50222 Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 171, 172, 173, 175, 177,

178 and 180

[Docket No. RSPA–97–2905 (HM–166Y)]

RIN 2137–AC41

Transportation of Hazardous Materials;

Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: RSPA proposes to make

miscellaneous amendments to the

Hazardous Materials Regulations (HMR)

based on petitions for rulemaking and

RSPA initiative. These proposed

amendments are intended to update,

clarify or provide relief from certain

regulatory requirements.

DATES: Comments must be received by

November 24, 1997.

ADDRESSES: Address comments to the

Dockets Unit, U.S. Department of

Transportation, Room PL 401, 400

Seventh St., SW., Washington, DC

20590–0001. Comments should identify

the docket number, RSPA–97–2905

(HM–166Y) and should be submitted in

two copies. Persons wishing to receive

confirmation of receipt of their

comments should include a selfaddressed stamped postcard. Comments

may also be submitted by E-mail to

rules@rspa.dot.gov. The Dockets Office

is located on the Plaza Level of the

Nassif Building at the U.S. Department

of Transportation at the above address.

Public dockets may be reviewed

between the hours of 10:00 a.m. and

5:00 p.m., Monday through Friday,

except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joan

McIntyre, Office of Hazardous Materials

Standards, Research and Special

Programs Administration, U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590–0001, telephone (202) 366–8553.

SUPPLEMENTARY INFORMATION:

Background

This notice of proposed rulemaking

(NPRM) is designed primarily to reduce

regulatory burdens on industry by

incorporating changes into the HMR

based on RSPA’s own initiative and

petitions for rulemaking submitted in

accordance with 49 CFR 106.31. This

NPRM also is consistent with the goals

of the President’s Regulatory

Reinvention Initiative. On March 4,

1995, the President directed Federal

agencies to perform an extensive review

of all agency regulations and eliminate

or revise those requirements that are

outdated or in need of reform. In a

continuing effort to review the HMR for

necessary revisions, RSPA is also

proposing to eliminate, revise, clarify

and relax certain other regulatory

requirements.

The following is a section-by-section

summary of the proposed changes under

this notice of proposed rulemaking.

Section-by-Section Review

Part 171

Section 171.7

The Association of American

Railroads (AAR) (P–1315) requested that

RSPA update the incorporation by

reference of the AAR manual, ‘‘AAR

Manual of Standards and Recommended

Practices, Section C–Part III,

Specifications for Tank Cars,

Specification M–1002,’’ from the 1992

edition to the 1996 edition. RSPA and

the Federal Railroad Administration

have reviewed the reference

requirements in the 1996 manual and

have determined that there are no

substantive changes. Therefore, RSPA

proposes to incorporate the 1996 edition

by reference into the HMR.

Section 171.8

RSPA proposes to add a definition for

‘‘self-defense spray’’ to correspond with

the proposed new entry, ‘‘Self-defense

sprays, non-pressurized, containing not

more than 2 percent tear gas

substances,’’ Class 9. (See § 172.101.)

RSPA specifically solicits comments on

the use and scope of the word ‘‘animal’’

when defining a self-defense spray as

having an irritating or incapacitating

effect on a person or animal.

RSPA proposes to revise the

definition of ‘‘Marine pollutant’’ by

adding a reference to § 171.4, containing

the marine pollutant requirements, to

facilitate its location by readers. This

proposal responds to a petitioner (P–

1256) who stated that the exceptions

contained in § 171.4 are often

overlooked.

Section 171.18

Section 171.18 would be removed and

reserved in order to delete an obsolete

section concerning registrations filed

with the Bureau of Explosives.

Section 171.19

RSPA proposes to revise § 171.19 to

terminate all remaining Bureau of

Explosives (BOE) approvals, other than

those made under approval provisions

in Part 179. Since 1979, approvals,

authorizations and registrations issued

by the BOE have continued in effect as

if issued by the Associate Administrator

for Hazardous Materials Safety. Over the

years, the regulations on which these

BOE approvals were based have been

revised or eliminated. The majority of

these BOE approvals have been

converted to approvals issued by the

Associate Administrator for Hazardous

Materials Safety (AAHMS). RSPA

believes that the remaining BOE

approvals are obsolete and proposes to

terminate them. Any person holding a

BOE approval who is affected by this

termination may file a request for

issuance of a new approval by the

AAHMS.

Part 172

Section 172.101

RSPA proposes to add two new

entries to the Hazardous Materials Table

(HMT) and to amend two current

entries.

