Hazardous Materials Regulations; Editorial Corrections and Clarifications

SUMMARY: This final rule corrects editorial errors, makes minor

regulatory changes, and in response to requests for clarification,

improves the clarity of certain provisions in the Hazardous Materials

Regulations (HMR). The intended effect of this rule is to enhance the

accuracy and reduce misunderstandings of the HMR. This non-substantive

final rule correcting minor errors in the hazardous materials

regulations was not preceded by a notice of proposed rulemaking because

RSPA finds that notice and public comment are unnecessary under the

Administrative Procedure Act.

EFFECTIVE DATE: October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts, Office of Hazardous

Materials Standards, (202) 366-8553, Research and Special Programs

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

SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

RSPA annually reviews the Hazardous Materials Regulations (HMR) to

identify errors which may confuse readers. Inaccuracies corrected in

this final rule include typographical errors, incorrect references to

other rules and regulations in the CFR, inconsistent use of

terminology, and misstatements of certain regulatory requirements. In

response to inquiries RSPA received concerning the clarity of

particular requirements specified in the HMR, certain other changes are

made to reduce uncertainties.

Because these amendments do not impose new requirements, notice and

public procedure are unnecessary. In addition, making these amendments

effective without the customary 30-day delay following publication will

allow the changes to appear in the next revision of 49 CFR.

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

made under this final rule. It does not discuss minor editorial

corrections (e.g., typographical, capitalization and punctuation

errors), changes to legal authority citations and certain other minor

adjustments to enhance the clarity of the HMR.

Section-by-Section Review

Part 107

Section 107.503

Paragraph (a)(3) is revised to remove an obsolete section

reference.

Section 107.606

Paragraph (a)(5) is revised to update a 49 CFR part reference. In

1976, 49 CFR part 1057 was redesignated as part 376. That change was

never corrected in the registration requirements at Sec. 107.606(a)(5).

Part 171

Section 171.7

In paragraph (a)(3), in the table of material incorporated by

reference, in the entry ``IME Safety Library Publication No. 22'', in

the second column, a reference to ``173.63'' is added immediately

before ``177.835''.

Section 171.8

A minor editorial change is made to the ``Marine pollutant''

definition to enhance its clarity.

In the ``Reportable Quantity'' definition, a reference to ``column

3'' is corrected to read ``column 2''.

Section 171.14

Paragraph (c) (1) is revised to clarify that the authorization

allowing a fiber drum with a removable head to be used for a liquid

hazardous material in Packing Group III that is not poisonous by

inhalation expired on September 30, 1997.

Part 172

Section 172.101

In paragraph (c)(11), a reference to ``Sec. 173.51'' is corrected

to read ``Sec. 173.54''.

In paragraph (f), in the first sentence, the word ``ORD-D'' is

removed and the word ``ORM-D'' is added in its place.

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

read as follows:

The entry ``Anhydrous ammonia see Ammonia, anhydrous, liquefied''

is corrected by removing the word ``,liquefied''. Separate entries for

``Ammonia, anhydrous'' and ``ammonia solutions'' were created under

Docket HM-215B [62 FR 24707; May 6, 1997].

In the following proper shipping names, the word ``gases'' is

revised to read ``gas'', for consistency with the way they are shown in

the UN Recommendations:

Compressed gases, flammable, n.o.s.;

Compressed gases, n.o.s.;

Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone

A;

Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone

B;

Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone

C;

Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone

D;

Compressed gases, toxic, n.o.s. Inhalation Hazard Zone A;

Compressed gases, toxic, n.o.s. Inhalation Hazard Zone B;

Compressed gases, toxic, n.o.s. Inhalation Hazard Zone C;

Compressed gases, toxic, n.o.s. Inhalation Hazard Zone D.

The entry ``Diphenylmethane-4,4' diisocyanate'' is removed. This

material does not meet the toxicity criteria for a Division 6.1 Packing

Group III material, and this entry was also deleted from the List of

Dangerous Goods in the ninth revised edition of the UN Recommendations.

The entry ``Dichlorodifluoromethane or Refrigerant gas R 122'' is

corrected by removing ``122'' and replacing it with ``12''.

For the entry ``Methyl isocyanate, 6.1,UN2480'', Column (7) is

corrected by removing Special Provision ``A7''. This material is

forbidden for transportation by aircraft.

For the entry ``Sodium hydrogendifluoride, solid'', the word

``solid'' is italicized.

