Hazardous Materials Regulations; Editorial Corrections and Clarifications; Final Rule

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 106, 107, 110, 130, 171, 172, 173, 174, 175, 176, 177,

178, 179, and 180

[Docket No. HM-189K, Amdt. Nos. 106-10, 107-32, 110-3, 130-2, 171-2,

172-127, 173-138, 174-78, 175-51, 176-35, 177-83, 178-104, 179-49, and

180-6]

RIN 2137-AC44

Hazardous Materials Regulations; Editorial Corrections and

Clarifications

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this final rule, RSPA is correcting editorial errors,

making minor regulatory changes and, in response to requests for

clarification, improving the clarity of certain provisions to the

Hazardous Materials Regulations (HMR). In addition, RSPA is revising

legal citations in the HMR based on the codification of the hazardous

materials transportation laws. The intended effect of this rule is to

enhance accuracy and reduce misunderstandings of the HMR. The

amendments contained in this rule are minor editorial changes and do

not impose new requirements.

EFFECTIVE DATE: September 26, 1994.

FOR FURTHER INFORMATION CONTACT: Jennifer Antonielli, Office of

Hazardous Materials Standards, (202) 366-4488, Research and Special

Programs Administration, U.S. Department of Transportation, 400 Seventh

Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

RSPA annually reviews the Hazardous Materials Regulations (HMR) to

detect errors which may be causing confusion to readers. Inaccuracies

corrected in this final rule include typographical errors, incorrect

references to other rules and regulations in the CFR, inconsistent use

of terminology, and misstatements of certain regulatory requirements.

In response to inquiries RSPA received concerning the clarity of

particular requirements specified in the HMR, certain other changes are

made to reduce uncertainties. In addition, RSPA is revising all legal

citations contained in the HMR to reflect the codification of

transportation laws relating to hazardous materials under 49 U.S.C.

5101-5127.

Since these amendments do not impose new requirements, notice and

public procedure are unnecessary. For the same reason, there is good

cause to make these amendments effective without the customary 30-day

delay following publication. This will allow the changes to appear in

the next revision of 49 CFR.

The following is a section-by-section summary of the amendments

made under this final rule. It does not discuss editorial corrections

(e.g., typographical, capitalization, and punctuation errors) or

changes to the legal citations.

Part 106

Section 106.3. Paragraph (b) is revised to reflect the correct

title of the Associate Administrator for Pipeline Safety, and a new

paragraph (c) is added which delegates authority to the Associate

Administrator for Research, Technology and Analysis.

Appendix A to Part 106. Appendix A to part 106 is removed because

it duplicates the provisions in Sec. 106.3.

Part 107

Section 107.329. In paragraphs (a) and (b), references to

``subchapter B of this chapter'' are revised to read ``this

subchapter''.

Section 107.403. In paragraph (c), references to ``Director'' are

revised to reflect the correct title of the Associate Administrator for

Hazardous Materials Safety.

Section 107.503. Paragraph (c) is revised to reflect the correct

reference to the ASME Certificate of Authorization.

Part 171

Section 171.2. The term ``rail freight car'' is replaced with

``rail car''.

Section 171.7. The entry for Compressed Gas Association is revised

to reflect the correct address.

Section 171.8. In the definition of ``NPT'', the wording ``in

compliance with the'' is revised to read ``conforming to'' for

consistency.

Section 171.11. In paragraph (d)(6)(i), the wording

``Sec. 171.203(d)(1)(iii)'' is revised to reflect the correct section

reference.

Section 171.12. In paragraph (d)(1), the wording

``Sec. 171.203(d)(1)(iii)'' is revised to reflect the correct section

reference.

Part 172

Section 172.101. All references to ``the appendix'' in paragraph

(c)(8) are revised to read ``Appendix A''. In paragraph (g), the

reference to ``subpart D'' is revised to read ``subpart E''. In

addition, paragraph (d)(4) is amended to refer to ``Sec. 173.150 (e) or

(f)'' since both provisions set forth criteria for reclassing a

material as a combustible liquid.

The Hazardous Materials Table (the Table). In the Table, the entry

``Ethylene oxide and carbon dioxide mixtures, see Carbon dioxide and

ethylene oxide mixtures, etc.'' is removed because ``Carbon dioxide and

ethylene oxide mixtures'' is not listed as a proper shipping name.

Section 172.102. Special Provision 14 is amended to clarify the

definition of motor fuel antiknock mixtures. Special Provision 42 is

removed because the same provision appears in Sec. 173.218. In Special

Provision B33, the phrase ``is subject to the following requirements.''

is revised to read ``must conform to Table 1 as follows.'' In paragraph

(c)(7)(ii), the statement ``These provisions apply only to

transportation in IM portable tanks:'' is removed because it duplicates

the introductory text of paragraph (c)(7). Special Provision T31 is

amended by correcting the abbreviation ``kpa'' to ``kPa''.

Additionally, in Special Provision T31, the temperature ``65 deg.C''

is revised to read ``65.6 deg.C''.

Section 172.203. Paragraph (h)(2)(i) is amended by replacing the

word ``to'' with the word ``of'' preceding the words ``this

subchapter''.

Section 172.505. In paragraph (a), immediately following the words

``portable tank,'' the word ``and'' is removed and replaced with the

word ``or'' for consistency.

Section 172.604. In paragraph (a)(3)(i), reference to ``this part

172'' is revised to read ``this part''.

Part 173

Section 173.12. Paragraph (d)(3) is removed because labpacks are

only authorized for transportation by highway. Therefore, these

requirements do not apply to marine pollutants because they are not

regulated when packaged in non-bulk packagings and transported by

highway.

Section 173.32. The wording in paragraph (g) ``bad dents'' is

revised to read ``significant dents'' for consistency with paragraph

(e)(2)(ii). An amendment is made in paragraph (q) to correct the

wording ``greater to or equal to'' to read ``greater than or equal

to.''