To clarify that both the aerosol and

non-aerosol self-defense sprays are

subject to the regulations, RSPA

proposes to add two new entries, ‘‘Selfdefense sprays, aerosol containing not

more than 2% tear gas substances, see

Aerosols’’ and ‘‘Self-defense sprays,

non-pressurized, containing not more

than 2 percent tear gas substances’’ to

the HMT. The Federal Aviation

Administration (FAA) has encountered

numerous problems with airline

passengers attempting to carry on their

persons self-defense sprays, such as

mace and pepper spray, having an

irritating or incapacitating effect. The

Federal Aviation Regulations (14 CFR

107.21 and 108.11) prohibit the

possession of ‘‘deadly or dangerous

weapons’’ on one’s person or in carryon baggage aboard aircraft. ‘‘Deadly or

dangerous weapons’’ include disabling

or incapacitating items such as tear gas,

mace, pepper spray and similar

chemicals and gases. The spray from

these devices is released from either an

aerosol or a pump. The aerosol type

sprays are to be transported as aerosols.

The HMT currently includes the entry,

‘‘Tear gas devices, with not more than

2 percent tear gas substances, by mass,’’

which references the entry for aerosols.

RSPA is aware of misunderstanding as

to how these materials are classed and

described under the HMR. Both

definitions for Class 6 and Class 9

address irritating materials, but do not

specify criteria. Also, there is no

specific entry for devices that are not

aerosols. In cases where the substance

contained in a device does not meet the

criteria of any of Classes 1 through 8,
Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Proposed Rules 50223

there has been uncertainty as to whether

they are subject to the regulations.

RSPA regards self-defense sprays

which do not meet toxicity criteria for

Class 6 as meeting the criterion for Class

9 given in § 173.140 (i.e., they could

cause extreme annoyance or discomfort

to a flight crew member so as to prevent

the correct performance of assigned

duties) and is adding an entry in the

HMT to regulate them for transportation

by aircraft only.

Consistent with the entry for ‘‘Tear

gas devices, with not more than 2

percent tear gas substances, by mass,’’

RSPA proposes to add a new entry

‘‘Self-defense sprays, aerosol containing

not more than 2% tear gas substances,’’

which will refer to aerosols. RSPA also

proposes to add a new entry ‘‘Selfdefense sprays, non-pressurized,

containing not more than 2 percent tear

gas substances,’’ Class 9, which would

be assigned the identification number

NA3334. This number corresponds to a

newly created UN entry, UN3334,

‘‘Aviation regulated liquid, n.o.s.’’

which RSPA will propose for inclusion

in the HMR in a later proposal to

implement changes introduced in the

tenth revised edition of the UN

Recommendations. Related changes are

proposed to § 171.8 to add a definition

for self-defense sprays and to § 175.10 to

clarify that these items are not allowed

to be carried in the passenger

compartment of an aircraft and provide

for carriage of a device by a passenger

in checked baggage.

RSPA proposes to amend the entry,

‘‘Detonators, non-electric for blasting,’’

UN0455 in Column (8A), by correcting

the erroneous reference ‘‘none’’ for

packaging exceptions to read ‘‘63(f),

63(g).’’

RSPA proposes to amend the entry

‘‘Trifluoroacetyl chloride’’ by adding

Special Provision ‘‘B7’’ to Column (7).

Multi-unit tank car tanks, containing

‘‘Trifluoroacetyl chloride,’’ are

authorized to be fitted with fusible

plugs in accordance with § 179.300–15.

A petitioner (P–1254), stating that it is

the primary supplier and shipper of

‘‘Trifluoroacetyl chloride’’ in the United

States, requested that the entry be

amended by adding, in Column (7),

Special Provision B7. Special Provision

B7 prohibits the use of pressure relief

devices on multi-unit tank car tanks and

requires openings for relief devices to be

plugged or blank flanged. The petitioner

stated that past experience has shown

that fusible plugs used on cylinders in

‘‘Trifluoroacetyl chloride’’ service are

more likely to corrode or to be

mishandled when compared to solid

steel plugs. In addition, the petitioner

stated that packagings used to contain

other similar poisonous by inhalation

hazardous materials do not allow the

use of fusible plugs and that the use of

pressure relief devices on cylinders

containing ‘‘Trifluoroacetyl chloride’’ is

prohibited. RSPA believes the

petitioner’s request has merit and

proposes to amend the entry

‘‘Trifluoroacetyl chloride,’’ in Column

(7), by adding ‘‘B7’’ to ensure the safe

transportation of this material in multiunit tank car tanks.

Section 173.32c

RSPA proposes to revise paragraph (j)

to allow monolithic solid materials to be

loaded into IM portable tanks to a filling

density of less than 80 percent by

volume. Paragraph (j) currently specifies

that an IM portable tank, or

compartment thereof, having a volume

greater than 7,500 liters may not be

loaded to a filling density less than 80

percent by volume. This provision was

intended to cover liquid and flowable

solid hazardous materials in order to

minimize the risk of accidents resulting

from the sloshing and shifting of the

center of gravity. A monolithic solid

material which conforms to the tank

geometry, such that the sloshing and

shifting of the center of gravity is not

possible, can be safely transported in an

IM portable tank at a filling density of

less than 80 percent by volume.

