[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53321-53328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25178]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 107, 110, 171, 172, 173, 174, 175, 176, 177, 178, and
179
[Docket HM-222A; Notice No. 95-12]
RIN 2137-AC69
Elimination of Unnecessary and Duplicative Hazardous Materials
Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: RSPA is proposing to remove unnecessary, obsolete, and
duplicative regulations contained in the Hazardous Materials
Regulations (HMR). In addition, RSPA is proposing to reformat the
Hazardous Materials Table and List of Hazardous Substances and
Reportable Quantities that could eliminate approximately 100 pages of
the CFR. The intended effect of this action is to make the HMR more
user friendly, thus enhancing compliance. This action is in response to
President Clinton's March 4, 1995 memorandum to heads of departments
and agencies calling for a review of all agency regulations.
DATES: Comments must be received on or before December 18, 1995.
ADDRESSES: Please address written comments to the Dockets Unit (DHM-
30), Research and Special Programs Administration, U.S. Department of
Transportation, Washington, DC 20590-0001. Comments may also be faxed
to (202)366-3753. Comments should identify the docket (Docket No. HM-
222A). The Dockets Unit is located in Room 8421 of the Nassif Building,
400 Seventh Street S.W., Washington, DC 20590-0001. Office hours are
8:30 a.m. to 5 p.m., Monday through Friday, except on public holidays
when the office is closed.
FOR FURTHER INFORMATION CONTACT: John A. Gale or Jennifer Antonielli,
(202) 366-8553; Office of Hazardous Materials Standards, RSPA,
Department of Transportation, Washington, DC 20590-0001.
[[Page 53322]]
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to heads of
departments and agencies calling for a review of all agency regulations
and elimination or revision of those regulations that are outdated or
in need of reform. RSPA has performed an extensive review of the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180), and
associated procedural rules (49 CFR parts 106 and 107), in response to
the President's directive.
The President also directed that front line regulators ``* * * get
out of Washington and create grassroots partnerships'' with people
affected by agency regulations. On April 4, 1995, RSPA published in the
Federal Register (60 FR 17049) a Notice of Public Meetings and request
for comment on its hazardous materials safety program. Comments were
requested on ways to improve the HMR and the kind and quality of
services its customers want. RSPA held seven public meetings and
received over 50 comments in response to the notice. On July 28, 1995,
RSPA published a second Notice of Public Meetings in the Federal
Register (60 FR 38888) which announced five more public meetings to be
held from September to November 1995.
This NPRM proposes to remove those sections of the regulations that
have been identified in RSPA's regulatory review, in comments, and in
the public meetings held to date as being unnecessary, duplicative, or
outdated. This rulemaking is one of several rulemakings that RSPA will
initiate in response to its regulatory review, public meetings, and
comments. In future rulemakings, RSPA will propose additional changes
to the HMR. Some of the additional changes RSPA will be considering in
separate rulemakings are:
Exceptions for certain materials that are transported by
private carriers as ``materials of trade'';
The recurrent training requirement to determine if it can
be extended longer than two years;
Limited exceptions from the emergency response telephone
number requirement;
Consolidation of the requirements for the construction,
maintenance and use of cylinders;
Updating and revising the rail and highway modal
requirements in Parts 174 and 177; and
Revising or eliminating the requirement to list each
hazardous substance on a shipping paper and nonbulk package.
II. Sections To Be Eliminated
RSPA has identified over 100 sections in the HMR for possible
elimination. In some sections, only certain paragraphs are being
removed, and in others a particular paragraph may be retained and moved
while the rest of the section is removed. Some of the more prominent
changes proposed in this notice include: (1) Elimination of the
requirements for carriers and shippers of flammable cryogenic liquids
in bulk packagings to register with RSPA (Secs. 173.11; 177.826); (2) a
decrease in the frequency that manufacturers of cargo tanks have to
register with RSPA from three years to six years (Sec. 107.504); and
(3) removal of the requirement that RSPA publish in the Federal
Register a list of those persons who request party status to an
exemption (Sec. 107.111).
Many of the sections identified for removal in this NPRM impose
little or no regulatory burden. However, by making the HMR a less
voluminous set of regulations, RSPA believes the HMR will be more user
friendly, thus enhancing compliance. In addition, if the HMR can be
reduced in size, it may be possible to consolidate the two CFR volumes
into one. This would save each purchaser of the HMR approximately $30
per year.
A. Reformatting the Hazardous Materials Table
RSPA is also proposing a reformatting of the Hazardous Materials
Table (HMT) in Sec. 172.101 and Table 1 in Appendix A to Sec. 172.101,
``List of Hazardous Substances and Reportable Quantities''. The
reformatting of these tables will eliminate approximately 100 pages of
the CFR. In the label column (Column (6)) of the HMT, RSPA is proposing
to identify the labels required by class number in lieu of spelling out
the class name. For example, the POISON and KEEP AWAY FROM FOOD label
would be identified as ``6.1'', and FLAMMABLE LIQUID would be
identified by ``3''. For clarity, RSPA would add a table to the front
of the HMT that clearly states what label is required for each
numerical identifier.
