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 29, 1999.

ADDRESSES: Submit written comments to the Dockets Management System,

U.S. Department of Transportation, 400 Seventh Street, SW, Washington,

DC 20590-0001. Comments should identify Docket Number RSPA-99-6213 and

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 to the docket electronically

by logging onto the Dockets Management System website at http://

dms.dot.gov. Click on ``Help & Information'' to obtain instructions for

filing the document electronically. In every case, the comment should

refer to the Docket number ``RSPA-99-6213''.

The Dockets Management System is located on the Plaza Level of the

Nassif Building, at the above address. Public dockets may be reviewed

at the address above between the hours of 9:00 a.m. to 5:00 p.m.,

Monday through Friday, excluding Federal holidays. In addition, the

NPRM and all comments can be reviewed on the Internet by accessing the

Hazmat Safety Homepage at ``http://hazmat.dot.gov.''

FOR FURTHER INFORMATION CONTACT: Charles Betts or Diane LaValle, 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 NPRM is designed primarily to reduce regulatory burden 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are outdated or in need of reform.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.

Section-by-Section Review

Part 171

Section 171.7

RSPA proposes to update the incorporation by reference of the

American Society of Mechanical Engineers (ASME) Code to the 1998

Edition. Currently, the 1992 Edition and the Addenda through December

31, 1993 are incorporated by reference. After a review, RSPA believes

that the 1998 Edition should be incorporated by reference. However, at

this time RSPA is not proposing to adopt any Addenda to the 1998

Edition of the ASME Code because we have not fully reviewed them.

Section 171.8

The definition for ``Aerosol'' would be revised to remove reference

to a ``metal'' receptacle to align the HMR with the UN Recommendations.

RSPA proposes to revise the definition for ``EX number.''

Currently, the definition states that an EX number is assigned by the

Associate Administrator for Hazardous Materials Safety (AAHMS) to

identify an explosive which has been approved. However, RSPA presently

assigns EX numbers to track materials evaluated by the AAHMS under the

provisions of Sec. 173.56, regardless of whether or not they are

approved under a different hazard class.

The definition for ``Placarded car'' would be revised to remove

reference to a ``FUMIGATION placard.'' As used in the HMR, a railcar

containing lading which has been fumigated or is undergoing fumigation

is required to display the ``FUMIGANT marking'' shown in Sec. 173.9.

Section 171.11

RSPA is proposing to remove paragraph (d)(5), which requires the

identification of a poison material on the shipping paper. The

International Civil Aviation Organization (ICAO) Technical Instruction

already requires the shipping paper to identify subrisks and RSPA

believes paragraph (d)(5) is unnecessary. RSPA is proposing to add a

new paragraph (d)(5) to require that the original approval (EX) number

or traceable product code issued to an air bag inflator or seat-belt

pretensioner be entered on the shipping paper in association with the

basic description, as specified in Sec. 173.166 (c). Currently,

shipping papers for devices offered under the ICAO Technical

Instruction are not required to contain the EX number or product code

for an approved inflator or pretensioner. RSPA believes this shipping

paper provision should include air bags or seat-belt pretensioners when

offered and transported in the United States under the authority of

international regulations. Devices containing a pressure vessel and

transported as Division 2.2 (UN3353) would be excluded from this

shipping paper notation requirement. In addition, paragraph (d)(14)

would be revised to clarify that ``Aerosols'' transported in the U.S.

under the provisions of the ICAO Technical Instructions must be in

metal packagings if the packaging exceeds 7.22 cubic inches.

Section 171.12

RSPA is proposing to revise paragraph (a) to clarify that the

shipping paper documentation required under the International Maritime

Dangerous Goods Code (IMDG) or International Atomic Energy Agency

(IAEA) must be written in English as currently required by

Sec. 172.201(a)(2). Similar to the proposed change to Sec. 171.11

above, RSPA proposes to add paragraph (b)(5) to require that the

approval (EX) number or traceable product code be entered on shipping

papers for airbag inflators and seat belt pretensioners offered under

the International Maritime Dangerous Goods (IMDG) Code.

Part 172

Section 172.101

Paragraphs (b)(2) and (b)(6) would be revised to clarify that

proper shipping names denoted with an ``A'' or ``W'' in Column (1), in

the HMT, may be used to describe hazardous materials transported by all

modes when all applicable requirements are met.

RSPA proposes to remove paragraph (c)(8), which is specific to

determining

[[Page 53167]]

a proper shipping description for hazardous substances as it is

redundant with Sec. 172.101(c).

Paragraph (c)(8) would be replaced to allow the words ``liquid'' or

``solid'' to be added to a proper shipping name when a hazardous

material specifically listed by name may due to differing physical

states be a liquid or solid. This is consistent with existing

provisions in the UN Recommendations, the ICAO TI and the IMDG Code.

The entry ``Chemical kits or First aid kits (containing hazardous

materials)'' would be separated into two individual entries for easier

reference. In addition, the wording ``(containing hazardous

materials)'' is unnecessary and would be removed.

The entry `` 1-chloro-3-bromopropane'' would be changed to read

``1-bromo-3-chloropropane'' to be in accordance with the UN

Recommendations.

A new entry ``Fumigated transport vehicle or freight container, see

Sec. 173.9'' would be added to reference Sec. 173.9 which contains

requirements for transporting fumigated lading. This change would

facilitate the location of these requirements by readers.

For the entries, ``Polychlorinated biphenyls, liquid'' and

``Polychlorinated biphenyls, solid,'' UN2315, in Column 1, the symbols

``A, W'' would be removed and a new Special Provision 140 would be

added in Column 7. Special Provision 140 would state that the material

is only regulated when it meets the defining criteria for a hazardous

substance or a marine pollutant.

For the entry ``Air, compressed,'' Special Provision 78 would be

added in Column 7 to specify that only mixtures with not more than 23.5

percent oxygen may be transported under this entry. An OXIDIZER label

is not required for mixtures containing not more than 23.5 percent

oxygen. This change will align the HMR with a recent amendment adopted

in the eleventh revised edition of the UN Recommendations. In addition,

for the entry ``Rare gases and oxygen mixtures, compressed,'' Special

Provision 79 would be added to state that this entry may not be used

for mixtures meeting the criteria for oxidizing gas in Sec. 171.8. RSPA

believes that it is more appropriate to use a generic oxidizing gas

entry (i.e., Compressed gas, oxidizing, n.o.s.) when such mixtures meet

the criteria of an oxidizing gas.

For the entry, ``Sodium chlorate, aqueous solution,'' PG II,

Special Provision ``B6'' would be removed. It was pointed out to RSPA

that similar entries (Potassium chlorate, aqueous solution and

Chlorates, inorganic, aqueous solution) are not assigned this Special

Provision. RSPA agrees that the Special Provision was mistakenly

assigned.