For the entry ``Sodium hydrogendifluoride, liquid'', the word

``liquid'' is italicized.

For the entry ``Uranium hexafluoride, fissile excepted or non-

fissile, 7, UN2978'', columns 8B and 8C are corrected by removing the

reference ``425'' and replacing it with ``427''.

For the entry ``Water-reactive, solid, oxidizing, n.o.s., 4.3,

UN3133'', in column 5, packing group ``II'' is added, in column (10A)

``E'' is added, and in column (10B), ``40'' is added. In addition, a

new entry for the material in packing group III is added.

Section 172.102

In paragraph (c) (1), special Provision 114B is corrected by

removing the wording ``US006'' and replacing it with ``US1''.

Section 172.203

Paragraph (m)(1) is revised by removing the wording ``Poison or

Toxic'' and replacing it with `` `Poison' or `Toxic' ''.

[[Page 52845]]

Section 172.400a

In paragraph (a)(7), the reference ``Sec. 173.425(b)'' is corrected

to read ``Sec. 173.427(a)(6)(vi)''.

Section 172.504

Footnote 1 of Table 1 is revised to correct a section reference.

Part 173

Section 173.6

In paragraph (c)(2), as amended by 63 FR 8142 the last sentence

stating ``Each digit in the identification number marking must be

displayed in 100 mm (3.9 inches) black Helvetica Medium, Alpine Gothic

or Alternate Gothic No. 3 numerals.'' is removed. The size used for the

identification number marking is prescribed in Sec. 172.332, depending

on whether the identification number is placed on a placard, white

square-on-point configuration, or an orange panel.

Section 173.33

Paragraph (a)(3) is revised to correct a section reference.

Section 173.34

In paragraph (e)(18)(i), in the table for DOT 8 or 8AL cylinders

used to transport acetylene, under ``Porous filler requalification'',

the entry ``3 to 30 yrs\2\'' is corrected to read ``3 to 20 yrs\2\'' to

correct a printing error. The ``3 to 20 yrs'' interval is correctly

shown in the referenced Note 2.

Section 173.58

Paragraph (a) is amended to correct the title of the referenced

document from ``Explosive Test Manual,'' to read ``UN Manual of Tests

and Criteria,''. The ``Explosive Test Manual'' was the title of an

earlier edition of this document.

Section 173.62

In paragraph (c), the Table of Packing Methods is revised to

correct a printing error.

Section 173.247

On June 5, 1996, RSPA issued Docket HM-216 that added the DOT 120

tank car specification to Secs. 173.240, 241, 242, 243, 244, and 314

but failed to add the ``120'' specification to Sec. 173.247 (a). This

oversight is corrected.

Section 173.403

A printing error is corrected in the definition of ``LSA--II''.

Section 173.416

A minor editorial change is made in paragraph (f) for clarity.

Section 173.422

Paragraph (b)(1) is revised to correct section references.

Section 173.425

Section 173.421 defines a limited quantity of Class 7 (radioactive)

material as having an activity per package value not exceeding the

limits specified in Sec. 173.425. In Table 7 of Sec. 173.425, the

limited quantity values are not specifically identified, which leads to

confusion. To eliminate this confusion, the column heading ``Materials

package limits\1\'' is revised to read ``Limited quantity package

limits\1\''.

Section 173.427

Paragraph (a)(3) is revised to replace reference to obsolete

Sec. 173.451 with references to Secs. 173.453, 173.457, 173.459 and

173.467. This change does not impose any new requirement.

Section 173.433

In paragraph (g), in ``Table 10.--General Values For A1

and A2'', in the first column, the second sentence is

amended by adding the wording ``no'' immediately before ``relevant'' to

enhance its clarity.

Section 173.461

Paragraph (a) is revised to remove reference to obsolete,

Sec. 173.463 and to include a reference to the design requirements in

Sec. 173.412 for clarity. These changes do not impose any new

requirement. Also paragraph (b) is revised to remove a reference to

obsolete Sec. 173.463.

Part 175

Section 175.700

In Sec. 175.700, in paragraph (b), in the first sentence, the

reference ``Sec. 175.15'' is corrected to read ``Sec. 171.15''.

Part 176

Section 176.704

Paragraph (e)(1) is revised to remove a reference to obsolete

Sec. 176.451.

