Hazardous Materials Regulations; Editorial Corrections and Clarifications

SUMMARY: This final rule corrects editorial errors, makes minor

regulatory changes, and in response to requests for clarification,

improves the clarity of certain provisions of the Hazardous Materials

Regulations (HMR). 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: October 1, 1995.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous

Materials Standards, (202)366-8553, 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 its 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.

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), changes

to legal citations and certain other minor adjustments to enhance the

clarity of the HMR.

Summary of Regulatory Changes by Section

Part 107

Appendix A to Subpart B

Under the sections entitled ``Motor Carriers'' and ``Water

Carriers,'' the names of the offices in the Federal Highway

Administration and the United States Coast Guard designated for

handling emergency exemptions are revised to reflect recent name

changes.

Section 107.335

In the first sentence, the word ``chapter'' the first place it

appears, is corrected to read ``subchapter.''

Part 171

Section 171.8

Definitions for ``Hazmat employee'' and ``Hazmat employer,'' as

mandated by the Federal Hazardous Materials Transportation Law, Section

5102, are revised to include persons who are involved in the

manufacturing of hazardous material packages. In addition, the

definition of ``Hazardous material'' is corrected by removing the

reference to Sec. 172.102, which is not applicable.

Section 171.10

In paragraph (c)(2), the Table of Conversion Factors For SI Units

is revised to more accurately reflect certain equivalent measurements

for pressure.

Section 171.12

Paragraph (b)(5) is revised to reflect the correct reference to the

International Maritime Dangerous Goods (IMDG) Code.

Section 171.15

Paragraph (b) is revised to reflect the new telephone number for

the Director, Center for Disease Control in Atlanta, Georgia.

Part 172

Section 172.101

In paragraph (i)(4), the packaging section table is revised by

adding packaging sections for pyrophoric materials.

The Hazardous Materials Table (the Table). The Table is amended as

follows:

Punctuation and other minor editorial corrections to proper

shipping names in Column (2) are made to the following entries:

``Antimony trifluoride solution,'' ``Benzoic derivative pesticides,

solid toxic,'' ``Bromates, inorganic, aqueous solution, n.o.s.,''

``Cyclonite and cyclotetramethylenetetranitramine mixtures, wetted or

desensitized see RDX and HMX mixtures, wetted or desensitized etc.,''

``Permanganates, inorganic, aqueous solution, n.o.s.,'' ``Pesticides,

liquid, flammable, toxic, flashpoint less than 23 degrees C,'' ``Toxic

liquids, water-reactive, n.o.s.,'' ``Toxic liquids, water-reactive,

n.o.s. Inhalation hazard, packing group I, Zone A,'' ``Toxic liquids,

water-reactive, n.o.s. Inhalation hazard, packing group I, Zone B,''

and ``Toxic solids, water-reactive, n.o.s.''

In Column (3), the hazard class/division for ``Articles, explosive,

n.o.s.'', UN0354 is corrected to read ``1.1L.''

For the entry, ``Diborane mixtures,'' a ``D'' is added to Column

(1) to identify this proper shipping name as appropriate for domestic

transportation, but not necessarily for international transportation

under the provisions for international regulations.

For the entry, ``Dyes, liquid, toxic, n.o.s. or Dyes,

intermediates, liquid, toxic, n.o.s.,'' in Column (9B), the

specification for the maximum quantity that may be offered for

transportation in one package by cargo aircraft is clarified by adding

the unit of measurement.

The exceptions reference for packaging authorizations in Column

(8A) for the entry, ``Dicyclohexylammonium nitrite'' is revised to

reflect the correct section reference, Sec. 173.151.

The entries ``Hydrocyanic acid, aqueous solutions or Hydrogen

cyanide, aqueous solutions with not more than 20 percent hydrogen

cyanideic acid'' and ``Hydrocyanic acid, aqueous solutions with less

than 5 percent hydrogen cyanideacid,'' in Column (2), are revised to

correct the last two words and last word, respectively, to read

``cyanide.''