In Sec. 172.101, Appendix A, Table 1, RSPA is proposing to remove
the synonym column. Because each synonym is specifically listed as a
hazardous substance, there is no need to provide a list of synonyms for
each hazardous substance. It is believed that this change will
eliminate approximately 15 pages of the CFR.
B. Unnecessary Sections
The following sections are proposed for removal because they are
deemed no longer necessary or cost effective to remain in the HMR. A
description of each section and the reason for its proposed removal is
provided.
Section 110.30(a)(4) Grant application. This paragraph requires
applicants for training and planning grants to provide a written
statement explaining whether the State or tribe assess and collects
fees on the transportation of hazardous materials and whether such
assessments or fees are used solely to carry out purposes related to
the transportation of hazardous materials. Since the fact that a state
or tribe assess a fee on the transportation of hazardous materials has
no bearing on the amount of its grant, and the Secretary now has
specific statutory authority to obtain such information (section
5125(g)(2)) for reasons broader than application to the grant program,
RSPA believes this requirement to be unnecessary is proposing to remove
it.
Appendix C to Part 172 Dimensional Specifications for Recommended
Placard Holder. This appendix provides specific recommended dimensions
for a placard holder. RSPA believes that this appendix is no longer
necessary, and is proposing to remove it from the HMR. In addition,
Sec. 172.516 would be revised to remove any reference to the
specifications for the placard holder.
Section 173.10 Tank car shipments. This section contains specific
requirements for offerors of tank cars containing certain hazardous
materials that are no longer consistent with current industry practice.
Therefore, RSPA would remove this section from the HMR.
Section 173.324 Ethyl methyl ether. This section provides non-bulk
packaging requirements specific for Ethyl methyl ether. Instead of
having a specific packaging section for this material, RSPA is
proposing to change its packaging reference in column (8B) of the HMT
to read ``Sec. 173.201'', for the non-bulk packaging authorizations and
would delete Sec. 173.324.
Section 173.451 Fissile materials--general requirements. This
section simply states that fissile radioactive packages must comply
with requirements of Secs. 173.451 through 173.459 and is unnecessary.
Therefore, RSPA is proposing to remove it. In addition, a reference to
Sec. 173.451 contained in Sec. 173.453 would be removed.
Section 173.477 Approval for export shipments. This section sets
forth procedures for obtaining an approval for export shipments of
packages for which an International Atomic Energy Agency certificate of
competent authority has
[[Page 53323]]
been issued. RSPA is proposing to remove this section because the
requirements for export shipments of hazardous materials, including
radioactive materials, are specified in Sec. 171.12.
Section 173.478 Notification to competent authorities for export
shipments. This section requires shippers who export Type B quantities
of Class 7 material to notify the competent authority of each country
through which or into which the package is to be transported prior to
the first shipment. The shipper is required to submit copies of all
relevant competent authority certificates. RSPA is proposing to remove
this section because the requirements for export shipments of hazardous
materials, including Class 7 material, are specified in Sec. 171.12.
Section 174.16 Removal and disposition of hazardous materials at
destination. This section prescribes requirements for delivering
hazardous materials to non-agency and agency stations and disposing of
the materials in the event that they are not removed from the carriers
property by the consignee. RSPA is proposing to remove the requirements
of Sec. 174.16 because they are outdated and unnecessary.
Section 174.20 Local or carrier restrictions. This section
provides authorization for carriers to impose local restrictions when
local conditions present an unsafe transportation environment. Also,
Sec. 174.20 states that carriers must report all carrier restrictions
to the Bureau of Explosives. RSPA is proposing to remove Sec. 174.20
because it believes that centralizing a list of all rail carrier
restrictions should be an industry practice and not a regulatory
requirement.
Section 174.33 Lost or destroyed labels and placards. This section
requires rail carriers to maintain an adequate supply of labels and
placards in case labels or placards become lost or destroyed. RSPA
believes that Sec. 172.516(c)(6) adequately addresses the carrier's
requirement to maintain placards and is, therefore, proposing to remove
the section.
Section 174.107 Shipping days for Division 1.1 or 1.2 (Class A
explosive) materials. This section prescribes requirements for carriers
to designate days in which Division 1.1 or 1.2 materials are accepted
and delivered. RSPA is proposing to remove the requirements of this
section because it generally applies to a shipment of explosives by an
express railroad which is no longer a common practice.
Section 174.109 Non-agency shipments. This section provides
requirements for Class 1 shipments accepted by a carrier at a non-
agency station. RSPA is proposing to remove this section because it is
no longer necessary.
