Improvements to Hazardous Materials Identification Systems

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 174, 175, 176 and 177

[Docket No. HM-206; Amdt. Nos. 171-151, 172-151, 173-260, 174-84, 175-

85, 176-42, 177-89]

RIN 2137-AB75

Improvements to Hazardous Materials Identification Systems

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

ACTION: Final rule.

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SUMMARY: This final rule amends the Hazardous Materials Regulations

(HMR) to better identify hazardous materials in transportation. Changes

include adding a new ``POISON INHALATION HAZARD'' (PIH) label and

placard to enhance the ready identification of materials which are

poisonous if inhaled, lowering the quantity for specific hazard class

placarding from 2,268 kilograms (5,000 pounds) to 1,000 kilograms

(2,205 pounds) of one class or division of material loaded on a

transport vehicle, expanding requirements for transport vehicles and

freight containers that have been fumigated, and other enhancements to

the hazard communication system. Improved identification of, and

information about, hazardous materials in transportation assists

emergency response personnel in responding to and mitigating the

effects of incidents involving the transportation of hazardous

materials, and improves safety to transportation workers and the

public.

DATES: Effective date: October 1, 1997.

Compliance date: Voluntary compliance is authorized beginning

February 11, 1997.

FOR FURTHER INFORMATION CONTACT: Helen L. Engrum, telephone (202) 366-

8553, Office of Hazardous Materials Standards, Research and Special

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

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

SUPPLEMENTARY INFORMATION:

I. Background

A. The Current Hazard Communication System

The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)

include a wide variety of hazard identification and communication

requirements for hazardous material shipments. These requirements are

designed, in part, to provide fire and emergency response personnel,

the public, and transport workers with information in the event of a

transportation incident involving hazardous materials. Hazard

communication and emergency response information requirements are set

forth in Subparts C through G of Part 172 of the HMR.

During transportation, most non-bulk packages of a hazardous

material must be marked with the shipping name and identification

number of the material and must have a hazard warning label affixed to

the package. Many shipments of hazardous materials must be identified

by placards attached to the transport vehicle or bulk package. Most

hazardous materials must be described and identified on a shipping

paper that accompanies a shipment in transportation. A shipping paper

must contain an emergency response telephone number that is monitored

at all times the hazardous material is in transportation. This

telephone number is used by emergency responders to

[[Page 1218]]

obtain more detailed, product specific information on the hazardous

material being transported. A carrier is required to have on each

vehicle transporting a hazardous material appropriate emergency

response information intended to provide guidance for the initial

actions to be taken in the event of an incident.

The hazard communication system in the HMR generally is consistent

with international standards. In a number of rulemaking actions from

1976 to the present, DOT has revised hazard communication requirements

in the HMR, by adoption of shipping descriptions, labels, and placards,

for consistency with standards in the United Nations Recommendations on

the Transport of Dangerous Goods (U.N. Recommendations).

The changes to hazard communication requirements made by this final

rule are intended to enhance the identification of hazardous materials

in transportation and improve the availability of emergency response

information. These changes should result in better response by, and

protection for, emergency response personnel, (e.g., local fire or

police department personnel), and help ensure that hazardous materials

are transported with minimum risks to persons, property, and the

environment.

B. Rulemaking History

On June 9, 1992, RSPA published an advance notice of proposed

rulemaking (ANPRM) in the Federal Register [57 FR 24532]. The ANPRM was

issued in response to Section 25 of the Hazardous Materials

Transportation Uniform Safety Act of 1990 (Pub. Law 101-615). The

section required the Secretary of Transportation to initiate a

rulemaking to determine methods of improving the existing system of

placarding vehicles transporting hazardous materials and to determine

methods for establishing and operating a central reporting system and

computerized telecommunications data center that could provide

information to facilitate responses to incidents involving hazardous

material. DOT was required to contract with the National Academy of

Sciences (NAS) to study the need for establishing the central reporting

system and telecommunications center. The NAS and DOT reports are

included in this docket.

In the ANPRM, RSPA requested comments on 63 primary questions, many

of which had sub-elements, addressing: (1) Methods of improving the

current system of placarding vehicles transporting hazardous materials;

(2) methods to improve the system of identifying hazardous materials in

transportation; (3) the feasibility and necessity of requiring carriers

to maintain continually-monitored telephone contacts for emergency

response information; and (4) methods for establishing and operating a

central reporting system and center that could provide information to

facilitate responses to incidents involving the transportation of

hazardous materials. More than 230 comments were submitted in response

to the ANPRM. Most commenters did not support a comprehensive

modification of the existing hazard communication requirements. The

commenters were overwhelmingly opposed to establishing a central

reporting system and center, on the grounds that it would not be

workable and would be too costly.

On August 15, 1994, RSPA issued a notice of proposed rulemaking

(NPRM) in the Federal Register proposing certain changes to the hazard

communication requirements of the HMR. [59 FR 41848; Corrections to the

NPRM were published Aug. 26, 1994 (59 FR 44230) and Aug. 30, 1994 (59

FR 44795)] RSPA agreed with the central recommendation in the NAS

report and most of the commenters to the ANPRM not to establish a

national, central reporting system and computerized telecommunications

data center. Accordingly, RSPA did not propose to establish a central

reporting system and computerized telecommunications data center.

More than 80 written comments from chemical companies, transport

companies, farmers, trade associations, explosives manufacturers and

distributors, police departments and fire associations, State

governments, and the National Transportation Safety Board (NTSB) were

received in response to the NPRM. In addition, on October 18, 1994, a

public hearing was held in Washington, DC. Twenty-four persons

attended, and several presented written and oral statements. A

transcript of the public hearing is on file in the Docket.

II. Regulatory Issues

A. Summary

A majority of commenters supported RSPA's narrowing of the issues

related to improvements to the current hazard identification and

communication system and supported most of the proposals.

The following is a discussion of the comments and regulatory

changes made in this final rule.

B. Labeling and Placarding Requirements

1. PIH label and placard. RSPA is adopting, as proposed, in

Subparts E and F of Part 172, respectively, unique labels and placards

for both liquids and gases that are poisonous by inhalation (PIH).

Based on their severe inhalation hazards, certain materials are

designated as poisonous by inhalation. The term ``material poisonous by

inhalation'' is defined in 49 CFR 171.8. Classification criteria are

set forth in Sec. 173.115 for gases and Sec. 173.132 for liquids.

Specific regulations in Subparts C and D of Part 172 generally require

that the words ``Inhalation Hazard'' be entered on each shipping paper

and marked on each packaging in association with the proper shipping

name for PIH materials. Packages of PIH materials must also be labeled

and transport vehicles must be placarded, as appropriate. Currently

emergency responders are alerted to the presence of materials poisonous

by inhalation in transportation by these special package markings and

shipping paper information. Since harmonizing domestic regulations with

international standards in the U.N. Recommendations and adopting

international labels and placards, hazard warning words on a label or

placard are no longer required in the HMR. Because of the lack of

hazard warning words or a distinguishing characteristic in the symbol

on a POISON vs. POISON GAS label or placard to immediately warn

emergency responders of the dangers associated with poisonous liquids

or gases, RSPA believes the existing POISON or POISON GAS label and

placard are not adequate in communicating the inhalation hazard of

these materials.

In the NPRM, RSPA proposed a distinctive label and placard for PIH

materials. A majority of commenters supported adoption of a PIH label

and placard, and others indicated that they would support a PIH label

and placard if adopted by the U.N. Most commenters, both for or against

the proposal, linked their positions to concerns for maintaining

harmonization with the U.N. Recommendations in hazard communication.

Commenters supporting a PIH label and placard stated that the new

warnings would improve DOT's hazard communication system by creating an

instantly recognizable difference between PIH materials and other

poisons, thus further enhancing responder safety. The International

Association of Fire Chiefs stated that changing the labeling/placarding

from ``Poison'' to ``Poison

[[Page 1219]]

Inhalation Hazard'' is very appropriate and will be extremely

beneficial to emergency responders. The Chemical Manufacturers

Association (CMA) supported creation of a new placard for liquids and

gases deemed poisonous by inhalation because of the additional guidance

that would be provided to emergency responders; however, CMA urged RSPA

to work with the U.N. to develop and gain acceptance of a new label and

placard before modifying the HMR. The American Trucking Associations

(ATA) supported adoption of a PIH label and placard in its comments to

the ANPRM and continued that support in its comments to the NPRM. ATA

indicated that the present system for identifying PIH materials is

inadequate and confusing. ATA also suggested revisions to Secs. 171.11,

171.12, and 171.12a, to allow continued use of the existing POISON and

POISON GAS labels and placards for international shipments. The

Chemical Waste Transportation Institute (CWTI) suggested that the

``Inhalation Hazard'' marking prescribed in the current Sec. 172.313 be

eliminated if PIH labels and placards are displayed in domestic

transportation.

Several supporters believe that, if RSPA adopts a PIH label and

placard, the INHALATION HAZARD text ``must'' be displayed on the label

and placard at all times. Many commenters supporting the proposed PIH

label and placard asked RSPA to provide a transition period of at least

one year for implementation.

Commenters opposed to a U.S.-only PIH label and placard said such a

provision would depart from the hazard communication system established

in Docket HM-181 to achieve international uniformity. Other commenters

opposing a PIH label and placard asserted that existing POISON and

POISON GAS labels and placards clearly convey an adequate warning and

are generally well understood.

RSPA believes that a new PIH label and placard provide a

distinctive warning to emergency responders of the unique hazards

(extreme toxicity, high volatility) of PIH gases and vapors. RSPA

intends to propose classification, hazard communication and packaging

requirements for PIH materials for adoption in international

transportation regulations during the 1997-98 biennium of the U.N.