Section 173.33. In paragraph (c)(1)(iii), the word ``shipped'' is

revised to read ``loaded''.

Section 173.34. Paragraph (e)(18)(i) is amended to correctly

reference paragraph (e)(3) instead of (a)(3).

Section 173.116. In paragraph (a) table, ``LC50'' is corrected to

read ``LC50'' each place it appears.

Section 173.133. In paragraph (b)(1)(iv) table, references to

``Hazard Zone C'' and ``Hazard Zone D'' are removed because these zones

only apply to gases (Division 2.3) and, in the entry ``III (Hazard Zone

D)'' in column 2, the wording ``Packing Groups I and II, Hazard Zones

A, B and C'' is revised to read ``Packing Group I, Hazard Zones A and

B, and Packing Group II''.

Section 173.226. In paragraph (b)(4)(ii)(A), the word ``and'' is

removed at the end of the sentence.

Section 173.230. In paragraph (d), the reference to Division

``6.2'' is revised to read Division ``6.1''.

Section 173.243. In paragraph (b)(2), the wording ``cargo tanks''

is added following ``DOT 412''.

Section 173.315. In Note 15, the section reference for ``(QT) and

(NQT)'' marking requirements is corrected.

Section 173.318. The word ``of'' is revised to read ``or'' in

paragraph (b)(1)(ii)(A). In paragraphs (b)(2)(i) (A) and (B), the words

``his'' and ``this'' are removed and replaced with the word ``a''. In

paragraph (b)(6)(ii), the word ``tanks'' is revised to read ``a tank''.

Parentheses are removed from ``(MRHT)'' in paragraph (g)(2)(i).

Appendix F to Part 173. A grammatical error is corrected in

paragraph 2.(e).

Part 174

Section 174.63. In paragraph (b), the wording ``Federal Railroad

Administrator'' is revised to reflect the ``Associate Administrator for

Safety, FRA''.

Part 175

Section 175.320. In paragraph (a) table, for the entry ``High

explosives'', in column 3, the wording ``Blasting agent n.o.s.'' is

revised to reflect the current shipping descriptions listed in the

Sec. 172.101 Table.

Section 175.700. The second sentence is removed because it is a

duplicate of the first sentence.

Part 176

Section 176.415. In paragraph (b)(2), the wording ``or unloading''

is removed the second time it appears.

Section 176.600. In paragraph (d), the phrase ``cool a reasonably''

is corrected.

Part 177

Sections 177.839, 177.840 and 177.841. In paragraph (d) of these

sections, the ``s'' is removed from the wording ``cargo tanks''.

Section 177.848. In paragraph (e)(6), the word ``for'' is added

following the word ``required'' and preceding the word ``any''.

Section 177.860. In paragraph (a), the wording ``materials which

is'' is corrected.

Part 178

Section 178.245-5. The wording ``shall comply with'' is revised to

read ``shall conform to''.

Section 178.251-1. In paragraph (c), the wording ``be in compliance

with'' is revised to read ``conform''.

Section 178.255-5. In paragraph (b), the wording ``Every such

valve'' is revised to read ``Each valve''.

Section 178.255-12. In paragraph (a), the wording ``pounds per

square inch gauge'' is abbreviated to ``psig''.

Section 178.270-11. In paragraph (b)(1), the word ``transverse'' is

revised to read ``transversal'' to modify ``center of the tank''. In

paragraph (d)(2), the phrase ``or less than or'' is revised to read

``to less than or''.

Sections 178.271-1 and 178.272-1. In paragraph (a), the wording

``comply with'' is revised to read ``conform to''.

Section 178.337-1. In paragraph (b), the word ``chapter'' is

revised to read ``subchapter''. Also, in paragraph (d), the wording

``unless it be'' is corrected.

Section 178.337-2. In paragraph (a)(1), the wording ``comply with''

is revised to read ``conform to''. In paragraph (c), the wording ``post

weld'' is revised to read ``postweld''.

Section 178.337-18. In paragraph (a)(3), the wording ``comply

with'' is revised to read ``conform to''.

Section 178.348-10. In paragraph (d)(3), in the last sentence, all

text after the word ``acceptable'' is removed.

Section 178.350-3. In paragraph (b), the section reference

``Sec. 173.24'' is revised to read ``Sec. 172.310''.

Part 180

Section 180.405. In paragraph (f)(6), the word ``must'' is removed

and replaced with the word ``shall''.

Section 180.407. In paragraph (d)(4), the word ``tank'' is added

following the word ``cargo''.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not considered a significant regulatory action

under section 3(f) of Executive Order 12866 and, therefore, was not

subject to review by the Office of Management and Budget. This rule is

not significant according to the Regulatory Policies and Procedures of

the Department of Transportation (44 FR 11034). This final rule does

not require a Regulatory Impact Analysis, or a regulatory evaluation,

or an environmental assessment or impact statement under the National

Environmental Policy Act (42 U.S.C. 4321 et seq.).

Executive Order 12612

This final rule has been analyzed in accordance with the principles

and criteria in Executive Order 12612 (``Federalism'') and does not

have sufficient federalism impacts to warrant the preparation of a

federalism assessment.

Regulatory Flexibility Act

I certify that this final rule will not have a significant economic

impact on a substantial number of small entities. This rule makes minor

editorial changes which will not impose any new requirements on persons

subject to the HMR; thus, there are no direct or indirect adverse

economic impacts for small units of government, businesses, or other

organizations.

Paperwork Reduction Act

There are no new information collection requirements in this final

rule.

List of Subjects

49 CFR Part 106

Administrative practice and procedure, Hazardous materials

transportation, Oil, Pipeline safety.

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 130

Oil, Response plans, Reporting and recordkeeping requirements,

Transportation.