In response to comments submitted by the Vessel Operators Hazardous

Materials Association (VOHMA), in response to the NPRM of HM-215C, RSPA

is proposing to revise a number of HMT entries with inconsistently

applied Codes 34 and 95 in column 10B. These codes pertain to

segregation of Division 2.3 and 6.1 and Class 8 hazardous materials

with foodstuffs. These changes will align the HMR with the IMDG Code.

In total, there are twenty (20) deletions of Code 95, nine (9)

additions of Code 95, three (3) changes from Code 34 to 95, and three

(3) deletions of Code 34 from Column 10B.

Section 172.102

In paragraph (c)(1), a new Special Provision 78 would be added to

specify that the entry ``Air, compressed'' may not be used to describe

compressed air which contains more than 23.5% of oxygen. This change

would align the HMR with a recent amendment adopted in the eleventh

revised edition of the UN Recommendations. In addition, a new Special

Provision 79 would be added to specify that the entry ``Rare gases and

oxygen mixtures, compressed'' may not be used for gas mixtures which

meet the criteria for an oxidizing gas. This change would ensure that

the correct emergency response information is provided for mixtures

which meet the criteria for oxidizing gas. We are also proposing to add

a new Special Provision 140 to the entries ``Polychlorinated biphenyls,

liquid'' and ``Polychorinated biphenyl, solid,'' UN 2315 to state that

the material is only regulated when it meets the defining criteria for

a hazardous substance or marine pollutant. This change would be

consistent with international regulations.

We propose, in paragraph (c)(5), to revise Special Provision N10

regarding lighters. Currently, approvals for lighters require the

approval number to be marked on the package and on the shipping papers.

We believe that this requirement should be contained in the

regulations.

Section 172.201

Paragraph (a)(1)(ii) would be revised to clarify that when a

reproduced shipping paper identifies hazardous materials entries by

highlighting the basic description in a contrasting color, the packing

group must be highlighted. The packing group is identified as a basic

description element by Sec. 172.202(a)(4) and (b).

Section 172.204

For consistency with paragraphs (a)(1), (a)(2) and the ICAO

Technical Instructions, paragraph (c)(1) would be revised to change the

word ``packed'' to read ``packaged.'' A transition period of 10 years

would be provided for depletion of preprinted shipping papers showing

the word ``packed'' to reduce costs.

Sections 172.332 and 172.336

In response to a petition for rulemaking from the American Trucking

Association (ATA) [P-1364], RSPA proposes to amend Secs. 172.332(a) and

172.336(b) to authorize the use of white square-on-point configurations

for display of identification number markings regardless of whether a

placard is required for that material. RSPA agrees with ATA that it is

unnecessarily restrictive to prevent the use of identification number

markings displayed on square-on-point configurations in conjunction

with placards.

Section 172.504

RSPA proposes to revise the Class 9 table entry to reference

Sec. 172.504(f)(9), which provides an exception from displaying a Class

9 placard for domestic transportation. In addition, paragraph (f)(8),

regarding the placarding of a material classed as a combustible liquid

that also meets the definition of a Class 9, would be removed. A new

paragraph (f)(8) would be added to provide an exception, in domestic

transportation, for placarding a transport vehicle displaying a POISON

INHALATION placard if it is already placarded with a POISON GAS

placard.

Section 172.516

Paragraph (a) would be revised by changing the wording ``motor

vehicle'' to ``transport vehicle'' the second time it appears in the

first sentence, to correct an inaccurate usage of the term ``motor

vehicle''. This change clarifies that each placard on a motor vehicle

must be clearly visible from the direction it faces, except from the

direction of another transport vehicle to which the motor vehicle is

coupled.

Section 172.519

Paragraph (b)(3) would be revised to clarify that text is required

on the DANGEROUS placard. In addition, the provision would be revised

to clarify that text is not required on an OXYGEN placard when the

specific identification number is displayed.

[[Page 53168]]

Section 172.604

Paragraph (c)(2) would be revised to clarify that hazardous

materials transported under the proper shipping name ``Consumer

commodity'' do not require emergency response information, regardless

of whether the hazard class is ``ORM-D'' as provided by the HMR, or

``9'' as provided by the ICAO Technical Instructions.

Section 172.704

In Sec. 172.704, paragraph (b) would be revised to add the

reference, ``29 CFR 1910.1200,'' in addition to 29 CFR 1910.120 of the

Department of Labor's Occupational Safety and Health Administration

(OSHA). This change is needed to clarify that any training received due

to OSHA's requirements need not be repeated to meet DOT training

requirements.

Part 173

Section 173.4

RSPA proposed to revise paragraphs (a)(1)(i) (ii) and (iii) to

clarify that the limit of one gram for Division 6.1 material per inner

receptacle applies only to materials that are poisonous by inhalation.

In addition, RSPA proposes to add a note to Sec. 173.4(a)(6)(ii) to

clarify that one package need not be subjected to all of the tests

specified in Sec. 173.4; a separate, but identical, packaging may be

used for each test.

Section 173.5

In Sec. 173.5, paragraph (a) would be revised to grant an exception

from the emergency response and training requirements in subparts G and

H of Part 172 respectively to Class 2 agricultural products that are

transported over local roads between fields of the same farm.

Currently, agricultural products other than Class 2 materials are

completely excepted from the HMR when transported between fields of the

same farm. RSPA believes that similar relief is warranted for Class 2

materials.

Section 173.7

We are proposing to add a new paragraph (e) which would incorporate

and expand the existing exception in Sec. 173.62, paragraph (d) for

Class 1 explosives owned by the Department of Defense (DOD). Section

173.62, paragraph (d) would be deleted. Currently DOD is authorized to

ship their Class 1 materials that were packaged prior to January 1,

1990, without regard to the current packaging requirements in Part 178.

In addition to the existing exception, we are proposing to also except

these packagings from the marking and labeling requirements. This would

alleviate the need to remark and re-label DOD stockpiled hazardous

materials. Considering that the revised exception applies to marking

and labeling of DOD packagings in addition to packaging requirements,

RSPA believes it is more appropriate that the exceptions appear in

Sec. 173.7.

Section 173.12

In Sec. 173.12, paragraph (b)(3) would be revised to clarify that

materials poisonous by inhalation are not authorized for the lab pack

provisions.

Section 173.13

In Sec. 173.13, paragraph (a) would be revised to clarify that use

of the CARGO AIRCRAFT ONLY label is required. As discussed in the

preamble to Docket HM-222 [May 30,1996; 61 FR 27169], it was RSPA's

intention to except use of primary and subsidiary hazard labels only.

Hazardous materials transported under the provisions of Sec. 173.13 are

not authorized for transportation by passenger carrying aircraft. When

transported without the CARGO AIRCRAFT ONLY label, RSPA believes that

some packagings offered for transportation under Sec. 173.13 may

inadvertently be placed on a passenger carrying aircraft in violation

of the HMR. This change would be consistent with Sec. 172.402(c)

regarding display of the CARGO AIRCRAFT ONLY label.

