Transportation of Hazardous Materials; Miscellaneous Amendments

SUMMARY: RSPA proposes to make miscellaneous amendments to the

Hazardous Materials Regulations (HMR) based on petitions for rulemaking

and RSPA initiative. These proposed amendments are intended to update,

clarify or provide relief from certain regulatory requirements.

DATES: Comments must be received by November 24, 1997.

ADDRESSES: Address comments to the Dockets Unit, U.S. Department of

Transportation, Room PL 401, 400 Seventh St., SW., Washington, DC

20590-0001. Comments should identify the docket number, RSPA-97-2905

(HM-166Y) and should be submitted in two copies. Persons wishing to

receive confirmation of receipt of their comments should include a

self-addressed stamped postcard. Comments may also be submitted by E-

mail to [email protected]. The Dockets Office is located on the Plaza

Level of the Nassif Building at the U.S. Department of Transportation

at the above address. Public dockets may be reviewed between the hours

of 10:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous

Materials Standards, Research and Special Programs Administration, U.S.

Department of Transportation, 400 Seventh Street, SW., Washington, DC

20590-0001, telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION:

Background

This notice of proposed rulemaking (NPRM) is designed primarily to

reduce regulatory burdens on industry by incorporating changes into the

HMR based on RSPA's own initiative and petitions for rulemaking

submitted in accordance with 49 CFR 106.31. This NPRM also is

consistent with the goals of the President's Regulatory Reinvention

Initiative. On March 4, 1995, the President directed Federal agencies

to perform an extensive review of all agency regulations and eliminate

or revise those requirements that are outdated or in need of reform. In

a continuing effort to review the HMR for necessary revisions, RSPA is

also proposing to eliminate, revise, clarify and relax certain other

regulatory requirements.

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

changes under this notice of proposed rulemaking.

Section-by-Section Review

Part 171

Section 171.7

The Association of American Railroads (AAR) (P-1315) requested that

RSPA update the incorporation by reference of the AAR manual, ``AAR

Manual of Standards and Recommended Practices, Section C-Part III,

Specifications for Tank Cars, Specification M-1002,'' from the 1992

edition to the 1996 edition. RSPA and the Federal Railroad

Administration have reviewed the reference requirements in the 1996

manual and have determined that there are no substantive changes.

Therefore, RSPA proposes to incorporate the 1996 edition by reference

into the HMR.

Section 171.8

RSPA proposes to add a definition for ``self-defense spray'' to

correspond with the proposed new entry, ``Self-defense sprays, non-

pressurized, containing not more than 2 percent tear gas substances,''

Class 9. (See Sec. 172.101.) RSPA specifically solicits comments on the

use and scope of the word ``animal'' when defining a self-defense spray

as having an irritating or incapacitating effect on a person or animal.

RSPA proposes to revise the definition of ``Marine pollutant'' by

adding a reference to Sec. 171.4, containing the marine pollutant

requirements, to facilitate its location by readers. This proposal

responds to a petitioner (P-1256) who stated that the exceptions

contained in Sec. 171.4 are often overlooked.

Section 171.18

Section 171.18 would be removed and reserved in order to delete an

obsolete section concerning registrations filed with the Bureau of

Explosives.

Section 171.19

RSPA proposes to revise Sec. 171.19 to terminate all remaining

Bureau of Explosives (BOE) approvals, other than those made under

approval provisions in Part 179. Since 1979, approvals, authorizations

and registrations issued by the BOE have continued in effect as if

issued by the Associate Administrator for Hazardous Materials Safety.

Over the years, the regulations on which these BOE approvals were based

have been revised or eliminated. The majority of these BOE approvals

have been converted to approvals issued by the Associate Administrator

for Hazardous Materials Safety (AAHMS). RSPA believes that the

remaining BOE approvals are obsolete and proposes to terminate them.

Any person holding a BOE approval who is affected by this termination

may file a request for issuance of a new approval by the AAHMS.

Part 172

Section 172.101

RSPA proposes to add two new entries to the Hazardous Materials

Table (HMT) and to amend two current entries.

