Elimination of Unnecessary and Duplicative Hazardous Materials Regulations

SUMMARY: RSPA is removing unnecessary, obsolete, and duplicative

regulations contained in the Hazardous Materials Regulations (HMR). In

addition, RSPA is eliminating approximately 100 pages of the CFR by

reformatting the Hazardous Materials Table and List of Hazardous

Substances and Reportable Quantities. The intended effect of this

action is to enhance compliance with the HMR by making them shorter and

easier to use. This action responds to President Clinton's March 4,

1995 memorandum to heads of departments and agencies calling for a

review of all agency regulations.

EFFECTIVE DATE: October 1, 1996.

FOR FURTHER INFORMATION CONTACT: John A. Gale or Jennifer K.

Antonielli, (202) 366-8553; Office of Hazardous Materials Standards,

RSPA, Department of Transportation, Washington, DC 20590-0001.

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

to eliminate or revise those regulations that are outdated or in need

of reform. In addition, the President directed front line regulators to

``* * * get out of Washington and create grassroots partnerships'' with

people affected by agency regulations. In response to the President's

directive, RSPA performed an extensive review of the Hazardous

Materials Regulations (HMR; 49 CFR Parts 171-180) and associated

procedural rules (49 CFR Parts 106, 107 and 110). In April and July,

1995, RSPA published notices in the Federal Register (60 FR 17049 and

60 FR 38888, respectively) that announced public meetings and requested

comments on ways to improve the HMR and the kind and quality of

services RSPA's customers expect. RSPA held 12 public meetings and

received over 50 written comments in response to the Federal Register

notices. Based on its review of the HMR and on written and oral

comments received from the public on regulatory reform, RSPA issued a

notice of proposed rulemaking (NPRM) on October 13, 1995, under Docket

HM-222A (60 FR 53321). The NPRM proposed to eliminate over 100 sections

of the HMR and to reformat the Hazardous Materials Table and Hazardous

Substances Table. This is one of several rulemakings initiated by RSPA

in response to its regulatory review, public meetings, and comments.

II. Summary of Amendments

RSPA received approximately 42 comments to the NPRM from chemical

manufacturers and distributors, offerors, carriers, and packaging

manufacturers, and State enforcement agencies. These commenters were

generally supportive of RSPA's proposals in the NPRM. The primary

concerns raised by commenters were about proposals to: (1) reformat the

Sec. 172.101 Hazardous Materials Table (HMT) and the List of Hazardous

Substances and Reportable Quantities; (2) placard holder dimensional

specifications; and (3) remove general guidance in Part 177 on

emergency response activities for hazardous materials transportation

accidents or incidents. Commenters also raised concerns that were

beyond the scope of the proposed rule; however, they may be considered

in future rulemakings.

RSPA believes this final rule will enhance compliance by reducing

the number of regulations in the HMR and making them easier to use. As

a result of having fewer pages, RSPA foresees the possibility of

consolidating the two CFR volumes into one.

A. Reformatting the Hazardous Materials Table and Hazardous Substances

Table

Several commenters stated that RSPA's proposal to reformat the

label column of the HMT by identifying labels by class/division number

rather than class name would make the HMR more difficult to use. One

commenter added that adoption of the proposal would complicate the

process of determining a label for a material. Commenters opposing this

change stated that this proposal makes both teaching and applying the

HMR more difficult and may create a significant burden on users of the

HMR. One commenter stated that adding a table preceding the HMT to

identify which label corresponds to a label code in Column (6) is

impractical, especially for the infrequent user of the HMR. Another

commenter added that this proposal would not enhance clarity of the HMR

or the HMT because users of the HMR often overlook the instructions to

the HMT and would be forced to flip between the two tables to determine

the required labels. Some commenters claimed this proposal would

increase the likelihood of errors. One commenter recommended that RSPA

place the ``numerical identifier table'' within the margins of each

page of the HMT for the reader's convenience. Another commenter

suggested that if RSPA modifies the HMT, the agency should focus on

reducing the size of the columns and adjusting the format. Another

commenter stated that use of Roman numerals to distinguish poisons may

be confused with Packing Group numerals.

Some commenters supported RSPA's proposal but recommended that RSPA

inform and educate all affected persons, including emergency

responders, of this change to ensure compliance with the HMR. One

commenter recommended that RSPA revise the proposed heading of Column

(6) to read ``Label code(s)'' to indicate that more than one label code

may be specified for certain shipping descriptions.