The entry ``Hydrofluoroboric acid, see Fluoboric acid,'' in Column

(2), is revised to correct the word ``Fluoboric'' to read

``Fluoroboric.''

For the entry ``Insecticide gases flammable n.o.s,'' ``D'' is added

to Column (1), because it was inadvertently omitted.

The entries ``Isocyanates, flammable, toxic, n.o.s. or Isocyanate

solutions, flammable, toxic, n.o.s. flashpoint less than 23 degrees

C,'' and ``Triazine pesticides, liquid, flammable, toxic flashpoint

less than 23 degrees C'' in Column (2) are corrected by removing

[[Page 49107]]

the Packing Group III entries, which are not authorized for these

materials.

For the entry ``Medicine, liquid, flammable, toxic, n.o.s.,'' ``1

L'' is added to Column (9A) as the quantity limitation for passenger

aircraft or railcar, because it was inadvertently omitted.

For the entry ``Methyl chloroformate,'' Column (7) is corrected by

removing Special Provision notes ``A3,'' ``A6'' and ``A7'' because this

material is forbidden from transportation by air.

The entries ``Sulfur chlorides,'' and ``Thionyl chloride,'' in

Column (7), are revised to reflect the correct Special Provision ``T''

codes.

The entry ``Titanium tetrachloride,'' in Column (7), is corrected

by removing Special Provision ``N41,'' because it is inconsistent with

the other packaging authorizations for this material.

Appendix A to Sec. 172.101

The entry ``2,4-(1H,3H-Pyrimidinedione, 5[bis(2-chloroethyl)amino]-

'' is placed in the correct alphabetical order.

Section 172.102

In paragraph (c)(1), Special Provision 52, the reference to

Sec. 173.150 is revised to reflect the correct reference, Sec. 173.50.

In Special Provision 103, the appropriate word ``propagation'' replaces

``preparation.''

Section 172.308

Paragraph (b) is removed because currently there are no authorized

proper shipping names for ``ammunition'' that contain the words

``with'' or ``without.'' In addition, paragraphs (c) and (d) are

redesignated as (b) and (c) and in new paragraph (c), the example

``2,4-D,'' which is no longer listed as a proper shipping name, is

removed and replaced with ``PCB.''

Section 172.322

In paragraph (d)(2)(i), in provisions for combination packagings

for marine pollutants, the customary measurement provided for

informational purposes is adjusted to correctly read ``(1.3 gallons).''

Section 172.704

Paragraph (a)(2)(i) is revised to reflect the correct subchapter

reference.

Part 173

Section 173.32

In paragraph (e)(3), the marking reference for the retesting of

portable tanks is corrected.

Section 173.34

In paragraph (d)(7), the reference for pyrophoric liquids, n.o.s.

is corrected.

Section 173.62

In paragraph (c), in the Table of Packing Methods, for the packing

method entries E-108 and E-128, the obsolete particular packing

exception requirement ``23'' is removed.

Section 173.150

Paragraph (b)(3) is revised to reflect ``(1.3 gallons)'' as the

equivalent customary measurement for 5 L.

Section 173.164

Redesignated paragraphs (c)(1) and (c)(5), as revised under Docket

HM-215A, December 29, 1994, are revised to reflect the correct

paragraph references for the packaging requirements for electron tubes,

mercury vapor tubes and similar tubes, and the packaging requirements

for mercurial barometers, respectively.

Section 173.224

Paragraph (b) is revised to reflect the correct reference for

approval provisions for self-reactive materials.

Sections 173.242 and 173.243

To alleviate inconsistency resulting from the reference to an

exception in Sec. 173.33(d), paragraph (b)(1) of each section is

revised to permit non-reclosing pressure relief devices on MC 310, MC

311 and MC 312 cargo tanks used for Class 8 materials.