Section 173.32

In Sec. 173.32, we propose to amend paragraph (e)(3) to authorize

smaller markings on specification portable tanks that were originally

authorized to be marked with letters and numerals as small as 1/8 of an

inch in height. The specification plates originally attached to these

packagings do not have sufficient space to accommodate larger size

markings after retesting.

Section 173.60

In Sec. 173.60, a new paragraph (b)(14) would be added consistent

with the UN Recommendations to allow large explosive articles normally

intended for military use, to be transported unpackaged under specific

conditions. This provision is currently found in Sec. 173.62 Packing

Instruction (PI) 130; however, the provision only applies to those

explosives assigned to PI 130. Inclusion of this new paragraph would

allow any large explosive article normally intended for military use to

be transported unpackaged under the specified conditions.

Section 173.61

In Sec. 173.61, paragraph (a) would be revised to clarify that

explosives may be packed with non hazardous materials that will not

adversely affect the explosive. RSPA believes that relaxation of this

provision will avoid the need for exemptions.

Section 173.62

In Sec. 173.62, paragraph (d) would be removed. Reference the

preamble discussion under Sec. 173.7.

Section 173.150

RSPA proposes to remove the wording ``and combustible liquids'' in

the first sentence of Sec. 173.150(b). Referring to combustible liquids

is unnecessary because there is no requirement for labeling or

specification packaging. In addition, paragraph (f)(3)(iv) would be

revised to clarify that placards are not required for a combustible

liquid that is a hazardous substance, hazardous waste or marine

pollutant in a non-bulk packaging.

We propose to revise paragraph (f)(3)(viii) by changing a reference

from Sec. 177.834 to Sec. 177.834(j). Paragraph (j) requires that

manholes and valves be closed during transportation. This proposed

change would clarify that combustible liquids are not subject to other

provisions of Sec. 177.834, such as those pertaining to attendance, and

is responsive to a petition for rulemaking (P-1386) from the Petroleum

Marketers Association of America.

Section 173.166

We propose to revise the introductory text in paragraph (e) to

clarify that all airbag modules and inflators and seat belt

pretensioners including those in Division 2.2 that are transported

under UN 3353 must be packaged in UN packagings meeting the Packing

Group III performance level. At present, since no packing group is

provided in Sec. 172.101 for UN 3353, the required level of testing for

UN packagings authorized for use in paragraph (e) for devices

transported under UN 3353 is not stated in the HMR. The proposal to

require a Packing Group III performance level is consistent with the

provisions in the eleventh revised edition of the UN Recommendations.

We also propose to authorize an air bag module or a seat belt

pretensioner that has been removed from a motor vehicle that was

manufactured as required for use in the United States to be offered for

transportation in commerce without marking the EX number or product

code on the shipping paper, as required by current paragraph (c).

Instead, the word ``Recycled'' would

[[Page 53169]]

be entered immediately after the basic description prescribed in

Sec. 172.202. This proposed change will facilitate transportation of

these devices for recycling and eliminate the need for exemption, DOT-E

12189 granted to the Automotive Recyclers Association and several other

grantees.

Section 173.242

In paragraph (c)(1), a reference to obsolete Sec. 178.253-4 would

be removed and replaced with the specific portable tank venting

requirements that were contained in that section.

Section 173.247

Paragraph (g)(1)(iii)(C) would be revised to clarify the pressure

relief device requirements for bulk packagings transported by rail. The

current regulatory text may be misunderstood as requiring the use of a

combination pressure relief device, such as a reclosing pressure relief

device (a safety valve) incorporating a rupture disc on the upstream

side. The paragraph would be revised to clarify the requirement for a

nonreclosing pressure relief device that incorporates a rupture disc

conforming to the requirements of Sec. 179.15.

Section 173.306

Paragraph (h)(2) would be revised to clarify that shipping papers

are required for a Class 2 material that has been reclassed as a

consumer commodity if it also meets the definition for ``marine

pollutant.'' This change would provide consistency with corresponding

HMR limited quantity provisions.

Section 173.307

Paragraph (a)(4) would be revised to except from the HMR,

refrigerating machines, including dehumidifiers and air conditioners

and components thereof, containing up to 12 kg (25 pounds) or less of a

non-flammable, non-toxic gas; 12 L (3 gallons) or less of ammonia

solution (UN2672) and except for air transportation, 12 kg (25 pounds)

of flammable non-toxic gas, and 20 kg (44 pounds) or less of a Group A1

refrigerant specified in ANSI/ASHRAE Standard 15. In addition, for air

transportation consistent with Special Provision A103 of the ICAO

Technical Instructions an exception would be provided for refrigerating

machines containing 100 g (4 ounces) or less of a flammable, non-toxic

liquified gas. This paragraph is also revised for clarity and to

reference both International System of Units (SI) and customary units.

Part 174

Section 174.26

The section heading would be revised by removing the phrase ``of

placarded cars.'' This change clarifies that the prescribed shipping

paper requirements apply to any person who accepts hazardous materials

for transportation by rail.

Section 174.50

As set forth in Sec. 174.50, the Federal Railroad Administration

(FRA) has authority to approve for movement a tank car not conforming

to the HMR. Since the adoption of the provision, FRA has issued

approximately 400 movement approvals for tank cars that no longer

conform to the regulations, for reasons such as leaking fittings,

accident damage and exceeding the gross rail load. RSPA proposes to

expand FRA's approval authority from tank cars to all rail cars. This

would allow FRA to grant approval for the movement of covered hopper

cars, gondola cars, and other types of railroad equipment when they no

longer conform to Federal law, but may safely be moved to a repair

location and eliminate the need for exemption for such movements.

Part 175

Section 175.25

Paragraph (a)(2)(ii) would be revised to authorize lettering of at

least 4 mm (.16 inch) in height, based on RSPA initiative. Currently,

the height requirement is 6mm (0.2 inch) minimum for some of the

information required on the notification to air passengers of hazardous

materials restrictions. The smaller lettering does not significantly

impact readability and encourages use of space on signs for other

information such as graphics.

Section 175.30

An exception in paragraph (d)(1) for inspecting packages of

consumer commodities packaged in a freight container would be expanded

to include consumer commodities that are palletized or overpacked. RSPA

believes that it is impracticable for consumer commodities that are

palletized or overpacked to be broken down and inspected by the

operator of the aircraft. This amendment would allow consumer

commodities that are overpacked or palletized to be handled in the same

manner as consumer commodities in freight containers.

Part 177

Section 177.848

Paragraph (c) would be revised to clarify that the prohibition

against loading or storing cyanides or cyanide mixtures with acids

applies only if hydrogen cyanide would be generated when the materials

come into contact with each other.