To clarify that both the aerosol and non-aerosol self-defense

sprays are subject to the regulations, RSPA proposes to add two new

entries, ``Self-defense sprays, aerosol containing not more than 2%

tear gas substances, see Aerosols'' and ``Self-defense sprays, non-

pressurized, containing not more than 2 percent tear gas substances''

to the HMT. The Federal Aviation Administration (FAA) has encountered

numerous problems with airline passengers attempting to carry on their

persons self-defense sprays, such as mace and pepper spray, having an

irritating or incapacitating effect. The Federal Aviation Regulations

(14 CFR 107.21 and 108.11) prohibit the possession of ``deadly or

dangerous weapons'' on one's person or in carry-on baggage aboard

aircraft. ``Deadly or dangerous weapons'' include disabling or

incapacitating items such as tear gas, mace, pepper spray and similar

chemicals and gases. The spray from these devices is released from

either an aerosol or a pump. The aerosol type sprays are to be

transported as aerosols. The HMT currently includes the entry, ``Tear

gas devices, with not more than 2 percent tear gas substances, by

mass,'' which references the entry for aerosols. RSPA is aware of

misunderstanding as to how these materials are classed and described

under the HMR. Both definitions for Class 6 and Class 9 address

irritating materials, but do not specify criteria. Also, there is no

specific entry for devices that are not aerosols. In cases where the

substance contained in a device does not meet the criteria of any of

Classes 1 through 8,

[[Page 50223]]

there has been uncertainty as to whether they are subject to the

regulations.

RSPA regards self-defense sprays which do not meet toxicity

criteria for Class 6 as meeting the criterion for Class 9 given in

Sec. 173.140 (i.e., they could cause extreme annoyance or discomfort to

a flight crew member so as to prevent the correct performance of

assigned duties) and is adding an entry in the HMT to regulate them for

transportation by aircraft only.

Consistent with the entry for ``Tear gas devices, with not more

than 2 percent tear gas substances, by mass,'' RSPA proposes to add a

new entry ``Self-defense sprays, aerosol containing not more than 2%

tear gas substances,'' which will refer to aerosols. RSPA also proposes

to add a new entry ``Self-defense sprays, non-pressurized, containing

not more than 2 percent tear gas substances,'' Class 9, which would be

assigned the identification number NA3334. This number corresponds to a

newly created UN entry, UN3334, ``Aviation regulated liquid, n.o.s.''

which RSPA will propose for inclusion in the HMR in a later proposal to

implement changes introduced in the tenth revised edition of the UN

Recommendations. Related changes are proposed to Sec. 171.8 to add a

definition for self-defense sprays and to Sec. 175.10 to clarify that

these items are not allowed to be carried in the passenger compartment

of an aircraft and provide for carriage of a device by a passenger in

checked baggage.

RSPA proposes to amend the entry, ``Detonators, non-electric for

blasting,'' UN0455 in Column (8A), by correcting the erroneous

reference ``none'' for packaging exceptions to read ``63(f), 63(g).''

RSPA proposes to amend the entry ``Trifluoroacetyl chloride'' by

adding Special Provision ``B7'' to Column (7). Multi-unit tank car

tanks, containing ``Trifluoroacetyl chloride,'' are authorized to be

fitted with fusible plugs in accordance with Sec. 179.300-15. A

petitioner (P-1254), stating that it is the primary supplier and

shipper of ``Trifluoroacetyl chloride'' in the United States, requested

that the entry be amended by adding, in Column (7), Special Provision

B7. Special Provision B7 prohibits the use of pressure relief devices

on multi-unit tank car tanks and requires openings for relief devices

to be plugged or blank flanged. The petitioner stated that past

experience has shown that fusible plugs used on cylinders in

``Trifluoroacetyl chloride'' service are more likely to corrode or to

be mishandled when compared to solid steel plugs. In addition, the

petitioner stated that packagings used to contain other similar

poisonous by inhalation hazardous materials do not allow the use of

fusible plugs and that the use of pressure relief devices on cylinders

containing ``Trifluoroacetyl chloride'' is prohibited. RSPA believes

the petitioner's request has merit and proposes to amend the entry

``Trifluoroacetyl chloride,'' in Column (7), by adding ``B7'' to ensure

the safe transportation of this material in multi-unit tank car tanks.

Section 173.32c

RSPA proposes to revise paragraph (j) to allow monolithic solid

materials to be loaded into IM portable tanks to a filling density of

less than 80 percent by volume. Paragraph (j) currently specifies that

an IM portable tank, or compartment thereof, having a volume greater

than 7,500 liters may not be loaded to a filling density less than 80

percent by volume. This provision was intended to cover liquid and

flowable solid hazardous materials in order to minimize the risk of

accidents resulting from the sloshing and shifting of the center of

gravity. A monolithic solid material which conforms to the tank

geometry, such that the sloshing and shifting of the center of gravity

is not possible, can be safely transported in an IM portable tank at a

filling density of less than 80 percent by volume.

