written confirmation provided within
two weeks. For the applicable address and telephone number, see
Sec. 107.117(d)(4) of this chapter. A leaking bulk package containing a
hazardous material may be moved without repair or approval only so far
as necessary to reduce or eliminate an immediate threat or harm to
human health or the environment when it is determined its movement
would provide greater safety than allowing the car to remain in place.
In the case of a liquid leak, measures must be taken to prevent the
spread of liquid.
PART 175--CARRIAGE BY AIRCRAFT
40. The authority citation for part 175 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.25 [Amended]
41. In Sec. 175.25, in paragraph (a)(2)(ii), the wording ``6.0 mm
(0.2 inch)'' would be removed and the wording ``4.0 mm (0.16 inch)''
would be added in its place.
Sec. 175.30 [Amended]
42. In Sec. 175.30, paragraph (d)(1) would be amended by adding the
wording ``, on a pallet or in an overpack'' after the words ``freight
container''.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
43. The authority citation for part 177 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
44. In Sec. 177.848, paragraph (c) would be revised to read as
follows:
Sec. 177.848 Segregation of hazardous materials.
* * * * *
(c) In addition to the provisions of paragraph (d) of this section,
cyanides or cyanide mixtures may not be loaded or stored with acids if
the cyanide
[[Page 53178]]
material or mixture, when placed in an acid solution, would generate
hydrogen cyanide.
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
45. The authority citation for part 178 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.3 [Amended]
46. In Sec. 178.3, in paragraph (a) introductory text, the wording
``on a non-removable component of the packaging'' would be added
immediately following the word ``marked''.
Sec. 178.345-13 [Amended]
47. In Sec. 178.345-13, in paragraph (a), the wording ``and
Secs. 178-346-13(a), 178-347-13(a) or 178.348-13(a), as applicable''
would be removed.
48. In Sec. 178.603, paragraph (f)(5) is revised to read as
follows:
Sec. 178.603 Drop test.
* * * * *
(f) * * *
(5) Any discharge from a closure is slight and ceases immediately
after impact with no further leakage; and
* * * * *
Sec. 178.605 [Amended]
49. In Sec. 178.605, in paragraph (d)(1), in the last sentence, the
reference ``Sec. 173.24a (b)(3)'' would be revised to read
``Sec. 173.24a (d)''.
Sec. 178.703 [Amended]
50. In Sec. 178.703, in paragraph (a)(1)(ii), the wording ``(1) and
(2)'' would be removed.
51. In Sec. 178.815, a new paragraph (c)(4)(iii) would be added to
read as follows:
Sec. 178.815 Stacking test.
* * * * *
(c) * * *
(4) * * *
(iii) The packaging may be tested using a dynamic compression
testing machine. The test must be conducted at room temperature on an
empty, unsealed packaging. The test sample must be centered on the
bottom platen of the testing machine. The top platen must be lowered
until it comes in contact with the test sample. Compression must be
applied end to end. The speed of the compression tester must be one-
half inch plus or minus one-fourth inch per minute. An initial preload
of 50 pounds must be applied to ensure a definite contact between the
test sample and the platens. The distance between the platens at this
time must be recorded as zero deformation. The force ``A'' to then be
applied must be calculated using the applicable formula:
Liquids: A=(n-1)[w+(s x v x 8.3 x .98)] x 1.5; or
Solids: A=(n-1)[w+(s x v x 8.3 x .95)] x 1.5
Where:
A=applied load in pounds.
n=minimum number of containers that, when stacked, reach a height of 3
m.
s=specific gravity of lading.
w=maximum weight of one empty container in pounds.
v=actual capacity of container (rated capacity + outage) in gallons.
And:
8.3 corresponds to the weight in pounds of 1.0 gallon of water.
1.5 is a compensation factor that converts the static load of the
stacking test into a load suitable for dynamic compression testing.
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
52. The authority citation for part 179 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.100-20 [Amended]
53. In the table to Sec. 179.100-20, the last entry for ``Water
capacity'' would be removed.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
54. The authority citation for part 180 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
55. In Sec. 180.417, paragraph (a)(2) would be revised to read as
follows:
Sec. 180.417 Reporting and record retention requirements.
(a) * * *
(2) Each motor carrier who uses a specification cargo tank motor
vehicle must obtain a copy of the manufacturer's certificate and
related papers or the alternative report authorized by paragraph
(a)(3)(i) or (ii) of this section and retain the documents as specified
in this paragraph. A motor carrier who is not the owner of a cargo tank
motor vehicle must also retain a copy of the vehicle certification
report for as long as the cargo tank motor vehicle is used by that
carrier and for one year thereafter. The vehicle certification report
and related papers must be maintained at the company's principal place
of business or at the location where the vehicle is housed or
maintained. The provisions of this section do not apply to a motor
carrier who leases a cargo tank for less than 30 days.
* * * * *
Issued in Washington, DC on September 24, 1999 under authority
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 99-25395 Filed 9-29-99; 8:45 am]
BILLING CODE 4910-60-P