Part 178

Section 178.3

RSPA proposes to amend the introductory text to paragraph (a) to

clarify that the specification markings on a UN standard packaging may

not be marked on a removable component of a packaging.

Section 178.345-13

In paragraph (a), a reference to obsolete Secs. 178.346-13(a),

178.347-13(a), and 178.348-13(a) would be removed.

Section 178.603

RSPA proposes to revise paragraph (f)(5) to allow a slight

discharge from a closure if it ceases immediately after impact with no

further leakage. Currently this allowance applied only to drums,

jerricans or bags. This proposed change would align the criteria for

passing the drop test with international regulations.

Section 178.605

RSPA proposes to revise the last sentence in paragraph (d)(1) to

correctly reference the maximum filling limits in Sec. 173.24a(d).

Section 178.703

RSPA proposes to revise Sec. 178.703(a)(1)(ii) to correctly

reference all of paragraph (a) of Sec. 178.702, and not merely

paragraphs (a)(1) and (2), for the code number used to designate an IBC

design type.

Section 178.815

Paragraph (c)(4)(iii) would be added to authorize dynamic

compression testing for IBCs in the same manner as is currently

authorized for non-bulk packagings. RSPA considers the dynamic

compression test to be an equivalent test method and that by allowing

more flexibility in the stacking test requirements will provide a cost

saving to the regulated industry.

Part 179

Section 179.100-20

RSPA proposes to remove the water capacity entry in the table that

requires each DOT-105A100W tank car to be

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stamped with the water capacity in pounds because it is redundant.

Section 179.22 requires a tank car to be marked in accordance with

Appendix C of the Association of American Railroads (AAR) Tank Car

Manual. Section C3.03 of the AAR manual already requires marking the

water capacity, in gallons and liters, on the side of the tank car.

Consequently, the requirement proposed for deletion is redundant and

conflicting with other requirements. Therefore, as a result, its

removal will have no effect on safety.

Part 180

Section 180.417

RSPA proposes to revise paragraph (a)(2) to allow a cargo tank

owner to retain the vehicle certification report and related papers at

a company's principal place of business or at the location where the

vehicle is housed or maintained, without obtaining prior approval from

the Regional Director, Office of Motor Carrier Safety, Federal Highway

Administration. This change offers motor carriers greater flexibility

in the location where these documents are retained.

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 associated 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 materials, 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

materials;

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

placarding of hazardous materials;

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

pertaining to hazardous materials 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 materials; 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 materials.

This proposed rule concerns the classification, packaging, marking,

labeling, and handling of hazardous materials, 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. Executive Order 13084

This propose 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 proposed rule would not significantly or uniquely affect

the communities, the funding and consultation requirements of the

Executive Order do not apply.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an

agency to review regulations to assess their impact on small entities

unless the agency determines that a rule is not expected to have a

significant impact on a substantial number of small entities. 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.

E. 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

Office of Management and Budget (OMB) control number. This NPRM does

not propose any new information collection burdens. The information

collection associated with the proposal to provide for nonconforming

railcars under Sec. 174.50 is currently being reported under the

information collection for exemption applications under Sec. 107.105.

Information collection requirements contained in Sec. 174.50 have been

approved by the OMB under control number 2137-0559.

F. 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.

G. 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.

H. Impact on Business Processes and Computer Systems

Many computers that use two digits to keep track of dates will, on

January 1, 2000, recognize ``double zero'' not as 2000 but as 1900.

This glitch, the year 2000 problem, could cause computers to stop

running or to start generating erroneous data. The Year 2000 problem

poses a threat to the global economy in which Americans live and work.

With the help of the President's Council on Year 2000 Conversion,

Federal agencies are reaching out to increase awareness

[[Page 53171]]

of the problem and to offer support. We do not want to impose new

requirements that would mandate business process changes when the

resources necessary to implement those requirements would otherwise be

applied to the Year 2000 problem. This proposed rule does not mandate

business process changes or require modifications to computer systems.

Because this proposed rule does not affect organizations' ability to

respond to the Year 2000 problem, we do not intend to delay the

effectiveness of the requirements.

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

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 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 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 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 Sec. 171.7, in paragraph (a)(3), in the table of material

incorporated by reference, the entry ``ASME Code, Sections II (Parts A

and B), V, VIII (Division 1), and IX of 1992 Edition of American

Society of Mechanical Engineers Boiler and Pressure Vessel Code and

Addenda through December 31, 1993'' would be removed and the wording

``ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX

of 1998 Edition of American Society of Mechanical Engineers Boiler and

Pressure Vessel Code'' would be added in its place.

3. In Sec. 171.8, the definitions of ``Aerosol,'' ``EX number'' and

``Placarded car'' would be revised to read as follows:

Sec. 171.8 Definitions and abbreviations.

* * * * *

Aerosol means any non-refillable receptacle containing a gas

compressed, liquefied or dissolved under pressure, the sole purpose of

which is to expel a nonpoisonous (other than an Division 6.1 Packing

Group III material) liquid, paste, or powder and fitted with a self-

closing release device allowing the contents to be ejected by the gas.

* * * * *

EX number means a number preceded by the prefix ``EX'', assigned by

the Associated Administrator for Hazardous Materials Safety, to an item

that has been evaluated under the provisions of Sec. 173.56 of this

subchapter pertaining to explosives.

* * * * *

Placarded car means a rail car which is placarded in accordance

with the requirements of part 172 of this subchapter.

* * * * *

4. In Sec. 171.11, paragraph (d)(5) would be revised and a sentence

would be added at the end of paragraph (d)(14) to read as follows:

Sec. 171.11 Use of ICAO Technical Instructions.

* * * * *

(d) * * *

(5) Except for a Division 2.2 air bag, air bag module, or seat-belt

pretensioner, the shipping paper description must conform to the

requirements of Sec. 173.166(c) of this subchapter.

* * * * *

(14) * * * In addition, an aerosol must be in a metal packaging if

the packaging exceeds 7.22 cubic inches.

* * * * *

5. In Sec. 171.12, a sentence would be added at the end of

paragraph (a) and a new paragraph (b)(19) would be added to read as

follows:

Sec. 171.12 Imports and export shipments.

(a) * * * All shipping paper information required under paragraph

(b) or (d) of this section must be in English.

(b) * * *

(19) Except for Division 2.2, the shipping paper description for an

air bag, air bag module, or seat-belt pretensioner must conform to the

requirements of Sec. 173.166(c) of this subchapter.

* * * * *

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

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

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

follows:

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

7. In Sec. 172.101, paragraphs (b)(2), (b)(6), as redesignated at

64 FR 10753 effective October 1, 1999, and (c)(8) would be revised to

read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

(b) * * *

(2) The letter ``A'' denotes a material that is subject to the

requirements of this subchapter only when offered or intended for

transportation by aircraft, unless the material is a hazardous

substance or a hazardous waste. A shipping description entry preceded

by an ``A'' may be used to describe a material for other modes of

transportation provided all applicable requirements for the entry are

met.