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Incorporation by reference, Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation, Hazardous waste, 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 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, 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, Reporting and recordkeeping

requirements.

In consideration of the foregoing, 49 CFR Chapter I is amended as

follows:

PART 106--RULEMAKING PROCEDURES

1. The parenthetical authorities at the end of any sections in part

106 are removed and the authority citation is revised to read as

follows:

Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 40113, 60101-

60125; 49 CFR 1.53.

2. In Sec. 106.3, paragraph (b) is revised and a new paragraph (c)

is added to read as follows:

Sec. 106.3 Delegations.

* * * * *

(b) Associate Administrator for Pipeline Safety.

(c) Associate Administrator for Research, Technology and Analysis.

Appendix A [Removed]

3. Appendix A to part 106 is removed.

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

4. The parenthetical authorities at the end of any sections in part

107 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.

Sec. 107.3 [Amended]

5. In Sec. 107.3, the following changes are made:

a. In the first sentence of introductory text, the wording

``Section 103 of the Act'' is revised to read ``49 U.S.C. 5102''.

b. The term ``Act'' and its definition are removed.

c. For the definition ``Person'', in paragraph (2), the wording

``sections 110 and 111 of the Act (49 App. U.S.C. 1809-1810)'' is

revised to read ``49 U.S.C. 5123 and 5124''.

d. For the definition ``State'', the wording ``section 121 (49 App.

U.S.C. 1819)'' is revised to read ``49 U.S.C. 5119''.

6. In addition, in Sec. 107.3, a new definition for ``Federal

hazardous material transportation law'' is added in alphabetical order

to read as follows:

Sec. 107.3 Definitions.

* * * * *

Federal hazardous material transportation law means 49 U.S.C. 5101

et seq.

* * * * *

Sec. 107.101 [Amended]

7. In Sec. 107.101, the wording ``Hazardous Materials

Transportation Act'' is removed and replaced with ``Federal hazardous

material transportation law''.

Sec. 107.103 [Amended]

8. In 107.103, the following changes are made:

a. In paragraph (a), the wording ``46 CR'' is revised to read ``46

CFR''.

b. In paragraph (b)(10), a semicolon is added immediately following

the word ``reasons''.

Sec. 107.111 [Amended]

9. In Sec. 107.111, in paragraph (b)(3), a semicolon is added

immediately following the word ``applicant'' and preceding the word

``and''.

Sec. 107.201 [Amended]

10. In Sec. 107.201, the following changes are made:

a. In paragraph (a)(1), the wording ``section 105(a)(4) or section

112(a)(1) or (a)(2) of the Act (49 App. U.S.C. 1804 and 1811)'' is

revised to read ``49 U.S.C. 5125''.

b. In paragraph (a)(2), the wording ``section 105(a)(4) or section

112(a)(1) or (a)(2) of the Act'' is revised to read ``49 U.S.C. 5125''.

c. In paragraph (c), the wording ``the Act'' is revised to read

``Federal hazardous material transportation law''.

11. In Sec. 107.202, paragraphs (a), (b), and (c) are revised to

read as follows:

Sec. 107.202 Standards for determining preemption.

(a) Except as provided in 49 U.S.C. 5125(c) and unless otherwise

authorized by Federal law, any law, regulation, order, ruling,

provision, or other requirement of a State, political subdivision, or

Indian tribe, which concerns the following subjects and which is not

substantively the same as any provision of the Federal hazardous

materials transportation law or any regulation issued thereunder, is

preempted:

(1) The designation, description, and classification of hazardous

material.

(2) The packing, repacking, handling, labeling, marking, and

placarding of hazardous material.

(3) The preparation, execution, and use of shipping documents

pertaining to hazardous material and requirements related to the

number, content, and placement of those documents.

(4) The written notification, recording, and reporting of the

unintentional release in transportation of hazardous material.

(5) The design, manufacturing, fabrication, marking, maintenance,

reconditioning, repairing, or testing of a packaging or a container

which is represented, marked, certified, or sold as qualified for use

in the transportation of hazardous material.

(b) Except as provided in Sec. 107.221 and unless otherwise

authorized by Federal law, any requirement of a State or political

subdivision or Indian tribe is preempted if--

(1) Complying with a requirement of the State, political

subdivision, or Indian tribe and a requirement under the Federal

hazardous material transportation law or regulations issued thereunder

is not possible;

(2) The requirement of the State, political subdivision, or Indian

tribe, as applied or enforced, is an obstacle to accomplishing and

carrying out the Federal hazardous material transportation law or

regulations issued thereunder; or

(3) It is preempted under 49 U.S.C. 5125 (b) or (c).

(c) A State, political subdivision, or Indian tribe may impose a

fee related to transporting hazardous material only if the fee is fair

and used for a purpose related to transporting hazardous material,

including enforcement and planning, developing and maintaining a

capability for emergency response.

* * * * *

Sec. 107.203 [Amended]

12. In Sec. 107.203, the following changes are made:

a. In paragraph (b)(3), the wording ``Act or the regulations issued

under the Act'' is revised to read ``Federal hazardous material

transportation law or the regulations issued thereunder''.

b. In paragraph (c), the wording ``Act or any regulation issued

under the Act'' is revised to read ``Federal hazardous material

transportation law or the regulations issued thereunder''.

13. In addition, in Sec. 107.203, paragraph (a) is revised to read

as follows:

Sec. 107.203 Application.

(a) With the exception of highway routing matters covered under 49

U.S.C. 5125(c), any person, including a State, political subdivision,

or Indian tribe, directly affected by any requirement of a State,

political subdivision, or Indian tribe, may apply to the Associate

Administrator for Hazardous Materials Safety for a determination of

whether that requirement is preempted by Sec. 107.202 (a) or (b).