In paragraph (f), in ``Table III--Limits for Freight Containers and

Conveyances'', the table heading is amended by adding the wording

``TI'' immediately before ``Limits'' to enhance clarity.

Part 177

Section 177.835

Paragraph (g), in the second sentence, is corrected by removing a

comma between the words ``detonating cord'' and ``Division 1.4''. This

change is made to clarify that the detonating cord is classed in

Division 1.4.

Section 177.842

In the first sentence of paragraph (a), the wording ``or storage

location'' is revised to read ``or in any single group in any storage

location,''. Paragraph (a) currently reads: ``The number of packages of

Class 7 (radioactive) materials in any transport vehicle or storage

location must be limited so that the total transport index number does

not exceed 50''. The revision to paragraph (a) is made to clarify that

groups of up to 50 TI are allowed in storage if each group is separated

by at least 6 meters (20 feet). This revision is consistent with the

wording in current paragraph (b)(2).

Section 177.843

Paragraph (c) is revised to correct a section reference.

Section 177.854

The introductory text preceding paragraph (a) is unnecessary and

therefore is removed.

Part 178

Section 178.338

The section heading is amended by adding the wording ``motor

vehicle'' immediately following the word ``tank'' to enhance clarity.

Part 179

Part 179--Specifications for Tank Cars

The Table of Sections to Part 179 is amended by revising the

heading for Subpart C to read as follows: ``Subpart C--Specifications

for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114, and

120)''. On June 5, 1996 (61 FR 28666, 28679), RSPA amended

Sec. 179.101-1 by adding the DOT 120 specification to the table.

However, the title to Subpart C of Part 179 was not changed to reflect

addition of the new DOT 120 tank car.

Section 179.2

Paragraph (a)(2) is updated to reflect a minor name change of an

organizational committee within the Association of American Railroads.

Section 179.3

Paragraph (a) is updated to reflect a minor name change of an

organizational committee within the Association of American Railroads.

Section 179.4

Paragraphs (a) and (b) are updated to reflect a minor name change

of an organizational committee within the Association of American

Railroads.

[[Page 52846]]

Section 179.5

Paragraph (a) is updated to reflect a minor name change of an

organizational committee within the Association of American Railroads,

and to reflect that the construction and testing of multi-unit tank car

tanks are approved by RSPA.

Part 180

Section 180.403

The introductory text, referencing the definitions contained in

Secs. 171.8 and 178.345-1, is revised to include a reference to the

definitions of cargo tank terms in Sec. 178.320(a).

Section 180.417

Paragraph (a)(3)(ii) is revised to clarify that a ``data report''

is the cargo tank ``manufacturer's data report'' required by the ASME.

Section 180.509

Paragraph (c)(3)(ii) is amended to add an explanation of the terms

used in the preceding formula. This information was inadvertently

omitted.

Section 180.515

In paragraph (b), in the first sentence, the word ``pressure'' is

added immediately after the word ``Converted''. The word pressure was

unintentionally removed in a final rule (HM-175 A/201 60 FR 49048;

September 21, 1995).

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not considered a significant regulatory action

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

subject to review by the Office of Management and Budget. This rule is

not significant according to the Regulatory Policies and Procedures of

the Department of Transportation (44 FR 11034). Because of the minimal

economic impact of this rule, preparation of a regulatory impact

analysis or a regulatory evaluation is not warranted.

B. Executive Order 12612

This final rule has been analyzed in accordance with the principles

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

hazardous material transportation law, (49 U.S.C. 5101-5127) contains

express preemption provisions at 49 U.S.C. 5125.

RSPA is not aware of any State, local, or Indian tribe requirements

that would be preempted by correcting editorial errors and making minor

regulatory changes. This final rule does not have sufficient federalism

impacts to warrant the preparation of a federalism assessment.

C. Executive Order 13084

This rule has been analyzed in accordance with the principles and

criteria contained in Executive Order 13084 (``Consultation and

Coordination with Indian Tribal Governments''). Because this rule would

not significantly or uniquely affect the communities of the Indian

tribal governments, the funding and consultation requirements of this

Executive Order do not apply.

D. Regulatory Flexibility Act

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

impact on a substantial number of small entities. This rule makes minor

editorial changes which will not impose any new requirements on persons

subject to the HMR; thus, there are no direct or indirect adverse

economic impacts for small units of government, businesses or other

organizations.

E. Unfunded Mandates Reform Act of 1995

This 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.