* * * * *

(6) The letter ``W'' denotes a material that is subject to the

requirements of this subchapter only when offered or intended for

transportation by vessel, unless the material is a hazardous substance

or a hazardous waste. A shipping description entry preceded by

[[Page 53172]]

a ``W'' may be used to describe a material for other modes of

transportation provided all applicable requirements for the entry are

met.

(c) * * *

(8) Use of the words ``liquid'' or ``solid''. The words ``liquid''

or ``solid'' may be added to a proper shipping name when a hazardous

material specifically listed by name may due to differing physical

states be a liquid or solid. When the packaging specified in Column 8

is inappropriate for the physical state of the material the table

provided in paragraph (i)(4) of this section should be used to

determine the appropriate packaging section.

* * * * *

Sec. 172.101 [Amended]

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

the following changes would be made:

a. For the entry ``Air, compressed'', Special Provision ``78''

would be added in column 7.

b. For the entry, ``Polychlorinated biphenyls, liquid, UN2315'' in

Column (1) Symbols, ``A, W'' would be removed and Special Provision

``140'' would be added in column 7 in numerical order.

c. For the entry, ``Polychlorinated biphenyls, solid, UN2315'' in

Column (1) Symbols ``A, W'' would be removed and Special Provision

``140'' would be added in column 7 in numerical order.

d. For the entry, ``Sodium chlorate, aqueous solution'', PG II,

Special Provision ``B6,'' would be removed in column 7.

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

by removing and adding, in appropriate alphabetical sequence, the

following entries to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

[[Page 53173]]

Sec. 172.101 Hazardous Materials Table

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

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

materials Hazard -------------------------------------------------------------------------------- requirements

Symbols descriptions and class or Identification PG Label codes Special -------------------------------

proper shipping division numbers provisions Exceptions Non-bulk Bulk Passenger Cargo aircraft

names aircraft/rail only Location Other

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

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

[REMOVE:]

* * * * * *

Chemical kits or 9 UN3316........... ............... 9................. 15............ None.......... None.......... None.......... 10 kg......... 10 kg......... A............. ..............

First aid kits

(containing

hazardous

materials).

* * * * * *

1-Chloro-3- 6.1 UN2688........... III............ 6.1............... T2............ 153........... 203........... 241........... 60 L.......... 220 L......... A............. ..............

bromopropane.

* * * * * *

[ADD:]

* * * * * *

1-bromo-3- 6.1 UN2688........... III............ 6.1............... T2............ 153........... 203........... 241........... 60 L.......... 220 L......... A............. ..............

chloropropane.

* * * * * *

Chemical kits..... 9 UN3316........... ............... 9................. 15............ None.......... None.......... None.......... 10 kg......... 10 kg......... A............. ..............

* * * * * *

First aid kits.... 9 UN3316........... ............... 9................. 15............ None.......... None.......... None.......... 10 kg......... 10 kg......... A............. ..............

* * * * * *

Fumigated

transport vehicle

or freight

container see

Sec. 173.9.

* * * * * *

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

[[Page 53174]]

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

for the following entries, Column 10B would be revised to read as

follows:

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

Old column (10B)

Column (2) entry Column (4) entry PG entry Revised to read:

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

Chloroacetone, stabilized........ UN1695 I 20, 40, 95......... 20, 40.

Compressed gases, toxic, UN1953 ................ 40, 95............. 40.

flammable, n.o.s. Inhalation

hazard Zone A.

Cupriethylenediamine solution.... UN1761 II 95................. ...................

Cyclohexyl isocyanate............ UN2488 I 20, 40, 95......... 20, 40.

3,5-Dichloro-2,4,6- NA9264 I 40, 95............. 40.

trifluoropyridine.

Ethyl phosphonothioic dichloride, NA2927 I 20, 40, 95......... 20, 40.

anhydrous.

Ethyl phosphorodichloridate...... NA2927 I 20, 40, 95......... 20, 40.

Hydrofluoric acid and Sulfuric UN1786 I 40, 95............. 40.

acid mixtures.

Lead dioxide..................... UN1872 III 34................. ...................

Methyldichloroarsine............. NA1556 I 40, 95............. 40.

Oxidizing liquid, corrosive, UN3098 I/II/II 34, 56, 58, 69, 106 56, 58, 69, 106.

n.o.s.. I

Oxidizing liquid, toxic, n.o.s... UN3099 I/II/II 56, 58, 95, 106.... 56, 58, 106.

I

Oxidizing solid, corrosive, UN3085 I/II/II 13, 34, 56, 58, 69, 13, 56, 58, 69,

n.o.s.. I 106. 106.

Oxidizing solid, toxic, n.o.s.... UN3087 I/II/II 56, 58, 69, 95, 106 56, 58, 69, 106.

I

Phenyl isocyanate................ UN2487 I 20, 40, 95......... 20, 40.

Polychlorinated biphenyls........ UN2315 II 34................. 95.

Polyhalogenated biphenyls, liquid UN3151 II 34................. 95.

or Polyhalogenated terphenyls

liquid.

Polyhalogenated biphenyls, solid UN3152 II 34................. 95.

or Polyhalogenated terphenyls,

solid.

Potassium hydrogendifluoride, UN1811 II 26, 40, 95......... 20, 40.

[solution].

Radioactive material, low UN2912 ................ ................... 95.

specific activity, n.o.s. or

Radioactive material, LSA, n.o.s.

Radioactive material, special UN2974 ................ ................... 95.

form, n.o.s.

Radioactive material, surface UN2913 ................ ................... 95.

contaminated object, n.o.s. or

Radioactive material, SCO, n.o.s.

Sodium hydrosulfide, solution.... NA2922 II 40, 95............. 40.

Thorium metal, pyrophoric........ UN2975 ................ ................... 95.

Thorium nitrate, solid........... UN2976 ................ ................... 95.

Toxic liquids, corrosive, UN2927 I 20, 40, 95......... 20, 40.

organic, n.o.s., inhalation

hazard, Packing Group I, Zone A.

Toxic liquids, corrosive, UN2927 I 20, 40, 95......... 20, 40.

organic, n.o.s., inhalation

hazard, Packing Group I, Zone B.

Toxic liquids, flammable, UN2929 I 20, 40, 95......... 20, 40.

organic, n.o.s., inhalation

hazard, Packing Group I, Zone A.

Toxic liquids, flammable, UN2929 I 20, 40, 95......... 20, 40.

organic, n.o.s., inhalation

hazard, Packing Group I, Zone B.

Toxic, liquids, organic, n.o.s. UN2810 I 20, 40, 95......... 20, 40.

Inhalation hazard, Packing Group

I, Zone B.