RSPA disagrees with those commenters who stated that label codes

would create confusion and lead to non-compliance and is reformatting

the HMT to remove and replace Column (6) that specifies label names

with a new Column (6) that specifies label codes. The numerical label

codes directly correspond to numerical hazard classes and divisions

which have been in place in the HMR for over five years. If a person is

properly trained in accordance with subpart G of Part 172, there should

be no confusion as to the class or required label for a given shipping

description. In addition, through the distribution of more than four

million Emergency Response Guidebooks, emergency responders have been

informed of the UN hazard class system, and what the respective codes

represent. RSPA believes that the benefits of eliminating over 80 pages

of the CFR outweigh the minor inconvenience of using a label code

rather than a label name. In the new Column (6) of the HMT, RSPA

identifies the labels required by class or division number instead of

spelling out the class name. For example, the POISON and KEEP AWAY FROM

FOOD labels are identified as ``6.1'' and FLAMMABLE LIQUID label is

identified as ``3''. Also, RSPA is adding a table to the

[[Page 18927]]

instructions to the HMT that clearly states which label is required for

each numerical identifier.

Commenters were generally supportive of RSPA's proposal to remove

the column of synonyms from appendix A to Sec. 172.101. However, one

commenter requested that RSPA reevaluate its proposal to remove the

synonym column because many shippers refer to this column to determine

a proper shipping name for a product. Another commenter recommended

that RSPA replace the synonyms with Chemical Abstract System (CAS)

Registry numbers because they provide a more reliable cross reference

and are accessible to most users of the HMR. The commenter stated that

CAS numbers would provide non-chemist shippers with valuable

information to identify a hazardous substance. In addition to being

beyond the scope of this rulemaking, RSPA believes that adding CAS

numbers to the HMT would be of little value to the regulated community

and would significantly add to the size of the HMR. RSPA also notes

that CAS numbers can be found in the EPA's list of hazardous substances

in 40 CFR 302.4. Therefore, RSPA is not adopting the commenter's

suggestion.

RSPA recognizes these commenters' concerns that synonyms of

hazardous substances provide guidance to shippers in determining

hazardous substances. However, because all synonyms are specifically

listed as hazardous substances in Appendix A to Sec. 172.101, RSPA is

removing the synonym column to simplify the Table and the HMR.

B. Reporting Requirements

One of the goals of the President's Regulatory Reinvention

Initiative was to decrease, as far as practical, the reports that are

required to be submitted to the government. As proposed in the NPRM,

RSPA is eliminating Secs. 173.11 and 177.826, which require carriers

and shippers of flammable cryogenic liquids in bulk packagings to

register with RSPA. RSPA also is amending, as proposed, Sec. 107.504 by

decreasing the frequency that manufacturers of cargo tanks are required

to register with RSPA from three years to six years. RSPA also is

removing a requirement in Sec. 107.111 that RSPA publish in the Federal

Register a list of those persons who request party status to an

exemption. This change will enable RSPA to expedite the processing of

requests for party status to exemptions.

C. Unnecessary Sections

Part 110

Sec. 110.30(a)(4) Grant application. RSPA proposed to remove the

requirement that applicants for training and planning grants provide a

written statement explaining whether the State or Indian tribe assesses

and collects fees on the transportation of hazardous materials and

whether such fees are used solely to carry out purposes related to the

transportation of hazardous materials. Several commenters opposed

RSPA's decision to remove the provision in Sec. 110.30(a)(4). The

commenters stated that ``because of the Congressional mandate to review

this information prior to the award of the training segment of the

Grants, we believe, at a minimum, that RSPA cannot unilaterally

eliminate this requirement without Congressional approval.'' RSPA

believes that the effect on the hazardous materials grants program of

removing Sec. 110.30(a)(4) requires further study and, therefore, RSPA

is not removing Sec. 110.30(a)(4).

Part 172

Appendix C to Part 172 Dimensional Specifications for Recommended

Placard Holder. This appendix provides specific dimensions for a

recommended placard holder. Some commenters expressed concern in regard

to RSPA's proposal to remove specifications for placard holders from

the HMR. Commenters stated that the placard specification is widely

used and beneficial in reducing the potential for loss of placards

during transportation. Commenters believed that removal of the placard

holder dimensional specifications would lead to more confusion and

noncompliance, and recommended that RSPA retain the placard holder

specifications. RSPA concurs with the commenters and is not removing

the specifications for the placard holder and is not revising

Sec. 172.516 as proposed.