Section 173.306

Paragraph (d)(3)(iii) is revised to reflect the correct reference

for approval provisions for actuating cartridges and also removes an

incorrect definition reference.

Part 174

Section 174.67

Paragraph (k) is revised to clarify the process for securing tank

cars after unloading by allowing more innovative methods while ensuring

compliance.

Part 175

Section 175.45

Paragraph (a)(3) is revised to reflect the new telephone number for

the Director, Center for Disease Control in Atlanta, Georgia.

Part 176

Section 176.76

In paragraph (h)(1), the cargo tank provision for the

transportation of cryogenic liquids is revised.

Section 176.83

The diagram in paragraph (c)(2)(iv) is revised to correct an

editorial inconsistency with the IMDG Code by adjusting the segregation

provision applicable to stowage aboard vessels.

Part 178

Section 178.504

Paragraph (b)(1) is revised to reflect the correct reference for

minimum thickness marking requirements for drums intended for reuse.

Section 178.819

Paragraph (b)(2) is revised to correct an error under Docket HM-

181E (59 FR 38079, July 26, 1994), ``Intermediate Bulk Containers for

Hazardous Materials,'' for the vibration test specifications for

intermediate bulk containers, by removing the word ``rotate.''

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). Because of the minimal

economic impact of this rule, preparation of a regulatory impact

analysis or a regulatory evaluation is not warranted.

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.

[[Page 49108]]

List of Subjects

49 CFR Part 107

Administrative practice and procedure, Hazardous materials

transportation, Packaging and containers, Penalties, Reporting and

recordkeeping requirements.

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, 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, Incorporation by reference,

Packaging and containers, Radioactive materials, Reporting and

recordkeeping requirements, Uranium.

49 CFR Part 174

Hazardous materials transportation, Incorporation by reference,

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 178

Hazardous materials transportation, Incorporation by reference,

Motor vehicle safety, Packaging and containers, Reporting and

recordkeeping requirements.

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

follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

1. The authority citation for part 107 continues to read as

follows:

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

Appendix A to Subpart B of Part 107 [Amended]

2. In Appendix A to subpart B of part 107, the following changes

are made:

a. In the section entitled ``Motor Carriers'', the wording ``Chief,

Hazardous Materials Division, Office of Motor Carrier Field

Operations,'' is removed and ``Chief, Hazardous Materials and Safety

Division, Office of Safety and Technology,'' is added in its place.

b. In the section entitled ``Water Carriers'', the wording

``Hazardous Materials Branch, Marine Technical and Hazardous Materials

Division,'' is removed and ``Hazardous Materials Standards Branch,

Operating and Environmental Standards Division,'' is added in its

place.

Sec. 107.201 [Amended]

3. In Sec. 107.201, in paragraph (c), the word ``the'' is added

before the wording ``Federal hazardous materials transportation law''.

Sec. 107.311 [Amended]

4. In Sec. 107.311, in paragraph (c), in the second sentence, the

word ``the'' is added before the wording ``Office of Chief Counsel''.

Sec. 107.335 [Amended]

5. In Sec. 107.335, in the first sentence, the wording ``the

Federal hazardous material transportation law, this chapter, subchapter

C of this chapter,'' is removed and ``the Federal hazardous material

transportation law, this subchapter, subchapter C of this chapter,'' is

added in its place.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

6. The authority citation for part 171 continues to read as

follows:

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

Sec. 171.8 [Amended]

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

a. For the definition ``Hazardous material'', in the second

sentence, the wording ``Secs. 172.101 and 172.102'' is removed and

``Sec. 172.101'' is added in its place.

b. For the definition ``Hazmat employee'', in paragraph (2), the

wording ``Tests, reconditions,'' is removed and ``Manufactures, tests,

reconditions,'' is added in its place.

c. For the definition ``Hazmat employer'', in the first sentence,

the wording ``offering, reconditioning,'' is removed and ``offering,

manufacturing, reconditioning,'' is added in its place.