* * * * *

Sec. 107.209 [Amended]

14. In Sec. 107.209, the following changes are made:

a. In paragraph (b), the wording ``Act or the regulations issued

under the Act'' is revised to read ``Federal hazardous material

transportation law or the regulations issued thereunder''.

b. In paragraph (e), the wording ``Act'' is revised to read

``Federal hazardous material transportation law'' each place it

appears.

Sec. 107.215 [Amended]

15. In Sec. 107.215, the following changes are made:

a. In the first sentence of paragraph (a) introductory text, the

wording ``section 105(b) of the Act (49 App. U.S.C. 1804(b))'' is

revised to read ``49 U.S.C. 5125(c)''.

b. Also in paragraph (a) introductory text, the wording ``Act or

the regulations issued under the Act'' is revised to read ``Federal

hazardous material transportation law or the regulations issued

thereunder''.

c. In paragraph (a)(1), the wording ``Act or regulations issued

under the Act'' is revised to read ``Federal hazardous material

transportation law or the regulations issued thereunder''.

d. In paragraphs (b)(4), (b)(5), and (b)(6), the wording ``Act or

the regulations issued under the Act'' is revised to read ``Federal

hazardous material transportation law or the regulations issued

thereunder'' each place it appears.

Sec. 107.219 [Amended]

16. In Sec. 107.219, in paragraphs (c)(1) and (c)(2), the wording

``Act or the regulations issued under the Act'' is revised to read

``Federal hazardous material transportation law or the regulations

issued thereunder'' each place it appears.

Sec. 107.221 [Amended]

17. In Sec. 107.221, the following changes are made:

a. In paragraph (b) introductory text, in the first sentence, the

wording ``Act and the regulations issued under the Act'' is revised to

read ``Federal hazardous material transportation law or the regulations

issued thereunder''.

b. In paragraph (e), the wording ``under the Act'' is revised to

read ``under the Federal hazardous material transportation law''.

18. In Sec. 107.299, the definitions are placed in alphabetical

order and the definition of ``Investigation'' is revised to read as

follows:

Sec. 107.299 Definitions.

* * * * *

Investigation includes investigations authorized under 49 U.S.C.

5121 and inspections authorized under 49 U.S.C. 5118 and 5121.

Sec. 107.305 [Amended]

19. In Sec. 107.305, the following changes are made:

a. In paragraphs (a) and (b), the wording ``section 109(a) of the

Act'' is revised to read ``49 U.S.C. 5121(a)'' each place it appears.

b. In paragraph (b), in the second sentence, the wording ``Section

109(b) of the Act'' is revised to read ``49 U.S.C. 5121(c)''.

Sec. 107.311 [Amended]

20. In Sec. 107.311, in paragraphs (a) and (b)(1), the wording

``Act, an order issued under the Act'' is revised to read ``Federal

hazardous material transportation law, an order issued thereunder''

each place it appears.

Sec. 107.329 [Amended]

21. In Sec. 107.329, the following changes are made:

a. In paragraphs (a) and (b), each reference to ``subchapter B of

this chapter'' is revised to read ``this subchapter''.

b. Also, in paragraphs (a) and (b), the wording ``Act, an order

issued under the Act'' is revised to read ``Federal hazardous material

transportation law, an order issued thereunder'' each place it appears.

Sec. 107.333 [Amended]

22. In Sec. 107.333, the wording ``Act or an order or regulation

issued under the Act'' is revised to read ``Federal hazardous material

transportation law or an order or regulation issued thereunder''.

Sec. 107.337 [Amended]

23. In Sec. 107.337, the following changes are made:

a. The wording ``provision of the Act'' is revised to read

``provision of the Federal hazardous material transportation law''.

b. At the end of the section, the wording ``section 111(a) of the

Act'' is revised to read ``49 U.S.C. 5122(a)''.

Sec. 107.339 [Amended]

24. In Sec. 107.339, the wording ``section 111(b) of the Act'' is

revised to read ``49 U.S.C. 5122(b)''.

Subparts C, D, and E of Part 107--[Amended]

25. The authority citations for subparts C, D, and E of part 107

are removed.

Sec. 107.403 [Amended]

26. In Sec. 107.403, in paragraph (c), the word ``Director'' is

removed and replaced with ``Associate Administrator for Hazardous

Materials Safety'', each place it appears.

Sec. 107.503 [Amended]

27. In Sec. 107.503, in paragraph (c), in the last sentence, the

wording ``ASME Certification of Authorization'' is revised to read

``ASME Certificate of Authorization''.

Secs. 107.301, 107.307, 107.309, 107.335 [Amended]

28. In addition to the amendments set forth above, Secs. 107.301,

107.307(a), 107.309(a), and 107.335 are amended by removing the word

``Act'' and inserting in its place ``Federal hazardous material

transportation law'' each place it appears.

PART 110--HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING

GRANTS

29. The authority citation for part 110 is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

30. In Sec. 110.20, the introductory paragraph and the definition

of ``National curriculum'' are revised to read as follows:

Sec. 110.20 Definitions.

Unless defined in this part, all terms defined in 49 U.S.C. 5102

are used in their statutory meaning and all terms defined in 49 CFR

part 18 and OMB Circular A-102, with respect to administrative

requirements for grants, are used as defined therein. Other terms used

in this part are defined as follows:

* * * * *

National curriculum means the curriculum required to be developed

under 49 U.S.C. 5115 and necessary to train public sector emergency

response and preparedness teams, enabling them to comply with

performance standards as stated in 49 U.S.C. 5115(c).

* * * * *

Sec. 110.30 [Amended]

31. In Sec. 110.30, in paragraph (c) introductory text, the word

``Tribe'' is revised to read ``tribe''.

32. In addition, in Sec. 110.30, paragraph (a) introductory text is

revised to read as follows:

Sec. 110.30 Grant application.