Section 174.280 Division 2.3 (poisonous gas) materials with
foodstuffs. This section provides a prohibition from transporting
packages labeled POISON GAS with foodstuffs. Division 2.3 materials
present a hazard if inhaled but do not pose a hazard to foodstuffs or
edible material. Therefore, RSPA is proposing to remove this section
from the HMR.
Section 174.410 Special handling requirements for matches. This
section provides special handling requirements for strike-anywhere
matches. RSPA believes the modal operational requirements of this
section are no longer necessary based on current packagings
requirements for strike-anywhere matches. Therefore, RSPA is proposing
to remove this section from the HMR.
Section 174.450 Fires. This section prescribes practical response
measures that carriers should follow in the event of a fire in a
shipment of cotton or charcoal. RSPA believes that mitigation measures
like this are routinely taken by carriers. Therefore, RSPA is proposing
to remove this section from the HMR.
Section 174.510 Special handling requirements for nitrates. This
section prescribes requirements for carriers of nitrates to ensure that
the rail car is closed, clean and free of projections before loading
the nitrates. RSPA is proposing to remove this section because the
requirements of subpart C of part 174 more than adequately cover the
loading of this material in a rail car.
Section 174.515 Cleaning cars; potassium permanganate. This
section provides cleaning requirements for rail cars previously
containing potassium permanganate. RSPA is proposing to remove this
section because the requirements of subpart C of part 174 more than
adequately cover the cleaning of rail cars that previously contained a
load of this material.
Section 174.840 Special loading and handling requirements for
asbestos. This section prescribes requirements for minimization of
occupational exposure to asbestos. RSPA believes that because other
Federal regulations govern this area, this section is no longer
necessary under the HMR.
Section 175.640 Special requirements for Class 9 (miscellaneous
hazardous) material. This section prescribes requirements for the
minimization of occupational exposure to asbestos. RSPA believes that
because other Federal regulations govern this area, this section is no
longer necessary under the HMR.
Section 176.33 Labels. This section requires vessel carriers to
maintain an adequate supply of labels in case labels become lost or
destroyed. RSPA believes that this section imposes a cost to vessel
operators that is not commensurate with the safety benefits achieved
and, therefore, is proposing to remove this section.
Section 176.79 Spaces exposed to carbon monoxide or other
hazardous vapors. This section prescribes occupational requirements for
personnel exposed to carbon monoxide vapors. This section is
unnecessary because it is covered in 46 CFR part 97.
Section 176.906 Stowage and handling of asbestos. This section
prescribes requirements for minimization of occupational exposure to
asbestos. RSPA believes that because other Federal regulations govern
this area, this section is no longer necessary under the HMR.
Section 177.811 Astray shipments. This section prescribes
requirements for a package that has lost its label. The section states
that a carrier must place a Flammable liquid label on the package that
has lost its label. RSPA is proposing to remove the requirements of
Sec. 177.811 because current industry practices and compliance with
part 172 of the HMR (e.g., UN number markings on packages) make it very
unlikely that a carrier will have ``no knowledge'' of the contents of a
package of hazardous materials.
Section 177.813 Inefficient containers. This section states that
experience gained on damaged packages must be recorded by the Bureau of
Explosives to determine if a packaging should be prohibited from use.
This action is no longer taken by the BOE nor is it necessary.
Therefore, this section would be removed.
Section 177.815 Lost or destroyed labels. This section requires
highway carriers to maintain an adequate supply of labels in case
labels become lost or destroyed. RSPA believes that this section
imposes a cost to highway carriers that is not commensurate with the
safety benefits achieved and, therefore, is proposing to remove this
section.
Section 177.837(a) Class 3 (flammable) liquid materials. Paragraph
(a) of this section requires that the engine of a motor vehicle be
turned off when the vehicle is being loaded with Class 3 materials.
RSPA is proposing to remove this restriction because it is no longer
necessary and often not practical, especially for application to diesel
engines during cold weather.
[[Page 53324]]
Section 177.838 Class 4 materials, Class 5 and Division 4.2
materials. In this section, paragraphs (d) and (e) are proposed for
removal. Section 177.838(d) prescribes requirements for ``loose or
baled nitrate of soda bags'' and Sec. 177.838(e) prescribes blocking
and bracing requirements for ``strike anywhere matches''. RSPA is
proposing to remove Sec. 177.838(d) because ``loose or baled nitrate of
soda bags'' are no longer routinely transported or do their hazards
require compliance with Sec. 177.838(d). RSPA is proposing to remove
Sec. 177.838(e) because these modal operational requirements are no
longer necessary based on current packagings requirements for strike-
anywhere matches.
Section 177.844 Class 9 (miscellaneous hazardous) materials. This
section prescribes requirements for minimization of occupational
exposure to asbestos. RSPA believes that because other Federal
regulations govern this area, this section is no longer necessary under
the HMR.