Committee of Experts on the Transport of Dangerous Goods. Requiring a

specific PIH label and placard is an additional step in RSPA's effort,

begun in 1985, to enhance safety in the transportation of PIH materials

by establishing a complete system of transportation controls:

Classification; hazard communication; and packaging. Adding a PIH label

and placard to the hazard communication requirements also responds to a

petition (P-1132) for rule change from the Compliance and Investigation

Committee of the Cooperative Hazardous Materials Enforcement

Development (COHMED) program. The COHMED program, made up of

participants from Federal, State and local government agencies, and

industry, is an outreach activity of RSPA that promotes coordination,

cooperation, education and communication for the safe transportation of

hazardous materials.

In response to concerns expressed by commenters, if the new PIH

label or placard is displayed, the ``Inhalation Hazard'' marking

specified in Sec. 172.313 is not required on a package. However,

packages being transported under the provisions in Secs. 171.11,

171.12, or 171.12a, which are not labeled as required in this final

rule, must display the ``Inhalation Hazard'' marking. RSPA is not

adopting a requirement requested by commenters that display of text be

required on labels and placards. RSPA believes that the distinct design

and dark color of the symbol depicted on the new PIH label and placard

adequately convey the appropriate information to alert responders to

the dangers involving materials poisonous by inhalation. Also as

requested by commenters, for highway and rail shipments of a material

poisonous by inhalation, RSPA is including transitional provisions for

continued use of the old POISON or POISON GAS placards until October 1,

2001, which is consistent with the current transitional provisions in

Sec. 171.14 for placarding highway shipments of hazardous materials

(i.e., October 1, 2001).

2. Lowering the placarding exception for use of the DANGEROUS

placards from 2,268 kg (5,000 pounds) to 1,000 kilograms (2,205

pounds). As proposed, RSPA is adopting, in the placarding provisions in

Part 172, a requirement that limits use of the DANGEROUS placard for

mixed loads of hazardous materials. RSPA is lowering from 2,268

kilograms (5,000 pounds) to 1,000 kilograms (2,205 pounds) the quantity

of one class or division of a hazardous material loaded at one facility

for which a specific placard (e.g., CORROSIVE or FLAMMABLE) is

required.

A number of commenters opposed this proposal, citing the potential

for confusion, additional training, placard proliferation, decreased

hazard warning effectiveness, additional drivers needing a Commercial

Driver's License (CDL), and cost to industry. The Conference on Safe

Transportation of Hazardous Articles, Inc., urged RSPA not to implement

the proposed change, stating that it would increase costs and cause a

regulatory ``ripple effect'' associated with the reduction of the

current placarding threshold.

Farmland Industries, Inc. (Farmland), opposed lowering the quantity

for which specific hazard class placarding is required and believed

that modification of the use of the DANGEROUS placard would require

greater investment in additional placards and training to obtain

compliance with the regulations. Farmland stated that each of these

investments adds costs to its products, which will ultimately be borne

by the consumer. The International Sanitary Supply Association (ISSA)

opposed limiting use of the DANGEROUS placard. ISSA stated that, at a

time when industry is still coming to terms with the massive changes

brought about by HM-181, it is imperative to provide some consistency

in the regulations to facilitate overall compliance and transportation

safety.

A number of commenters supported the proposal stating that safety

would be improved by requiring more shipments to display specific

hazard class and division warnings. The IAFC expressed support for the

proposal because use of the DANGEROUS placard increases the risk to

response personnel arriving at the scene of an emergency because the

nature or characteristics of the hazardous material are not

specifically identified, resulting in delaying decisions on how to

mitigate the incident. Another commenter stated the DANGEROUS placard

does not provide enough significant information to emergency responders

trying to identify hazardous materials in a transport vehicle. The

Compressed Gas Association supported the proposal to better identify

the hazards. Shell Oil stated the presence of a DANGEROUS placard may,

in some instances, delay effective action. Monsanto stated that the

DANGEROUS placard should be eliminated altogether because its

elimination will serve to further increase compliance and safety.

RSPA believes that further limiting the use of the DANGEROUS

placard by lowering the quantity from 2,268 kilograms (5,000 pounds) to

1,000 kilograms (2,205 pounds) for which a specific placard is required

will improve communication relative to the hazardous materials being

transported on a vehicle. RSPA does not agree with the comments

asserting that additional drivers will be requiring a CDL. Since these

motor vehicles are already

[[Page 1220]]

placarded with a DANGEROUS placard, display of a specific placard will

not affect or increase the number of drivers needing a CDL.

3. Lowering the placarding exception threshold from 454 kg (1,001

pounds) to 400 kg (882 pounds) aggregate gross weight of Table 2

hazardous materials. In this final rule, RSPA is not lowering the

placarding exception threshold in Sec. 172.504(c). RSPA proposed

lowering the placarding exception threshold for hazardous materials in

Table 2 from 454 kilograms (1,001 pounds) to 400 kilograms (882

pounds). The exception allows for the transportation of up to 454

kilograms (1,001 pounds) aggregate gross weight of ``Table 2''

hazardous materials in non-bulk packagings on a transport vehicle

without placarding.

More than 50 comments were received in opposition to the proposal.

In support of their opposition to this proposal, commenters cited the

potential for increased confusion, increased costs to industry, an

increase in the number of drivers requiring a CDL, increased burden on

small shippers, more placard-related prohibitions (i.e., tunnels, some

expressway restrictions), training, placard ``proliferation,'' and

reduced effectiveness of the placarding requirements.

Some commenters in support of the lowering of the placarding

exception, indicated that even small amounts of hazardous materials can

cause injury or damage to the public, property, and the environment,

and that without placards communication of this important information

would be lacking. Monsanto said that the exception to the placarding

requirement is inconsistent with other parts of the hazardous materials

regulations requiring labeling and marking for smaller quantities of

hazardous materials found in other sections of the regulations.

Monsanto indicated that reduction of the weight limitation would lead

to better communication for hazardous materials shipments, enhanced

safety and better emergency response.

RSPA views the proposed lowering of the placarding exception

threshold as an incremental enhancement to safety. RSPA agrees with

commenters that the number of drivers needing a CDL would increase

because more vehicles would be placarded and that such a change would

substantially increase compliance costs. Upon further consideration,

RSPA has determined that the benefits of this safety enhancement do not

outweigh the potential costs and is not adopting this proposal.

4. Table 1 placard assignment--Organic peroxide, Type B, liquid or

solid, temperature controlled. In Sec. 172.504, RSPA is adopting the

proposal to require placarding of any quantity of ``Organic peroxides,

Type B, temperature controlled'' material. In the NPRM, a proposal was

made to include ``Organic peroxide, Type B, liquid or solid,

temperature controlled'' in Table 1 of Sec. 172.504(e), which would

require placarding in any quantity. Only two comments were received on

this issue. PPG Industries, Inc., supported the change. J. B. Hunt

Transport, Inc., recommended changing the classification of Organic

peroxide, Type B, temperature controlled materials to a Class

[Division] 1.3 Explosive, but did not provide any information to

substantiate its proposal.

RSPA believes that organic peroxides that require refrigeration for

stabilization purposes during transport pose a substantial hazard in

any incident that results in a loss of temperature control. These

organic peroxides can decompose with such rapidity within a package

that the resultant heat and gas will violently burst the package,

creating a dangerous situation during which emergency measures and

possible evacuation of the areas would need to be initiated. In order

to make emergency responders aware of organic peroxides requiring

temperature control, it is necessary to communicate the fact without

regard to quantity. Therefore, RSPA is adding ``Organic peroxide, Type

B, temperature controlled'' in placarding Table 1 of Sec. 172.504(e).

The placarding requirements applicable to other organic peroxides

remain in Table 2.

5. Prohibited and permissive placarding: Extraneous information on

placards and in placard holders. RSPA is revising Sec. 172.502 to

prohibit extraneous information (e.g., ``DRIVE SAFELY'') on placards,

in placard holders and on placard-type displays, as proposed. RSPA

received 18 comments supporting the proposal to prohibit the display of

extraneous information, such as the ``DRIVE SAFELY'' slogan, on a

placard, placard-type display, and in a placard holder. Most of the

commenters believed the prohibition will reduce confusion among

emergency responders and increase placard effectiveness. ATA urged RSPA

to allow a 7 year phase-out period. Dow Chemical Company supported this

change, and requested that a reasonable phase-out period be allowed.

Yellow Freight System, Inc. supported removal of extraneous information

on placards, placard-type displays, and in placard holders and stated

that other venues exist on tractors and trailers for carriers to more

appropriately place messages unrelated to the safe transportation of

hazardous materials. The State of Michigan, Department of State Police

stated that elimination of the ``DRIVE SAFELY'' sign is an excellent

change and should be adopted. The National Tank Truck Carriers, Inc.

(NTTC) had no opposition to this proposal, but questioned whether

``DRIVE SAFELY'' slogans on placard-type displays could be confused

with ``alert words'' used on placards.

Five commenters, including the National Private Truck Council,

opposed the proposed prohibition, asserting that there is no evidence

the ``DRIVE SAFELY'' display on placards and in placard holders

confuses responders. The National Industrial Transportation League

(NITL) stated that it could better support a rule which would simply

forbid the marking of signs or slogans on vehicles, bulk packaging and

containers in the ``future,'' but not require the removal of signs and

slogans which currently exist. A commenter opposed to this change

stated the current requirement in Sec. 172.502(a)(2), as it is

currently written, is sufficient to prevent displays of conflicting

slogans or markings on transport vehicles carrying hazardous materials.

RSPA believes that extraneous information displayed on placards,

placard-type displays, and in placard holders, such as ``DRIVE SAFELY''

and other slogans, detracts from the basic function of placards, and

reduces the ability of emergency responders to readily recognize vital

hazard alerting information. Placards must be strictly reserved for

hazard communication with all other confusing or conflicting displays

prohibited. Accordingly, RSPA is prohibiting the display of extraneous

information on placards, placard-type displays, and in placard holders.