Section 173.40

Paragraph (d)(1) would be revised to

clarify that a box, used to provide

protection for the cylinder and, unless

the cylinder has a protective collar or

neck ring, protection to the valve against

accidental functioning and damage,

must be made of wood, fiberboard or

plastic rather than made to a specific

UN standard. This proposed change

would be consistent with similar

provisions in § 173.301 (g)(2) and (k)

that permits a nonspecification box to

be used for protection of the cylinder or

valve.

Section 173.56

RSPA proposes to add new

paragraphs (b)(1) (i) and (ii) to authorize

a person approved by the Associate

Administrator for Hazardous Materials

Safety (AAHMS) to examine and make

recommendations on the classification

of explosives. The proposed paragraphs

set out the criteria that a person must

meet and demonstrate to qualify for

approval to examine explosives and

make recommendations to RSPA

regarding appropriate shipping

descriptions, divisions and

compatibility groups. A person applying

for this approval and a person who has

obtained such an approval must meet all

the criteria in paragraphs (b) (i) and (ii)

and the provisions in Subpart H of Part

107. The person applying for this

approval must demonstrate that the

applicant is a resident of the United

States; does not manufacture explosives;

is not controlled by, or financially

dependent upon, any entity that

manufactures or markets explosives;

does not perform any type of work in

the explosives industry other than

testing for determination of hazard class

or performance; and is or employs a

person who will sign examination and

test reports and make recommendations

for classifications to the AAHMS and

who has at least ten years experience in

the examination, testing and evaluation

of explosives. To demonstrate

compliance with each of these criteria,

appropriate documentation must be

submitted to the AAHMS. RSPA

requests comments on all of the criteria,

and in particular, the requirement for

ten years’ experience.

RSPA also proposes to revise

paragraph (i) by removing wording

including the phrase ‘‘following

examination in accordance with

paragraph (h) of this section.’’ This

proposed change will facilitate the

classification of a material or device

without prior examination when

adequate data is available.

Section 173.156

Paragraph (b)(1) grants an exception

from the marking requirements in

§ 172.316 for ORM–D materials when

unitized in cages, carts, boxes or similar

overpacks and when certain other

conditions are met. As § 172.316

primarily addresses the required format

to display the ORM–D marking, a

number of inquiries have been directed

to RSPA requesting guidance as to

whether the exception in § 173.156(b)(1)

provides relief from the requirement to

mark the proper shipping name, also.

RSPA does not require the proper

shipping name or other markings on

packages specified in Subpart D of Part

172 to appear on cages, carts, boxes or

similar overpacks containing ORM–D

materials that are offered for

transportation or transported according

to § 173.156(b)(1). To remove that

ambiguity, RSPA proposes to revise

§ 173.156(b)(1) by specifically stating

that the marking requirements of

Subpart D of Part 172 do not apply.

Section 173.308

RSPA proposes to revise paragraph

(b), which contains an exception from

the requirements of Parts 172 and 177,

for transporting up to 1,500 cigarette

lighters on one motor vehicle by

highway. The revision would clarify
50224 Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Proposed Rules

that only the hazard communication

requirements in Subparts C through G

and the training requirements in

Subpart H are excepted with respect to

Part 172. RSPA has received several

inquiries as to whether Special

Provision N10 applies if Part 172 is

excepted. The provisions set forth in

Special Provision N10 apply. As stated

in § 172.102(a)(2), if a special provision

imposes limitations or requirements in

addition to the packaging provisions

referenced in Column 8 of the § 172.101

Table (e.g., § 173.308), packagings must

conform to the requirements of the

special provision. RSPA also is

proposing to require that the outer

packaging be marked with the required

proper shipping name in the § 172.101

Hazardous Materials Table or with the

words ‘‘CIGARETTE LIGHTERS’’ and

the total number of devices contained in

the package. This marking will more

effectively communicate the presence of

these hazardous materials during

transport and will provide a carrier with

the information necessary to determine

if the exceptions from Part 172 (hazard

communication and training

requirements) and Part 177

requirements apply.

Section 173.469

In paragraph (a)(4)(i), the value of 1.3

× 10¥24 would be amended to read 1.3

× 10¥4 in order to correct a printing

error.

Part 175

Section 175.10

RSPA proposes to amend this section

by revising paragraph (a)(4) to clarify

that all types of self-defense sprays are

prohibited from being transported by air

in a passenger compartment, either on

one’s person or in carry-on baggage.

However, one self-defense device, not

exceeding 118 ml (4 fluid ounces) per

passenger, would be allowed in checked

baggage, provided the device

incorporates a positive means to prevent

accidental discharge. Also see earlier

preamble discussion to §§ 171.8 and

172.101. This revision also would

clarify that the quantity limits in

paragraphs (a)(4)(i) and (a)(4)(ii) apply

to both medicinal and toilet articles and

to Division 2.2 aerosols for sporting or

home use.