Section 177.853 Transportation and delivery of shipments. This
section prescribes general requirements on the movement of hazardous
materials. The provisions of paragraph (a) would be moved to
Sec. 177.800 and the remainder of the section would be removed.
Section 177.855 Accidents; Class 1 (explosive) materials; 177.856
Accidents; Class 3 (flammable liquid) materials; 177.857 Accidents;
Class 4 (flammable solid) and Class 5 (oxidizing) materials; 177.858
Accidents; Class 8 (corrosive) materials; 177.859 Accidents; Class 2
(gases) materials; 177.860 Accidents or leakage; Division 6.1
(poisonous) or Division 2.3 (poisonous gas) materials; 177.861
Accidents; Class 7 (radioactive) materials. These sections prescribe
general guidance on emergency response activities. Except for the
provisions of Sec. 177.856 (c) and (e), which are being moved to
Sec. 177.823 to make them applicable to all shipments, RSPA believes
that, with the addition of the emergency response requirements for
shippers and carriers in Part 172 of the HMR, these sections are no
longer necessary and is proposing to remove them.
C. Duplicative Sections
The following is a listing of those sections that are proposed for
removal from the HMR because they are duplicative or refer the reader
to a section of general applicability. In removing the sections listed
below, RSPA believes that no substantive regulatory requirements are
being removed. For example, RSPA is proposing to remove Secs. 174.480
and 174.580 because these requirements are already covered by
Sec. 174.680.
List of Affected Sections
171.13 Emergency regulations.
173.314(h) Requirements for compressed gases in tank car tanks.
173.444 Labeling requirements.
173.446 Placarding requirements.
173.463 Packaging and shielding-testing for integrity.
174.7 Compliance and training.
174.12 Intermediate shippers and carriers.
174.45 Reporting hazardous materials incidents.
174.57 Cleaning cars.
174.69 Removal of placards and car certifications after unloading.
174.100 Forbidden Class 1 (explosive) materials.
174.208 Rail cars, truck bodies, or trailers with fumigated or
treated lading.
174.380 Class 3 (flammable liquid) materials, with a subsidiary
hazard of Division 6.1 (poisonous) materials, with foodstuffs.
174.430 Special handling requirements for Division 4.2 (pyroforic
liquid) materials.
174.480 Class 4 (flammable solid) materials, with a subsidiary
hazard of Division 6.1 (poisonous) materials, with foodstuffs.
174.580 Division 5.1 (oxidizer) materials, with a subsidiary hazard
of Division 6.1 (poisonous materials), with foodstuffs.
174.615 Cleaning cars.
174.800 Special handling requirements for Class 8 (corrosive)
materials.
174.810 Special handling requirements for wet electric storage
batteries.
175.45 Reporting hazardous materials incidents. (With applicable
change to Sec. 171.15 and 171.16)
176.76(f), (g)(1),(4) Transport vehicles, freight containers, and
portable tanks containing hazardous materials.
176.78(g), (4),(5) Use of powered-operated industrial trucks on
board vessels.
176.331 Transportation of Class 3 (flammable) liquids with
foodstuffs.
176.419 Class 4 (flammable solids) or Class 5 (oxidizers and
organic peroxides) materials transported with foodstuffs.
176.800 General stowage requirements. (last sentence)
177.803 Export and import shipments by domestic carriers by motor
vehicles.
177.805 Canadian shipments and packagings.
177.806 U.S. Government material.
177.807 Reporting hazardous materials incidents.
177.808 Connecting carrier shipments.
177.812 Containers required.
177.814 Retention of cargo tank motor vehicle manufacturer's
certificate, maintenance and other reports.
177.821(c)(d)(f) Hazardous materials forbidden or limited for
transportation.
177.825 Routing and training requirements for Class 7 (radioactive)
materials.
177.836 Nonexplosive material.
178.346-3 Structural integrity.
178.346-4 Joints.
178.346-5 Manhole assemblies.
178.346-6 Supports and anchoring.
178.346-7 Circumferential reinforcement.
178.346-8 Accident damage protection.
178.346-9 Pumps, piping, hoses and connections.
178.346-12 Gauging devices.
178.346-14 Marking.
178.346-15 Certification.
178.347-3 Structural integrity.
178.347-4 Joints.
178.347-6 Supports and anchoring.
178.347-7 Circumferential reinforcement.
178.347-8 Accident damage protection.
178.347-9 Pumps, piping, hoses and connections.
178.347-11 Outlets.
178.347-12 Gauging devices.
178.347-14 Marking.
178.347-15 Certification.
178.348-3 Structural Integrity.
178.348-4 Joints.
178.348-5 Manhole assemblies.
178.348-6 Supports and anchoring.
178.348-7 Circumferential reinforcement.
178.348-8 Accident Damage Protection.