RSPA agrees with those commenters requesting an extended compliance

date consistent with the transitional provisions for placarding highway

shipments (October 1, 2001) of hazardous materials for phasing out

extraneous information. In the NPRM, RSPA proposed a compliance date of

October 1, 1997, for mandatory removal of these slogans. Upon further

consideration, RSPA believes a transition period consistent with the

current provisions in Sec. 171.14(b) is appropriate and is providing a

phase-out period until October 1, 2001, for industry to remove, cover,

or obliterate extraneous slogans from placard displays.

[[Page 1221]]

C. Marking Requirements

1. Identification number marking for packaged Poison Inhalation

Hazard (PIH) materials. RSPA is revising Sec. 172.313 and adopting the

proposal, with modification, to require that identification number

markings be displayed on transport vehicles and freight containers to

improve identification of a hazardous material poisonous by inhalation

(PIH) offered in amounts of more than 1,000 kilograms (2,205 pounds)

aggregate gross weight. RSPA proposed to require identification number

markings on a transport vehicle or freight container containing non-

bulk packages having more than 400 kilograms (882 pounds) aggregate

gross weight of a PIH material.

Commenters, such as the Association of American Railroads (AAR),

opposed this identification number marking on the basis that it would

be redundant and burdensome to industry given RSPA's proposal to add a

new PIH label and placard to more specifically communicate the

inhalation hazard to emergency response personnel. Several commenters

said it would not provide any safety benefit. Others warned the

existing, well understood hazard communication system for poisonous

materials could be weakened by introducing a plethora of confusing,

redundant markings. Air Products and Chemicals, Inc. said that this

change would cause it to modify existing customer delivery patterns to

reduce the likelihood of multiple mixed loads of PIH materials.

Other commenters, such as CWTI, supported the change, stating that

this proposed change would more ``efficiently convey essential

information'' from available sources and provide essential information

not previously available because the shipment was not subject to the

display of identification number markings on transport vehicles and

freight containers. CMA expressed general support for the proposal, and

believed that while this change would be relatively minor in nature,

the change should help improve the hazard communication system and

increase the safety of emergency responders. The 3M company recommended

a 1,001 pound threshold for consistency with the existing placarding

exception in Sec. 172.504.

RSPA believes that requiring certain quantities of a packaged PIH

material to be identified by an identification number marking display

on a transport vehicle or freight container will increase the

effectiveness of DOT's communication system for high hazard poisonous

liquids and gases. This requirement will further enhance the

effectiveness of the new PIH labels and placards by providing immediate

information to emergency responders assisting them in addressing the

hazards of PIH materials.

In response to the concerns expressed by several commenters in

regard to shipping mixed loads, (e.g., different kinds of poisonous

gases in cylinders, assigned different identification numbers, which

may weigh as much as 150 pounds gross weight), RSPA is raising the

quantity threshold for identification number marking of a packaged PIH

material from the proposed 400 kilograms (882 pounds) to 1,000

kilograms (2,205 pounds) aggregate gross weight on a transport vehicle

or freight container.

2. Identification number marking on vehicles transporting non-bulk

packages in large quantities. Section 172.301 is revised, and the

proposal is adopted with modification, to require an identification

number marking display on transport vehicles and freight containers

containing large quantities of non-bulk packagings of hazardous

materials having a single identification number, and includes a

threshold of 4,000 kilograms (8,820 pounds) for those quantities. RSPA

proposed to require display of identification numbers on vehicles

transporting, in truckload or carload quantities, non-bulk packages of

hazardous materials that are identified by a single identification

number.

Nineteen commenters supported this proposal. Nine commenters

opposed it; however, six of these commenters said they would support it

if RSPA clarified what constitutes a ``truckload'' or ``carload''

quantity.

Several commenters urged RSPA to define ``truckload'' as ``fully

loaded'' when a substantial capacity of the vehicle is ``occupied'' by

packaged hazardous materials, or restrict application to common freight

container size dimensions, such as 8' x 8' x 20' or 8' x 8' x 40'.

Several commenters were unclear whether RSPA intended the marking

requirements to be based on package weight or number; or whether the

terms ``truckload'' or ``carload'' would include vans and other similar

vehicles.

Commenters opposed to the proposal asserted that the marking

requirement might force businesses to change delivery patterns or

customer service or to avoid mixing certain hazardous and non-hazardous

loads.

RSPA believes that a requirement for the display of identification

number marking on transport vehicles and freight containers containing

large quantities of hazardous materials in non-bulk packagings having a

single identification number will assist emergency responders in

accessing hazard mitigation information. In response to commenters

concerns regarding the phrase ``truckload'' or ``carload'' quantity,

RSPA has decided to avoid use of terms that could be confused with

economic terminology. In this final rule, large quantities of hazardous

materials in non-bulk packagings having a single identification number

and having an aggregate gross weight of not less than 4,000 kilograms

(8,820 pounds) on a transport vehicle or freight container would be

subject to the requirement. Accordingly, the identification number

specified for the hazardous material in the Sec. 172.101 Table must be

displayed on a placard, orange panel or plain white square-on-point

configuration as prescribed in Secs. 172.332 or 172.336, as

appropriate.

A new Sec. 172.323 was proposed for the new identification number

requirement. After further consideration, RSPA believes it is more

appropriate to consolidate this requirement under the general

requirements for marking non-bulk packagings, in Sec. 172.301.

3. Identification number marking visibility on closed transport

vehicles or freight containers carrying cargo tanks and other bulk

packagings. In Subpart D of Part 172, RSPA is adopting as proposed a

requirement to specify that identification number markings are required

on the outside of closed transport vehicles and freight containers

carrying cargo tanks and other bulk packagings (e.g., intermediate bulk

containers (IBCs)), when the identification number marking on the bulk

package is not visible during transportation.

NTTC and three other commenters supported the clarification to

assure that markings will be visible on the exterior of a closed

transport vehicle or freight container containing a hazardous material

in a bulk packaging. The Rigid Intermediate Bulk Container Association

(RIBCA) opposed the proposal, saying it is not unusual for one vehicle

to contain four or more IBCs bearing four or more different

identification numbers. RIBCA said the proposed clarification would

require display of many identification numbers on vehicles that would

confuse responders. RIBCA suggested use of primary class placards or

identification number displays for IBCs bearing ``a single

identification number.''

RSPA believes that the display of identification numbers on the

outside of

[[Page 1222]]

transport vehicles that contain bulk packages of hazardous materials is

consistent with the requirement that identification numbers on the bulk

package be visible in transportation. RSPA does not agree that

identification number marking displays on closed transport vehicles

containing other bulk packagings (e.g., IBCs) should only apply if the

IBCs in the transport vehicle or freight container bear the same

identification number. Accordingly, RSPA is requiring the display of

identification numbers on the outside of closed transport vehicles and

freight containers when they contain any bulk packaging.

4. FUMIGANT marking on transport vehicles or freight containers

which contain fumigated lading. In Sec. 173.9, RSPA is adopting its

proposal, with modification, to revise and expand the requirements for

display of a FUMIGANT marking that is consistent with international

requirements. RSPA is: (1) extending the requirements to display the

fumigant marking to every material used to fumigate the contents of a

transport vehicle or freight container; (2) expanding the requirements

to cover all modes of transportation; (3) specifying that a fumigated

transport vehicle or freight container is a ``package'' for application

of the fumigation requirements; (4) adopting the international fumigant

marking; and (5) consistent with the U.N. Recommendations, specifying

that a shipping paper accompanying an international shipment must

contain hazard warning information concerning the fumigant.

Most commenters supported application of the FUMIGANT marking to

all modes of transportation and revision of the marking for consistency

with the U.N. Recommendations. The IAFC stated that even though there

are not many documented incidents where the lack of a FUMIGANT marking

has caused an accident, the potential for such accidents exists

throughout the country. The Arizona Department of Public Safety

supported the change, stating:

Your proposed revision would have undoubtedly prevented the

injury of one of our Arizona Highway Patrol Commercial Vehicle

Safety Specialists last year, when he entered a trailer on a state

highway to inspect its contents. He was unaware that it had recently

been fumigated with methyl bromide, and was quickly injured by the

fumigant. He was treated at a hospital and by his personal

physician, and lost time off work from the incident.

This officer was one of our hazardous materials emergency

responders, and had been trained to the OSHA 1910-120 [sic]

Hazardous Materials Technician level, with over 200 hours of

training. However, since he was unaware of the toxic fumigated

nature of the trailer, he did not utilize the personal protective

clothing and self-contained-breathing-apparatus he was equipped

with.

One commenter supported the proposal and stated that the fumigation

issue is of particular interest in Washington and Oregon because both

States have ports and receive grain from other States via highway and

rail.

Only one commenter, a large motor carrier, opposed the proposal,

pointing out that the fumigant marking was designed for large enclosed

places with little or no opportunity for escape of toxins upon opening

(such as a cargo aircraft or vessel). The commenter stated that it

would not be beneficial to small ground transportation vehicles that

are rarely, if ever, opened in confined spaces.

The Air Transport Association of America inquired whether this

provision would require ``small shippers of agricultural products to

provide a fumigant warning (if product has been treated) on shipper

provided packaging.'' The requirement to display a FUMIGANT warning is

applicable to freight containers which contain fumigated lading, and

not to aircraft compartments containing crates, boxes or other packages

containing agricultural produce or perishable products.

In response to another commenter, the wording ``should indicate''

in proposed Sec. 173.9(f) is changed to read ``must indicate,''

relative to fumigation information on international transport

documents.

After further consideration, RSPA is not adopting as proposed, the

training and testing requirement prescribed in Subpart H of Part 172,

as it applies to persons who offer and accept a material for

transportation which has been fumigated. However, if other hazardous

materials are being transported, the training requirements of the HMR

apply. RSPA believes that persons offering or transporting fumigated

loads must have knowledge relative to the fumigated load. Accordingly,

Sec. 173.9 is revised to specify that such persons must be informed of

the requirements of this section which are applicable solely because

the lading has been fumigated and, for the purpose of this section, is

a package containing a hazardous material.