Section 175.25

Paragraph (a) requires that aircraft

operators display notices warning

passengers against carrying undeclared

hazardous materials aboard aircraft, in

their luggage or on their persons. The

notice wording, in paragraph (a)(1),

contains obsolete information on the

statutory citation and the penalties. To

reflect codification of the Federal

hazardous material transportation law

under 49 U.S.C. 5101–5127, RSPA

proposes to revise the citation ‘‘(49

U.S.C. 1809)’’ to read ‘‘(49 U.S.C.

5124)’’. In addition, current paragraph

(a)(1) states that each notice must state,

‘‘ A violation can result in penalties of

up to $25,000 and five years’’

imprisonment (49 U.S.C. 1809).’’ In

1990, Congress amended the Federal

hazardous materials transportation law

to increase criminal penalties from

$25,000 to penalties provided by Title

18 of the United States Code. Title 18

provides for fines of $250,000 for

individuals and $500,000 for

companies. RSPA believes that the cost

to change the notices each time the

penalty amount is increased is

unnecessarily burdensome for aircraft

operators. Therefore, RSPA proposes to

amend the wording required in the

notice to state that a violation can result

in five years’ imprisonment and

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

5124). In addition, a new paragraph

(a)(4) would be added to allow aircraft

operators to display existing notices

containing the obsolete language until

January 1, 2002.

RSPA proposes, also, to lower the

quantity limit for medicinal and toilet

articles carried in a passenger’s luggage

from 75 ounces to 70 ounces, consistent

with the exception provided in

§ 175.10(a)(4)(i).

Section 175.26

This section requires each person who

engages in the acceptance or transport of

cargo for transportation by aircraft to

display a notice, to persons offering

such cargo, of the applicable

requirements for hazardous materials

aboard aircraft. RSPA proposes to

amend the wording required in the

notice to state that a violation can result

in five years’ imprisonment and

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

5124). In addition, a new paragraph

(a)(4) would be added to allow each

person who accepts or transports cargo

for transportation by aircraft to display

existing notices containing the obsolete

language until January 1, 2002.

Part 177

Section 177.834

RSPA proposes to permit an IM

portable tank to be unloaded while

remaining on a transport vehicle with

the power unit attached if the tank

meets the outlet requirements in

§ 178.345–11 and the IM portable tank

is attended during the unloading, as

currently required for cargo tank motor

vehicles under § 177.834(i). The last

sentence in paragraph (h) would be

revised to permit the unloading of an IM

portable tank without being removed

from the motor vehicle. A new

paragraph (o) would contain the tank

outlet requirement and require

compliance with the attendance

requirements in paragraph (i). Section

171.8 defines a portable tank as a ‘‘bulk

packaging (except a cylinder having a

water capacity of 1,000 pounds or less)

designed primarily to be loaded onto, or

on, or temporarily attached to a

transport vehicle or ship and equipped

with skids, mountings, or accessories to

facilitate handling of the tank by

mechanical means * * * ’’ Thus,

portable tanks are not intended to be

filled or emptied while attached to a

transport vehicle or a ship during

transportation. This is in contrast with

the definition of a cargo tank which

states ‘‘* * * which, by reason of its

size, construction or attachment to a

motor vehicle is loaded or unloaded

without being removed from the motor

vehicle.’’ Because of the size and weight

of many fully loaded IM portable tanks,

there are increasing demands to unload

these portable tanks while they remain

on the transport vehicle with the power

unit attached. RSPA believes that

requiring consignees to have hoisting

equipment at their unloading facilities

and requiring a fully loaded portable

tank to be removed from the vehicle is

more burdensome and less safe than

allowing the tank to remain on the

vehicle during unloading.

Section 177.848

Based on a Federal Highway

Administration initiative, in the

paragraph (f) Compatibility Table for

Class 1 (Explosive) Materials, the entry

‘‘4’’ for compatibility groups B and D

suggests that all items in groups B and

D may be transported together. Groups

B and D are not compatible. However,

a domestic exception (4) is allowed for

Detonators when they are transported in

accordance with restrictions in

§ 177.835(g). To avoid the possibility of

incompatible explosives being

transported together, RSPA proposes to

clarify the restriction by replacing the

entry ‘‘4’’ with the entry ‘‘X(4)’’.

Part 178

Section 178.65

Paragraph (i)(2)(viii)(A) is revised to

update the citation ‘‘49 U.S.C. 1809’’ to

read ‘‘49 U.S.C. 5124.’’

Sections 178.352 through 178.364

Several specification packaging

requirements for radioactive materials
Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Proposed Rules 50225

contain obsolete section references.

RSPA proposes to update these section

references.