178.348-11 Outlets.
178.348-12 Gauging devices.
178.348-14 Marking.
178.348-15 Certification.
179.100-2 Approval.
179.100-5 Bursting pressure.
179.100-11 Tank mounting.
179.100-22 Certificate of construction.
179.104 Special requirements for spec. 105A200-F tank car tanks.
179.104-1 Tanks built under these specifications must meet the
requirements of Secs. 179.100, 179.101, and when applicable
Secs. 179.102 and 179.104.
179.104-2 Type.
179.104-3 Tank mounting.
179.104-4 Welding.
179.106 [Reserved]
179.200-2 Approval.
179.200-5 Bursting pressure.
179.200-12 Tank mounting. See Sec. 179.10.
179.200-20 Interior heater systems.
179.200-26 Certificate of construction.
179.202--179.202-22 [Reserved]
179.220-2 Approval.
179.220-5 Bursting pressure.
179.220-12 Tank mounting.
179.220-21 Interior heating systems.
179.220-27 Certificate of construction.
179.300-2 Approval.
179.300-5 Bursting pressure.
179.300-11 Tank mounting.
179.400-2 Approval.
179.400-6(a) Bursting and buckling pressure.
179.400-26 Certificate of construction.
179.500-2 Approval.
179.500-9 Tank mounting.
III. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and was not reviewed
by the Office of Management and Budget. The rule is not considered
significant under the regulatory policies and procedures of the
Department of Transportation (44 FR
[[Page 53325]]
11034). The economic impact of this rule is minimal to the extent that
the preparation of a regulatory evaluation is not warranted.
Executive Order 12612
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism''). The Federal hazardous materials transportation law
(49 U.S.C. 5101-5127) contains an express preemption provision that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(i) The designation, description, and classification of hazardous
material;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) The preparation, execution, and use of shipping documents
pertaining to hazardous material and requirements respecting the
number, content, and placement of such documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; 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.
Title 49 U.S.C. 5125(b)(2) provides that if DOT issues a regulation
concerning any of the covered subjects after November 16, 1990, DOT
must determine and publish in the Federal Register the effective date
of Federal preemption. That effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. This proposed rule would
remove unnecessary, obsolete and duplicative regulations governing the
transportation of hazardous materials. RSPA solicits comments on
whether the proposed rule would have any affect on State, local or
Indian tribe requirements and, if so, the most appropriate effective
date of Federal preemption. Because RSPA lacks discretion in this area,
preparation of a federalism assessment is not warranted.
Regulatory Flexibility Act
I certify that this proposed rule will not have a significant
economic impact on a substantial number of small entities. This
proposed rule does not impose any new requirements on persons subject
to the HMR.
Paperwork Reduction Act
This proposed rule does not propose any new information collection
requirements.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 110
Disaster assistance, Education, Emergency preparedness, Grant
programs--Environmental protection, Grant programs--Indians, Hazardous
materials transportation, Hazardous substances, Indians, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labeling,
Marking, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Packaging and containers,
Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR parts 107, 110, 171, 172,
173, 174, 175, 176, 177, 178, and 179 would be amended to read as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
1. The authority citation for part 107 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701, 49 CFR 1.45, 1.53.
Sec. 107.111 [Amended]
2. In Sec. 107.111, paragraph (d) would be removed and reserved.
Sec. 107.504 [Amended]
3. In Sec. 107.504(a) and (c), the phrase ``three years'' would be
removed and replaced with the phrase ``six years'' each place it
appears.
PART 110--HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING
GRANTS
4. The authority citation for Part 110 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
Sec. 110.30 [Amended]
5. In Sec. 110.30, paragraph (a)(4) would be removed and reserved.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
6. The authority citation for part 171 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
Sec. 171.13 [Removed]
7. Section 171.13 would be removed.
8. In Sec. 171.15, paragraph (b), the introductory text would be
revised to read as follows:
Sec. 171.15 Immediate notice of certain hazardous materials incidents.
* * * * *
(b) Each notice required by paragraph (a) of this section shall be
given to the Department by telephone (tollfree) on
[[Page 53326]]
800-424-8802. Notice involving etiologic agents may be given to the
Director, Centers for Disease Control, U.S. Public Health Service,
Atlanta, Ga. (800) 232-0124, in place of the notice to the Department
or (toll call) on 202-267-2675. Notice involving shipments transported
by aircraft shall also be reported to the nearest FAA Civil Aviation
Security Office by telephone at the earliest practical moment after
each incident. Each notice must include the following information:
* * * * *
9. In Sec. 171.16, paragraph (b) would be revised to read as
follows:
Sec. 171.16 Detailed hazardous materials incident reports.