For the purposes of compliance with this section of the HMR, RSPA

has made the determination that a fumigated load is a ``package.'' This

should resolve concerns relative to the potential for increased

financial responsibility levels, as required by the Federal Motor

Carrier Safety Regulations (FMCSR), 49 CFR part 387.

Based on the forgoing, RSPA believes that a FUMIGANT marking for

all modes of transportation is necessary and that display of the

proposed FUMIGANT marking will minimize the risk of exposure and

prevent injury from poisonous or noxious materials. It should be noted

that requirements in Sec. 176.76(i) [issued under the final rule in HM-

215A; 59 FR 67390] for fumigants transported by vessel became effective

October 1, 1996. On April 29, 1996, a final rule [HM-222A; FR 61 18926]

was published in the Federal Register which redesignated Sec. 176.76(i)

as Sec. 176.76(h).

D. Emergency Response Information

1. Emergency response information readily available to authorities.

RSPA proposed to clarify certain provisions of the emergency response

information requirements in Subpart G of Part 172, and corresponding

Secs. 175.33, 176.30, and 177.817. Upon further consideration, based on

comments received in opposition to this proposal, RSPA is not adopting

the changes proposed in Sec. 172.602 and the corresponding sections.

RSPA believes that the basic elements of the proposed change are

already adequately covered by the requirements in Sec. 172.600(c).

2. Carrier notification and information contact. RSPA is adding

Sec. 172.606 to the HMR and adopting, as proposed, a requirement that

each carrier who transports a hazardous material, for which a shipping

paper is required, to instruct the operator of a motor vehicle, train,

aircraft, or vessel to contact the carrier in the event of an incident

involving the hazardous material.

Generally, most commenters supported improvements to emergency

response information requirements. Most of these commenters did not

specifically address their comments to the proposal for carrier

information contact and notification. Of the ten comments which

specifically addressed this proposal, approximately five commenters

supported it. The American Trucking Associations had no comment on this

proposal.

Many of the commenters confused the proposal for carrier

information contact with the proposal for marking an emergency response

telephone number on a motor vehicle when disconnected from its motive

power and stored at other than a carrier's, consignee's, or consignor's

facility. One commenter said that the proposal was unnecessary because

carriers should already be instructing their operators to contact

[[Page 1223]]

them in the event of an incident involving hazardous materials, as part

of the driver training requirements under Subpart H of Part 172.

RSPA believes that required information available at the scene of a

hazardous materials incident meets most of the immediate information

needs of responders. However, in some instances the operator of a motor

vehicle may not be able to initiate appropriate mitigation procedures

without the carriers involvement. RSPA believes better coordination of

emergency response and spill mitigation actions will result from

specific requirements for carrier instruction to operators regarding

incident notification; therefore, RSPA agrees with NAS's recommendation

that requiring a carrier information contact will respond in part to

concerns addressing improvements to the hazardous materials

identification system. In this final rule, RSPA is requiring that a

carrier who transports or accepts a hazardous material for

transportation instruct the operator of a transport vehicle to contact

the carrier following an incident.

3. Mark carrier telephone number on transport vehicle, or have

shipping papers and emergency response information located on transport

vehicle when a transport vehicle is separated from its motive power.

RSPA is adopting, as proposed in new Sec. 172.606, a requirement that a

motor carrier mark its telephone number on a highway transport vehicle,

trailer or semi-trailer, or have shipping papers and emergency response

information located on the transport vehicle, when separated from its

motive power away from a consignee's, consignor's, or carrier's

facility. Most comments on this proposal supported the concept, but

differed on how to implement it. Several motor carriers noted that many

carriers already mark their names on transport vehicles and asked RSPA

to exempt companies already displaying this information. Other

commenters cited confusion over marking trailers used by more than one

carrier; they said such trailers should bear the lessee's name and

phone number. Illinois DOT supported the proposal and stated that a

consistent location should be specified, such as a holder on the right

front corner, to ensure copies of shipping papers and emergency

response information are on a transport vehicle when disconnected from

its motive power. NITL generally supported RSPA's proposal in

Sec. 172.606(b), but requested exceptions for those carriers who

already prominently display their names and principal place of business

from having to mark their vehicles with the telephone number of the

motor carrier.

RSPA believes that an unattended motor vehicle (e.g., a trailer or

semi-trailer disconnected from its motive power) carrying hazardous

materials must be sufficiently identified to communicate information

regarding hazardous materials in the transport vehicle or to provide a

telephone number where the information would be available. In some

instances, a semi-trailer may be in an interchange operation in which

the motor carrier using the semi-trailer is not the motor carrier whose

name is displayed on the vehicle, or a leasing company name may be

prominently displayed on a semi-trailer. In either of these instances,

the company's name appearing on the semi-trailer would not lead

directly to information regarding the hazardous material being

transported. RSPA acknowledges that many transport vehicles identified

and operated by the same company are marked with the company's name and

address. RSPA does not believe such operations should be excepted from

complying with any method prescribed in Sec. 172.606(b) (1), (2), or

(3).

E. Editorial Correction and Clarification

1. Notice to train crews of placarded cars. In Sec. 174.26, RSPA is

adopting, as proposed, a requirement that a train consist be updated to

reflect the current position in the train of each rail car containing

hazardous materials. NTSB supported clarification of a provision in

Sec. 174.26, which requires that a train crew must have a document that

reflects the current position in the train of each rail car containing

a hazardous material, stating:

The Board supports the proposed change to 49 CFR Section

174.26(b) that would require a traincrew [sic] to have a current

record or updated consist to reflect the position in the train of

each rail car containing a hazardous material. The proposed revision

would satisfy action requested in Safety Recommendation R-9-38,

which was issued by the Board to the Federal Railroad Administration

following a train derailment in Akron, Ohio, on February 26, 1989.

RSPA proposed that an updated train consist be permitted to meet

this requirement. The existing requirement in the HMR specifies that

the train crew must have a document indicating the position in the

train of each loaded placarded car containing hazardous materials,

except when the position is changed or the placarded car is placed in

the train by a member of the train crew. Although the provision

specifies that a train consist may be used, it does not state that the

train consist must be ``updated'' to meet this requirement. AAR and

several rail carriers expressed concern that the proposed language as

written does not clearly state that train crews can attach a document,

which reflects current train placement, to the train consist to

indicate changes in the placement of hazardous materials cars in

trains. AAR stated that train crews should be specifically authorized

to modify consists by inserting a ``reference'' in the consist to

additional documents in the train crew's possession.

Along with NTSB, FRA and RSPA believe this section should be

clarified to specify that an updated train consist must be used to meet

this requirement. In response to AAR's and several rail carriers'

concerns for further clarification of the term ``updated'' as it

applies to modifying train consists to reflect the train placement

requirement, RSPA is revising this section to allow the use of appended

or attached documents that reflect current train placement. This

addresses situations in which modifying a train consist is accomplished

by inserting attachments (e.g., track lists and work orders, etc.) that

reflect the current position in the train of cars containing hazardous

materials. In this final rule, a train consist must be updated (i.e.,

modified, changed, or appended) and used by the train crews to

accurately reflect changes in the placement of hazardous materials cars

in trains.

III. Related Rulemakings

On June 5, 1996, RSPA issued a final rule [HM-216; 61 FR 28666],

which contained a number of changes to the rail requirements in the

HMR. RSPA revised Secs. 172.510 and 172.526 to delete reference to the

use of the RESIDUE placard and removed the RESIDUE placard as shown in

the placarding examples, respectively. RSPA also removed the special

documentation requirements of Sec. 174.25 requiring placard notations

or endorsements on shipping papers (e.g., waybills, switching ticket,

or switching order). In addition, RSPA deleted paragraph (a) of

Sec. 174.26, regarding notices showing the location in each train of

each rail car placarded EXPLOSIVES 1.1 or 1.2, POISON GAS, Division 2.3

Hazard Zone A, and Division 6.1, PG I, Hazard Zone A materials, and

revised and redesignated paragraph (b) as paragraph (a).

Since the provisions applying to the specifications and use of the

RESIDUE placard have been removed in HM-216, the change proposed in

Sec. 172.510 (HM-206), regarding reference to the POISON-RESIDUE and

POISON

[[Page 1224]]

INHALATION HAZARD-RESIDUE placards, is no longer necessary. The action

taken in HM-216 in Sec. 174.25 to remove the requirements for placard

endorsement and notation on rail billings, makes the proposed change in

this section referencing the POISON INHALATION-HAZARD placard

unnecessary. In this final rule, for ease of understanding, the text of

Sec. 174.26 contained in Docket HM-216 is republished.

On May 30, 1996, RSPA issued a final rule [Docket HM-222B; 61 FR

27166], which revised the requirement in Sec. 177.841 to allow

foodstuffs which are loaded in a closed unit load device to be

transported in the same motor vehicle with poisons that are loaded in a

separate closed unit load device. In this final rule, RSPA is revising

Sec. 177.841 to include reference to the new POISON INHALATION HAZARD

label.

IV. Section-by-section highlights

This section-by-section summary addresses highlights of the changes

to the hazard communications requirements. In addition, the following

table is provided as an aid to readers and provides a summary of

changes made in this final rule and their respective compliance dates.

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

Section Action Discussion Compliance date

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

Sec. 172.301...................... ID No. marking on vehicle New requirement....... Oct. 1, 1997.

for large quantities (4,000 kg) in non-

bulk packages.

Sec. 172.313...................... ID No. marking on vehicle New requirement...... Oct. 1, 1997.

for a PIH material with

1,000 kg in

non-bulk packages.

Sec. 172.328...................... ID No. marking display on New requirement....... Oct. 1, 1997

closed vehicle containing

cargo tanks.

Sec. 172.331...................... ID No. marking display on Expansion of current Oct. 1, 1997

closed vehicle containing requirement

other bulk packages (e.g., applicable to

IBCs). portable tanks.