F. Paperwork Reduction Act

There are no new information collection requirements in this final

rule.

G. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory

action listed in the Unified Agenda of Federal Regulations. The

Regulatory Information Service Center publishes the Unified Agenda in

April and October of each year. The RIN number contained in the heading

of this document can be used to cross-reference this action with the

Unified Agenda.

List of Subjects

49 CFR Part 107

Administrative practice and procedure, Hazardous materials

transportation, Packaging and containers, Penalties, Reporting and

recordkeeping requirements.

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Reporting and recordkeeping requirements.

49 CFR Part 172

Education, Hazardous materials transportation, Hazardous waste,

Labeling, 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

Air carriers, Hazardous materials transportation, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 176

Hazardous materials transportation, Maritime carriers, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 177

Hazardous materials transportation, Motor carriers, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 178

Hazardous materials transportation, Motor vehicle safety, Packaging

and containers, Reporting and recordkeeping requirements.

49 CFR Part 179

Hazardous materials transportation, Railroad safety, Reporting and

recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation, Motor carriers, Motor vehicle

safety, Packaging and containers, Railroad safety, Reporting and

recordkeeping requirements.

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

follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

follows:

Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.

104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.

Sec. 107.503 [Amended]

2. In Sec. 107.503, in the first sentence of paragraph (a)(3), the

wording ``, except

[[Page 52847]]

as provided by Sec. 107.502(f) of this part'' is removed.

Sec. 107.606 [Amended]

3. In Sec. 107.606, in paragraph (a)(5), the wording ``1057'' is

removed and ``376'' is added in its place.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

follows:

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

Sec. 171.7 [Amended]

5. In paragraph (a)(3), in the table of material incorporated by

reference, in the entry ``IME Safety Library Publication No. 22 (IME

Standard 22), Recommendation for the Safe Transportation of Detonators

in a Vehicle with Certain Other Explosive Materials, May 1993'', in the

second column, ``173.63,'' is added immediately before ``177.835''.

Sec. 171.8 [Amended]

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

a. In the definition for ``Marine pollutant'', in the first

sentence, the wording ``a hazardous material'' is removed and the

wording ``a material'' is added in its place.

b. In the definition for ``Reportable Quantity (RQ)'', the wording

``column 3'' is removed and the wording ``column 2'' is added in its

place.

7. In Sec. 171.14, paragraph (c)(1) is revised to read as follows:

Sec. 171.14 Transitional provisions for implementing requirements

based on the UN Recommendations.

* * * * *

(c) Non-specification fiber drums. (1) Until September 30, 1997, a

non-specification fiber drum with a removable head was authorized for a

liquid hazardous material in Packing Group III that is not poisonous by

inhalation provided the packaging was authorized for the material under

the requirements of Part 172 or Part 173 of this subchapter in effect

on September 30, 1991. A filled non-specification drum may be offered

for transportation and transported domestically prior to October 1,

1999, if it: (i) Was filled on or prior to September 30, 1997; and (ii)

Is not emptied and refilled on or after October 1, 1997.

* * * * *

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

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

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

follows:

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

Sec. 172.101 [Amended]

9. In Sec. 172.101, the following changes are made:

a. In paragraph (c)(11) introductory text, at the beginning of the

sentence, the reference ``173.51'' is removed and the reference

``173.54'' is added in its place.

b. In paragraph (f), in the first sentence, the phrase ``ORD-D'' is

removed and the phrase ``ORM-D'' is added in its place.

10. In Sec. 172.101, the Hazardous Material Table is amended by

removing, adding, in appropriate alphabetical sequence, and revising,

the following entries to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

[[Page 52848]]

Sec. 172.101 Hazardous Materials Table

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

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

[REMOVE:]

* * * * * * *

Diphenylmethane-

4,4' diisocyanate.

* * * * * * *

[ADD:]

* * * * * * *

Water-reactive, 4.3 UN3133........... III............ 4.3, 5.1.......... .............. None.......... 214........... 214........... Forbidden..... Forbidden..... E............. 40

solid, oxidizing,

n.o.s.

* * * * * * *

[REVISED:]

* * * * * * *

Water-reactive, 4.3 UN3133........... II............. 4.3, 5.1.......... .............. None.......... 214........... 214........... Forbidden..... Forbidden..... E............. 40

solid, oxidizing,

n.o.s..