* * * * *
(b) Each carrier making a report under this section shall send the
report to the Information Systems Manager, DHM-63, Research and Special
Programs Administration, Department of Transportation, Washington, DC
20590-0001; and, for incidents involving transportation by aircraft, a
copy of the report shall be sent to the FAA Civil Aviation Security
Office nearest the location of the incident. A copy of the report shall
be retained for a period of two years, at the carrier's principal place
of business, or at other places as authorized and approved in writing
by an agency of the Department of Transportation.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATION, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
10. The authority citation for part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
11. In Sec. 172.101, paragraph (g) would be revised to read as
follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(g) Column 6: Labels. Column 6 specifies codes which represent the
hazard warning label(s) required for a package filled with a material
conforming to the associated hazard class and proper shipping name,
unless the package is otherwise excepted from labeling by a provision
in subpart E of part 172, or part 173 of this subchapter. The first
code is indicative of the primary hazard of the material. Additional
label codes are indicative of subsidiary hazards. Provisions in
Sec. 172.402 of this part may require that a label other than that
specified in Column 6 be affixed to the package in addition to that
specified in Column 6. No label is required for a material classed as a
combustible liquid or for a Class 3 material that is reclassed as a
combustible liquid. The codes contained in Column 6 are defined
according to the following table.
Label Substitution Table
------------------------------------------------------------------------
Label code Label name
------------------------------------------------------------------------
1................................... EXPLOSIVE.
1.1 \1\............................. EXPLOSIVE 1.1 \1\.
1.2 \1\............................. EXPLOSIVE 1.2 \1\.
1.3 \1\............................. EXPLOSIVE 1.3 \1\.
1.4 \1\............................. EXPLOSIVE 1.4 \1\.
1.5 \1\............................. EXPLOSIVE 1.5 \1\.
1.6 \1\............................. EXPLOSIVE 1.6 \1\.
2.1................................. FLAMMABLE GAS.
2.2................................. NON-FLAMMABLE GAS.
2.3................................. POISON GAS.
3................................... FLAMMABLE LIQUID.
4.1................................. FLAMMABLE SOLID.
4.2................................. SPONTANEOUSLY COMBUSTIBLE.
4.3................................. DANGEROUS WHEN WET.
5.1................................. OXIDIZER.
5.2................................. ORGANIC PEROXIDE.
6.1(I) \2\.......................... POISON.
6.1(II) \2\......................... POISON.
6.1(III) \2\........................ KEEP AWAY FROM FOOD.
6.2................................. INFECTIOUS SUBSTANCE.
7................................... RADIOACTIVE.
8................................... CORROSIVE.
9................................... CLASS 9.
------------------------------------------------------------------------
\1\ Refers to the appropriate compatibility group letter.
\2\ The packing group for a material is indicated in column 5 of the
Table.
* * * * *
Sec. 172.101 [Amended]
12. In Sec. 172.101, the following changes would be made to the
Hazardous Materials Table:
a. In Column (5), the heading would be revised to read ``PG''.
b. For the entry ``Ethyl methyl ether'', in Column (8B), the
nonbulk packaging reference would be revised to read ``201''.
c. In column (6) the heading is revised to read ``Label code'',
and:
(1) The word ``EXPLOSIVE'' would be removed in each place it
appears;
(2) The words ``FLAMMABLE GAS'' would be removed and replaced with
``2.1'' in each place they appear;
(3) The words ``NONFLAMMABLE GAS'' would be removed and replaced
with ``2.2'' in each place they appear;
(4) The words ``POISON GAS'' would be removed and replaced with
``2.3'' in each place they appear;
(5) The words ``FLAMMABLE LIQUID'' would be removed and replaced
with ``3'' in each place they appear;
(6) The words ``FLAMMABLE SOLID'' would be removed and replaced
with ``4.1'' in each place they appear;
(7) The words ``SPONTANEOUSLY COMBUSTIBLE'' would be removed and
replaced with ``4.2'' in each place they appear;
(8) The words ``DANGEROUS WHEN WET'' would be removed and replaced
with ``4.3'' in each place they appear;
(9) The word ``OXIDIZER'' would be removed and replaced with
``5.1'' in each place it appears;
(10) The words ``ORGANIC PEROXIDE would be removed and replaced
with ``5.2'' in each place they appear;
(11) The word ``POISON'' would be removed and replaced with ``6.1''
in each place it appears;
(12) The words ``KEEP AWAY FROM FOOD'' would be removed and
replaced with ``6.1'' in each place they appear;
(13) The words ``INFECTIOUS SUBSTANCE'' would be removed and
replaced with ``6.2'' in each place they appear;
(14) The word ``RADIOACTIVE'' would be removed and replaced with
``7'' in each place it appears;
(15) The word ``CORROSIVE'' would be removed and replaced with
``8'' in each place it appears; and
(16) The word ``CLASS'' would be removed and replaced in each place
it appears.