Part 180

Section 180.405

The regulations at § 173.33(b)(1), in

effect prior to December 31, 1990, read:

‘‘A cargo tank of the specification listed

in Column 1 may be used when

authorized in this part, provided the

tank construction began before the date

in Column 2.’’ This provision applied to

MC 300, 301, 302, 303, 304, 305, 310,

311 and 330 cargo tank motor vehicles.

RSPA proposes to revise paragraph

(c)(1) to recognize that the date marked

on these older cargo tanks was the date

initial construction began rather than

the date construction was completed.

This proposed wording also is

consistent with the wording in

paragraph (b) of this section.

In addition, paragraph (f) would be

revised to allow the continued use of a

cargo tank equipped with a self-closing

system before September 1, 1993, but

remarked and certified after that date.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This proposed rule is not considered

a significant regulatory action under

section 3(f) of Executive Order 12866

and, therefore, was not reviewed by the

Office of Management and Budget. This

rule is not significant under the

Regulatory Policies and Procedures of

the Department of Transportation (44 FR

11034).

The costs and benefits asociated with

this proposed rule are considered to be

so minimal as to not warrant

preparation of a regulatory impact

analysis or regulatory evaluation. This

determination may be revised as a result

of public comment.

B. Executive Order 12612

This proposed rule has been analyzed

in accordance with the principles and

criteria contained in Executive Order

12612 (‘‘Federalism’’). Federal law

expressly preempts State, local, and

Indian tribe requirements applicable to

the transportation of hazardous material

that cover certain subjects and are not

substantively the same as the Federal

requirements. 49 U.S.C. 5125(b)(1).

These subjects are:

(i) The designation, description, and

classification of hazardous material;

(ii) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous material;

(iii) The preparation, execution, and

use of shipping documents pertaining to

hazardous material and requirements

respecting the number, content, and

placement of those documents;

(iv) The written notification,

recording, and reporting of the

unintentional release in transportation

of hazardous material; or

(v) The design, manufacturing,

fabrication, marking, maintenance,

reconditioning, repairing, or testing of a

package or container which is

represented, marked, certified, or sold

as qualified for use in the transportation

of hazardous material.

This proposed rule concerns the

classification, packaging, marking,

labeling, and handling of hazardous

material, among other covered subjects.

If adopted as final, this rule would

preempt any State, local, or Indian tribe

requirements concerning these subjects

unless the non-Federal requirements are

‘‘substantively the same’’ (see 49 CFR

107.202(d)) as the Federal requirements.

Federal law (49 U.S.C. 5125(b)(2))

provides that if DOT issues a regulation

concerning any of the covered subjects

after November 16, 1990, DOT must

determine and publish in the Federal

Register the effective date of Federal

preemption. That effective date may not

be earlier than the 90th day following

the date of issuance of the final rule and

not later than two years after the date of

issuance. RSPA requests comments on

what the effective date of Federal

preemption should be for the

requirements in this proposed rule that

concern covered subjects.

C. Regulatory Flexibility Act

This proposed rule would amend

miscellaneous provisions in the HMR,

generally to clarify those provisions and

to relax requirements that are overly

burdensome. The proposed changes in

this rule are generally intended to

provide relief to shippers, carriers, and

packaging manufacturers, some of

whom are small entities (e.g.,

governmental jurisdictions and not-forprofit organizations). The costs and

benefits associated with this proposed

rule are considered to be so minimal as

to not warrant preparation of a

regulatory impact analysis or regulatory

evaluation. Therefore, I certify that this

proposal will not, if promulgated, have

a significant economic impact on a

substantial number of small entities.

D. Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995, no person is required to

respond to a collection of information

unless it displays a valid OMB control

number. This NPRM does not propose

any new information collection

burdens. Information collection

requirements addressing the approval of

explosives in § 173.56 are currently

approved under OMB approval number

2137–0557. This approval expires July

31, 1999.

E. Regulation Identifier Number (RIN)

A regulation identifier number (RIN)

is assigned to each regulatory action

listed in the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number contained in the

heading of this document can be used

to cross-reference this action with the

Unified Agenda.

F. Unfunded Mandates Reform Act

This proposed rule does not impose

unfunded mandates under the

Unfunded Mandates Reform Act of

1995. It does not result in costs of $100

million or more to either State, local, or

tribal governments, in the aggregate, or

to the private sector, and is the least

burdensome alternative that achieves

the objective of the rule.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials

transportation, Hazardous waste,

Imports, Incorporation by reference,

Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation,

Hazardous waste, Labels, Markings,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation,

Packaging and containers, Radioactive

materials, Reporting and recordkeeping

requirements, Uranium.

49 CFR Part 175

Hazardous materials transportation,

Air carriers, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 177

Hazardous materials transportation,

Motor carriers, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 178

Hazardous materials transportation,

Motor vehicle safety, Packaging and

containers, Reporting and recordkeeping

requirements.
50226 Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Proposed Rules

49 CFR Part 180

Hazardous materials transportation,

Motor carriers, Motor vehicle safety,

Packaging and containers, Reporting

and recordkeeping requirements.