Section 173.40

Paragraph (d)(1) would be revised to clarify that a box, used to

provide protection for the cylinder and, unless the cylinder has a

protective collar or neck ring, protection to the valve against

accidental functioning and damage, must be made of wood, fiberboard or

plastic rather than made to a specific UN standard. This proposed

change would be consistent with similar provisions in Sec. 173.301

(g)(2) and (k) that permits a nonspecification box to be used for

protection of the cylinder or valve.

Section 173.56

RSPA proposes to add new paragraphs (b)(1) (i) and (ii) to

authorize a person approved by the Associate Administrator for

Hazardous Materials Safety (AAHMS) to examine and make recommendations

on the classification of explosives. The proposed paragraphs set out

the criteria that a person must meet and demonstrate to qualify for

approval to examine explosives and make recommendations to RSPA

regarding appropriate shipping descriptions, divisions and

compatibility groups. A person applying for this approval and a person

who has obtained such an approval must meet all the criteria in

paragraphs (b) (i) and (ii) and the provisions in Subpart H of Part

107. The person applying for this approval must demonstrate that the

applicant is a resident of the United States; does not manufacture

explosives; is not controlled by, or financially dependent upon, any

entity that manufactures or markets explosives; does not perform any

type of work in the explosives industry other than testing for

determination of hazard class or performance; and is or employs a

person who will sign examination and test reports and make

recommendations for classifications to the AAHMS and who has at least

ten years experience in the examination, testing and evaluation of

explosives. To demonstrate compliance with each of these criteria,

appropriate documentation must be submitted to the AAHMS. RSPA requests

comments on all of the criteria, and in particular, the requirement for

ten years' experience.

RSPA also proposes to revise paragraph (i) by removing wording

including the phrase ``following examination in accordance with

paragraph (h) of this section.'' This proposed change will facilitate

the classification of a material or device without prior examination

when adequate data is available.

Section 173.156

Paragraph (b)(1) grants an exception from the marking requirements

in Sec. 172.316 for ORM-D materials when unitized in cages, carts,

boxes or similar overpacks and when certain other conditions are met.

As Sec. 172.316 primarily addresses the required format to display the

ORM-D marking, a number of inquiries have been directed to RSPA

requesting guidance as to whether the exception in Sec. 173.156(b)(1)

provides relief from the requirement to mark the proper shipping name,

also. RSPA does not require the proper shipping name or other markings

on packages specified in Subpart D of Part 172 to appear on cages,

carts, boxes or similar overpacks containing ORM-D materials that are

offered for transportation or transported according to

Sec. 173.156(b)(1). To remove that ambiguity, RSPA proposes to revise

Sec. 173.156(b)(1) by specifically stating that the marking

requirements of Subpart D of Part 172 do not apply.

Section 173.308

RSPA proposes to revise paragraph (b), which contains an exception

from the requirements of Parts 172 and 177, for transporting up to

1,500 cigarette lighters on one motor vehicle by highway. The revision

would clarify

[[Page 50224]]

that only the hazard communication requirements in Subparts C through G

and the training requirements in Subpart H are excepted with respect to

Part 172. RSPA has received several inquiries as to whether Special

Provision N10 applies if Part 172 is excepted. The provisions set forth

in Special Provision N10 apply. As stated in Sec. 172.102(a)(2), if a

special provision imposes limitations or requirements in addition to

the packaging provisions referenced in Column 8 of the Sec. 172.101

Table (e.g., Sec. 173.308), packagings must conform to the requirements

of the special provision. RSPA also is proposing to require that the

outer packaging be marked with the required proper shipping name in the

Sec. 172.101 Hazardous Materials Table or with the words ``CIGARETTE

LIGHTERS'' and the total number of devices contained in the package.

This marking will more effectively communicate the presence of these

hazardous materials during transport and will provide a carrier with

the information necessary to determine if the exceptions from Part 172

(hazard communication and training requirements) and Part 177

requirements apply.

Section 173.469

In paragraph (a)(4)(i), the value of 1.3 x 10-24 would

be amended to read 1.3 x 10-4 in order to correct a

printing error.

Part 175

Section 175.10

RSPA proposes to amend this section by revising paragraph (a)(4) to

clarify that all types of self-defense sprays are prohibited from being

transported by air in a passenger compartment, either on one's person

or in carry-on baggage. However, one self-defense device, not exceeding

118 ml (4 fluid ounces) per passenger, would be allowed in checked

baggage, provided the device incorporates a positive means to prevent

accidental discharge. Also see earlier preamble discussion to

Secs. 171.8 and 172.101. This revision also would clarify that the

quantity limits in paragraphs (a)(4)(i) and (a)(4)(ii) apply to both

medicinal and toilet articles and to Division 2.2 aerosols for sporting

or home use.