Part 173

Sec. 173.10 Tank car shipments. This section contains specific

requirements for offerors of tank cars containing certain hazardous

materials. RSPA proposed to remove this section because RSPA believed

it to be inconsistent with current industry practice. One commenter

disagreed with RSPA and stated that additional justification is needed

before RSPA removes this section from the HMR. Upon further review,

RSPA is not removing Sec. 173.10 from the HMR. Corresponding changes

were not proposed in Sec. 174.204 or Sec. 174.304, which contain

similar requirements applicable to rail carriers and it would be

inappropriate to remove only Sec. 173.10. RSPA will reevaluate the need

for these sections in a future rulemaking action.

Sec. 173.324 Ethyl methyl ether. This section provides non-bulk

packaging requirements specific to ethyl methyl ether. Instead of

having a specific packaging section for this material, RSPA is revising

its packaging reference in Column (8B) of the HMT to read

``Sec. 173.201'' for non-bulk packaging authorizations and is removing

Sec. 173.324.

Sec. 173.451 Fissile materials--general requirements. This section

states that fissile radioactive material packages must comply with

requirements of Secs. 173.457 through 173.459. RSPA believes this

section is unnecessary and is removing it. In addition, a reference to

Sec. 173.451 contained in Sec. 173.453 is removed.

Sec. 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 been issued. RSPA is removing this section

because the requirements for export shipments of hazardous materials,

including radioactive materials, are specified in Sec. 171.12.

Sec. 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 removing this

section because the requirements for export shipments of hazardous

materials, including Class 7 material, are specified in Sec. 171.12.

Part 174

Sec. 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 a carrier's

property by the consignee of the materials. RSPA proposed to remove

Sec. 174.16 because it is outdated and unnecessary. Two commenters

requested that RSPA retain this section. They stated that removal of

this section would increase the likelihood of unauthorized or illegal

access to explosives and that the requirements of Sec. 174.16 should be

the minimum standard for carriers of explosives.

[[Page 18928]]

RSPA believes that the ramifications of removing this section from the

HMR need further review and, therefore, has decided against removing

Sec. 174.16.

Sec. 174.20 Local or carrier restrictions. This section states

that carriers may 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 stated in the NPRM that it was 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. Two commenters disagreed with RSPA's proposal

to remove Sec. 174.20, stating that the section is necessary for safety

and that carriers should be allowed to impose local restrictions. RSPA

believes that the effect of removing this section from the HMR on the

railroad industry requires further study and, therefore, RSPA is not

removing Sec. 174.20 from the HMR.

Sec. 174.33 Lost or destroyed labels and placards./Sec. 176.33

Labels./Sec. 177.815 Lost or destroyed labels. These sections require

carriers to maintain an adequate supply of labels and placards in case

labels or placards become lost or destroyed. Several commenters were

concerned that removing these sections would allow carriers to move

hazardous materials packages without their proper labels, and

recommended that RSPA retain these sections. RSPA disagrees. By

removing these sections, RSPA is not allowing carriers to transport

hazardous materials that are not in compliance with the HMR. As

specified in the HMR, shippers may not offer and carriers may not

transport hazardous materials unless they are properly packaged,

marked, labeled and placarded. This basic requirement is not eliminated

by removal of these sections. Accordingly, Secs. 174.33, 176.33, and

177.815 are removed as proposed.

Sec. 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 proposed to remove this section because it

generally applies to a shipment of explosives by a rail express carrier

which is no longer a common practice. One commenter stated that, though

this is no longer a common practice, this section should be retained as

the minimum standard for such shipments by rail. RSPA believes that, by

removing unnecessary and redundant regulations, the HMR will be an

easier set of regulations to follow, thus increasing compliance and

safety. Section 174.107 is unnecessary because it addresses a type of

transportation that is no longer a common practice. Therefore, RSPA is

removing Sec. 174.107 from the HMR.

Sec. 174.109 Non-agency shipments. This section provides

requirements for Class 1 shipments accepted by a carrier at a non-

agency station. RSPA is removing this section because it is no longer

necessary.

Sec. 174.280 Division 2.3 (poisonous gas) materials with

foodstuffs. This section provides a prohibition from transporting

packages labeled POISON GAS with foodstuffs. RSPA proposed to remove

this section because Division 2.3 materials present a hazard if inhaled

but do not pose a significant hazard to foodstuffs or edible material.

One commenter stated that contamination of foodstuffs by Division 2.3

material is possible when the integrity of the packaging is

compromised. RSPA is not aware of any Division 2.3 material that would

pose a significant hazard to foodstuffs; and this amendment is

consistent with the regulations for highway transportation. No

incidents have been reported involving the transportation of foodstuffs

and Division 2.3 materials in the same motor vehicle. Therefore, RSPA

is removing this section from the HMR as proposed.