(a) General. An applicant for a planning or training grant shall

use only the standard application forms approved by the Office of

Management and Budget (OMB) (SF-424 and SF-424A) under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3502). Applicants are required to

submit an original and two copies of the application package to: Grants

Manager, Research and Special Programs Administration, U.S. Department

of Transportation, 400 7th Street, SW., Washington, DC 20590-0001.

Applications received on or before January 1st and July 1st of each

year will be considered in that cycle of the semi-annual review and

award process. An initial round of the review and award process will

consider applications received on or before November 15, 1992. Requests

and continuation applications must include an original and two copies

of the affected pages; previously submitted pages with information that

is still current do not have to be resubmitted. The application must

include the following:

* * * * *

Sec. 110.60 [Amended]

33. In Sec. 110.60, in paragraph (a) introductory text, in the

second sentence, the wording ``hard match'' is revised to read ``hard-

match''.

Sec. 110.120 [Amended]

34. In Sec. 110.120, in the last sentence, the wording ``HMTUSA

Grants Manager'' is revised to read ``Grants Manager''.

PART 130--OIL SPILL PREVENTION AND RESPONSE PLANS

35. The authority citation for part 130 is revised to read as

follows:

Authority: 33 U.S.C. 1321; 49 CFR 1.53.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

36. The parenthetical authorities at the end of any sections in

part 171 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 171.1 [Amended]

37. In Sec. 171.1, the following changes are made:

a. In paragraph (c), the wording ``of the Act, all orders and

regulations issued under the Act'' is revised to read ``of the Federal

hazardous material transportation law, all orders and regulations

issued thereunder''.

b. In addition, in paragraph (c), the wording ``by the Act'' is

revised to read ``by the Federal hazardous material transportation

law''.

Sec. 171.2 [Amended]

38. In Sec. 171.2, the following changes are made:

a. In paragraph (f)(1), the wording ``under the Act'' is revised to

read ``under the Federal hazardous material transportation law''.

b. In paragraphs (f)(2) and (g)(2), the term ``rail freight car''

is revised to read ``rail car'', each place it appears.

c. In paragraph (g)(1), the wording ``Any marking label'' is

revised to read ``Any marking, label''.

d. Also in paragraph (g)(1), the wording ``Act, or a regulation

issued under the Act'' is revised to read ``Federal hazardous material

transportation law, or the regulations issued thereunder''.

39. In Sec. 171.3, the Note in paragraph (b)(3)(iii) is revised to

read as follows:

Sec. 171.3 Hazardous waste.

* * * * *

(b) * * *

(3) * * *

(iii) * * *

Note: Federal law specifies penalties up to $250,000 fine for an

individual and $500,000 for a company and 5 years imprisonment for

the willful discharge of hazardous waste at other than designated

facilities. 49 U.S.C. 5124.

* * * * *

Sec. 171.7 [Amended]

40. In Sec. 171.7, the paragraph (a)(3) table, in the entry for

Compressed Gas Association, Inc., the address ``1235 Jefferson Davis

Highway'' is revised to read ``1725 Jefferson Davis Highway''.

Sec. 171.8 [Amended]

41. In Sec. 171.8, the following changes are made:

a. For the definition of ``NPT'', the wording ``in compliance with

the'' is revised to read ``conforming to''.

b. For the definition of ``Person'', in paragraph (2), the wording

``sections 110 and 111 of the Hazardous Materials Transportation Act

(49 App. U.S.C. 1809-1810)'' is revised to read ``49 U.S.C. 5123 and

5124''.

42. In addition, in Sec. 171.8, the definition of ``Federal

hazardous materials transportation law'' is added in alphabetical order

to read as follows:

Sec. 171.8 Definitions.

* * * * *

Federal hazardous material transportation law means 49 U.S.C. 5101

et seq.

* * * * *

Sec. 171.11 [Amended]

43. In Sec. 171.11, in paragraph (d)(6)(i), the section reference

``Sec. 172.203(d)(1)(iii)'' is revised to read ``Sec. 172.203(d)(4)''.

Sec. 171.12 [Amended]

44. In Sec. 171.12, in paragraph (d)(1), the section reference

``Sec. 172.203(d)(1)(iii)'' is revised to read ``Sec. 172.203(d)(4)''.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

45. The authority citation for part 172 continues to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 172.101 [Amended]

46. In Sec. 172.101, the following changes are made:

a. In paragraph (c)(8) introductory text and paragraph (c)(8)(ii),

the wording ``the appendix'' is revised to read ``Appendix A'' each

place it appears.

b. In paragraph (d)(4), the reference ``Sec. 173.150 (f)'' is

revised to read ``Sec. 173.150(e) or (f)''.

c. In paragraph (g), the reference ``subpart D'' is revised to read

``subpart E''.

d. In the Hazardous Materials Table, the following changes are

made:

1. The entry ``Ethylene oxide and carbon dioxide mixtures, see

Carbon dioxide and ethylene oxide mixtures, etc.'' is removed.

2. For the entry ``Mobility aids, see Wheel chair, electric:.'', in

Column (2), the colon and period are removed at the end of the proper

shipping name.

Appendix A to Sec. 172.101 [Amended]

47. In appendix A to Sec. 172.101, the following changes are made:

a. In the introductory text, in paragraph 1., in the second

sentence, the wording ``the Hazardous Materials Transportation Act'' is

revised to read ``49 U.S.C. 5101-5127''.

b. In the introductory text, in paragraph 1., in the last sentence,

the wording ``the Hazardous Materials Transportation Act (49 U.S.C.

1801 et seq.)'' is revised to read ``49 U.S.C. 5101-5127''.

c. In Table 1--Hazardous Substances Other Than Radionuclides, the

following changes are made:

1. For the entry ``Cresols'', in column 2, the wording ``Phenol,

methyl-'' is removed the second time it appears.

2. For the entry ``DDT'', in column 2, the word ``Bezene'' is

revised to read ``Benzene''.