In consideration of the foregoing, 49

CFR chapter I is proposed to be

amended as follows:

PART 171—GENERAL INFORMATION,

REGULATIONS AND DEFINITIONS

1. The authority citation for part 171

would continue to read as follows:

Authority: 49 U.S.C. 5101–5127, 49 CFR

1.53.

§ 171.7 [Amended]

2. In the § 171.7(a)(3) Table, under

‘‘Association of American Railroads’’,

for the entry ‘‘AAR Manual of Standards

and Recommended Practices, Section

C—Part III, Specifications for Tank Cars,

Specification M–1002’’, the date

‘‘September 1992’’ would be revised to

read ‘‘January 1996’’.

3. In § 171.8, the following definition

is added in the appropriate alphabetical

order to read as follows:

§ 171.8 Definitions and abbreviations.

* * * * *

Self-defense spray means an aerosol

or non-pressurized device containing a

material:

(1) Intended to have an irritating or

incapacitating effect on a person or

animal, but not more than 2 percent by

mass, of a tear gas substance; and

(2) Meeting no hazard criteria other

than § 173.132(a)(2) or § 173.140(a) of

this subchapter and, for an aerosol,

Division 2.1 or 2.2.

* * * * *

§ 171.8 [Amended]

4. In addition, in § 171.8, for the

definition ‘‘Marine pollutant’’, in the

first sentence, the wording ‘‘this

subchapter and,’’ would be removed

and ‘‘this subchapter (also see § 171.4)

and,’’ would be added in its place.

§ 171.18 [Removed and Reserved]

5. Section 171.18 would be removed

and reserved.

6. Section 171.19 would be revised to

read as follows:

§ 171.19 Approvals or authorizations

issued by the Bureau of Explosives.

Effective [90 days from the effective

date of the Final Rule], all approvals or

authorizations issued by the Bureau of

Explosives (BOE), other than as

authorized in part 179 of this

subchapter, are no longer valid.

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

7. The authority citation for part 172

would continue to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

8. In § 172.101, the Hazardous

Materials Table would be amended by

adding the following entries, in

appropriate alphabetical order, to read

as follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *

§ 172.101—HAZARDOUS MATERIALS TABLE

Symbols

Hazardous materials descriptions

and proper shipping names

Hazard class

or division

Identification

numbers PG Label codes Special provisions

(8)

Packaging (§ 173.***)

(9)

Quantity limitations

(10)

Vessel stowage

Exceptions Non-bulk Bulk Passenger

aircraft/rail

Cargo aircraft only Location Other

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

* * * * * * *

xl[ADD].

Self-defense

sprays, aerosol, containing not

more than

2% tear gas

substances,

see

Aerosols, etc.

.................. ................. ................. ........................ ................. ................. ................. ................. ................. ................. ................. .................

+AD ......... Self-defense

sprays, nonpressurized,

containing

not more

than 2% tear

gas substances.

9 NA3334 ... III ............. 9 ..................... ................. 155 .......... 203 .......... None ........ No limit .... No limit .... ................. .................

* * * * * * *

§ 172.101 [Amended]

9. In addition, in § 172.101, in the

Hazardous Materials Table, the

following changes would be made:

a. For the entry, ‘‘Detonators, nonelectric for blasting.’’, UN0455, in

Column (8A), the reference ‘‘none’’

would be revised to read ‘‘63(f), 63(g)’’.

b. For the entry ‘‘Trifluoroacetyl

chloride’’, in Column (7), Special

Provision ‘‘B7,’’ would be added

immediately following ‘‘2,’’.

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

10. The authority citation for part 173

would continue to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.45, 1.53.

11. In § 173.32c, paragraph (j) would

be revised to read as follows:

§ 173.32c Use of Specification IM portable

tanks.

* * * * *

(j) An IM portable tank or

compartment thereof, having a volume

greater than 7,500 liters, may not be

loaded with hazardous material liquid

or nonmonolithic solids to a filling

density less than 80 percent by volume.

* * * * *

§ 173.40 [Amended]

12. In § 173.40, in paragraph (d)(1), in

the first sentence, the wording ‘‘4C1, 4D,

4F, 4G, 4H1 or 4H2 box’’ is removed and

‘‘wood, fiberboard or plastic box’’ is

added in its place.
Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Proposed Rules 50227

13. In § 173.56, paragraph (b)(1)

would be revised to read as follows:

§ 173.56 New explosives—definition and

procedures for classification and approval.