Sec. 174.410 Special handling requirements for matches. This

section provides special handling requirements for strike-anywhere

matches. RSPA proposed to remove this section because it believes the

section is no longer necessary based on current packaging requirements

in Part 173 for strike-anywhere matches. One commenter stated that this

section provides a minimum standard for the safe transport of strike-

anywhere matches and suggested that it be retained. RSPA believes that

this section is no longer necessary and is removing it from the HMR.

Sec. 174.450 Fires. This section addresses disposition of cotton

or charcoal which has been damaged in a fire. One commenter opposed the

proposed removal of this section and stated that if these mitigation

requirements are not retained, carriers will not undertake these

measures. RSPA disagrees and believes that the procedures are outmoded

and inappropriate as a regulatory standard. Therefore, RSPA is removing

this section from the HMR.

Sec. 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 removing this section because the requirements of

subpart C of part 174 adequately cover the loading of this material in

a rail car.

Sec. 174.57 Cleaning cars./Sec. 174.515 Cleaning cars; potassium

permanganate./ Sec. 174.615(a) Cleaning cars. Sections 174.515 and

174.615(a) require that rail cars be cleaned following the carriage of

potassium permanganate or Division 6.1 materials, respectively. Section

174.57 requires that rail cars carrying any hazardous material that has

leaked from a package be carefully cleaned. RSPA proposed to remove

Secs. 174.515 and 174.615(a) because it believes that the requirements

of subpart C of part 174 adequately cover the cleaning of rail cars

that previously contained these materials. Commenters stated that all

three of these sections should be retained in order to protect worker

safety and cross-contamination of products. RSPA agrees that the

general provisions of Sec. 174.57, which require that all rail cars

must be cleaned when there is leakage of hazardous materials, should be

retained in order to assure proper cleaning of rail cars. However, RSPA

believes that retention of Sec. 174.57 makes Secs. 174.515 and 174.615

redundant and, therefore, is removing these two sections from the HMR.

Sec. 174.840 Special loading and handling requirements for

asbestos./ Sec. 175.640 Special requirements for Class 9 (miscellaneous

hazardous) material./ Sec. 176.906 Stowage and handling of asbestos./

Sec. 177.844 Class 9 (miscellaneous hazardous) materials. These

sections prescribe requirements for minimization of occupational

exposure to asbestos. RSPA proposed to eliminate these sections because

it believes that other Federal regulations more than adequately address

occupational exposures to workers. Commenters requested that RSPA

retain these sections and stated that RSPA is required by Congress to

promulgate regulations for the safe transportation of hazardous

materials, including the loading, unloading and storage incidental

thereto. One commenter stated that ``it is inappropriate for RSPA to

withdraw its jurisdiction simply because another Federal agency

regulation infringes on RSPA's area of responsibility.'' RSPA continues

to believe that other Federal regulations more than appropriately

address occupational exposures to workers. Therefore, there is no need

for RSPA to maintain these additional requirements and RSPA is removing

these sections from the HMR.

[[Page 18929]]

Part 176

Sec. 176.79 Spaces exposed to carbon monoxide or other hazardous

vapors. This section prescribes occupational requirements for personnel

exposed to carbon monoxide vapors. In the NPRM, RSPA stated that the

provisions of Sec. 176.79 are governed under 46 CFR Part 97. A

commenter stated that 46 CFR Part 97 only applies to inspected vessels,

i.e., those vessels required to be issued certificates of inspection

under the provisions of 46 U.S.C., and not vessels of foreign nations.

Therefore, the commenter stated that personnel on non-inspected and

foreign vessels, which constitute the vast majority of vessels carrying

hazardous materials in the U.S. waters, would not be afforded any

protection from carbon monoxide vapors.

RSPA acknowledges that the requirements in 46 CFR Part 97 only

apply to inspected vessels, but it is inappropriate to regulate under

the HMR worker protection from carbon monoxide vapors being emitted

from trucks or other mechanized equipment used aboard vessels. This

issue is not unique to hazardous materials transportation. Therefore,

RSPA is removing this section from the HMR.

Part 177

Sec. 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 a package that

has lost its label. RSPA is removing the requirements of Sec. 177.811

because current industry practices and compliance with Part 172 of the

HMR (e.g., proper shipping name and identification number markings on

packages) make it very unlikely that a carrier will have ``no

knowledge'' of the contents of a package of hazardous materials.