(17) For the entries ``Organic peroxide type B, solid'' ``Organic
peroxide type B, solid, temperature controlled''; ``Organic peroxide
type B, liquid''; and ``Organic peroxide type B, liquid, temperature
controlled'', in column (6), the label entries are revised to read
``5.2, 1''.
Appendix A to Sec. 172.101 [Amended]
13. In Appendix A to Sec. 172.101, in ``Table 1--Hazardous
Substances Other Than Radionuclides'', the second column, ``Synonyms'',
would be removed.
Sec. 172.201 [Amended]
14. In Sec. 172.201, paragraph (b) would be removed and reserved.
15. In Sec. 172.203, paragraph (i)(4) would be added to read as
follows:
Sec. 172.203 Additional description requirements.
* * * * *
(i) * * *
(4) The name of the shipper.
* * * * *
16. In Sec. 172.516, paragraphs (c)(1) and (d) would be revised to
read as follows:
Sec. 172.516 Visibility and display of placards.
* * * * *
[[Page 53327]]
(c) * * *
(1) Be securely attached or affixed thereto or placed in a holder
thereon;
* * * * *
(d) The means used to attach a placard may not obscure any part of
the placard's surface other than the borders and those areas, other
than the Class number, symbol, and any text, minimally necessary to
hold the placard in place.
* * * * *
Appendix C to Part 172 [Removed]
17. Appendix C to part 172 would be removed.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
18. The authority citation for Part 173 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. Sec. 173.10, 173.11, 173.324, 173.444, 173.446, 173.451, 173.463,
173.478 [Removed]
19. Sections 173.10; 173.11; 173.324; 173.444; 173.446; 173.451;
173.463; and 173.478 would be removed.
Sec. 173.314 [Amended]
20. In Sec. 173.314, paragraph (h) would be removed and reserved.
Sec. 173.453 [Amended]
21. In the introductory text of Sec. 173.453, the wording
``Secs. 173.451'' would be revised to read ``Secs. 173.455''.
PART 174--CARRIAGE BY RAIL
22. The authority citation for Part 174 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Secs. 174.7, 174.12, 174.16, 174.20, 174.33, 174.45, 174.57, 174.100,
174.107, 174.109, 174.208, 174.280, 174.380, 174.410, 174.450, 174.480,
174.510, 174.515, 174.580, 174.800, 174.810, 174.840 (Subpart
M) [Removed]
23. Sections 174.7; 174.12; 174.16; 174.20; 174.33; 174.45; 174.57;
174.100; 174.107; 174.109; 174.208; 174.280; 174.380; 174.410; 174.450;
174.480; 174.510; 174.515; 174.580; 174.800; 174.810; and Subpart M
(consisting of Sec. 174.840) to part 174 would be removed.
Sec. 174.615 [Amended]
24. In Sec. 174.615, paragraph (a) would be removed and reserved.
PART 175--CARRIAGE BY AIRCRAFT
25. The authority citation for Part 175 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Secs. 175.45, 175.640 [Removed]
26. Sections 175.45, and 175.640 would be removed.
PART 176--CARRIAGE BY VESSEL
27. The authority citation for Part 176 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Secs. 176.33, 176.79, 176.331, 176.419, 176.906 [Removed]
28. Sections 176.33; 176.79; 176.331; 176.419; and 176.906 would be
removed.
Sec. 176.76 [Amended]
29. In Sec. 176.76, paragraphs (f), (g)(1) and (g)(4) would be
removed, introductory text of paragraph (g) would be redesignated as
paragraph (f) introductory text, and paragraphs (g)(2), (g)(3), and
(g)(5) would be redesignated as (f)(1), (f)(2), and (f)(3),
respectively.
Sec. 176.78 [Amended]
30. In Sec. 176.78, paragraphs (g)(4) and (g)(5) would be removed
and reserved.
31. In Sec. 176.800, paragraph (a) would be revised to read as
follows:
Sec. 176.800 General stowage requirements.
(a) Each package required to have a Class 8 (corrosive) label
thereon being transported on a vessel must be stowed clear of living
quarters, and away from foodstuffs and cargo of an organic nature.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
32. The authority citation for Part 177 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
33. In Sec. 177.800, paragraph (d) would be added to read as
follows:
Sec. 177.800 Purpose and scope of this part and responsibility for
compliance and training.
* * * * *
(d) No unnecessary delay in movement of shipments. All shipments of
hazardous materials must be transported without unnecessary delay, from
and including the time of commencement of the loading of the hazardous
material until its final unloading at destination.
Secs. 177.803, 177.805, 177.806, 177.807, 177.808, 177.809, 177.811,
177.812, 177.813, 177.814, 177.815, 177.825, 177.826, 177.836, 177.844,
177.853, 177.855, 177.856, 177.857, 177.858, 177.859, 177.860,
177.861 [Removed]
34. Sections 177.803; 177.805; 177.806; 177.807; 177.808; 177.809;
177.811; 177.812; 177.813; 177.814; 177.815; 177.825; 177.826; 177.836;
177.844; 177.853; 177.855; 177.856; 177.857; 177.858; 177.859; 177.860;
and 177.861 would be removed.