Toxic, liquids, organic, n.o.s. UN2810 I 20, 40, 95......... 20, 40.

Inhalation hazard, Packing Group

I, Zone A.

Uranium hexafluoride, fissile UN2977 ................ ................... 95.

(with more than 1 percent U-235).

Uranium metal, pyrophoric........ UN2979 ................ ................... 95.

Uranyl nitrate hexahydrate UN2980 ................ ................... 95.

solution.

Uranyl nitrate, solid............ UN2981 ................ ................... 95.

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

10. In Sec. 172.102, in paragraph (c)(1), Special Provisions 78, 79

and 140 would be added and in paragraph (c)(5) Special Provision N10

would be amended by adding a sentence at the end to read as follows:

Sec. 172.102 Special provisions.

* * * * *

(c) * * *

[[Page 53175]]

(1) * * *

Code/Special Provisions

* * * * *

78 This entry may not be used to describe compressed air which

contains more than 23.5 percent oxygen. An oxidizer label is not

required for any oxygen concentration less than or equal to 23.5

percent.

79 This entry may not be used for mixtures that meet the

definition for oxidizing gas.

* * * * *

140 This material is regulated only when it meets the defining

criteria for a hazardous substance or a marine pollutant.

* * * * *

(5) * * *

Code/Special Provisions

* * * * *

N10 * * * The approval number (i.e.,

T-* * *) must be marked on each outer package and on the shipping

paper.

* * * * *

Sec. 172.201 [Amended]

11. In Sec. 172.201, paragraph (a)(1)(ii) would be amended by

revising the reference ``Sec. 172.202(a)(1) and (2), and (3)), or'' to

read ``Sec. 172.202(a)(1), (2), (3), and (4)), or''.

12. In Sec. 172.204, in paragraph (c)(1), in the certification the

word ``packed'' would be removed and the word ``packaged'' would be

added in its place and a note would be added following the

certification to read as follows:

Sec. 172.204 Shipper's certification.

* * * * *

(c) * * *

(1) * * *

Note to paragraph (c)(1): In the certification, the word

``packed'' may be substituted for the word ``package'' until [10

YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].

* * * * *

13. In Sec. 172.332, paragraph (a) would be revised to read as

follows:

Sec. 172.332 Identification number markings.

(a) General. When required by Secs. 172.302, 172.336, 172.328,

172.330, or Sec. 172.331, identification number markings must be

displayed on orange panels or placards as specified in this section, or

on white square-on-point configurations as prescribed in

Sec. 172.336(b).

* * * * *

Sec. 172.336 [Amended]

14. In Sec. 172.336, in paragraph (b), the first sentence would be

amended by removing the wording ``in hazard classes for which hazard

warning placards are not specified,''.

15. In Sec. 172.504, in paragraph (e), Table 2 would be amended by

revising the entry for category 9, and paragraph (f)(8) would be

revised to read as follows:

Sec. 172.504 General placarding requirements.

* * * * *

(e) * * *

Table 2

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

Placard

Category of material (Hazard class design

or division number and additional Placard name section

description, as appropriate) reference

(Sec. )

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

* * * *

* * *

9.................................. Class 9 (see Sec. 172.560

172.504(f)(9)).

* * * *

* * *

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

(f) * * *

(8) For domestic transportation, a POISON INHALATION HAZARD placard

is not required on a transport vehicle or freight container that is

already placarded with the POISON GAS placard.

* * * * *

16. In Sec. 172.516, the first sentence of paragraph (a) would be

revised to read as follows:

Sec. 172.516 Visibility and display of placards.

(a) Each placard on a motor vehicle and each placard on a rail car

must be clearly visible from the direction it faces, except from the

direction of another transport vehicle or rail car to which the motor

vehicle or rail car is coupled. * * *

* * * * *

17. In Sec. 172.519, paragraph (b)(3) would be revised to read as

follows:

Sec. 172.519 General specifications for placards.

* * * * *

(b) * * *

(3) For other than Class 7 or the DANGEROUS placard, text

indicating a hazard (for example, ``FLAMMABLE'') is not required. In

addition, text is not required on the OXYGEN placard provided that the

specific identification number is displayed.

* * * * *

18. In Sec. 172.604, paragraph (c)(2) would be revised to read as

follows:

Sec. 172.604 Emergency response telephone number.

* * * * *

(c) * * *

(2) Materials properly described under the shipping names:

Battery powered equipment

Battery powered vehicle

Carbon dioxide, solid

Castor bean

Castor pomace

Castor flake

Castor meal

Consumer commodity

Dry ice

Engines, internal combustion

Fish meal, stabilized

Refrigerating machine

Wheelchair, electric

Sec. 172.704 [Amended]

19. In Sec. 172.704, the second parenthetical notation in paragraph

(b) would be amended by adding the wording ``or 1910.1200'' immediately

after the wording ``1910.120''.

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

PACKAGINGS

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

follows:

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

Sec. 173.4 [Amended]

21. In Sec. 173.4 the following changes would be made:

a. In paragraph (a)(1)(i), the wording ``Division 6.1, Packing

Group I materials'' would be removed and ``materials poisonous by

inhalation'' added in its place.

[[Page 53176]]

b. In paragraph (a)(1)(ii), the wording ``Division 6.1, Packing

Group I materials'' would be removed and ``materials poisonous by

inhalation'' added in its place.

c. In paragraph (a)(1)(iii), the wording ``Division 6.1, Packing

Group I'' would be removed and ``materials poisonous by inhalation''

added in its place.

22. In addition, in Sec. 173.4, a note would be added following

paragraph (a)(6)(ii) to read as follows:

Sec. 173.4 Small quantity exceptions

(a) * * *

(6) * * *

(ii) * * *

Note to paragraph (a)(6): Each of the tests in paragraph (a)(6)

of this section may be performed on a different but identical

package; i.e., all tests need not be performed on the same package.

* * * * *

23. In Sec. 173. 5, paragraph (a) introductory text would be

revised to read as follows:

Sec. 173.5 Agricultural operations.

(a) For other than a Class 2 material, the transportation of an

agricultural product over local roads between fields of the same farm

is excepted from the requirements of this subchapter. A Class 2

material transported over local roads between fields of the same farm

is excepted from subparts G and H of part 172 of this subchapter. In

either case, transportation of the hazardous material is subject to the

following conditions:

* * * * *

24. In Sec. 173.7, a new paragraph (e) would be added to read as

follows:

Sec. 173.7 U.S. Government material.

* * * * *

(e) Class 1 (explosive) materials owned by the Department of

Defense and packaged prior to January 1, 1990, in accordance with the

requirements of this subchapter in effect at that time, are excepted

from the marking and labeling requirements of part 172 of this

subchapter and the packaging and package marking requirements of part

178 of this subchapter provided the packagings have maintained their

integrity and the explosive material is declared as ``government-owned

goods packaged prior to January 1, 1990'' on the shipping papers.