Sec. 177.813 Inefficient containers. This section states that

experience gained on damaged packages must be recorded by the Bureau of

Explosives (BOE) to determine if a packaging should be prohibited from

use. This action is no longer taken by the BOE; therefore, this section

is removed.

Sec. 177.823 Marking and placarding of motor vehicles. RSPA

received comments concerning the proposed removal of provisions for

transportation of leaking cargo tanks in part 177. Several commenters

stated that relocating the provisions for transportation of leaking

cargo tanks from Sec. 177.856 to Sec. 177.823 would cause confusion

since the heading of this section refers to marking and placarding of

motor vehicles. RSPA is relocating the provisions for leaking cargo

tanks from Sec. 177.856 to Sec. 177.823. However, in order to eliminate

any confusion, RSPA is revising the heading of Sec. 177.823 to read

``Movement of motor vehicles in emergency situations.''

Sec. 177.837(a) Class 3 (flammable) liquid materials. Paragraph

(a) of this section requires that the engine of a motor vehicle must be

turned off when the vehicle is being loaded with Class 3 materials.

RSPA proposed to remove this restriction because it is no longer

necessary and often not practical, especially for application to diesel

engines during cold weather. Two commenters requested that RSPA retain

the requirements stating that an operating motor vehicle engine

represents an ignition source. Commenters also stated that National

Fire Protection Standards require that the motor of a cargo tank motor

vehicle be shut down throughout the transfer operations of flammable

liquids. Two commenters supported the proposal and stated that it is

very difficult to restart a diesel engine if it becomes too cold and

keeping the engine running could facilitate the removal of the trailer

in the event of an emergency.

The provision in paragraph (a) of Sec. 177.837 applies to all motor

vehicles loading or unloading flammable liquids including those

transporting non-bulk packages, not just to cargo tank motor vehicles.

Based on this broad application, RSPA believes that it is not necessary

to shut off the engine of all motor vehicles loading or unloading non-

bulk packages of flammable liquids. However, RSPA agrees with those

commenters who stated that the engines of cargo tank motor vehicles

carrying Class 3 material should be shut off during loading/unloading

operations. Accordingly, RSPA is not removing paragraph (a) but is

revising it so that it only applies to cargo tank motor vehicles.

Sec. 177.838 Class 4 materials, Class 5 and Division 4.2

materials. 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

removing Sec. 177.838(d) because ``loose or baled nitrate of soda

bags'' are no longer routinely transported and, therefore, it is

unnecessary. RSPA is removing Sec. 177.838(e) because these modal

operational requirements are no longer necessary based on current

packaging requirements for strike-anywhere matches.

Sec. 177.853 Transportation and delivery of shipments. RSPA

proposed to remove paragraphs (b) and (c) of this section which

prescribe general requirements on the movement of hazardous materials.

The provisions of paragraph (a) were proposed to be moved to

Sec. 177.800. Two commenters stated that it is premature to remove

paragraphs (b) and (c) until RSPA determines when transportation begins

and ends. RSPA believes that removing paragraphs (b) and (c) does not

impinge on its ability to determine the definition of ``in

transportation.'' The provisions found in paragraphs (b) and (c)

address areas that should be handled through responsible business

practices and not regulatory requirements.

Sec. 177.855 Accidents; Class 1 (explosive) materials./

Sec. 177.856 Accidents; Class 3 (flammable liquid) materials./

Sec. 177.857 Accidents; Class 4 (flammable solid) and Class 5

(oxidizing) materials./Sec. 177.858 Accidents; Class 8 (corrosive)

materials./Sec. 177.859 Accidents; Class 2 (gases) materials./

Sec. 177.860 Accidents or leakage; Division 6.1 (poisonous) or Division

2.3 (poisonous gas) materials./Sec. 177.861 Accidents; Class 7

(radioactive) materials. These sections prescribe general guidance on

emergency response activities. RSPA proposed to remove these sections

because of the addition of the emergency response provisions in Part

172. Several commenters requested that RSPA retain these sections

because these provisions should be in addition to, and not in lieu of,

the emergency response information of Part 172. One commenter stated

that in order to protect the hazardous materials industry from

intrusion from other Federal and State agencies into the area of

hazardous materials transportation, RSPA should retain these sections.

One commenter, who agreed with RSPA's proposal to remove these

sections, stated that responders probably do not use the provisions in

these sections in an emergency situation.