* * * * * * *

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

[[Page 52849]]

Sec. 172.101 [Amended]

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

the following changes are made:

a. The entry ``Anhydrous ammonia'' is amended by removing the word

``,liquefied''.

b. The entry ``Compressed gases, flammable, n.o.s.'' is amended by

removing the word ``gases'' and adding the word ``gas'' and placing the

entry in alphabetical order.

c. The entry ``Compressed gases, n.o.s.'' is amended by removing

the word ``gases'' and adding the word ``gas'' and placing the entry in

alphabetical order.

d. The entry ``Compressed gases, toxic, flammable, n.o.s.

Inhalation hazard Zone A'' is amended by removing the word ``gases''

and adding the word ``gas'' and placing the entry in alphabetical

order.

e. The entry ``Compressed gases, toxic, flammable, n.o.s.

Inhalation hazard Zone B'' is amended by removing the word ``gases''

and adding the word ``gas'' and placing the entry in alphabetical

order.

f. The entry ``Compressed gases, toxic, flammable, n.o.s.

Inhalation hazard Zone C'' is amended by removing the word ``gases''

and adding the word ``gas'' and placing the entry in alphabetical

order.

g. The entry ``Compressed gases, toxic, flammable, n.o.s.

Inhalation hazard Zone D'' is amended by removing the word ``gases''

and adding the word ``gas'' and placing the entry in alphabetical

order.

h. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard

Zone A'' is amended by removing the word ``gases'' and adding the word

``gas'' and placing the entry in alphabetical order.

i. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard

Zone B'' is amended by removing the word ``gases'' and adding the word

``gas'' and placing the entry in alphabetical order.

j. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard

Zone C'' is amended by removing the word ``gases'' and adding the word

``gas'' and placing the entry in alphabetical order.

k. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard

Zone D'' is amended by removing the word ``gases'' and adding the word

``gas'' and placing the entry in alphabetical order.

l. The entry ``Dichlorodifluoromethane or Refrigerant gas R 122''

is amended by removing the number ``122'' and adding the number ``12''.

m. For the entry ``Methyl isocyanate, 6.1, UN2480'' Column (7) is

amended by removing Special Provision ``A7''.

n. The entry ``Sodium hydrogendifluoride, solid'' is amended by

removing ``solid'' and adding ``solid'' in its place.

o. The entry ``Sodium hydrogendifluoride, liquid'' is amended by

removing ``liquid'' and adding ``liquid'' in its place.

p. For the entry ``Uranium hexafluoride, fissile excepted or non-

fissile, 7, UN2978'', columns 8B and 8C are amended by removing the

wording ``420, 425'' and adding the wording ``420, 427''.

Sec. 172.102 [Amended]

12. In Sec. 172.102, in paragraph (c)(1), in Special Provision 114

b., the reference ``US006'' is removed and ``US 1'' is added in its

place.

Sec. 172.203 [Amended]

13. In Sec. 172.203, paragraph (m)(1) is amended by removing the

wording `` `Poison or Toxic' '' and adding in its place the wording ``

`Poison' or `Toxic' ''.

Sec. 172.400a [Amended]

14. In Sec. 172.400a, in paragraph (a)(7), the reference

Sec. 173.425(b)'' is revised to read ``Sec. 173.427(a)(6)(vi)''.

Sec. 172.504 [Amended]

15. In Sec. 172.504, in Table 1 as revised at 62 FR 1230 effective

October 1, 1998, in footnote 1, the reference Sec. 173.425(b) or (c)''

is removed and ``Sec. 173.427(a)'' is added in its place.

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

PACKAGINGS

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

follows:

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

Sec. 173.6 [Amended]

17. In paragraph (c)(2), the last sentence is removed.

Sec. 173.33 [Amended]

18. In Sec. 173.33, in paragraph (a)(3), the reference

``Sec. 177.824'' is revised to read ``Sec. 180.407 (a)(1)''.

Sec. 173.34 [Amended]

19. In Sec. 173.34, in paragraph (e)(18)(i), in the table, under

the column heading ``Porous filler requalification'', under

``Initial'', the entry ``3 to 30 yrs \2\'' is revised to read ``3 to 20

yrs \2\''.

Sec. 173.58 [Amended]

20. In Sec. 173.58, paragraph (a) introductory text is amended by

removing ``Explosive Test Manual'' and adding the ``UN Manual of Tests

and Criteria'' in its place.