3. For the entry ``Tetrachloroethane'', in column 2, the wording

``1,1,2,-Tetrachloroethane'' is revised to read ``1,1,2,2,-

Tetrachloroethane''.

Sec. 172.102 [Amended]

48. In Sec. 172.102, the following changes are made:

a. In paragraph (c)(1), in Special Provision 14, a parenthetical

mark is added following ``dichloride'' and the parenthetical mark

following ``stabilizers'' is removed.

b. In paragraph (c)(1), Special Provision 42 is removed.

c. In paragraph (c)(3), in Special Provision B5, in the first

sentence, the word ``the'' preceding the word ``transport'' is removed.

d. In paragraph (c)(3), in Special Provision B32, a comma is added

to immediately follow ``MC 331''.

e. In paragraph (c)(3), in Special Provision B33, in the first

sentence, the phrase ``are subject to the following requirements.'' is

revised to read ``must conform to Table 1 of this Special Provision.''.

f. In paragraph (c)(3), in Special Provision B90, in the first

sentence, the wording ``Steel tank'' is revised to read ``Steel

tanks''.

g. In paragraph (c)(7)(ii), the introductory text ``These

provisions apply only to transportation in IM portable tanks:'' is

removed.

h. In paragraph (c)(7)(ii), in Special Provision T31, the wording

``65 kpa (9.4 psia) at 65 deg.C (150 deg.F)'' is revised to read ``65

kPa (9.4 psia) at 65.6 deg.C (150 deg.F)''.

Sec. 172.203 [Amended]

49. In Sec. 172.203, the following changes are made:

a. In paragraph (e)(2), the wording ``171.8'' is revised to read

``Sec. 171.8''.

b. In paragraph (h)(2)(i), the word ``to'' preceding the wording

``this subchapter'' is revised to read ``of''.

c. In paragraph (k) introductory text, in the second sentence, the

wording ``(contains caprylyl chloride)'' is revised to read ``(contains

Caprylyl chloride)''.

d. In paragraph (k)(3), in the list of proper shipping names, for

the proper shipping name, ``Corrosive solids, self heating, n.o.s.'', a

hyphen is added between the words ``self'' and ``heating''.

Sec. 172.334 [Amended]

50. In Sec. 172.334, in paragraph (b)(3), a comma is added

following ``(c)(5)''.

Sec. 172.505 [Amended]

51. In Sec. 172.505, in paragraph (a), in the first sentence,

immediately following the words ``portable tank,'' the word ``and'' is

removed and replaced with the word ``or''.

Sec. 172.600 [Amended]

52. In Sec. 172.600, in paragraph (c)(2), the word ``state'' is

revised to read ``State''.

Sec. 172.604 [Amended]

53. In Sec. 172.604, in paragraph (a)(3)(i), the wording ``this

part 172'' is revised to read ``this part''.

Appendix A to Part 172 [Amended]

54. In Appendix A to part 172, in the first sentence, the wording

``L'Eclariage'' is revised to read ``L'Eclairage.''

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND

PACKAGINGS

55. The parenthetical authorities at the end of any sections in

part 173 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 173.11 [Amended]

56. In Sec. 173.11, in paragraph (b)(4), the comma is removed after

the wording ``tank car''.

Sec. 173.12 [Amended]

57. In Sec. 173.12, the following changes are made:

a. In paragraph (d)(1), the word ``and'' is added immediately

following the semicolon at the end of the paragraph.

b. In paragraph (d)(2), the wording ``; and'' is removed and

replaced with a period.

c. Paragraph (d)(3) is removed.

Sec. 173.27 [Amended]

58. In Sec. 173.27, the following changes are made:

a. In paragraph (f), Table 2., in the row entitled ``Solids:

greater than 15 kg, not greater than 50 kg'', in column 3, the quantity

limit of ``5 g'' is revised to read ``5 kg''.

b. In paragraph (g)(1), the word ``headings'' is revised to read

``headrings''.

Sec. 173.32 [Amended]

59. In Sec. 173.32, the following changes are made:

a. In paragraph (g), the wording ``bad dents'' is revised to read

``significant dents''.

b. In paragraph (q) introductory text, the phrase ``greater to or

equal to'' is amended to read ``greater than or equal to''.

Sec. 173.33 [Amended]

60. In Sec. 173.33, the following changes are made:

a. In paragraph (c)(1)(iii), the word ``shipped'' is revised to

read ``loaded'' each place it appears.

b. In paragraph (c)(1)(iv), the period following the reference

``(c)(1)(i)'' is removed and replaced with a comma.

Sec. 173.34 [Amended]

61. In Sec. 173.34, in paragraph (e)(18)(i), in the first sentence,

the reference ``(a)(3)'' is revised to read ``(e)(3)''.

Subpart D--[Amended]

62. In the subpart D title, the words ``other than'' are revised to

read ``Other Than''.

Sec. 173.116 [Amended]

63. In Sec. 173.116, in the paragraph (a) table, in column 2, the

wording ``LC50'' is revised to read ``LC50'' each place it

appears.

Sec. 173.133 [Amended]

64. In Sec. 173.133, in the paragraph (b)(1)(iv) table, in column

1, in the third and fourth entries, the wording ``(Hazard Zone C).''

and ``(Hazard Zone D)'' are removed and in column 2, in the last entry,

the wording ``Packing Groups I and II, Hazard Zones A, B and C'' is

revised to read ``Packing Group I, Hazard Zones A and B, and Packing

Group II''.

Sec. 173.217 [Amended]

65. In Sec. 173.217, in paragraph (a), in the last sentence, the

wording ``2-3 kg (5 lbs)'' is revised to read ``2.3 kg (5 lbs)''.

Sec. 173.226 [Amended]

66. In Sec. 173.226, in paragraph (b)(4)(ii)(A), the word ``and''

is removed at the end of the paragraph.