* * * * *

(b) * * *

(1) Except for explosives made by or

under the direction or supervision of the

Departments of Defense or Energy, a

new explosive must:

(i) Be examined and assigned a

recommended shipping description,

division and compatibility group, based

on the tests and criteria prescribed in

§§ 173.52, 173.57 and 173.58, by a

person who—

(A) Is a resident of the United States;

(B) Has (directly or through an

employee) at least ten years of

experience in the examination, testing

and evaluation of explosives;

(C) Does not manufacture or market

explosives, and is not controlled by or

financially dependent on any entity that

manufactures or markets explosives,

and whose work with respect to

explosives is limited to examination,

testing and evaluation; and

(D) Is approved by the Associate

Administrator for Hazardous Materials

Safety under the provisions of subpart H

of part 107 of this chapter.

(ii) Receive a written approval and

EX-number from the Associate

Administrator for Hazardous Materials

Safety. A person requesting approval of

a new explosive must submit to the

Associate Administrator for Hazardous

Materials Safety a report of examination

and assignment of recommended

shipping description, division, and

compatibility group prepared in

accordance with paragraph (b)(1)(i) of

this section.

* * * * *

§ 173.56 [Amended]

14. In addition, in § 173.56, in

paragraph (i), the wording ‘‘, following

examination in accordance with

paragraph (b) of this section, revise its’’

would be removed and the wording

‘‘make a’’ would be added in its place.

15. In § 173.156, paragraph (b)(1)

introductory text would be revised to

read as follows:

§ 173.156 Exceptions for ORM materials.

* * * * *

(b) * * *

(1) Strong outer packagings as

specified in this part, marking

requirements specified in subpart D of

Part 172 of this subchapter, and the 30

kg (66 pounds) gross weight limitation

are not required for materials classed as

ORM–D when—

* * * * *

16. In § 173.308, paragraph (b) would

be revised to read as follows:

§ 173.308 Cigarette lighter or other similar

device charged with fuel.

* * * * *

(b) When no more than 1,500 devices

covered by this section are transported

in one motor vehicle by highway, the

requirements of subparts C through H of

part 172, and part 177 of this subchapter

do not apply. However, each person

who offers for transportation or

transports the devices or prepares the

devices for shipment must be informed

of the requirements of this section. The

outer packaging, as specified in Special

Provision N10 of § 172.102(c)(5) of this

subchapter, must be plainly and durably

marked with the required proper

shipping name specified in § 172.101 of

this subchapter or the words

‘‘CIGARETTE LIGHTERS’’ and the

number of devices contained in the

package.

* * * * *

§ 173.469 [Amended]

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

sentence, the mathematical expression

‘‘(1.3 × 10–24’’ would be removed and

‘‘(1.3 × 10–4’’ would be added in its

place.

PART 175—CARRIAGE BY AIRCRAFT

18. The authority citation for part 175

would continue to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

19. In § 175.10, paragraph (a)(4)

would be revised to read as follows:

§ 175.10 Exceptions.

(a) * * *

(4) When carried by a passenger or

crew member for personal use, the

following materials that, in the

aggregate, do not exceed 2kg (4.4

pounds) by mass or 2 liters (68 fluid

ounces) by volume and where the

capacity of each container does not

exceed 0.5kg (1.1 pounds) by mass or

470 ml (16 fluid ounces) by volume are

subject to the following conditions:

(i) Non-radioactive medicinal and

toilet articles (including aerosols), may

be carried in checked or carry-on

baggage

(ii) One self-defense spray (see § 171.8

of this subchapter), not exceeding 118

ml (4 fluid ounces) by volume, that

incorporates a positive means to prevent

accidental discharge may be carried in

checked baggage only

(iii) Other aerosols in Division 2.2

with no subsidiary risk may be carried

in checked baggage only.

* * * * *

20. In § 175.25, in paragraph (a)(1),

the second and fifth full paragraphs of

the notice would be revised and a new

paragraph (a)(4) would be added to read

as follows:

§ 175.25 Notification at air passenger

facilities of hazardous materials

restrictions.

(a) * * *

(1) * * *

A violation can result in five years’

imprisonment and penalties of $250,000 or

more (49 U.S.C. 5124).

* * * * *

There are special exceptions for small

quantities (up to 70 ounces total) of

medicinal and toilet articles carried in your

luggage and certain smoking materials

carried on your person.

* * * * *

(4) Notwithstanding the requirements

of paragraph (a)(1) of this section, a

notice with the wording ‘‘A violation

can result in penalties of up to $25,000

and five years imprisonment. (49 U.S.C.

1809)’’ may be used until December 31,

2001.

* * * * *

21. In § 175.26, paragraph (a)(2) is

revised and a new paragraph (a)(4) is

added to read as follows:

§ 175.26 Notification at cargo facilities of

hazardous materials requirements.

(a) * * *

(2) A violation can result in five years’

imprisonment and penalties of $250,000

or more (49 U.S.C. 5124).

* * * * *

(4) Notwithstanding the requirements

of paragraph (a)(2) of this section, a

notice with the wording ‘‘A violation

can result in penalties of up to $25,000

and five years imprisonment (49 U.S.C.