Sec. 173.62 [Amended]

21. In Sec. 173.62 (c), in the Table of Packing Methods, the

following changes are made:

a. For the entry 114(b), under column 3 ``Intermediate

packagings'', the text under ``Not necessary'' is transferred to column

4 ``Outer packagings'' under ``Boxes''.

b. For the entry 133, under column 3 ``Intermediate packagings'',

the text under ``Receptacles'' is transferred to column 4 ``Outer

packagings'' under ``Boxes''.

c. For the entry 133, under column 2 ``Inner packagings'', the text

under ``Receptacles'' is transferred to column 3 ``Intermediate

packagings'' under ``Receptacles''.

d. For the entry 137, under column 3 ``Intermediate packagings'',

the text under ``Not necessary'' is transferred to column 4 ``Outer

Packagings'' under ``Boxes''.

Sec. 173.247 [Amended]

22. In Sec. 173.247, in paragraph (a), the wording ``115 tank car

tanks'' is revised to read ``115, or 120 tank car tanks''.

Sec. 173.403 [Amended]

23. In Sec. 173.403, in paragraph (2)(ii), in the definition for

``Low Specific Activity (LSA) material'', remove the wording ``average

specific a- activity'' and add ``average specific activity'' in its

place.

Sec. 173.416 [Amended]

24. In Sec. 173.416, in paragraph (f), in the last sentence, the

wording ``inner packaging if subjected'' is revised to read ``inner

packaging if the overpack containing it is subjected''.

Sec. 173.422 [Amended]

25. In Sec. 173.422, in paragraph (b)(1), the wording ``Sections

171.15, 171.16, 174.750, 176.710, and 177.861'' is removed and the

wording ``Sections 171.15, 171.16, 174.750 and 176.710'' is added in

its place.

Sec. 173.425 [Amended]

26. In Sec. 173.425, in Table 7, in the fourth column, in the

heading, the wording ``Materials package limits \1\'' is removed and

the wording ``Limited quantity package limits \1\'' is added in its

place.

Sec. 173.427 [Amended]

27. In Sec. 173.427, in paragraph (a)(3), the wording Secs. 173.451

and 173.467'' is revised to read ``Secs. 173.453, 173.457, 173.459 and

173.467''.

Sec. 173.433 [Amended]

28. In Sec. 173.433, in paragraph (g), in Table 10, in the first

column, the

[[Page 52850]]

wording ``Alpha emitting nuclides are known to be present or relevant

data are available'' is revised to read ``Alpha emitting nuclides are

known to be present or no relevant data are available''.

Sec. 173.461 [Amended]

29. In Sec. 173.461, the following changes are made:

a. In paragraph (a) introductory text, the wording ``Compliance

with the test requirements in Secs. 173.463 through 173.469'' is

revised to read ``Compliance with the design requirements in

Sec. 173.412 and the test requirements in Secs. 173.465 through

173.469''.

b. In paragraph (b), the wording ``Secs. 173.463 through 173.469''

is revised to read ``Secs. 173.465 through 173.469''.

PART 175--CARRIAGE BY AIRCRAFT

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

follows:

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

Sec. 175.700 [Amended]

31. In Sec. 175.700, in paragraph (b), in the first sentence, the

reference ``Sec. 175.15'' is revised to read ``Sec. 171.15 of this

subchapter''.

PART 176--CARRIAGE BY VESSEL

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

follows:

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

Sec. 176.704 [Amended]

33. In Sec. 176.704, the following changes are made:

a. In paragraph (e)(1), the wording ``Sec. 173.451 through

Sec. 173.459'' is revised to read ``Secs. 173.457 and 173.459''.

b. In paragraph (f), in table III, the heading ``Table III--Limits

for Freight Containers and Conveyances'' is revised to read ``Table

III--TI Limits for Freight Containers and Conveyances''.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

follows:

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

Sec. 177.835 [Amended]

35. In Sec. 177.835, in paragraph (g) introductory text, in the

second sentence, the comma between the words ``detonating cord'' and

``Division 1.4'' is removed.

Sec. 177.842 [Amended]

36. In Sec. 177.842, in paragraph (a), in the first sentence, the

wording ``or storage location'' is revised to read ``or in any single

group in any storage location''.

Sec. 177.843 [Amended]

37. In paragraph (c), the wording ``see Sec. 177.861'' is removed

and the wording ``see Sec. 177.854'' is added in its place.