Sec. 173.227 [Amended]

67. In Sec. 173.227, in the section heading, the period following

``Division 6.1'' is removed and replaced with a comma.

Sec. 173.230 [Amended]

68. In Sec. 173.230, in paragraph (d), the reference ``6.2'' is

revised to read ``6.1''.

Sec. 173.243 [Amended]

69. In Sec. 173.243, in paragraph (b)(2), the wording ``cargo

tanks'' is added immediately following ``DOT 412''.

Sec. 173.301 [Amended]

70. In Sec. 173.301, in paragraph (g) introductory text, the period

following the word ``methods'' is removed and replaced with a colon.

Sec. 173.309 [Amended]

71. In Sec. 173.309, the following changes are made:

a. In paragraph (a)(1), the word ``non-corrosive'' is revised to

read ``noncorrosive''.

b. In paragraphs (a)(3)(iii), (a)(4)(ii), and (b)(2), the wording

``kpa'' is revised to read ``kPa'' each place it appears.

c. In paragraph (a)(4)(ii), the reference ``55 deg.C-- (130

deg.F)'' is revised to read ``55 deg.C (130 deg.F)'' each place it

appears.

Sec. 173.315 [Amended]

72. In Sec. 173.315, in the paragraph (a) table, in Note 15, in the

next to last sentence, the section reference ``Sec. 172.328(d)'' is

revised to read ``Sec. 172.328(c)''.

Sec. 173.318 [Amended]

73. In Sec. 173.318, the following changes are made:

a. In paragraph (b)(1)(ii)(A), the wording ``One of more'' is

revised to read ``One or more''.

b. In paragraphs (b)(2)(i) (A) and (B), the words ``his'' and

``this'', respectively, are removed and replaced with the word ``a''.

c. In paragraph (b)(6)(ii), the wording ``On tanks'' is revised to

read ``On a tank''.

d. In paragraph (g)(2)(i), the wording ``an (MRHT)'' is revised to

read ``an MRHT''.

Subpart I--[Amended]

74. The authority citation for subpart I to part 173 is removed.

Appendix A to Part 173--[Amended]

75. In Appendix A to part 173, in paragraph 2., a comma is added

immediately after the wording ``surgical gauze''.

Appendix F to Part 173--[Amended]

76. In Appendix F to part 173, in paragraph 2.(e), in the third

sentence, the phrase ``combustion are observed'' is revised to read

``combustion is observed''.

PART 174--CARRIAGE BY RAIL

77. The authority citation for part 174 continues to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 174.63 [Amended]

78. In Sec. 174.63, in paragraph (b), the wording ``Federal

Railroad Administrator'' is revised to read ``Associate Administrator

for Safety, FRA''.

Sec. 174.100 [Amended]

79. In Sec. 174.100, in the section heading and in the first

sentence of paragraph (b), the ``I'' is revised to read ``1''.

PART 175--CARRIAGE BY AIRCRAFT

80. The parenthetical authorities at the end of any sections in

part 175 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 175.320 [Amended]

81. In Sec. 175.320, in the table in paragraph (a), in the entry

``High explosives'', in column 2, the wording ``Division 1.1 or 1.2

(Class A) explosives'' is revised to read ``Class 1 (explosive)

materials'' and, in column 3, the wording ``Blasting agent n.o.s.'' is

revised to read ``Blasting explosives (Division 1.1D or 1.5D), or

Blasting agent (Division 1.5D), Very insensitive explosive substances,

n.o.s., or Substances, EVI, n.o.s. (Division 1.5D), Extremely

insensitive explosive articles or Articles, EEI (Division 1.6N)''.

Sec. 175.700 [Amended]

82. In Sec. 175.700, in paragraph (b), the second sentence is

removed.

PART 176--CARRIAGE BY VESSEL

83. The parenthetical authorities at the end of any sections in

part 176 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 176.13 [Amended]

84. In Sec. 176.13, in paragraph (c), the reference

``Sec. 172.704(c)'' is revised to read ``Sec. 172.704(d)''.

Subpart F of Part 176--[Amended]

85. The authority citation in subpart F of part 176 is removed.

Sec. 176.415 [Amended]

86. In Sec. 176.415, in paragraph (b)(2), the wording ``or

unloading'' is removed, the second time it appears.

Sec. 176.600 [Amended]

87. In Sec. 176.600, in paragraph (d), the wording ``cool a

reasonably'' is revised to read ``cool as reasonably''.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

88. The parenthetical authorities at the end of any sections in

part 177 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 177.838 [Amended]

89. In Sec. 177.838, the following changes are made:

a. In paragraph (g), the wording ``3.6 kg (7.9 pounds)'' is revised

to read ``3.6 kg (8 pounds)''.

b. In paragraph (h), the word ``pyroforic'' is revised to read

``pyrophoric'' each place it appears.

Sec. 177.839 [Amended]

90. In Sec. 177.839, in paragraph (d) introductory text, in the

first sentence, the wording ``cargo tanks'' is revised to read ``cargo

tank'', each place it appears.

Sec. 177.840 [Amended]

91. In Sec. 177.840, in paragraph (d), in the first sentence, the

wording ``cargo tanks'' is revised to read ``cargo tank''.

Sec. 177.841 [Amended]

92. In Sec. 177.841, in paragraph (d) introductory text, in the

first sentence, the wording ``cargo tanks'' is revised to read ``cargo

tank'', each place it appears.

Sec. 177.848 [Amended]

93. In Sec. 177.848, in paragraph (e)(6), in the second sentence,

the word ``for'' is added following the word ``required'' and preceding

the word ``any''.

Sec. 177.860 [Amended]

94. In Sec. 177.860, the following changes are made:

a. In paragraph (a) introductory text, in the first sentence, the

wording ``materials which is'' is revised to read ``material which

is''.

b. In paragraph (b), the wording ``Division 6 1'' is revised to

read ``Division 6.1''.