Section 175.25

Paragraph (a) requires that aircraft operators display notices

warning passengers against carrying undeclared hazardous materials

aboard aircraft, in their luggage or on their persons. The notice

wording, in paragraph (a)(1), contains obsolete information on the

statutory citation and the penalties. To reflect codification of the

Federal hazardous material transportation law under 49 U.S.C. 5101-

5127, RSPA proposes to revise the citation ``(49 U.S.C. 1809)'' to read

``(49 U.S.C. 5124)''. In addition, current paragraph (a)(1) states that

each notice must state, `` A violation can result in penalties of up to

$25,000 and five years'' imprisonment (49 U.S.C. 1809).'' In 1990,

Congress amended the Federal hazardous materials transportation law to

increase criminal penalties from $25,000 to penalties provided by Title

18 of the United States Code. Title 18 provides for fines of $250,000

for individuals and $500,000 for companies. RSPA believes that the cost

to change the notices each time the penalty amount is increased is

unnecessarily burdensome for aircraft operators. Therefore, RSPA

proposes to amend the wording required in the notice to state that a

violation can result in five years' imprisonment and penalties of

$250,000 or more (49 U.S.C. 5124). In addition, a new paragraph (a)(4)

would be added to allow aircraft operators to display existing notices

containing the obsolete language until January 1, 2002.

RSPA proposes, also, to lower the quantity limit for medicinal and

toilet articles carried in a passenger's luggage from 75 ounces to 70

ounces, consistent with the exception provided in Sec. 175.10(a)(4)(i).

Section 175.26

This section requires each person who engages in the acceptance or

transport of cargo for transportation by aircraft to display a notice,

to persons offering such cargo, of the applicable requirements for

hazardous materials aboard aircraft. RSPA proposes to amend the wording

required in the notice to state that a violation can result in five

years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).

In addition, a new paragraph (a)(4) would be added to allow each person

who accepts or transports cargo for transportation by aircraft to

display existing notices containing the obsolete language until January

1, 2002.

Part 177

Section 177.834

RSPA proposes to permit an IM portable tank to be unloaded while

remaining on a transport vehicle with the power unit attached if the

tank meets the outlet requirements in Sec. 178.345-11 and the IM

portable tank is attended during the unloading, as currently required

for cargo tank motor vehicles under Sec. 177.834(i). The last sentence

in paragraph (h) would be revised to permit the unloading of an IM

portable tank without being removed from the motor vehicle. A new

paragraph (o) would contain the tank outlet requirement and require

compliance with the attendance requirements in paragraph (i). Section

171.8 defines a portable tank as a ``bulk packaging (except a cylinder

having a water capacity of 1,000 pounds or less) designed primarily to

be loaded onto, or on, or temporarily attached to a transport vehicle

or ship and equipped with skids, mountings, or accessories to

facilitate handling of the tank by mechanical means * * * '' Thus,

portable tanks are not intended to be filled or emptied while attached

to a transport vehicle or a ship during transportation. This is in

contrast with the definition of a cargo tank which states ``* * *

which, by reason of its size, construction or attachment to a motor

vehicle is loaded or unloaded without being removed from the motor

vehicle.'' Because of the size and weight of many fully loaded IM

portable tanks, there are increasing demands to unload these portable

tanks while they remain on the transport vehicle with the power unit

attached. RSPA believes that requiring consignees to have hoisting

equipment at their unloading facilities and requiring a fully loaded

portable tank to be removed from the vehicle is more burdensome and

less safe than allowing the tank to remain on the vehicle during

unloading.

Section 177.848

Based on a Federal Highway Administration initiative, in the

paragraph (f) Compatibility Table for Class 1 (Explosive) Materials,

the entry ``4'' for compatibility groups B and D suggests that all

items in groups B and D may be transported together. Groups B and D are

not compatible. However, a domestic exception (4) is allowed for

Detonators when they are transported in accordance with restrictions in

Sec. 177.835(g). To avoid the possibility of incompatible explosives

being transported together, RSPA proposes to clarify the restriction by

replacing the entry ``4'' with the entry ``X(4)''.

Part 178

Section 178.65

Paragraph (i)(2)(viii)(A) is revised to update the citation ``49

U.S.C. 1809'' to read ``49 U.S.C. 5124.''

Sections 178.352 through 178.364

Several specification packaging requirements for radioactive

materials

[[Page 50225]]

contain obsolete section references. RSPA proposes to update these

section references.