Secs. 172.416 & 172.429........... PIH labels for both liquids Replaces POISON label Oct. 1, 1997.

and gases that are and POISON GAS label

poisonous if inhaled. design.

Sec. 172.504(b)................... Specific placard required Reduction of quantity Oct. 1, 1997.

when 1,000 kg from 2,268 kg for use

of one class on a vehicle. of DANGEROUS placard

for mixed loads.

Sec. 172.606(a)................... Carrier must instruct New requirement....... Oct. 1, 1997.

operator of motor vehicle

to contact the company in

the event of a hazmat

incident.

Sec. 172.606(b)................... Requiring information with New requirement....... Oct. 1, 1997.

parked (dropped) motor

vehicle.

Secs. 172.302 & 173.9............. FUMIGANT marking, applying Expansion of existing Oct. 1, 2001.

to all modes. requirements and

adoption of

international design.

Sec. 172.502...................... Prohibited display of Expansion of existing Oct. 1, 2001.

extraneous information on requirements.

placard and in placard

holder.

Secs. 172.540 & 172.555........... PIH placards for both Replaces POISON and Oct. 1, 2001.

liquids and gases that are POISON GAS placard

poisonous if inhaled. design.

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

Section 171.8. Although not proposed, in order to assist persons in

locating the requirements for transporting lading which has been

fumigated, the entry `` `Fumigated lading' (See Secs. 172.302(g) and

173.9)'' is being added to the definitions in Sec. 171.8.

Section 171.11, 171.12 and 171.12a. In Secs. 171.11(d)(9)(iii),

171.12(b)(8)(iii) and 171.12a(b)(5)(iii), the words ``POISON INHALATION

HAZARD'' replace the word ``POISON'' in reference to labeling poison

inhalation hazard materials other than gases.

Section 171.14. On September 26, 1996, a final rule was published

in the Federal Register [Docket HM-181H; 61 FR 50616] which removed

obsolete transition dates in Sec. 171.14. New paragraphs (a), (b), and

(c) contain all remaining transitional provisions implementing changes

adopted under Docket HM-181. In this final rule (HM-206), paragraph (b)

is revised to allow continued use of the old placards for PIH

materials, in accordance with the Placard Substitution Table provided

in this section. Accordingly, for highway and rail shipments, mandatory

use of the new PIH placards [for Division 2.3 and Division 6.1, PG I

materials] begins on October 1, 2001, which is consistent with other

transitional placarding provisions for highway shipments of hazardous

materials.

Section 172.101. On April 29,1996, a final rule was published in

the Federal Register [Docket HM-222A; 61; FR 18926]. In this final

rule, the Sec. 172.101 Hazardous Materials Table (Sec. 172.101 HMT) was

reformatted to reduce the volume of the regulations and make them

easier to use. A numerical identifier is now shown in the Sec. 172.101

HMT in place of the label name. A ``Label Substitution Table,'' was

added preceding the HMT to identify which label corresponds to a label

code (i.e., numerical identifier) in Column (6). In this final rule

(HM-206), the ``Label Substitution Table,'' in Sec. 172.101(g), is

amended to include the new label name ``Poison Inhalation Hazard'' and

label code ``6.1 (I, Zone A and B, inhalation hazard),'' in its

appropriate sequence.

Section 172.301. A new paragraph (a)(3) is added in this section

requiring an identification number marking on transport vehicles and

freight containers containing large quantities (i.e., not less than

4,000 kilograms (8,820 pounds)) of hazardous materials in non-bulk

packagings having a single identification number. Paragraph (a)(1) is

also revised to more appropriately include the exception from

identification number marking for ORM-D and limited quantity materials,

currently provided in paragraph (f)(1). Accordingly, paragraph (f)(1)

is removed, and paragraph (f)(2), which is obsolete, is removed.

Section 172.302. A new paragraph (g) is added to reference the

fumigation marking requirements in Sec. 173.9.

Section 172.313. Paragraph (a) is revised to include an exception

from the

[[Page 1225]]

``Inhalation Hazard'' marking requirement, provided packages are

already labeled or placarded with the new PIH label or placard.

Paragraph (c) is added to require that transport vehicles or freight

containers containing more than 1,000 kilograms (2,205 pounds)

aggregate gross weight of non-bulk packages containing a material

poisonous by inhalation must be marked with the identification number

of that material. This is an increase in the quantity threshold (i.e.,

2,205 pounds) for the identification number marking display for a PIH

shipment in non-bulk packagings from the proposed 400 kilograms (882

pounds).

Section 172.328. Paragraph (a)(3) is added to clarify that an

identification number marking must be displayed on a transport vehicle

or freight container containing a hazardous material in a cargo tank,

if the identification number marking on the cargo tank is not visible

during transportation.

Section 172.331. Paragraph (c) is added to clarify that an

identification number marking must be displayed on a transport vehicle

or freight container containing a hazardous material in a bulk

packaging (e.g., an IBC) other than a cargo tank, portable tank, tank

car and multi-unit tank car tank, if the identification number marking

on the bulk packaging is not visible during transportation.

Section 172.332. Paragraph (a) is revised to reference new marking

requirements in Secs. 172.301 and 172.313.

Section 172.400. The table of label designations in paragraph (b)

of this section is revised by adding reference to the new POISON

INHALATION HAZARD label (Sec. 172.429) for Division 6.1, PG I, Zone A

and B materials. The entry for the POISON label applying to 6.1, PG I

and II materials is revised to read ``other than inhalation hazard.''

Section 172.416. This section is revised to prescribe the new

POISON GAS label.

Section 172.429. This section is added to prescribe the new POISON

INHALATION HAZARD label.

Section 172.502. Paragraph (a)(2) is revised to specifically

prohibit display of extraneous information, signs, or slogans (e.g.,

DRIVE SAFELY) on placards, placard-type displays, and in placard

holders that by their color, shape, design or content could be mistaken

for a hazard warning placard. A mandatory compliance date of October 1,

2001 is provided for removal of extraneous information from placards,

placard-type displays, and in placard holders.

Section 172.504. Paragraph (b) is revised by lowering from 2,268

kilograms (5,000 pounds) to 1,000 kilograms (2,205 pounds) aggregate

gross weight, the amount of one category of material contained on a

transport vehicle, freight container or rail car for which specific

placarding is required, limiting use of the DANGEROUS placard. In

paragraph (e), Table 1 placard assignments are revised to add the new

POISON INHALATION HAZARD placard (Sec. 172.555) for Division 6.1, PG I,

Zone A and B materials and to include the entry ``5.2 (Organic

peroxide, Type B, liquid or solid, temperature controlled)'' in the

first column, the placard name ``ORGANIC PEROXIDE'' in the second

column, and ``Sec. 172.552'' in the third column. In Table 2, the entry

``5.2'' is replaced by the entry ``5.2 (Other than Organic peroxides,

Type B, liquid or solid, temperature controlled)'' in the first column.

In paragraph (f), an exception is provided from displaying a POISON

placard in those instances when a POISON INHALATION HAZARD placard or

POISON GAS placard is required.

Section 172.505. Paragraph (a) is revised to replace the word

``POISON'' with the words ``POISON INHALATION HAZARD'' to correctly

reference the new placard in the new Sec. 172.555 for Division 6.1, PG

I, Zone A and B materials.

Section 172.510. Since the provisions applying to the

specifications and use of the RESIDUE placard have been removed (HM-

216), the change proposed in Sec. 172.510 (HM-206), regarding reference

to the POISON-RESIDUE and POISON INHALATION HAZARD- RESIDUE placards,

is no longer necessary. In this final rule, paragraph (b) is removed,

as requirements for fumigated transport vehicles are relocated to

Secs. 172.302(g) and 173.9, and paragraph (c) is redesignated as

paragraph (b), and the words ``POISON GAS or POISON'' are replaced with

the words ``POISON GAS or POISON INHALATION HAZARD.''

Section 172.540. This section is revised to prescribe the new

POISON GAS placard.

Section 172.555. Section 172.555 is added to prescribe the new

POISON INHALATION HAZARD placard.

Section 172.602. RSPA proposed to revise paragraph (c) of this

section to clarify that emergency response information must be

``readily available to authorities''; however RSPA is not adopting the

proposed language in paragraph (c) because the basic elements of the

proposed change are adequately covered by the requirements in

Sec. 172.600(c). Paragraph (c)(1) of this section is revised to include

reference to the new Sec. 172.606, relative to carrier information

contact.

Section 172.606. This section is added to require each carrier who

transports a hazardous material to instruct the operator of a motor

vehicle, train, aircraft, or vessel to contact the carrier in the event

of an incident involving a hazardous material in transportation. This

section prescribes information requirements for a motor vehicle (e.g.

trailer or semi-trailer) separated from its motive power and parked at

other than a consignee's, consignor's or carrier's facility.

Section 173.9. The FUMIGANT marking requirements are revised and

expanded by (1) making them applicable to every material used to

fumigate the contents of a transport vehicle or freight container; (2)

expanding their application to all modes of transportation; (3)

specifying that a fumigated transport vehicle or freight container is a

``package'' for application of the fumigation requirements; (4)

adopting the international fumigant marking format; and (5) specifying

that a shipping paper accompanying an international shipment must

contain hazard warning information concerning the fumigant. In this

final rule, the proposed paragraph (g) is redesignated as paragraph

(h), and a new paragraph (g) is added to specify that persons subject

to the requirements of this section must be informed of the

requirements of this section.

Section 173.29. For clarity, the introductory text of paragraph

(b)(1) is revised to add the phrase ``any other markings indicating the

material is hazardous (e.g., RQ, INHALATION HAZARD).''

Section 174.26. Paragraph (a) is revised to specify that a train

consist must be ``updated'' to reflect the current position in the

train of each rail car containing a hazardous material. The text is

modified to allow the use of appended or attached documents to reflect

train placement. For ease of understanding, the complete text in this

section is republished as contained in the final rule in Docket HM-216.