Sec. 177.821 [Amended]
35. In Sec. 177.821, paragraphs (c), (d), (e) and (f) would be
removed.
36. In Sec. 177.823, paragraphs (b) and (c) would be added to read
as follows:
Sec. 177.823 Marking and placarding motor vehicles.
* * * * *
(b) Disposition of contents of cargo tank when unsafe to continue.
In the event of a leak in a cargo tank of such a character as to make
further transportation unsafe, the leaking vehicle should be removed
from the traveled portion of the highway and every available means
employed for the safe disposal of the leaking material by preventing,
so far as practicable, its spread over a wide area, such as by digging
trenches to drain to a hole or depression in the ground, diverting the
liquid away from streams or sewers if possible, or catching the liquid
in containers if practicable. Smoking and the lighting of cigarettes,
cigars, or pipes in the vicinity is prohibited, and fires or flames in
the vicinity of the leaking cargo tank must be extinguished.
(c) Transportation of leaking cargo tanks. A leaking cargo tank may
only be transported the minimum distance necessary to reach a place
where the contents of the tank or compartment may be disposed of with
safety. Every available means must be utilized to prevent the leakage
or spillage of the liquid upon the highway.
Sec. 177.837 [Amended]
37. In Sec. 177.837, paragraph (a) would be removed and reserved.
Sec. 177.838 [Amended]
38. In Sec. 177.838, paragraphs (d) and (e) would be removed and
reserved.
PART 178--SPECIFICATIONS FOR PACKAGINGS
39. The authority citation for Part 178 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
[[Page 53328]]
Secs. 178.346-3, 178.346-4, 178.346-5, 178.346-6, 178.346-7, 178.346-8,
178.346-9, 178.346-12, 178.346-14, 178.346-15, 178.347-3, 178.347-4,
178.347-6, 178.347-7, 178.347-8, 178.347-9, 178.347-11, 178.347-12,
178.347-14, 178.347-15, 178.348-3, 178.348-4, 178.348-5, 178.348-6,
178.348-7, 178.348-8, 178.348-11, 178.348-12, 178.348-14, 178.348-
15 [Removed]
40. Sections 178.346-3; 178.346-4; 178.346-5; 178.346-6; 178.346-7;
178.346-8; 178.346-9; 178.346-12; 178.346-14; 178.346-15; 178.347-3;
178.347-4; 178.347-6; 178.347-7; 178.347-8; 178.347-9; 178.347-11;
178.347-12; 178.347-14; 178.347-15; 178.348-3; 178.348-4; 178.348-5;
178.348-6; 178.348-7; 178.348-8; 178.348-11; 178.348-12; 178.348-14;
and 178.348-15 would be removed.
Subpart J [Amended]
41. In subpart J, Sec. 178.346-10, Sec. 178.346-11, and
Sec. 178.346-13 are redesignated as Sec. 178.346-3 through
Sec. 178.346-5, respectively; Secs. 178.347-5; 178.347-10, and 178.347-
13 are redesignated as Secs. 178.347-3 through 178.347-5, respectively;
and Secs. 178.348-9, 178.348-10, and 178.348-13 are redesignated as
Secs. 178.348-3 through 178.348-5, respectively.
PART 179--SPECIFICATIONS FOR TANK CARS
42. The authority citation for Part 179 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Secs. 179.100-2, 179.100-5, 179.100-11, 179.100-22, 179.104, 179.104-1,
179.104-2, 179.104-3, 179.104-4, 179.106, 179.200-2, 179.200-5,
179.200-12, 179.200-20, 179.200-26, 179.202-179.202-22, 179.220-2,
179.220-5, 179.220-12, 179.220-21, 179.220-27, 179.300-2, 179.300-5,
179.300-11, 179.400-2, 179.400-26, 179.500-2, 179.500-9 [Removed]
43. Sections 179.100-2; 179.100-5; 179.100-11; 179.100-22; 179.104;
179.104-1; 179.104-2; 179.104-3; 179.104-4; 179.106; 179.200-2;
179.200-5; 179.200-12; 179.200-20; 179.200-26; 179.220-2; 179.220-5;
179.220-12; 179.220-21; 179.220-27; 179.300-2; 179.300-5; 179.300-11;
179.400-2; 179.400-26; 179.500-2; 179.500-9 would be removed.
Sec. 179.400-6 [Removed and Reserved]
44. In Sec. 179.400-6, paragraph (a) would be removed and reserved.
Issued in Washington, DC on October 5, 1995 under authority
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 95-25178 Filed 10-12-95; 8:45 am]
BILLING CODE 4910-60-P