1809)’’ may be used until December 31,

2001.’’

* * * * *

PART 177—CARRIAGE BY PUBLIC

HIGHWAY

22. The authority citation for part 177

would continue to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

§ 177.834 [Amended]

23. In § 177.834, in paragraph (h), in

the next to the last sentence, the

wording ‘‘cargo tank’’ would be

removed and the wording ‘‘cargo tank or

IM portable tank’’ would be added in its

place and a new paragraph (o) would be

added to read as follows:

§ 177.834 General requirements.

* * * * *

(o) Unloading of IM portable tanks.

An IM portable tank may be unloaded
50228 Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Proposed Rules

while remaining on a transport vehicle

with the power unit attached if the tank

meets the outlet requirements in

§ 178.345–11 of this subchapter and the

tank is attended by a qualified person

during the unloading in accordance

with the requirements in paragraph (i)

of this section.

§ 177.848 [Amended]

24. In § 177.848, in paragraph (f) in

the Compatibility Table for Class 1

(Explosive) Materials, for compatibilty

group B, under the column headed ‘‘D’’

and for compatibility group D, under the

column headed ‘‘B’’, the entry ‘‘4’’

would be removed and ‘‘X(4)’’ would be

added in both places.

PART 178—SPECIFICATIONS FOR

PACKAGINGS

25. The authority citation for part 178

would continue to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

§ 178.352–4 [Amended]

26. In § 178.352–4, at the end of the

section, the section reference

‘‘§ 178.103(3)(c)(1)’’ would be revised to

read ‘‘§ 178.352–3(c)(1)’’.

§ 178.354–2 [Amended]

27. In § 178.354–2, in the first

sentence of paragraph (a), the section

reference ‘‘§ 178.104–5’’ would be

revised to read ‘‘§ 178.354–5’’.

§ 178.354–3 [Amended]

28. In § 178.354–3, in paragraph (c)

introductory text, the section reference

‘‘§ 178.104–3(a)(1)’’ would be revised to

read ‘‘paragraph (a)(1) of this section’’.

§ 178.354–5 [Amended]

29. In § 178.354–5, in paragraph (a),

the wording ‘‘§ 173.24 of this chapter’’

would be revised to read ‘‘§ 178.3’’.

§ 178.356–4 [Amended]

30. In § 178.356–4, in paragraph (a),

the wording ‘‘§ 173.24 of this

subchapter’’ would be revised to read

‘‘§ 178.3’’.

§ 178.358–3 [Amended]

31. In § 178.358–3, the following

changes would be made:

a. In paragraph (b)(6), the section

reference ‘‘§ 178.121–5(c)’’ would be

revised to read ‘‘§ 178.358–5(c)’’.

b. In paragraph (c), the section

reference ‘‘§ 178.121–5(b)’’ would be

revised to read ‘‘§ 178.358–5’’.

§ 178.358–5 [Amended]

32. In § 178.358–5, in paragraph (a),

the wording ‘‘§ 173.24 of this

subchapter’’ would be revised to read

‘‘§ 178.3’’.

§ 178.360–2 [Amended]

33. In § 178.360–2, the section

reference ‘‘§ 178.34–4’’ would be revised

to read ‘‘§ 178.360–4’’.

§ 178.362–3 [Amended]

34. In § 178.362–3, in paragraph (b),

the section reference ‘‘§ 178.104–4’’

would be revised to read ‘‘178.354–4’’.

§ 178.364–5 [Amended]

35. In § 178.364–5, in paragraph (a),

the wording ‘‘§ 173.24 of this

subchapter’’ would be revised to read

‘‘§ 178.3’’.

PART 180—CONTINUING

QUALIFICATION AND MAINTENANCE

OF PACKAGINGS

36. The authority citation for part 180

would continue to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

37. In § 180.405, paragraph (c)(1)

would be revised, paragraph (f)(7)

would be redesignated as paragraph

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

added to read as follows:

§ 180.405 Qualification of cargo tanks.

* * * * *

(c) * * *

(1) A cargo tank made to a

specification listed in Column 1 of

Table 1 or Table 2 of this paragraph

(c)(1) may be used when authorized in

this part, provided—

(i) The cargo tank initial construction

began on or before the date listed in

Table 1, Column 2, as follows:

TABLE 1

Column 1 Column 2

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

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

MC 302, MC 303, MC 304,

MC 305, MC 310, MC

311.

Sept. 2, 1967.

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

(ii) The cargo tank was marked or

certified before the date listed in Table

2, Column 2, as follows:

TABLE 2

Column 1 Column 2

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

* * * * *

(f) * * *

(7) A cargo tank remarked and

certified in conformance with this

paragraph (f) is excepted from the

provisions of paragraph (c) of this

section.

* * * * *

Issued in Washington, DC on September

16, 1997, under authority delegated in 49

CFR part 106.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

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

BILLING CODE 4910–60–P