Part 180

Section 180.405

The regulations at Sec. 173.33(b)(1), in effect prior to December

31, 1990, read: ``A cargo tank of the specification listed in Column 1

may be used when authorized in this part, provided the tank

construction began before the date in Column 2.'' This provision

applied to MC 300, 301, 302, 303, 304, 305, 310, 311 and 330 cargo tank

motor vehicles. RSPA proposes to revise paragraph (c)(1) to recognize

that the date marked on these older cargo tanks was the date initial

construction began rather than the date construction was completed.

This proposed wording also is consistent with the wording in paragraph

(b) of this section.

In addition, paragraph (f) would be revised to allow the continued

use of a cargo tank equipped with a self-closing system before

September 1, 1993, but remarked and certified after that date.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory

action under section 3(f) of Executive Order 12866 and, therefore, was

not reviewed by the Office of Management and Budget. This rule is not

significant under the Regulatory Policies and Procedures of the

Department of Transportation (44 FR 11034).

The costs and benefits asociated with this proposed rule are

considered to be so minimal as to not warrant preparation of a

regulatory impact analysis or regulatory evaluation. This determination

may be revised as a result of public comment.

B. Executive Order 12612

This proposed rule has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612

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

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

material;

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

placarding of hazardous material;

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

pertaining to hazardous material and requirements respecting the

number, content, and placement of those documents;

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

unintentional release in transportation of hazardous material; or

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

reconditioning, repairing, or testing of a package or container which

is represented, marked, certified, or sold as qualified for use in the

transportation of hazardous material.

This proposed rule concerns the classification, packaging, marking,

labeling, and handling of hazardous material, among other covered

subjects.

If adopted as final, this rule would preempt any 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 after November 16,

1990, DOT must determine and publish in the Federal Register the

effective date of Federal preemption. That effective date may not be

earlier than the 90th day following the date of issuance of the final

rule and not later than two years after the date of issuance. RSPA

requests comments on what the effective date of Federal preemption

should be for the requirements in this proposed rule that concern

covered subjects.

C. Regulatory Flexibility Act

This proposed rule would amend miscellaneous provisions in the HMR,

generally to clarify those provisions and to relax requirements that

are overly burdensome. The proposed changes in this rule are generally

intended to provide relief to shippers, carriers, and packaging

manufacturers, some of whom are small entities (e.g., governmental

jurisdictions and not-for-profit organizations). The costs and benefits

associated with this proposed rule are considered to be so minimal as

to not warrant preparation of a regulatory impact analysis or

regulatory evaluation. Therefore, I certify that this proposal will

not, if promulgated, have a significant economic impact on a

substantial number of small entities.

D. Paperwork Reduction Act

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. This NPRM does not propose any new information

collection burdens. Information collection requirements addressing the

approval of explosives in Sec. 173.56 are currently approved under OMB

approval number 2137-0557. This approval expires July 31, 1999.

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.

F. Unfunded Mandates Reform Act

This proposed rule does not impose unfunded mandates under the

Unfunded Mandates Reform Act of 1995. It does not result in costs of

$100 million or more to either State, local, or tribal governments, in

the aggregate, or to the private sector, and is the least burdensome

alternative that achieves the objective of the rule.

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, Labels,

Markings, Packaging and containers, Reporting and recordkeeping

requirements.

49 CFR Part 173

Hazardous materials transportation, Packaging and containers,

Radioactive materials, Reporting and recordkeeping requirements,

Uranium.

49 CFR Part 175

Hazardous materials transportation, Air carriers, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 177

Hazardous materials transportation, Motor carriers, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 178

Hazardous materials transportation, Motor vehicle safety, Packaging

and containers, Reporting and recordkeeping requirements.

[[Page 50226]]

49 CFR Part 180

Hazardous materials transportation, Motor carriers, Motor vehicle

safety, Packaging and containers, Reporting and recordkeeping

requirements.

In consideration of the foregoing, 49 CFR chapter I is proposed to

be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS AND DEFINITIONS

1. The authority citation for part 171 would continue to read as

follows:

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

Sec. 171.7 [Amended]

2. In the Sec. 171.7(a)(3) Table, under ``Association of American

Railroads'', for the entry ``AAR Manual of Standards and Recommended

Practices, Section C--Part III, Specifications for Tank Cars,

Specification M-1002'', the date ``September 1992'' would be revised to

read ``January 1996''.

3. In Sec. 171.8, the following definition is added in the

appropriate alphabetical order to read as follows:

Sec. 171.8 Definitions and abbreviations.