Sec. 171.10 [Amended]

8. In Sec. 171.10, paragraph (c)(2), the following changes are

made:

a. In the text preceding the table, the word ``method'' is removed

and the wording ``conversion table'' is added in its place.

b. In the table, for the entry ``Pressure'', in the second column

``SI to U.S. standard'', the second entry ``1 Bar=100 kPa=14.5 psi'' is

removed and ``1 Bar=100 kPa=14.504 psi'' is added in its place.

c. In the table, for the entry ``Pressure'', in the third column

``U.S. standard to SI'', the second entry ``1 psi=0.06 Bar'' is removed

and ``1 psi=0.06895 Bar'' is added in its place.

Sec. 171.12 [Amended]

9. In Sec. 171.12, in paragraph (b)(5), the wording ``Chapter 26 of

the IMDG Code,'' is removed and ``Section 26 of the General

Introduction to the IMDG Code,'' is added in its place.

Sec. 171.15 [Amended]

10. In Sec. 171.15, in paragraph (b) introductory text, in the

second sentence, the first telephone number ``Area Code (404) 633-

5313'' is removed and ``1-800-232-0124'' is added in its place.

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

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

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

follows:

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

12. In Sec. 172.101, in paragraph (i)(4), the table is amended by

adding the following entry, in numerical order, to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

(i) * * *

(4) * * *

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

Packaging section reference for Corresponding packaging section for

solid materials liquid materials

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

Sec. 173.187....................... Sec. 173.181

* * * * *

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

* * * * *

13. In Sec. 172.101, the Hazardous Materials Table as revised at 59

FR 67409, effective October 1, 1995, is amended by removing the

following entries to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

[[Page 49109]]

Sec. 172.101 Hazardous Materials Table

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

(8) Packaging authorizations (9) Quantity (10) Vessel stowage

(Sec. 173.* * *) limitations requirements

Hazard Label(s) ---------------------------------------------------------------------------

Symbols Hazardous materials descriptions and class or Identification Packing required (if not Special Passenger

proper shipping names Division Numbers group excepted) provisions Non-bulk Bulk aircraft Cargo Vessel Other

Exceptions packaging packaging or aircraft stowage stowage

railcar only provisions

(1) (2)....................................... (3)..... (4)........... (5) (6)............. (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

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

* * * * * * *

Isocyanates, flammable, toxic, n.o.s. or * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Isocyanate solutions, flammable, toxic,

n.o.s. flashpoint less than 23 degrees C.

[REMOVE]

.......................................... ........ .............. III FLAMMABLE B1, T8 150

LIQUID, KEEP

AWAY FROM FOOD.

* * * * * * *

* * *Triazi* * *sticid* * *iquid,* * *mabl* * * * * * * * * * * * * * * * * * * * * *

toxic, flash point less than 23 degrees C.

* * * * * * *

[REMOVE]..................................

.......................................... ........ .............. III FLAMMABLE B1 150

LIQUID, KEEP

AWAY FROM FOOD.

* * * * * * *

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

* * * * *

Sec. 172.101 [Amended]

14. In addition, in Sec. 172.101, in the Hazardous Materials Table,

as revised at 59 FR 67409, effective October 1, 1995, the following

changes are made:

a. For the entry ``Antimony trifluoride solution'', in Column (2),

as revised at 59 FR 67415, a comma is added immediately following the

word ``trifluoride''.

b. For the entry ``Articles, explosive, n.o.s.'', UN0354, in Column

(3), as revised at 59 FR 67416, ``1 1L'' is removed and ``1.1L'' is

added in its place.

c. For the entry ``Benzoic derivative pesticides, solid toxic'', in

Column (2), as revised at 59 FR 67418, a comma is added immediately

following the word ``solid''.

d. For the entry ``Bromates, inorganic, aqueous solution, n.o.s.'',

in Column (8B), as revised at 59 FR 67419, the reference ``2O2'' (which

has the letter ``O'' instead of the numeral ``0'') is removed and

``202'' is added in its place.