25. In Sec. 173.12, paragraph (b)(3) would be revised to read as

follows:

Sec. 173.12 Exceptions for shipment of waste materials

* * * * *

(b) * * *

(3) Prohibited materials. Materials meeting the definition of

Division 6.1 Packing Group I, or Division 4.2 Packing Group I, and

bromine pentafluoride; bromine trifluoride; chloric acid; and oleum

(fuming sulfuric acid) may not be packaged or described under the

provisions of this paragraph (b). In addition, a material that meets

the definition of a material poisonous by inhalation may not be offered

for transportation or transported under the provisions of this

paragraph (b).

* * * * *

Sec. 173.13 [Amended]

26. In Sec. 173.13, paragraph (a) would be amended by adding the

parenthetical phrase ``(except for the CARGO AIRCRAFT ONLY label)''

after the word ``labeling'' in the first sentence.

27. In Sec. 173.32, paragraph (e)(3) is revised to read as follows:

Sec. 173.32 Qualification, maintenance and use of portable tanks other

than Specification IM portable tanks.

* * * * *

(e) * * *

(3) Marking. The date of the most recent periodic retest must be

marked on the tank, on or near the metal certification plate. Marking

must be in accordance with Sec. 178.3 of this subchapter, except that a

container manufactured under previously authorized specifications may

continue to be marked with smaller markings if originally authorized

under that specification (e.g., DOT Specification 57 portable tanks).

* * * * *

28. In Sec. 173.60, a new paragraph (b)(14) would be added, to read

as follows:

Sec. 173.60 General packaging requirements for explosives.

* * * * *

(b) * * *

(14) Large and robust explosives articles, normally intended for

military use, without their means of initiation or with their means of

initiation containing at least two effective protective features, may

be carried unpackaged. When such articles have propelling charges or

are self-propelled, their ignition systems shall be protected against

stimuli encountered during normal conditions of transport. A negative

result in Test Series 4 on an unpackaged article indicates that the

article can be considered for transport unpackaged. Such unpackaged

articles may be fixed to cradles or contained in crates or other

suitable handling, storage or launching devices in such a way that they

will not become loose during normal conditions of transport and are in

accordance with established and approved DOD procedures.

29. In Sec. 173.61, paragraph (a) would be revised to read as

follows:

Sec. 173.61 Mixed packaging requirements.

(a) An explosive may not be packed in the same outside packaging

with any material that will adversely affect the explosive. This

provision does not apply to an explosive packaged by the DOD or DOE in

accordance with Sec. 173.7(a).

* * * * *

Sec. 173.62 [Amended]

30. In Sec. 173.62, paragraph (d) would be removed.

Sec. 173.150 [Amended]

31. In Sec. 173.150, the following changes would be made:

a. In paragraph (b) introductory text, the first sentence would be

amended by removing the wording ``and combustible liquids''.

b. In paragraph (f)(3)(iv), the wording ``Placarding'' would be

removed and the wording ``For bulk packagings only, placarding'' added

in its place.

c. In paragraph (f)(3)(viii) the wording ``177.834'' would be

removed and the wording ``177.834(j)'' added in its place.

32. In Sec. 173.166, paragraph (e) introductory text would be

revised, paragraph (f) would be redesignated as paragraph (g) and a new

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

Sec. 173.166 Air bag inflators, air bag modules and seat-belt

pretensioners.

* * * * *

(e) Packagings. The following packagings at the Packing Group III

performance level are authorized:

* * * * *

(f) Shipments for recycling. When offered for domestic

transportation by highway or cargo aircraft only, a serviceable air bag

module or seat-belt pretensioner that has been removed from a motor

vehicle manufactured as required for use in the United States may be

offered for transportation and transported without compliance with the

shipping paper requirement prescribed in paragraph (c) of this section.

However, the word ``Recycled'' must be entered on the shipping paper

immediately after the basic description prescribed in Sec. 172.202 of

this subchapter. No more than one device is authorized in the packaging

prescribed in paragraph (e)(1), (2) or (3) of this section. The device

must be cushioned and secured within the package to prevent movement

during transportation.

* * * * *

[[Page 53177]]

33. In Sec. 173.242, paragraph (c)(1) would be revised to read as

follows:

Sec. 173.242 Bulk packaging for certain medium hazard liquids and

solids, including solids with dual hazards.

* * * * *

(c) * * *

(1) Each tank must have a minimum design pressure of 62 kPa (9

psig) and be equipped in accordance with the following, except that

frangible devices are not authorized:

(i) Each tank must be equipped with at least one pressure relief

device such as a spring-loaded valve or fusible plug.

(ii) Each pressure relief device must communicate with the vapor

space of the tank when the tank is in a normal transportation attitude.

Shutoff valves may not be installed between the tank opening and any

pressure relief device. Pressure relief devices must be mounted,

shielded, or drained to prevent the accumulation of any material that

could impair the operation or discharge capability of the device.

(iii) The total emergency venting capacity (cu. ft./hr.) of each

portable tank must be at least that determined from the following

table:

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

Cubic feet

Total surface area square feet \1\ \2\ free air

per hour

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

20......................................................... 15,800

30......................................................... 23,700

40......................................................... 31,600

50......................................................... 39,500

60......................................................... 47,400

70......................................................... 55,300

80......................................................... 63,300

90......................................................... 71,200

100........................................................ 79,100

120........................................................ 94,900

140........................................................ 110,700

160........................................................ 126,500

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

\1\ Interpolate for intermediate sizes.

\2\ Surface area excludes area of logs.

(A) The pressure operated relief device must open at not less than

3 psig and at not more than the design test pressure of the tank. The

minimum venting capacity for pressure activated vents must be 6,000

cubic feet of free air per hour (measured at 14.7 psia and 60 deg. F.)

at not more than 5 psig.

(B) If a fusible device is used for relieving pressure, the device

must have a minimum area of 1.25 square inches. The device must

function at a temperature between 220 deg. F. and 300 deg. F. and at a

pressure less than the design test pressure of the tank, unless this

latter function is accomplished by a separate device.

(iv) No relief device may be used which would release flammable

vapors under normal conditions of transportation (temperature up to and

including 130 deg. F.).

* * * * *

34. In Sec. 173.247, paragraph (g)(1)(iii)(C) would be revised to

read as follows:

Sec. 173.247 Bulk packaging for certain elevated temperature materials

(Class 9) and certain flammable elevated temperature materials (Class

3).

* * * * *

(g) * * *

(1) * * *

(iii) * * *

(C) For transportation by rail, a nonreclosing pressure relief

device incorporating a rupture disc conforming to the requirements of

Sec. 179.15 of this subchapter.

* * * * *

Sec. 173.306 [Amended]

35. In Sec. 173.306, in paragraph (h)(2), the wording ``hazardous

substance or hazardous waste'' would be removed and the wording

``hazardous substance, a hazardous waste, or a marine pollutant'' would

be added in its place.