Sec. 177.854 [Amended]

38. In Sec. 177.854, the introductory text is removed.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

follows:

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

Sec. 178.338 [Amended]

40. In Sec. 178.338, in the heading, the wording ``motor vehicle''

is added immediately following the word ``tank''.

PART 179--SPECIFICATIONS FOR TANK CARS

41. The authority citation for part 179 is revised to read as

follows:

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

42. In Sec. 179.2, paragraph (a)(2)is revised to read as follows:

Sec. 179.2 Definitions and abbreviations.

(a) * * *

(2) Approved means approval by the AAR Tank Car Committee.

* * * * *

43. In Sec. 179.3, paragraph (a) is revised to read as follows:

Sec. 179.3 Procedure for securing approval.

(a) Application for approval of designs, materials and

construction, conversion or alteration of tank car tanks under these

specifications, complete with detailed prints, must be submitted in

prescribed form to the Executive Director--Tank Car Safety, AAR, for

consideration by its Tank Car Committee and other appropriate

committees. Approval or rejections of applications based on appropriate

committee action will be issued by the executive director.

* * * * *

44. In Sec. 179.4, the first sentence in paragraph (a) and

paragraph (b) are revised to read as follows:

Sec. 179.4 Changes in specifications for tank cars.

(a) Proposed changes in or additions to specifications for tanks

must be submitted to the Executive Director--Tank Car Safety, AAR, for

consideration by its Tank Car Committee. * * *

(b) The Tank Car Committee will review the proposed specifications

at its earliest convenience and report its recommendations through the

Executive Director--Tank Car Safety to the Department. The

recommendation will be considered by the Department in determining

appropriate action.

45. In Sec. 179.5, paragraphs (a) and (b) are revised to read as

follows:

Sec. 179.5 Certificate of construction.

(a) Before a tank car is placed in service, the party assembling

the completed car shall furnish a Certificate of Construction, Form AAR

4-2 to the owner, the Department, and the Executive Director--Tank Car

Safety, AAR, certifying that the tank, equipment, and car fully

conforms to all requirements of the specification.

(b) When cars or tanks are covered in one application and are

identical in all details are built in series, one certificate will

suffice for each series when submitted to the Executive Director--Tank

Car Safety, AAR. One copy of the Certificate of Construction must be

furnished to the Department for each car number of consecutively

numbered group or groups covered by the original application.

* * * * *

46. The heading for Subpart C is revised to read as follows:

Subpart C--Specifications for Pressure Tank Car Tanks (Classes DOT-

105, 109, 112, 114, and 120)

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

47. The authority citation for part 180 continues to read as

follows:

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

Sec. 180.403 [Amended]

48. In Sec. 180.403, in the introductory text, the reference

``Secs. 171.8 and 178.345-1'' is revised to read ``Secs. 171.8,

178.320(a) and 178.345-1''.

49. In Sec. 180.417, the first sentence in paragraph (a)(3)(ii) is

revised to read as follows:

Sec. 180.417 Reporting and record retention requirement.

(a) * * *

(3) * * *

(ii) ASME Code Stamped cargo tanks. If the owner does not have the

manufacturer's certificate required by the specification and the

manufacturer's data report required by the ASME, the owner may contact

the National Board for a copy of the manufacturer's data report, if the

cargo tank was registered

[[Page 52851]]

with the National Board, or copy the information contained on the cargo

tank's identification and ASME Code plates. * * *

* * * * *

50. In Sec. 180.509, in paragraph (c)(3)(ii) text is added

immediately following the formula, to read as follows:

Sec. 180.509 Requirements for inspection and test of specification

tank cars.

* * * * *

(c) * * *

(3) * * *

(ii) * * *

Where:

i is the inspection and test interval.

t1 is the actual thickness.

t2 is the allowable minimum thickness under paragraph (g) of

this section.

r is the corrosion rate per year.

* * * * *

Sec. 180.515 [Amended]

51. In Sec. 180.515, in paragraph (b), in the first sentence, the

word ``Converted'' is removed and the wording ``Pressure converted'' is

added in its place.

Issued in Washington, DC, on September 18, 1998, under authority

delegated in 49 CFR part 1.

Kelley S. Coyner,

Administrator.

[FR Doc. 98-25616 Filed 9-30-98; 8:45 am]

BILLING CODE 4910-60-P