RSPA disagrees with commenters who stated that these sections

should be retained in order to keep other Federal and State agencies

from regulating the actions to be taken in the event of a

transportation-related incident involving hazardous materials. RSPA

continues to believe that these sections may not provide appropriate

required actions to protect the public or the environment. The

emergency response information required to be carried with hazardous

materials is a much better source of information relative to the

initial mitigation actions to be taken. Most of these sections were

written prior to current standards addressing emergency response

operations. The

[[Page 18930]]

means and mechanisms of responding to hazardous materials incidents

have evolved greatly since these sections were introduced into the HMR.

The Environmental Protection Agency and the Occupational Safety and

Health Administration have regulations addressing environmental clean-

up and emergency response operations and have expertise in this area.

Fire departments and other emergency response organizations are better

equipped and trained to handle hazardous materials transportation

incidents. In addition, these sections apply to motor carriers only.

They do not apply to the emergency responders, other than motor carrier

personnel, who are called upon to respond to hazardous materials

transportation incidents. Based on the foregoing, RSPA is removing the

accident mitigation provisions in Secs. 177.855-177.861 from the HMR.

D. Duplicative Sections

The following is a listing of those sections that are removed 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 removing Secs. 174.480 and 174.580 because these

requirements are already covered under Sec. 174.680. Several commenters

were confused by RSPA's proposal to remove some of these sections and

believed that RSPA was actually removing regulatory requirements. This

is not the case. RSPA is merely consolidating provisions of the HMR to

make a smaller and less burdensome set of regulations.

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.

174.69 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.

177.809 Carrier's material and supplies.

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 final rule is not considered a significant regulatory action

under

[[Page 18931]]

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 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 final 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; and

(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. RSPA has determined the

effective date of Federal preemption for these requirements is October

1, 1996.

This final rule removes unnecessary, obsolete and duplicative

regulations governing the transportation of hazardous materials, and

does not have sufficient federalism impacts to warrant the preparation

of a federalism assessment.

Executive Order 12778

Any interested person may petition RSPA's Administrator for

reconsideration of this final rule within 30 days of publication of

this rule in the Federal Register, in accordance with the procedures

set forth at 49 CFR 106.35. Neither the filing of a petition for

reconsideration nor any other administrative proceeding is required

before the filing of a suit in court for review of this rule.

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 does not

impose any new requirements on persons subject to the HMR.

Paperwork Reduction Act

This final rule does not impose 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 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, 171, 172, 173,

174, 175, 176, 177, 178, and 179 are amended to read 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.

Sec. 107.111 [Amended]

2. In Sec. 107.111, paragraph (d) is removed and reserved.

Sec. 107.504 [Amended]

3. In Sec. 107.504(a) and (c), the phrase ``three years'' is

removed and replaced with the phrase ``six years'' each place it

appears.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

follows:

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

Sec. 171.13 [Removed]

5. Section 171.13 is removed.

6. In Sec. 171.15, paragraph (b), the introductory text is revised

to read as follows:

Sec. 171.15 Immediate notice of certain hazardous materials incidents.

* * * * *

(b) Except for transportation by aircraft, each notice required by

paragraph (a) of this section shall be given to the Department by

telephone (toll-free) on 800-424-8802. Notice involving shipments

transported by aircraft must be given to the nearest FAA Civil Aviation

Security Office by telephone at the earliest practical

[[Page 18932]]

moment after each incident in place of the notice to the Department.

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. Each notice must include the following information:

* * * * *

7. In Sec. 171.16, paragraph (b) is 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 also 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 COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

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

follows:

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

9. In Sec. 172.101, paragraph (g) is 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 labels 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 this part, 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 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]

10. In Sec. 172.101, the following changes are made to the

Hazardous Materials Table:

a. In Column (5), the heading is revised to read ``PG''.

b. For the entry ``Ethyl methyl ether'', in Column (8B), the

nonbulk packaging reference is revised to read ``201''.

c. In column (6) the heading is revised to read ``Label codes'',

and:

(1) The word ``EXPLOSIVE'' is removed in each place it appears;

(2) The words ``FLAMMABLE GAS'' are removed and replaced with

``2.1'' in each place they appear;

(3) The words ``NONFLAMMABLE GAS'' are removed and replaced with

``2.2'' in each place they appear;

(4) The words ``POISON GAS'' are removed and replaced with ``2.3''

in each place they appear;

(5) The words ``FLAMMABLE LIQUID'' are removed and replaced with

``3'' in each place they appear;

(6) The words ``FLAMMABLE SOLID'' are removed and replaced with

``4.1'' in each place they appear;