e. For the entry ``Cyclonite and cyclotetramethylenetetranitramine

mixtures, wetted or desensitized see RDX and HMX mixtures, wetted or

desensitized etc.ed'', in Column (2), as revised at 59 FR 67431, the

letters ``ed'' immediately following the abbreviation ``etc.'' are

removed.

f. For the entry ``Diborane mixtures'', in Column (1), as revised

at 59 FR 67432, the letter ``D'' is added.

g. For the entry ``Dicyclohexylammonium nitrite'', in Column (8A),

as revised at 59 FR 67433, the reference ``153'' is removed and ``151''

is added in its place.

h. For the entry ``Dyes, liquid, toxic, n.o.s. or Dye

intermediates, liquid, toxic, n.o.s.'', in Column (9B), as revised at

59 FR 67436, for Packing group III, the number ``220'' is removed and

``220 L'' is added in its place.

i. For the entry ``Hydrocyanic acid, aqueous solutions or Hydrogen

cyanide, aqueous solutions with not more than 20 percent hydrogen

cyanideic acid'', in Column (2), as revised at 59 FR 67445, the wording

``cyanideic acid'' is removed and ``cyanide'' is added in its place.

j. For the entry ``Hydrocyanic acid, aqueous solutions with less

than 5 percent hydrogen cyanideacid'', in Column (2), as revised at 59

FR 67445, the wording ``hydrogen cyanideacid'' is

[[Page 49110]]

removed and ``hydrogen cyanide'' is added in its place.

k. For the entry ``Hydrofluoroboric acid, see Fluoboric acid'', in

Column (2), as revised at 59 FR 67445, the wording ``Fluoboric acid''

is removed and ``Fluoroboric acid'' is added in its place.

l. For the entry ``Insecticide gases flammable n.o.s.'', in Column

(1), as revised at 59 FR 67446, the letter ``D'' is added.

m. For the entry ``Medicine, liquid, flammable, toxic, n.o.s.'', in

Column (9A), as revised at 59 FR 67450, the letter ``L'' is removed and

``1 L'' is added in its place.

n. For the entry ``Methyl chloroformate'', in Column (7), as

revised at 59 FR 67453, the references ``A3, A6, A7,'' are removed.

o. For the entry ``Permanganates, inorganic, aqueous solution,

n.o.s.'', in Column (8B), as revised at 59 FR 67462, the reference

``2O2'' (which has the letter ``O'' instead of the numeral ``0'') is

removed and ``202'' is added in its place.

p. For the entry ``Pesticides, liquid, flammable, toxic,

(flashpoint less than 23 degrees C)'', in Column (2), as revised at 59

FR 67463, the wording ``(flashpoint less than 23 degrees C)'' is

removed and ``flashpoint less than 23 degrees C'' is added in its

place.

q. For the entry ``Sulfur chlorides'', in Column (7), as revised at

59 FR 67475, the reference ``N34.'' is removed and ``N34, T18, T27.''

are added in its place.

r. For the entry ``Thionyl chloride'', in Column (7), as revised at

59 FR 67476, the reference ``T42.'' is removed and ``T18, T27.'' are

added in its place.

s. For the entry ``Titanium tetrachloride'', in Column (7), as

revised at 59 FR 67477, the reference ``N41,'' is removed.

t. For each of the following entries, in Column (2), as revised at

59 FR 67478 and 67479, the wording ``water-reative'' is removed and the

wording ``water-reactive'' is added in its place:

i. ``Toxic liquids, water-reative, n.o.s.''

ii. ``Toxic liquids, water-reative, n.o.s. Inhalation hazard,

packing group I, Zone A''.

iii. ``Toxic liquids, water-reative, n.o.s. Inhalation hazard,

packing group I, Zone B''.

iv. ``Toxic solids, water-reative, n.o.s.''