* * * * *

Self-defense spray means an aerosol or non-pressurized device

containing a material:

(1) Intended to have an irritating or incapacitating effect on a

person or animal, but not more than 2 percent by mass, of a tear gas

substance; and

(2) Meeting no hazard criteria other than Sec. 173.132(a)(2) or

Sec. 173.140(a) of this subchapter and, for an aerosol, Division 2.1 or

2.2.

* * * * *

Sec. 171.8 [Amended]

4. In addition, in Sec. 171.8, for the definition ``Marine

pollutant'', in the first sentence, the wording ``this subchapter

and,'' would be removed and ``this subchapter (also see Sec. 171.4)

and,'' would be added in its place.

Sec. 171.18 [Removed and Reserved]

5. Section 171.18 would be removed and reserved.

6. Section 171.19 would be revised to read as follows:

Sec. 171.19 Approvals or authorizations issued by the Bureau of

Explosives.

Effective [90 days from the effective date of the Final Rule], all

approvals or authorizations issued by the Bureau of Explosives (BOE),

other than as authorized in part 179 of this subchapter, are no longer

valid.

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

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

7. The authority citation for part 172 would continue to read as

follows:

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

8. In Sec. 172.101, the Hazardous Materials Table would be amended

by adding the following entries, in appropriate alphabetical order, to

read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

Sec. 172.101--Hazardous Materials Table

(8) Packaging (Sec. 173.***) (9) Quantity (10) Vessel stowage

Hazardous --------------------------------------- limitations ------------------------

materials Hazard Identification Special --------------------------

Symbols descriptions and class or numbers PG Label codes provisions Passenger Cargo

proper shipping division Exceptions Non-bulk Bulk aircraft/ aircraft Location Other

names rail only

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

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

* * * * * * *

[ADD]

xl[ADD].........

Self-defense .......... ............... ........... ................ ........... ........... ........... ........... ........... ........... ........... ..........

sprays, .......

aerosol,

containing not

more than 2%

tear gas

substances, see

Aerosols, etc.

+AD........ Self-defense 9 NA3334......... III........ 9............... ........... 155........ 203........ None....... No limit... No limit... ........... ..........

sprays, non- .......

pressurized,

containing not

more than 2%

tear gas

substances.

* * * * * * *

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

Sec. 172.101 [Amended]

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

the following changes would be made:

a. For the entry, ``Detonators, non-electric for blasting.'',

UN0455, in Column (8A), the reference ``none'' would be revised to read

``63(f), 63(g)''.

b. For the entry ``Trifluoroacetyl chloride'', in Column (7),

Special Provision ``B7,'' would be added immediately following ``2,''.

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

PACKAGINGS

10. The authority citation for part 173 would continue to read as

follows:

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

11. In Sec. 173.32c, paragraph (j) would be revised to read as

follows:

Sec. 173.32c Use of Specification IM portable tanks.

* * * * *

(j) An IM portable tank or compartment thereof, having a volume

greater than 7,500 liters, may not be loaded with hazardous material

liquid or nonmonolithic solids to a filling density less than 80

percent by volume.

* * * * *

Sec. 173.40 [Amended]

12. In Sec. 173.40, in paragraph (d)(1), in the first sentence, the

wording ``4C1, 4D, 4F, 4G, 4H1 or 4H2 box'' is removed and ``wood,

fiberboard or plastic box'' is added in its place.

[[Page 50227]]

13. In Sec. 173.56, paragraph (b)(1) would be revised to read as

follows:

Sec. 173.56 New explosives--definition and procedures for

classification and approval.

* * * * *

(b) * * *

(1) Except for explosives made by or under the direction or

supervision of the Departments of Defense or Energy, a new explosive

must:

(i) Be examined and assigned a recommended shipping description,

division and compatibility group, based on the tests and criteria

prescribed in Secs. 173.52, 173.57 and 173.58, by a person who--

(A) Is a resident of the United States;

(B) Has (directly or through an employee) at least ten years of

experience in the examination, testing and evaluation of explosives;

(C) Does not manufacture or market explosives, and is not

controlled by or financially dependent on any entity that manufactures

or markets explosives, and whose work with respect to explosives is

limited to examination, testing and evaluation; and

(D) Is approved by the Associate Administrator for Hazardous

Materials Safety under the provisions of subpart H of part 107 of this

chapter.

(ii) Receive a written approval and EX-number from the Associate

Administrator for Hazardous Materials Safety. A person requesting

approval of a new explosive must submit to the Associate Administrator

for Hazardous Materials Safety a report of examination and assignment

of recommended shipping description, division, and compatibility group

prepared in accordance with paragraph (b)(1)(i) of this section.