36. In Sec. 173.307, paragraph (a)(4) would be revised to read as

follows:

Sec. 173.307 Exceptions for compressed gases.

(a) * * *

(4) Refrigerating machines, including dehumidifiers and air

conditioners, and components thereof such as precharged tubing

containing:

(i) 12 kg (25 pounds) or less of a non-flammable, non-toxic gas;

(ii) 12 L (3 gallons) or less of ammonia solution (UN2672);

(iii) Except when offered or transported by air, 12 kg of a

flammable, non-toxic gas;

(iv) Except when offered or transported by air or vessel, 20 kg (44

pounds) or less of a Group A1 refrigerant specified in ANSI/ASHRAE

Standard 15; or

(v) 100 g (4 ounces) of a flammable, non-toxic liquified gas.

* * * * *

PART 174--CARRIAGE BY RAIL

37. The authority citation for part 174 would continue to read as

follows:

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

Sec. 174.26 [Amended]

38. In Sec. 174.26, the section heading is revised to read as

follows:

Sec. 174.26 Notice to train crews.

* * * * *

39. Section 174.50 would be revised to read as follows:

Sec. 174.50 Nonconforming or leaking packages.

Leaking non-bulk packages may not be forwarded until repaired,

reconditioned, or overpacked in accordance with Sec. 173.3 of this

subchapter. Except as otherwise provided in this section, a bulk

packaging that no longer conforms to this subchapter may not be

forwarded by rail unless repaired or approved for movement by the

Associate Administrator for Safety, Federal Railroad Administration.

Notification and approval must be in writing, or through telephonic or

electronic means, with subsequent written confirmation provided within

two weeks. For the applicable address and telephone number, see

Sec. 107.117(d)(4) of this chapter. A leaking bulk package containing a

hazardous material may be moved without repair or approval only so far

as necessary to reduce or eliminate an immediate threat or harm to

human health or the environment when it is determined its movement

would provide greater safety than allowing the car to remain in place.

In the case of a liquid leak, measures must be taken to prevent the

spread of liquid.

PART 175--CARRIAGE BY AIRCRAFT

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

follows:

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

Sec. 175.25 [Amended]

41. In Sec. 175.25, in paragraph (a)(2)(ii), the wording ``6.0 mm

(0.2 inch)'' would be removed and the wording ``4.0 mm (0.16 inch)''

would be added in its place.

Sec. 175.30 [Amended]

42. In Sec. 175.30, paragraph (d)(1) would be amended by adding the

wording ``, on a pallet or in an overpack'' after the words ``freight

container''.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

follows:

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

44. In Sec. 177.848, paragraph (c) would be revised to read as

follows:

Sec. 177.848 Segregation of hazardous materials.

* * * * *

(c) In addition to the provisions of paragraph (d) of this section,

cyanides or cyanide mixtures may not be loaded or stored with acids if

the cyanide

[[Page 53178]]

material or mixture, when placed in an acid solution, would generate

hydrogen cyanide.

* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

follows:

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

Sec. 178.3 [Amended]

46. In Sec. 178.3, in paragraph (a) introductory text, the wording

``on a non-removable component of the packaging'' would be added

immediately following the word ``marked''.

Sec. 178.345-13 [Amended]

47. In Sec. 178.345-13, in paragraph (a), the wording ``and

Secs. 178-346-13(a), 178-347-13(a) or 178.348-13(a), as applicable''

would be removed.

48. In Sec. 178.603, paragraph (f)(5) is revised to read as

follows:

Sec. 178.603 Drop test.

* * * * *

(f) * * *

(5) Any discharge from a closure is slight and ceases immediately

after impact with no further leakage; and

* * * * *

Sec. 178.605 [Amended]

49. In Sec. 178.605, in paragraph (d)(1), in the last sentence, the

reference ``Sec. 173.24a (b)(3)'' would be revised to read

``Sec. 173.24a (d)''.

Sec. 178.703 [Amended]

50. In Sec. 178.703, in paragraph (a)(1)(ii), the wording ``(1) and

(2)'' would be removed.

51. In Sec. 178.815, a new paragraph (c)(4)(iii) would be added to

read as follows:

Sec. 178.815 Stacking test.

* * * * *

(c) * * *

(4) * * *

(iii) The packaging may be tested using a dynamic compression

testing machine. The test must be conducted at room temperature on an

empty, unsealed packaging. The test sample must be centered on the

bottom platen of the testing machine. The top platen must be lowered

until it comes in contact with the test sample. Compression must be

applied end to end. The speed of the compression tester must be one-

half inch plus or minus one-fourth inch per minute. An initial preload

of 50 pounds must be applied to ensure a definite contact between the

test sample and the platens. The distance between the platens at this

time must be recorded as zero deformation. The force ``A'' to then be

applied must be calculated using the applicable formula:

Liquids: A=(n-1)[w+(s x v x 8.3 x .98)] x 1.5; or

Solids: A=(n-1)[w+(s x v x 8.3 x .95)] x 1.5

Where:

A=applied load in pounds.

n=minimum number of containers that, when stacked, reach a height of 3

m.

s=specific gravity of lading.

w=maximum weight of one empty container in pounds.

v=actual capacity of container (rated capacity + outage) in gallons.

And:

8.3 corresponds to the weight in pounds of 1.0 gallon of water.

1.5 is a compensation factor that converts the static load of the

stacking test into a load suitable for dynamic compression testing.

* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

52. The authority citation for part 179 would continue to read as

follows:

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

Sec. 179.100-20 [Amended]

53. In the table to Sec. 179.100-20, the last entry for ``Water

capacity'' would be removed.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

follows:

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

55. In Sec. 180.417, paragraph (a)(2) would be revised to read as

follows:

Sec. 180.417 Reporting and record retention requirements.

(a) * * *

(2) Each motor carrier who uses a specification cargo tank motor

vehicle must obtain a copy of the manufacturer's certificate and

related papers or the alternative report authorized by paragraph

(a)(3)(i) or (ii) of this section and retain the documents as specified

in this paragraph. A motor carrier who is not the owner of a cargo tank

motor vehicle must also retain a copy of the vehicle certification

report for as long as the cargo tank motor vehicle is used by that

carrier and for one year thereafter. The vehicle certification report

and related papers must be maintained at the company's principal place

of business or at the location where the vehicle is housed or

maintained. The provisions of this section do not apply to a motor

carrier who leases a cargo tank for less than 30 days.

* * * * *

Issued in Washington, DC on September 24, 1999 under authority

delegated in 49 CFR part 106.

Alan I. Roberts,

Associate Administrator for Hazardous Materials Safety.

[FR Doc. 99-25395 Filed 9-29-99; 8:45 am]

BILLING CODE 4910-60-P