Section 174.680. An editorial correction is made in this section to

add a reference to the new POISON INHALATION HAZARD label to prohibit

carrying poisonous materials in the same rail car with foodstuffs.

Section 175.630. This section is revised to add reference to the

new POISON INHALATION HAZARD label to prohibit carrying poisonous

materials in the same compartment of an aircraft with foodstuffs, and

to delete obsolete references to ``etiologic'' substances.

[[Page 1226]]

Section 176.600. An editorial correction is made in this section to

add a reference to the new POISON INHALATION HAZARD label to prohibit

carrying poisonous materials in the same vessel stowage area with

foodstuffs.

Section 177.841. This section is revised for consistency with the

changes in the final rule under Docket HM-222B [61 FR 27166; May 30,

1996], which revised requirements to prohibit carrying poisonous

materials in the same motor vehicle with foodstuffs, and an editorial

correction is made to add a reference to the new POISON INHALATION

HAZARD label.

V. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is considered a non-significant regulatory action

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

reviewed by the Office of Management and Budget. This rulemaking

proceeding was originally considered significant because it was

required by Sec. 25 of the Hazardous Materials Transportation Uniform

Safety Act of 1990 (HMTUSA), and included consideration of methods for

establishing and operating a central reporting system and computerized

telecommunications data center covering all shipments of hazardous

materials by any mode of transportation, as well as improving the

system for placarding vehicles transporting hazardous materials.

However, this final rule makes relatively minor, incremental changes in

the regulations concerning placarding and other means of communicating

the hazards of materials in transportation. RSPA ended its

consideration of the central reporting system and computerized data

center, based on the adverse recommendation of the National Academy of

Sciences (NAS) study (also required by Sec. 25), the lack of support

from the regulated community, and the estimated high costs of

establishing such a system.

The original regulatory evaluation was reexamined and modified. The

economic impact of this rule will result in only minimal costs to

certain persons subject to the HMR. A significantly revised regulatory

evaluation reflecting the reduced economic impact of this final rule is

available for review in the docket.

B. Executive Order 12612

This final rule has been analyzed in accordance with the principles

and criteria contained in Executive Order 12612 (``Federalism''). The

Federal law expressly preempts State, local, and Indian tribe

requirements applicable to the transportation of hazardous material

that cover certain subjects and are not substantively the same as

Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:

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

material;

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

placarding of hazardous material;

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

pertaining to hazardous material, and requirements respecting the

number, content, and placement of such documents;

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

unintentional release in transportation of hazardous material; or

(5) 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.

This final rule preempts State, local, or Indian tribe requirements

concerning these subjects unless the non-Federal requirements are

``substantively the same'' (see 49 CFR 107.202(d)) as the Federal

requirements.

Federal law 49 U.S.C. 5125(b)(2) provides that if DOT issues a

regulation concerning any of the covered subjects, 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 that the

effective date of Federal preemption for these requirements will be

October 1, 1997. Thus, RSPA lacks discretion in this area, and

preparation of a federalism assessment is not warranted.

C. Regulatory Flexibility Act

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

impact on a substantial number of small entities. Although this final

rule applies to all shippers and carriers of hazardous materials, some

of whom are small entities, the requirements contained herein would not

result in significant economic impacts.

D. Paperwork Reduction Act

The information collection requirements in 49 CFR Parts 172 through

177 pertaining to shipping papers have been approved under OMB approval

number 2137-0035. The requirements in Sec. 173.9 that a shipping paper

contain hazard warning information concerning the fumigant for an

international shipment insignificantly increases the amount of burden

imposed by this collection. This information is a current requirement

for international shipments by vessel. RSPA believes that this change

in burden is not sufficient to warrant revision of the currently

approved information collection. Under the Paperwork Reduction Act of

1995, no person is required to respond to a collection of information

unless it displays a valid OMB control number.

E. 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 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Incorporation by reference, Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation, Hazardous waste, Labeling,

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.

[[Page 1227]]

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

follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

follows:

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

Sec. 171.8 [Amended]

2. In Sec. 171.8, the definition for ``Fumigated lading'' is added

in alphabetical order to read as follows:

Sec. 171.8 Definitions and abbreviations.

* * * * *

Fumigated lading. See Secs. 172.302(g) and 173.9.

* * * * *

Sec. 171.11 [Amended]

3. In Sec. 171.11, in paragraph (d)(9)(iii), the words ``with

`POISON' '' are replaced with the words ``with `POISON INHALATION

HAZARD' ''.

Sec. 171.12 [Amended]

4. In Sec. 171.12, in paragraph (b)(8)(iii), the words ``with

`POISON' '' are replaced with the words ``with `POISON INHALATION

HAZARD' ''.

Sec. 171.12a [Amended]

5. In Sec. 171.12a, in paragraph (b)(5)(iii), the words ``with

`POISON' '' are replaced with the words ``with `POISON INHALATION

HAZARD' ''.

6. In Sec. 171.14, paragraph (b) is revised to read as follows:

Sec. 171.14 Transitional provisions for implementing requirements

based on the UN Recommendations.

* * * * *

(b) Transitional placarding provisions. (1) Until October 1, 2001,

placards which conform to specifications for placards in effect on

September 30, 1991 or placards specified in the December 21, 1990 final

rule may be used, for highway transportation only, in place of the

placards specified in subpart F of part 172 of this subchapter, in

accordance with the following table:

Placard Substitution Table

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

Current placard Old (Sept. 30, 1991)

Hazard class or division No. name placard name

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

Division 1.1................. Explosives 1.1. Explosives A.

Division 1.2................. Explosives 1.2. Explosives A.

Division 1.3................. Explosives 1.3. Explosives B.

Division 1.4................. Explosives 1.4. Dangerous.

Division 1.5................. Explosives 1.5. Blasting agents.

Division 1.6................. Explosives 1.6. Dangerous.

Division 2.1................. Flammable gas.. Flammable gas.

Division 2.2................. Nonflammable Nonflammable gas.

gas.

Division 2.3................. Poison gas..... Poison gas.

Class 3...................... Flammable...... Flammable.

Combustible liquid........... Combustible.... Combustible.

Division 4.1................. Flammable solid Flammable solid.

Division 4.2................. Spontaneously Flammable solid.

combustible.

Division 4.3................. Dangerous when Flammable solid W.

wet.

Division 5.1................. Oxidizer....... Oxidizer.

Division 5.2................. Organic Organiic peroxide.

peroxide.

Division 6.1, PG I (Zone A Poison Poison.

and B, inhalation hazard). inhalation

hazard.

Division 6.1, PG I and II Poison......... Poison

(other than Zone A and B).

Division 6.1, PG III......... Keep away from (not applicable).

food.

Class 7...................... Radioactive.... Radioactive.

Class 8...................... Corrosive...... Corrosive.

Class 9...................... Class 9........ (none required).

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

(2) For materials poisonous by inhalation, for highway and rail

transportation only, placards specified in the January 8, 1997, final

rule may be used, in accordance with the Placard Substitution Table in

paragraph (b)(1) of this section.

* * * * *

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

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

7. The authority citation for Part 172 continues to read as

follows:

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

8. In Sec. 172.101, in the Table in paragraph (g), the entries for

label code 6.1 (I) \2\ and 6.1 (II) \2\ are removed and the following

entries are added in their place:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

(g) * * *

Label Substitution Table

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

Label code Label name

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

* * * * *

6.1 (I, Zone A and B inhalation hazard) Poison Inhalation Hazard.

\2\.

6.1 (I, other than Zone A and B) \2\...... Poison.

6.1 (II, other than Zone A and B) \2\..... Poison.

* * * * *

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

* * * * *

9. In Sec. 172.301, paragraph (a)(1) is revised, paragraphs (f)(1)

and (f)(2) are removed, and a new paragraph (a)(3) is added to read as

follows:

Sec. 172.301 General marking requirements for non-bulk packagings.

(a) * * *

(1) Except as otherwise provided by this subchapter, each person

who offers for transportation a hazardous material

[[Page 1228]]

in a non-bulk packaging shall mark the package with the proper shipping

name and identification number (preceded by ``UN'' or ``NA'', as

appropriate) for the material as shown in the Sec. 172.101 Table.

Identification numbers are not required on packages which contain only

limited quantities, as defined in Sec. 171.8 of this subchapter, or

ORM-D materials.

* * * * *

(3) Large quantities of hazardous materials in non-bulk packages. A

transport vehicle or freight container containing 4,000 kg (8,820

pounds) or more aggregate gross weight of a hazardous material having a

single identification number must be marked with the identification

number designated for the hazardous material in Sec. 172.101 as

specified in Sec. 172.332 or Sec. 172.336. This provision does not

apply to ORM-D materials or limited quantities of hazardous materials.

* * * * *

10. In Sec. 172.302, paragraph (g) is added to read as follows:

Sec. 172.302 General marking requirements for bulk packagings.

* * * * *

(g) A rail car, freight container, truck body or trailer in which

the lading has been fumigated with any hazardous material, or is

undergoing fumigation, must be marked as specified in Sec. 173.9 of

this subchapter.

11. In Sec. 172.313, paragraph (a) is revised and paragraph (c) is

added to read as follows:

Sec. 172.313 Poisonous hazardous materials.

(a) For materials poisonous by inhalation (see Sec. 171.8 of this

subchapter), the package shall be marked ``Inhalation Hazard'' in

association with the required labels or placards, as appropriate, or

shipping name when required. The ``Inhalation Hazard'' marking is not

required provided the package is already labeled as prescribed in

Sec. 172.429, or placarded as prescribed in Sec. 172.555. (See

Sec. 172.302(b) of this subpart for size of markings on bulk packages.)

Bulk packages must be marked on two opposing sides.

* * * * *

(c) A transport vehicle or freight container loaded with more than

1,000 kg (2,205 pounds) aggregate gross weight of packages containing a

material poisonous by inhalation shall be marked as required by

Sec. 172.332 with the identification number specified for the material,

in the Sec. 172.101 Table, on each side and each end of the transport

vehicle or freight container.