Appendix A to Sec. 172.101--[Amended]

15. In Appendix A to Sec. 172.101, the entry ``2,4-(1H,3H)-

Pyrimidinedione, 5[bis(2-chloroethyl)amino]-'' is removed from

immediately following the entry ``Hexaethyl tetraphosphate'' and added

in proper alphabetical order.

Sec. 172.102 [Amended]

16. In Sec. 172.102, in paragraph (c)(1), the following changes are

made:

a. In Special Provision 52, as added at 59 FR 67486, effective

October 1, 1995, the reference ``Sec. 173.150'' is removed and

``Sec. 173.50'' is added in its place.

b. In Special Provision 103, in the first sentence, the word

``preparation'' is removed and ``propagation'' is added in its place.

Sec. 172.308 [Amended]

17. In Sec. 172.308, the following changes are made:

a. Paragraph (b) is removed and paragraphs (c) and (d) are

redesignated as paragraphs (b) and (c), respectively.

b. In newly designated paragraph (c), the example ```2,4-D''' is

removed and ```PCB''' is added in its place.

Sec. 172.322 [Amended]

18. In Sec. 172.322, in paragraph (d)(2)(i), the wording ``(1

gallon)'' is removed and ``(1.3 gallons)'' is added in its place.

Sec. 172.400a [Amended]

19. In Sec. 172.400a, in paragraph (a)(1) introductory text, the

wording ``A cylinder or Dewar flask'' is removed and ``A cylinder, or a

Dewar flask'' is added in its place and a dash is added after the words

``that is''.

Sec. 172.704 [Amended]

20. In Sec. 172.704, paragraph (a)(2)(i), the wording ``subchapter

B'' is removed and ``subchapter A'' is added in its place.

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

PACKAGINGS

21. The authority citation for part 173 continues to read as

follows:

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

Sec. 173.32 [Amended]

22. In Sec. 173.32, in paragraph (e)(3), in the last sentence, the

reference ``Sec. 173.24'' is removed and ``Sec. 178.3 of this

subchapter'' is added in its place.

Sec. 173.34 [Amended]

23. In Sec. 173.34, the following changes are made:

a. In paragraph (d)(3), the second sentence beginning with

``Notwithstanding the requirements in Sec. 171.14(b)(4)(ii) of this

subchapter,'' is removed.

b. In paragraph (d)(7), the reference ``Sec. 173.134'' is removed

and ``Sec. 173.124'' is added in its place.

Sec. 173.62 [Amended]

24. In Sec. 173.62, in paragraph (c), in the Table of Packing

Methods, as revised at 59 FR 67492, effective October 1, 1995, for the

packing method entries E-108 and E-128, in column four, the particular

packaging exception/requirement ``23'' is removed each place it

appears.

Sec. 173.150 [Amended]

25. In Sec. 173.150, in paragraph (b)(3), the wording ``(1

gallon)'' is removed and ``(1.3 gallons)'' is added in its place.

Sec. 173.159 [Amended]

26. In Sec. 173.159, in paragraph (c)(3), the following changes are

made:

a. In the first sentence, a comma is added immediately after the

word ``each''.

b. In the second sentence, a period is added after the wording

``(75 pounds)''.

Sec. 173.164 [Amended]

27. In Sec. 173.164, the following changes are made in paragraph

(c), as redesignated at 59 FR 67509, effective October 1, 1995:

a. In paragraph (c)(1), in the first sentence, the words

``paragraph (b)(2)'' are removed and ``paragraph (c)(3)'' is added in

its place.

b. In paragraph (c)(5), in the first sentence, the wording

``paragraph (b)(1)'' is removed and ``paragraph (c)(1)'' is added in

its place.

Sec. 173.224 [Amended]

28. In Sec. 173.224, as revised at 59 FR 67511, effective October

1, 1995, in paragraph (b) introductory text, the reference

``Sec. 173.124(a)(2)(vii)'' is removed and ``Sec. 173.124(a)(2)(iii)''

is added in its place.