PART 178--SPECIFICATIONS FOR PACKAGINGS

95. The parenthetical authorities at the end of any sections in

part 178 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 178.245-5 [Amended]

96. In Sec. 178.245-5, in paragraph (b), the wording ``shall comply

with'' is revised to read ``shall conform to''.

Sec. 178.255-5 [Amended]

97. In Sec. 178.255-5, in paragraph (b), in the second sentence,

the wording ``Every such valve'' is revised to read ``Each valve''.

Sec. 178.255-12 [Amended]

98. In Sec. 178.255-12, in the first sentence of paragraph (a),

``pounds per square inch gauge'' is revised to read ``psig''.

Sec. 178.270-9 [Amended]

99. In Sec. 178.270-9, in the second sentence, the word ``obround''

is revised to read ``round''.

Sec. 178.270-11 [Amended]

100. In Sec. 178.270-11, the following changes are made:

a. In paragraph (b)(1) introductory text, in the last sentence, the

word ``transverse'' is revised to read ``transversal''.

b. In paragraph (d)(2), in the first sentence, the phrase ``or less

than or'' is revised to read ``to less than or''.

Sec. 178.271-1 [Amended]

101. In Sec. 178.271-1, in paragraph (a), the wording ``comply

with'' is revised to read ``conform to''.

Sec. 178.272-1 [Amended]

102. In Sec. 178.272-1, in paragraph (a), the wording ``comply

with'' is revised to read ``conform to''.

Sec. 178.337-1 [Amended]

103. In Sec. 178.337-1, the following changes are made:

a. In paragraph (b), the word ``chapter'' is revised to read

``subchapter''.

b. In paragraph (d), the wording ``unless it be'' is revised to

read ``unless''.

Sec. 178.337-2 [Amended]

104. In Sec. 178.337-2, the following changes are made:

a. In paragraph (a)(1), the wording ``comply with'' is revised to

read ``conform to''.

b. In paragraph (c), in the last sentence, the wording ``post

weld'' is revised to read ``postweld''.

Sec. 178.337-3 [Amended]

105. In Sec. 178.337-3, in paragraph (c)(3)(i), the colon following

the word ``pressure'' is removed and replaced with a semicolon.

Sec. 178.337-11 [Amended]

106. In Sec. 178.337-11, in paragraph (a)(2)(i), in the third

sentence, the wording ``loading unloading'' is revised to read

``loading/unloading''.

Sec. 178.337-18 [Amended]

107. In Sec. 178.337-18, in paragraph (a)(3), in the first

sentence, the wording ``comply with'' is revised to read ``conform

to''.

Sec. 178.338-1 [Amended]

108. In Sec. 178.338-1, in paragraph (c)(1), in the third sentence,

the quotation marks before and after the wording ``design pressure''

are removed.

Sec. 178.345-3 [Amended]

109. In Sec. 178.345-3, the following changes are made:

a. In paragraph (e), the reference ``178.347-2'' is revised to read

``Sec. 178.347-2''.

b. In paragraph (g) introductory text, the period is removed

following the word ``requirements'' and replaced with a colon.

Sec. 178.345-7 [Amended]

110. In Sec. 178.345-7, in paragraph (a)(2), in the last sentence,

the words ``conical shall'' is revised to read ``conical shell''.

Sec. 178.345-14 [Amended]

111. In Sec. 178.345-14, the following changes are made:

a. In paragraph (b)(6), the period after the parenthetical wording

``(Water cap.)'' is removed and replaced with a comma.

b. In paragraph (b)(15), a period is added following the word

``feet''.

c. In paragraph (c)(3), the semicolon following the parenthetical

wording``(CT mfr.)'' is removed and replaced with a period.

d. In paragraph (c)(6), the parenthetical wording ``(Max load.

rate, GPM)'' is revised to read ``(Max. load rate, GPM)''.

e. In paragraph (c)(7), the parenthetical wording ``(Max. unload.

rate, GPM)'' is revised to read ``(Max. unload rate, GPM)''.

Sec. 178.347-2 [Amended]

112. In Sec. 178.347-2, the following changes are made:

a. In paragraph (a), in the titles of Tables I and II, a period

between the words ``(MS)'' and ``HIGH'' is removed and replaced with a

comma, each place it appears.

b. In Table I, in the column ``Over 18 to 22'', for the entry

``Thickness (AL)'', ``0 187'' is revised to read ``0.187''.

Sec. 178.348-10 [Amended]

113. In Sec. 178.348-10, in paragraph (d)(3), in the last sentence,

the phrase ``as this will provide a great vent capacity requirement''

is removed.

Sec. 178.350-3 [Amended]

114. In Sec. 178.350-3, in paragraph (b), the reference

``Sec. 173.24'' is revised to read ``Sec. 172.310''.

PART 179--SPECIFICATIONS FOR TANK CARS

115. The parenthetical authorities at the end of any sections in

part 179 are removed and the authority citation is revised to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Subpart F--[Amended]

116. The authority citation for subpart F to part 179 is removed.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

117. The authority citation is revised to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 180.405 [Amended]

118. In Sec. 180.405, in paragraph (f)(6), the word ``must'' is

revised to read ``shall''.

Sec. 180.407 [Amended]

119. In Sec. 180.407, in paragraph (d)(4), the word ``tank'' is

added following the word ``cargo''.

Sec. 180.415 [Amended]

120. In Sec. 180.415, in paragraph (b), in the last sentence, the

colons preceding the wordings ``P for pressure'' and ``L for lining''

are removed and replaced with semicolons.

Issued in Washington, DC on September 14, 1994, under authority

delegated in 49 CFR part 1.

D.K. Sharma,

Administrator.

[FR Doc. 94-23301 Filed 9-23-94; 8:45 am]

BILLING CODE 4910-60-P