12. In Sec. 172.328, paragraph (a)(3) is added to read as follows:

Sec. 172.328 Cargo tanks.

(a) * * *

(3) For a cargo tank transported on or in a transport vehicle or

freight container, if the identification number marking on the cargo

tank required by Sec. 172.302(a) is not visible, the transport vehicle

or freight container must be marked as required by Sec. 172.332 on each

side and each end with the identification number specified for the

material in the Sec. 172.101 Table.

* * * * *

13. In Sec. 172.331, paragraph (c) is added to read as follows:

Sec. 172.331 Bulk packagings other than portable tanks, cargo tanks,

tank cars and multi-unit tank car tanks.

* * * * *

(c) For a bulk packaging contained in or on a transport vehicle or

freight container, if the identification number marking on the bulk

packaging (e.g., an IBC) required by Sec. 172.302(a) is not visible,

the transport vehicle or freight container must be marked as required

by Sec. 172.332 on each side and each end with the identification

number specified for the material in the Sec. 172.101 Table.

14. In Sec. 172.332, paragraph (a) is revised to read as follows:

Sec. 172.332 Identification number markings.

(a) General. When required by Secs. 172.301, 172.302, 172.313,

172.326, 172.328, 172.330, or 172.331 of this subpart, identification

numbers must be displayed on orange panels or placards as specified in

this section or, when appropriate, on plain white square-on-point

configurations as prescribed in Sec. 172.336(b).

* * * * *

15. In Sec. 172.400, the table of label designations in paragraph

(b) is revised to read as follows:

Sec. 172.400 General labeling requirements.

* * * * *

(b) * * *

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

Label

design or

Hazard class or division Label name section

reference

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

1.1.............................. EXPLOSIVES 1.1.......... 172.411

1.2.............................. EXPLOSIVES 1.2.......... 172.411

1.3.............................. EXPLOSIVES 1.3.......... 172.411

1.4.............................. EXPLOSIVES 1.4.......... 172.411

1.5.............................. EXPLOSIVES 1.5.......... 172.411

1.6.............................. EXPLOSIVES 1.6.......... 172.411

2.1.............................. FLAMMABLE GAS........... 172.417

2.2.............................. NONFLAMMABLE GAS........ 172.415

2.3.............................. POISON GAS.............. 172.416

3 (flammable liquid) Combustible FLAMMABLE LIQUID (none). 172.419

liquid.

4.1.............................. FLAMMABLE SOLID......... 172.420

4.2.............................. SPONTANEOUSLY 172.422

COMBUSTIBLE.

4.3.............................. DANGEROUS WHEN WET...... 172.423

5.1.............................. OXIDIZER................ 172.426

5.2.............................. ORGANIC PEROXIDE........ 172.427

6.1 (Packing Group I, Zone A and POISON INHALATION HAZARD 172.429

B).

6.1 (Packing Groups I and II, POISON.................. 172.430

other than inhalation hazard).

6.1 (Packing Group III).......... KEEP AWAY FROM FOOD..... 172.431

6.2.............................. INFECTIOUS SUBSTANCE \1\ 172.432

7 (see Sec. 172.403)............ RADIOACTIVE WHITE-I..... 172.436

7................................ RADIOACTIVE YELLOW-II... 172.438

7................................ RADIOACTIVE YELLOW-III.. 172.440

7 (empty packages, see Sec. EMPTY................... 172.450

173.427).

8................................ CORROSIVE............... 172.442

[[Page 1229]]

9................................ CLASS 9................. 172.446

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

\1\ The ETIOLOGIC AGENT label specified in regulations of the Department

of Health and Human Services at 42 CFR 72.3 may apply to packages of

infectious substances.

16. Section 172.416 is revised to read as follows:

Sec. 172.416 POISON GAS label.

(a) Except for size and color, the POISON GAS label must be as

follows:

BILLING CODE 4910-60-P

[GRAPHIC] [TIFF OMITTED] TR08JA97.000

(b) In addition to complying with Sec. 172.407, the background on

the POISON GAS label and the symbol must be white. The background of

the upper diamond must be black and the lower point of the upper

diamond must be 14 mm (0.54 inches) above the horizontal center line.

17. Section 172.429 is added to read as follows:

Sec. 172.429 POISON INHALATION HAZARD label.

(a) Except for size and color, the POISON INHALATION HAZARD label

must be as follows:

[[Page 1230]]

[GRAPHIC] [TIFF OMITTED] TR08JA97.001

BILLING CODE 4910-60-C

(b) In addition to complying with Sec. 172.407, the background on

the POISON INHALATION HAZARD label and the symbol must be white. The

background of the upper diamond must be black and the lower point of

the upper diamond must be 14 mm (0.54 inches) above the horizontal

center line.

18. In Sec. 172.502, paragraph (a)(2) is revised and paragraph

(b)(3) is added to read as follows:

Sec. 172.502 Prohibited and permissive placarding.

(a) * * *

(2) Any sign, advertisement, slogan (such as ``Drive Safely''), or

device that, by its color, design, shape or content, could be confused

with any placard prescribed in this subpart.

(b) * * *

(3) The restrictions in paragraph (a)(2) of this section do not

apply until October 1, 2001 to a safety sign or safety slogan (e.g.,

``Drive Safely'' or ``Drive Carefully''), which was permanently marked,

on or before October 1, 1996, on a transport vehicle, bulk packaging,

or freight container.

* * * * *

19. In Sec. 172.504, paragraph (f)(11) is added, and paragraphs (b)

and (e) are revised to read as follows:

Sec. 172.504 General placarding requirements.

* * * * *

(b) DANGEROUS placard. A freight container, unit load device,

transport vehicle, or rail car which contains non-bulk packages with

two or more categories of hazardous materials that require different

placards specified in Table 2 of paragraph (e) of this section may be

placarded with a DANGEROUS placard instead of the separate placarding

specified for each of the materials in Table 2 of paragraph (e) of this

section. However, when 1,000 kg (2,205 pounds) aggregate gross weight

or more of one category of material is loaded therein at one loading

facility on a freight container, unit load device, transport vehicle,

or rail car, the placard specified in Table 2 of paragraph (e) of this

section for that category must be applied.

* * * * *

(e) Placarding tables. Placards are specified for hazardous

materials in accordance with the following tables:

Table 1

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

Placard

Category of material (Hazard design

class or division number and Placard name section

additional description, as reference

appropriate) (Sec. )

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

1.1.............................. EXPLOSIVES 1.1.......... 172.522

1.2.............................. EXPLOSIVES 1.2.......... 172.522

1.3.............................. EXPLOSIVES 1.3.......... 172.522

2.3.............................. POISON GAS.............. 172.540

4.3.............................. DANGEROUS WHEN WET...... 172.548

5.2 (Organic peroxide, Type B, ORGANIC PEROXIDE........ 172.552

liquid or solid, temperature

controlled).

6.1 (PG I, inhalation hazard, POISON INHALATION HAZARD 172.555

Zone A and B).

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

[[Page 1231]]

Table 1--Continued

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

Placard

Category of material (Hazard design

class or division number and Placard name section

additional description, as reference

appropriate) (Sec. )

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

7 (Radioactive Yellow III label RADIOACTIVE \1\......... 172.556

only).

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

\1\ RADIOACTIVE placard also required for exclusive use shipments of low

specific activity material in accordance with Sec. 173.425 (b) or (c)

of this subchapter.

Table 2

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

Placard

Category of material (Hazard design

class or division number and Placard name section

additional description, as reference

appropriate) (Sec. )

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

1.4.............................. EXPLOSIVES 1.4.......... 172.523

1.5.............................. EXPLOSIVES 1.5.......... 172.524

1.6.............................. EXPLOSIVES 1.6.......... 172.525

2.1.............................. FLAMMABLE GAS........... 172.532

2.2.............................. NON-FLAMMABLE GAS....... 172.528

3................................ FLAMMABLE............... 172.542

Combustible liquid............... COMBUSTIBLE............. 172.544

4.1.............................. FLAMMABLE SOLID......... 172.546

4.2.............................. SPONTANEOUSLY 172.547

COMBUSTIBLE.

5.1.............................. OXIDIZER................ 172.550

5.2 (Other than organic peroxide, ORGANIC PEROXIDE........ 172.552

Type B, liquid or solid,

temperature controlled).

6.1 (PG I or II, other than PG I POISON.................. 172.554

inhalation hazard).

6.1 (PG III)..................... KEEP AWAY FROM FOOD..... 172.553

6.2.............................. (None).................. ...........

8................................ CORROSIVE............... 172.558

9................................ CLASS 9................. 172.560

ORM-D............................ (None).................. ...........

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

(f) * * *

(11) For domestic transportation, a POISON placard is not required

on a transport vehicle or freight container required to display a

POISON INHALATION HAZARD or POISON GAS placard.

* * * * *

20. In Sec. 172.505, paragraph (a) is revised to read as follows:

Sec. 172.505 Placarding for subsidiary hazards.

(a) Each transport vehicle, freight container, portable tank, unit

load device, or rail car that contains a poisonous material subject to

the ``Poison Inhalation Hazard'' shipping description of

Sec. 172.203(m)(3) must be placarded with a POISON INHALATION HAZARD or

POISON GAS placard, as appropriate, on each side and each end, in

addition to any other placard required for that material in

Sec. 172.504. Duplication of the POISON INHALATION HAZARD or POISON GAS

placard is not required.

* * * * *

Sec. 172.510 [Amended]

21. In Sec. 172.510, the following changes are made:

a. Paragraph (b) is removed.

b. Paragraph (c) is redesignated as paragraph (b), and the phrase

``POISON GAS or POISON'' is replaced with the phrase ``POISON GAS or

POISON INHALATION HAZARD.''

22. Section 172.540 is revised to read as follows:

Sec. 172.540 POISON GAS placard.

