Elimination of Unnecessary and Duplicative Hazardous Materials Regulations

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and elimination or revision of those regulations that are outdated or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