* * * * *

Sec. 173.56 [Amended]

14. In addition, in Sec. 173.56, in paragraph (i), the wording ``,

following examination in accordance with paragraph (b) of this section,

revise its'' would be removed and the wording ``make a'' would be added

in its place.

15. In Sec. 173.156, paragraph (b)(1) introductory text would be

revised to read as follows:

Sec. 173.156 Exceptions for ORM materials.

* * * * *

(b) * * *

(1) Strong outer packagings as specified in this part, marking

requirements specified in subpart D of Part 172 of this subchapter, and

the 30 kg (66 pounds) gross weight limitation are not required for

materials classed as ORM-D when--

* * * * *

16. In Sec. 173.308, paragraph (b) would be revised to read as

follows:

Sec. 173.308 Cigarette lighter or other similar device charged with

fuel.

* * * * *

(b) When no more than 1,500 devices covered by this section are

transported in one motor vehicle by highway, the requirements of

subparts C through H of part 172, and part 177 of this subchapter do

not apply. However, each person who offers for transportation or

transports the devices or prepares the devices for shipment must be

informed of the requirements of this section. The outer packaging, as

specified in Special Provision N10 of Sec. 172.102(c)(5) of this

subchapter, must be plainly and durably marked with the required proper

shipping name specified in Sec. 172.101 of this subchapter or the words

``CIGARETTE LIGHTERS'' and the number of devices contained in the

package.

* * * * *

Sec. 173.469 [Amended]

17. In Sec. 173.469(a)(4)(i), in the second sentence, the

mathematical expression ``(1.3 x 10-24'' would be removed

and ``(1.3 x 10-4'' would be added in its place.

PART 175--CARRIAGE BY AIRCRAFT

18. The authority citation for part 175 would continue to read as

follows:

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

19. In Sec. 175.10, paragraph (a)(4) would be revised to read as

follows:

Sec. 175.10 Exceptions.

(a) * * *

(4) When carried by a passenger or crew member for personal use,

the following materials that, in the aggregate, do not exceed 2kg (4.4

pounds) by mass or 2 liters (68 fluid ounces) by volume and where the

capacity of each container does not exceed 0.5kg (1.1 pounds) by mass

or 470 ml (16 fluid ounces) by volume are subject to the following

conditions:

(i) Non-radioactive medicinal and toilet articles (including

aerosols), may be carried in checked or carry-on baggage

(ii) One self-defense spray (see Sec. 171.8 of this subchapter),

not exceeding 118 ml (4 fluid ounces) by volume, that incorporates a

positive means to prevent accidental discharge may be carried in

checked baggage only

(iii) Other aerosols in Division 2.2 with no subsidiary risk may be

carried in checked baggage only.

* * * * *

20. In Sec. 175.25, in paragraph (a)(1), the second and fifth full

paragraphs of the notice would be revised and a new paragraph (a)(4)

would be added to read as follows:

Sec. 175.25 Notification at air passenger facilities of hazardous

materials restrictions.

(a) * * *

(1) * * *

A violation can result in five years' imprisonment and penalties

of $250,000 or more (49 U.S.C. 5124).

* * * * *

There are special exceptions for small quantities (up to 70

ounces total) of medicinal and toilet articles carried in your

luggage and certain smoking materials carried on your person.

* * * * *

(4) Notwithstanding the requirements of paragraph (a)(1) of this

section, a notice with the wording ``A violation can result in

penalties of up to $25,000 and five years imprisonment. (49 U.S.C.

1809)'' may be used until December 31, 2001.

* * * * *

21. In Sec. 175.26, paragraph (a)(2) is revised and a new paragraph

(a)(4) is added to read as follows:

Sec. 175.26 Notification at cargo facilities of hazardous materials

requirements.

(a) * * *

(2) A violation can result in five years' imprisonment and

penalties of $250,000 or more (49 U.S.C. 5124).

* * * * *

(4) Notwithstanding the requirements of paragraph (a)(2) of this

section, a notice with the wording ``A violation can result in

penalties of up to $25,000 and five years imprisonment (49 U.S.C.

1809)'' may be used until December 31, 2001.''

* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

22. The authority citation for part 177 would continue to read as

follows:

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

Sec. 177.834 [Amended]

23. In Sec. 177.834, in paragraph (h), in the next to the last

sentence, the wording ``cargo tank'' would be removed and the wording

``cargo tank or IM portable tank'' would be added in its place and a

new paragraph (o) would be added to read as follows:

Sec. 177.834 General requirements.