(a) Except for size and color, the POISON GAS placard must be as

follows:

BILLING CODE 4910-60-P

[[Page 1232]]

[GRAPHIC] [TIFF OMITTED] TR08JA97.002

[[Page 1233]]

(b) In addition to complying with Sec. 172.519, the background on

the POISON GAS placard and the symbol must be white. The background of

the upper diamond must be black and the lower point of the upper

diamond must be 38 mm (1\1/2\ inches) above the horizontal center line.

The text, class number, and inner border must be black.

23. Section 172.555 is added to read as follows:

Sec. 172.555 POISON INHALATION HAZARD placard.

(a) Except for size and color, the POISON INHALATION HAZARD placard

must be as follows:

[GRAPHIC] [TIFF OMITTED] TR08JA97.003

BILLING CODE 4910-60-C

[[Page 1234]]

(b) In addition to complying with Sec. 172.519, the background on

the POISON INHALATION HAZARD placard and the symbol must be white. The

background of the upper diamond must be black and the lower point of

the upper diamond must be 38 mm (1\1/2\ inches) above the horizontal

center line. The text, class number, and inner border must be black.

24. In Sec. 172.602, paragraph (c)(1) is revised to read as

follows:

Sec. 172.602 Emergency response information.

* * * * *

(c) * * *

(1) Carriers. Each carrier who transports a hazardous material

shall maintain the information specified in paragraph (a) of this

section and Sec. 172.606 of this part in the same manner as prescribed

for shipping papers, except that the information must be maintained in

the same manner aboard aircraft as the notification of pilot-in-

command, and aboard vessels in the same manner as the dangerous cargo

manifest. This information must be immediately accessible to train crew

personnel, drivers of motor vehicles, flight crew members, and bridge

personnel on vessels for use in the event of incidents involving

hazardous materials.

* * * * *

25. Section 172.606 is added to read as follows:

Sec. 172.606 Carrier information contact.

Each carrier who transports or accepts for transportation a

hazardous material for which a shipping paper is required--

(a) Shall instruct the operator of a motor vehicle, train,

aircraft, or vessel to contact the carrier (e.g., by telephone or

mobile radio) in the event of an incident involving the hazardous

material.

(b) For transportation by highway, if a transport vehicle, (e.g., a

semi-trailer or freight container-on-chassis) contains hazardous

material for which a shipping paper is required and the vehicle is

separated from its motive power and parked at a location other than a

consignee's, consignor's, or carrier's facility, the carrier shall--

(1) Comply with the emergency response information requirements for

facility operators specified in Sec. 172.602(c)(2);

(2) Mark the transport vehicle with the telephone number of the

motor carrier on the front of the transport vehicle near the brake hose

and electrical connections; or

(3) Have the shipping paper and emergency response information

readily available on the transport vehicle.

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

PACKAGINGS

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

follows:

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

27. Section 173.9 is revised to read as follows:

Sec. 173.9 Transport vehicles or freight containers containing lading

which has been fumigated.

(a) For the purpose of this section, not including 49 CFR part 387,

a rail car, freight container, truck body, or trailer in which the

lading has been fumigated with any material, or is undergoing

fumigation, is a package containing a hazardous material, unless the

transport vehicle or freight container has been sufficiently aerated so

that it does not pose an unreasonable risk to health and safety.

(b) No person may offer for transportation or transport a rail car,

freight container, truck body, or trailer in which the lading has been

fumigated or treated with any material, or is undergoing fumigation,

unless the FUMIGANT marking specified in paragraph (c) of this section

is prominently displayed so that it can be seen by any person

attempting to enter the interior of the transport vehicle or freight

container. For domestic transportation, a hazard warning label

authorized by EPA under 40 CFR part 156 may be used as an alternative

to the FUMIGANT marking.

(c) FUMIGANT marking. (1) The FUMIGANT marking must consist of red

letters on a white background that is at least 30 cm (11.8 inches) wide

and at least 25 cm (9.8 inches) high. Except for size and color, the

FUMIGANT marking must be as follows:

BILLING CODE 4910-60-P

[[Page 1235]]

[GRAPHIC] [TIFF OMITTED] TR08JA97.004

BILLING CODE 4910-60-C

[[Page 1236]]

(2) The ``*'' shall be replaced with the technical name of the

fumigant.

(d) No person may affix or display on a rail car, freight

container, truck body, or trailer (a package) the FUMIGANT marking

specified in paragraph (c) of this section, unless the lading has been

fumigated or is undergoing fumigation.

(e) The FUMIGANT marking required by paragraph (b) of this section

must remain on the rail car, freight container, truck body, or trailer

until:

(1) The fumigated lading is unloaded; and

(2) The transport vehicle or freight container has undergone

sufficient aeration to assure that it does not pose an unreasonable

risk to health and safety.

(f) For international shipments, transport documents must indicate

the date of fumigation, type and amount of fumigant used, and

instructions for disposal of any residual fumigant, including

fumigation devices.

(g) Any person subject to the requirements of this section, solely

due to the fumigated lading, must be informed of the requirements of

this section and the safety precautions necessary to protect themselves

and others in the event of an incident or accident involving the

fumigated lading.

(h) Any person who offers for transportation or transports a rail

car, freight container, truck body or trailer that is subject to this

subchapter solely because of the hazardous materials designation

specified in paragraph (a) of this section is not subject to any other

requirements of this subchapter.

28. In Sec. 173.29, paragraph (b)(1) is revised to read as follows:

Sec. 173.29 Empty packagings.

* * * * *

(b) * * *

(1) Any hazardous material shipping name and identification number

markings, any hazard warning labels or placards, and any other markings

indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD)

are removed, obliterated, or securely covered in transportation. This

provision does not apply to transportation in a transport vehicle or a

freight container if the packaging is not visible in transportation and

the packaging is loaded by the shipper and unloaded by the shipper or

consignee;

* * * * *

PART 174--CARRIAGE BY RAIL

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

follows:

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

30. Section 174.26 is revised to read as follows:

Sec. 174.26 Notice to train crews of placarded cars.

(a) The train crew must have a document that reflects the current

position in the train of each rail car containing a hazardous material.

The train crew must update the document to indicate changes in the

placement of a rail car within the train. For example, the train crew

may update the document by handwriting on it or by appending or

attaching another document to it.

(b) A member of the crew of a train transporting a hazardous

material must have a copy of a document for the hazardous material

being transported showing the information required by part 172 of this

subchapter.

31. In Sec. 174.680, paragraph (a) is revised to read as follows:

Sec. 174.680 Division 6.1 (poisonous) materials with foodstuffs.

(a) A carrier may not transport any package bearing a POISON or

POISON INHALATION HAZARD label in the same car with any material marked

as or known to be a foodstuff, feed, or any other edible material

intended for consumption by humans or animals.

* * * * *

PART 175--CARRIAGE BY AIRCRAFT

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

follows:

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

33. Section 175.630 is revised to read as follows:

Sec. 175.630 Special requirements for Division 6.1 (poisonous)

material and Division 6.2 (infectious substance) material.

(a) A hazardous material bearing a POISON, POISON INHALATION

HAZARD, KEEP AWAY FROM FOOD, or INFECTIOUS SUBSTANCE label may not be

carried in the same compartment of an aircraft with material which is

marked as or known to be a foodstuff, feed, or any other edible

material intended for consumption by humans or animals unless either

the Division 6.1 (poisonous) material or material in Division 6.2

(infectious substance) and the foodstuff, feed, or other edible

material are loaded in separate unit load devices which, when stowed on

the aircraft, are not adjacent to each other, or the Division 6.1

(poisonous) material or material in Division 6.2 (infectious substance)

are loaded in one closed unit load device and the foodstuff, feed or

other material is loaded in another closed unit load device.

(b) No person may operate an aircraft that has been used to

transport any package bearing a POISON or POISON INHALATION HAZARD

label unless, upon removal of such package, the area in the aircraft in

which it was carried is visually inspected for evidence of leakage,

spillage, or other contamination. All contamination discovered must be

either isolated or removed from the aircraft. The operation of an

aircraft contaminated with such Division 6.1 (poisonous) materials is

considered to be the carriage of poisonous materials under paragraph

(a) of this section.

PART 176--CARRIAGE BY VESSEL

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

follows:

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

35. In Sec. 176.600, paragraph (a) is revised to read as follows:

Sec. 176.600 General stowage requirement.

(a) Each package required to have a POISON GAS, POISON INHALATION

HAZARD, or POISON label thereon being transported on a vessel must be

stowed clear of living quarters and any ventilation ducts serving

living quarters and separate from foodstuffs.

* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

follows:

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

37. In Sec. 177.841, paragraph (e) introductory text is republished

and paragraphs (e)(1) and (e)(2) are revised to read as follows:

Sec. 177.841 Division 6.1 (poisonous) and Division 2.3 (poisonous gas)

materials.

* * * * *

(e) A motor carrier may not transport a package:

(1) Bearing or required to bear a POISON or POISON INHALATION

HAZARD label in the same motor vehicle with material that is marked as

or known to be a foodstuffs, feed or edible material intended for

consumption by humans or animals unless the poisonous material is

packaged in accordance with this subchapter and is:

(i) Overpacked in a metal drum as specified in Sec. 173.25(c) of

this subchapter; or

(ii) Loaded into a closed unit load device and the foodstuffs,

feed, or other

[[Page 1237]]

edible material are loaded into another closed unit load device;

(2) Bearing or required to bear a POISON, POISON GAS or POISON

INHALATION HAZARD label in the driver's compartment (including a

sleeper berth) of a motor vehicle; or

* * * * *

Issued in Washington, DC on December 30, 1996, under authority

delegated in 49 CFR Part 1.

Kelley S. Coyner,

Deputy Administrator, Research and Special Programs Administration.

[FR Doc. 97-189 Filed 1-7-97; 8:45 am]

BILLING CODE 4910-60-P