(7) The words ``SPONTANEOUSLY COMBUSTIBLE'' are removed and

replaced with ``4.2'' in each place they appear;

(8) The words ``DANGEROUS WHEN WET'' are removed and replaced with

``4.3'' in each place they appear;

(9) The word ``OXIDIZER'' is removed and replaced with ``5.1'' in

each place it appears;

(10) The words ``ORGANIC PEROXIDE'' are removed and replaced with

``5.2'' in each place they appear;

(11) The word ``POISON'' is removed and replaced with ``6.1'' in

each place it appears;

(12) The words ``KEEP AWAY FROM FOOD'' are removed and replaced

with ``6.1'' in each place they appear;

(13) The words ``INFECTIOUS SUBSTANCE'' are removed and replaced

with ``6.2'' in each place they appear;

(14) The word ``RADIOACTIVE'' is removed and replaced with ``7'' in

each place it appears;

(15) The word ``CORROSIVE'' is removed and replaced with ``8'' in

each place it appears;

(16) The word ``CLASS'' is removed in each place it appears; and

(17) For the entries ``Organic peroxide type B, liquid''; ``Organic

peroxide type B, liquid, temperature controlled''; ``Organic peroxide

type B, solid''; and ``Organic peroxide type B, solid, temperature

controlled'' the label entries are revised to read ``5.2, 1''.

Appendix A to Sec. 172.101--[Amended]

11. In Appendix A to Sec. 172.101, in ``Table 1--Hazardous

Substances Other Than Radionuclides'', the second column, ``Synonyms'',

is removed.

Sec. 172.201 [Amended]

12. In Sec. 172.201, paragraph (b) is removed and reserved.

13. In Sec. 172.203, paragraph (i)(4) is added to read as follows:

Sec. 172.203 Additional description requirements.

* * * * *

(i) * * *

(4) The name of the shipper.

* * * * *

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

PACKAGINGS

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

follows:

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

Sec. 173.11, Sec. 173.324, Sec. 173.444, Sec. 173.446, Sec. 173.451,

Sec. 173.463, Sec. 173.477, Sec. 173.478 [Removed]

15. Sections 173.11, 173.324, 173.444, 173.446, 173.451, 173.463,

173.477 and 173.478 are removed.

[[Page 18933]]

Sec. 173.314 [Amended]

16. In Sec. 173.314, paragraph (h) is removed and reserved.

Sec. 173.453 [Amended]

17. In the introductory text of Sec. 173.453, the wording

``Secs. 173.451 through'' is revised to read ``Secs. 173.457 and''.

PART 174--CARRIAGE BY RAIL

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

follows:

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

Sec. 174.7, Sec. 174.12, Sec. 174.33, Sec. 174.45, Sec. 174.69,

Sec. 174.100, Sec. 174.107, Sec. 174.109, Sec. 174.208, Sec. 174.280,

Sec. 174.380 [Removed]

Subpart H (Secs. 174.410-174.480)--[Removed]

Subpart I (Secs. 174.510-174.580)--[Removed]

Subpart L (Secs. 174.800 and 174.810)--[Removed]

Subpart M (Sec. 174.840)--[Removed]

19. Sections 174.7, 174.12, 174.33, 174.45, 174.69, 174.100,

174.107, 174.109, 174.208, 174.280, 174.380, Subpart H consisting of

Secs. 174.410, 174.430, 174.450, and 174.480, Subpart I consisting of

Secs. 174.510, 174.515, and 174.580, Subpart L consisting of

Secs. 174.800, and 174.810, and Subpart M consisting of Sec. 174.840

are removed.

Sec. 174.615 [Amended]

20. In Sec. 174.615, paragraph (a) is removed and reserved.

PART 175--CARRIAGE BY AIRCRAFT

21. 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 and Sec. 175.640 [Removed]

22. Sections 175.45 and 175.640 are removed.

PART 176--CARRIAGE BY VESSEL

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

follows:

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

Sec. 176.33, Sec. 176.79, Sec. 176.331, Sec. 176.419,

Sec. 176.906 [Removed]

24. Sections 176.33, 176.79, 176.331, 176.419, and 176.906 are

removed.

Sec. 176.76 [Amended]

25. In Sec. 176.76, paragraphs (f), (g)(1) and (g)(4) are removed,

introductory text of paragraph (g) is redesignated as paragraph (f)

introductory text, and paragraphs (g)(2), (g)(3), and (g)(5) are

redesignated as paragraphs (f)(1), (f)(2), and (f)(3), respectively and

paragraphs (h) and (i) are redesignated as paragraphs (g) and (h),

respectively.