Sec. 173.242 [Amended]

29. In Sec. 173.242, in paragraph (b)(1), at the end of the second

sentence, the wording ``(except for Class 8, Packing Group I and II)''

is added immediately following ``MC 307 cargo tank''.

Sec. 173.243 [Amended]

30. In Sec. 173.243, in paragraph (b)(1), at the end of the second

sentence, the wording ``(except for Class 8, Packing Group I and II)''

is added immediately following ``MC 307 cargo tank''.

Sec. 173.306 [Amended]

31. In Sec. 173.306(d)(3)(iii), the following changes are made:

a. Following the words ``in accordance with'', the reference

``Sec. 173.86'' is removed and ``Sec. 173.56'' is added in its place.

b. The wording ``and meet the definition set forth in

Sec. 173.100(w)'' is removed.

[[Page 49111]]

PART 174--CARRIAGE BY RAIL

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

follows:

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

Sec. 174.67 [Amended]

33. In Sec. 174.67, in paragraph (k), the following changes are

made:

a. In the first sentence, the wording ``must be made tight,'' is

removed and the words ``must be made tight by the use of a bar, wrench

or other suitable tool,'' are added in its place.

b. The last sentence, beginning with ``The manhole cover must'' is

removed.

PART 175--CARRIAGE BY AIRCRAFT

34. The authority citation for part 175 continues to read as

follows:

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

Sec. 175.45 [Amended]

35. In Sec. 175.45(a)(3), the telephone number ``area code 404-633-

5313'' is removed and ``1-800-232-0124'' is added in its place.

PART 176--CARRIAGE BY VESSEL

36. The authority citation for part 176 continues to read as

follows:

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

Sec. 176.76 [Amended]

37. In Sec. 176.76, in paragraph (h)(1), the wording ``, or a cargo

tank approved under the provisions of Sec. 173.33(b)(2) of this

subchapter'' is removed.

38. In Sec. 176.83, in paragraph (c)(2)(iv), the diagram which

precedes the note is revised to read as follows:

Sec. 176.83 Segregation.

* * * * *

(c) * * *

(2) * * *

(iv) * * *

BILLING CODE 4910-60-P

[GRAPHIC][TIFF OMITTED]TR21SE95.000

BILLING CODE 4910-60-C

* * * * *

Sec. 176.136 [Amended]

39. In Sec. 176.136, in paragraph (a), the period is removed after

the word ``section'' and a comma is added in its place.

Sec. 176.410 [Amended]

40. In Sec. 176.410, in paragraph (b), the parenthetical mark

following ``Class 9'' is removed.

PART 178--SPECIFICATIONS FOR PACKAGINGS

41. The authority citation for part 178 continues to read as

follows:

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

Sec. 178.53-5 [Amended]

42. In Sec. 178.53-5, the parenthetical authorities at the end of

the section are removed.

Sec. 178.58-5 [Amended]

43. In Sec. 178.58-5, the parenthetical authorities at the end of

the section are removed.

Sec. 178.358-3 [Amended]

44. In Sec. 178.358-3, in paragraph (a), the word ``to'' preceding

``April 1, 1989'' is removed.

Sec. 178.504 [Amended]

45. In Sec. 178.504, in paragraph (b)(1), in the last sentence, the

reference ``Sec. 178.503(a)(10)'' is removed and ``Sec. 178.503(a)(9)''

is added in its place.

Sec. 178.819 [Corrected]

46. In the Federal Register of August 4, 1995, on page 40039, in

column one, in amendatory instruction 19, lines two through four are

corrected to read ``in the second sentence, the wording `move

vertically, bounce and rotate' is removed and `move vertically and

bounce' is added in its place.''.

Issued in Washington, DC, on September 8, 1995, under the

authority delegated in 49 CFR part 1.

Ana Sol Gutierrez,

Deputy Administrator, Research and Special Programs Administration.

[FR Doc. 95-22772 Filed 9-20-95; 8:45 am]

BILLING CODE 4910-60-P