* * * * *

(o) Unloading of IM portable tanks. An IM portable tank may be

unloaded

[[Page 50228]]

while remaining on a transport vehicle with the power unit attached if

the tank meets the outlet requirements in Sec. 178.345-11 of this

subchapter and the tank is attended by a qualified person during the

unloading in accordance with the requirements in paragraph (i) of this

section.

Sec. 177.848 [Amended]

24. In Sec. 177.848, in paragraph (f) in the Compatibility Table

for Class 1 (Explosive) Materials, for compatibilty group B, under the

column headed ``D'' and for compatibility group D, under the column

headed ``B'', the entry ``4'' would be removed and ``X(4)''

would be added in both places.

PART 178--SPECIFICATIONS FOR PACKAGINGS

25. The authority citation for part 178 would continue to read as

follows:

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

Sec. 178.352-4 [Amended]

26. In Sec. 178.352-4, at the end of the section, the section

reference ``Sec. 178.103(3)(c)(1)'' would be revised to read

``Sec. 178.352-3(c)(1)''.

Sec. 178.354-2 [Amended]

27. In Sec. 178.354-2, in the first sentence of paragraph (a), the

section reference ``Sec. 178.104-5'' would be revised to read

``Sec. 178.354-5''.

Sec. 178.354-3 [Amended]

28. In Sec. 178.354-3, in paragraph (c) introductory text, the

section reference ``Sec. 178.104-3(a)(1)'' would be revised to read

``paragraph (a)(1) of this section''.

Sec. 178.354-5 [Amended]

29. In Sec. 178.354-5, in paragraph (a), the wording ``Sec. 173.24

of this chapter'' would be revised to read ``Sec. 178.3''.

Sec. 178.356-4 [Amended]

30. In Sec. 178.356-4, in paragraph (a), the wording ``Sec. 173.24

of this subchapter'' would be revised to read ``Sec. 178.3''.

Sec. 178.358-3 [Amended]

31. In Sec. 178.358-3, the following changes would be made:

a. In paragraph (b)(6), the section reference ``Sec. 178.121-5(c)''

would be revised to read ``Sec. 178.358-5(c)''.

b. In paragraph (c), the section reference ``Sec. 178.121-5(b)''

would be revised to read ``Sec. 178.358-5''.

Sec. 178.358-5 [Amended]

32. In Sec. 178.358-5, in paragraph (a), the wording ``Sec. 173.24

of this subchapter'' would be revised to read ``Sec. 178.3''.

Sec. 178.360-2 [Amended]

33. In Sec. 178.360-2, the section reference ``Sec. 178.34-4''

would be revised to read ``Sec. 178.360-4''.

Sec. 178.362-3 [Amended]

34. In Sec. 178.362-3, in paragraph (b), the section reference

``Sec. 178.104-4'' would be revised to read ``178.354-4''.

Sec. 178.364-5 [Amended]

35. In Sec. 178.364-5, in paragraph (a), the wording ``Sec. 173.24

of this subchapter'' would be revised to read ``Sec. 178.3''.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

36. The authority citation for part 180 would continue to read as

follows:

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

37. In Sec. 180.405, paragraph (c)(1) would be revised, paragraph

(f)(7) would be redesignated as paragraph (f)(8) and new paragraph

(f)(7) would be added to read as follows:

Sec. 180.405 Qualification of cargo tanks.

* * * * *

(c) * * *

(1) A cargo tank made to a specification listed in Column 1 of

Table 1 or Table 2 of this paragraph (c)(1) may be used when authorized

in this part, provided--

(i) The cargo tank initial construction began on or before the date

listed in Table 1, Column 2, as follows:

Table 1

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

Column 1 Column 2

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

MC 300................................. Sept. 2, 1967.

MC 301................................. June 12, 1961.

MC 302, MC 303, MC 304, MC 305, MC 310, Sept. 2, 1967.

MC 311.

MC 330................................. May 15, 1967.

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

(ii) The cargo tank was marked or certified before the date listed

in Table 2, Column 2, as follows:

Table 2

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

Column 1 Column 2

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

MC 306, MC 307, MC 312................. Sept. 1, 1995.

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

* * * * *

(f) * * *

(7) A cargo tank remarked and certified in conformance with this

paragraph (f) is excepted from the provisions of paragraph (c) of this

section.

* * * * *

Issued in Washington, DC on September 16, 1997, under authority

delegated in 49 CFR part 106.

Alan I. Roberts,

Associate Administrator for Hazardous Materials Safety.

[FR Doc. 97-24973 Filed 9-23-97; 8:45 am]

BILLING CODE 4910-60-P