Sec. 176.78 [Amended]

26. In Sec. 176.78, paragraphs (g)(4) and (g)(5) are removed and

reserved.

27. In Sec. 176.800, paragraph (a) is 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

28. The authority citation for part 177 continues to read as

follows:

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

29. In Sec. 177.800, paragraph (d) is 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.

Sec. 177.803, Sec. 177.805, Sec. 177.806, Sec. 177.807, Sec. 177.808,

Sec. 177.809, Sec. 177.811, Sec. 177.812, Sec. 177.813, Sec. 177.814,

Sec. 177.815, Sec. 177.825, Sec. 177.826, Sec. 177.836, Sec. 177.844,

Sec. 177.853, Sec. 177.855, Sec. 177.856, Sec. 177.857, Sec. 177.858,

Sec. 177.859, Sec. 177.860, Sec. 177.861 [Removed]

30. 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 are removed.

Sec. 177.821 [Amended]

31. In Sec. 177.821, paragraphs (c), (d), (e), and (f) are removed.

32. In Sec. 177.823, the section heading is revised and new

paragraphs (b) and (c) are added to read as follows:

Sec. 177.823 Movement of motor vehicles in emergency situations.

* * * * *

(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 any other source of

ignition, in the vicinity of a leaking cargo tank is not permitted.

(c) Movement of leaking cargo tanks. A leaking cargo tank may be

transported only the minimum distance necessary to reach a place where

the contents of the tank or compartment may be disposed of safely.

Every available means must be utilized to prevent the leakage or

spillage of the liquid upon the highway.

33. In Sec. 177.837, paragraph (a) is revised to read as follows:

Sec. 177.837 Class 3 (flammable liquid) materials.

* * * * *

(a) Engine stopped. Unless the engine of a cargo tank motor vehicle

is to be used for the operation of a pump, no Class 3 material shall be

loaded into, or on, or unloaded from any cargo tank motor vehicle while

the engine is running.

* * * * *

Sec. 177.838 [Amended]

34. In Sec. 177.838, paragraphs (d) and (e) are removed and

reserved.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

follows:

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

Sec. 178.346-3, Sec. 178.346-4, Sec. 178.346-5, Sec. 178.346-6,

Sec. 178.346-7, Sec. 178.346-8, Sec. 178.346-9, Sec. 178.346-12,

Sec. 178.346-14, Sec. 178.346-15, Sec. 178.347-3, Sec. 178.347-4,

Sec. 178.347-6, Sec. 178.347-7, Sec. 178.347-8, Sec. 178.347-9,

Sec. 178.347-11, Sec. 178.347-12, Sec. 178.347-14, Sec. 178.347-15,

Sec. 178.348-3, Sec. 178.348-4, Sec. 178.348-5, Sec. 178.348-6,

Sec. 178.348-7, Sec. 178.348-8, Sec. 178.348-11, Sec. 178.348-12,

Sec. 178.348-14, Sec. 178.348-15 [Removed]

36. 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,

[[Page 18934]]

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 are removed.

Subpart J--[Amended]

37. 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

38. The authority citation for part 179 continues to read as

follows:

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

Sec. 179.100-2, Sec. 179.100-5, Sec. 179.100-11, Sec. 179.100-22,

Sec. 179.104, Sec. 179.104-1, Sec. 179.104-2, Sec. 179.104-3,

Sec. 179.104-4, Sec. 179.106-179.106-4, Sec. 179.200-2, Sec. 179.200-5,

Sec. 179.200-12, Sec. 179.200-20, Sec. 179.200-26, Sec. 179.202-

179.202-22, Sec. 179.220-2, Sec. 179.220-5, Sec. 179.220-12,

Sec. 179.220-21, Sec. 179.220-27, Sec. 179.300-2, Sec. 179.300-5,

Sec. 179.300-11, Sec. 179.400-2, Sec. 179.400-26, Sec. 179.500-2,

Sec. 179.500-9 [Removed]

39. 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-- 179.106-4,

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, and

179.500-9 are removed.

Sec. 179.400-6 [Amended]

40. In Sec. 179.400-6, paragraph (a) is removed and reserved.

Issued in Washington, DC on April 1, 1996, under authority

delegated in 49 CFR part 1.

Rose A. McMurray,

Acting Deputy Administrator.

[FR Doc. 96-9555 Filed 4-26-96; 8:45 am]

BILLING CODE 4910-60-P