[Federal Register Volume 62, Number 185 (Wednesday, September 24, 1997)]
[Proposed Rules]
[Pages 50222-50228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24973]



[[Page 50221]]

_______________________________________________________________________

Part V





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Part 171 et al.



Transportation of Hazardous Materials; Miscellaneous Amendments; 
Proposed Rule

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

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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 
self-addressed stamped postcard. Comments may also be submitted by E-
mail to <a href="/cdn-cgi/l/email-protection#4c3e3920293f0c3e3f3c2d62282338622b233a"><span class="__cf_email__" data-cfemail="25575049405665575655440b414a510b424a53">[email protected]</span></a>. The Dockets Office is located on the Plaza 
Level of the Nassif Building at the U.S. Department of Transportation 
at the above address. Public dockets may be reviewed between the hours 
of 10:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous 
Materials Standards, Research and Special Programs Administration, U.S. 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590-0001, telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION:

Background

    This notice of proposed rulemaking (NPRM) is designed primarily to 
reduce regulatory burdens on industry by incorporating changes into the 
HMR based on RSPA's own initiative and petitions for rulemaking 
submitted in accordance with 49 CFR 106.31. This NPRM also is 
consistent with the goals of the President's Regulatory Reinvention 
Initiative. On March 4, 1995, the President directed Federal agencies 
to perform an extensive review of all agency regulations and eliminate 
or revise those requirements that are outdated or in need of reform. In 
a continuing effort to review the HMR for necessary revisions, RSPA is 
also proposing to eliminate, revise, clarify and relax certain other 
regulatory requirements.
    The following is a section-by-section summary of the proposed 
changes under this notice of proposed rulemaking.

Section-by-Section Review

Part 171

Section 171.7
    The Association of American Railroads (AAR) (P-1315) requested that 
RSPA update the incorporation by reference of the AAR manual, ``AAR 
Manual of Standards and Recommended Practices, Section C-Part III, 
Specifications for Tank Cars, Specification M-1002,'' from the 1992 
edition to the 1996 edition. RSPA and the Federal Railroad 
Administration have reviewed the reference requirements in the 1996 
manual and have determined that there are no substantive changes. 
Therefore, RSPA proposes to incorporate the 1996 edition by reference 
into the HMR.
Section 171.8
    RSPA proposes to add a definition for ``self-defense spray'' to 
correspond with the proposed new entry, ``Self-defense sprays, non-
pressurized, containing not more than 2 percent tear gas substances,'' 
Class 9. (See Sec. 172.101.) RSPA specifically solicits comments on the 
use and scope of the word ``animal'' when defining a self-defense spray 
as having an irritating or incapacitating effect on a person or animal.
    RSPA proposes to revise the definition of ``Marine pollutant'' by 
adding a reference to Sec. 171.4, containing the marine pollutant 
requirements, to facilitate its location by readers. This proposal 
responds to a petitioner (P-1256) who stated that the exceptions 
contained in Sec. 171.4 are often overlooked.
Section 171.18
    Section 171.18 would be removed and reserved in order to delete an 
obsolete section concerning registrations filed with the Bureau of 
Explosives.
Section 171.19
    RSPA proposes to revise Sec. 171.19 to terminate all remaining 
Bureau of Explosives (BOE) approvals, other than those made under 
approval provisions in Part 179. Since 1979, approvals, authorizations 
and registrations issued by the BOE have continued in effect as if 
issued by the Associate Administrator for Hazardous Materials Safety. 
Over the years, the regulations on which these BOE approvals were based 
have been revised or eliminated. The majority of these BOE approvals 
have been converted to approvals issued by the Associate Administrator 
for Hazardous Materials Safety (AAHMS). RSPA believes that the 
remaining BOE approvals are obsolete and proposes to terminate them. 
Any person holding a BOE approval who is affected by this termination 
may file a request for issuance of a new approval by the AAHMS.

Part 172

Section 172.101
    RSPA proposes to add two new entries to the Hazardous Materials 
Table (HMT) and to amend two current entries.
    To clarify that both the aerosol and non-aerosol self-defense 
sprays are subject to the regulations, RSPA proposes to add two new 
entries, ``Self-defense sprays, aerosol containing not more than 2% 
tear gas substances, see Aerosols'' and ``Self-defense sprays, non-
pressurized, containing not more than 2 percent tear gas substances'' 
to the HMT. The Federal Aviation Administration (FAA) has encountered 
numerous problems with airline passengers attempting to carry on their 
persons self-defense sprays, such as mace and pepper spray, having an 
irritating or incapacitating effect. The Federal Aviation Regulations 
(14 CFR 107.21 and 108.11) prohibit the possession of ``deadly or 
dangerous weapons'' on one's person or in carry-on baggage aboard 
aircraft. ``Deadly or dangerous weapons'' include disabling or 
incapacitating items such as tear gas, mace, pepper spray and similar 
chemicals and gases. The spray from these devices is released from 
either an aerosol or a pump. The aerosol type sprays are to be 
transported as aerosols. The HMT currently includes the entry, ``Tear 
gas devices, with not more than 2 percent tear gas substances, by 
mass,'' which references the entry for aerosols. RSPA is aware of 
misunderstanding as to how these materials are classed and described 
under the HMR. Both definitions for Class 6 and Class 9 address 
irritating materials, but do not specify criteria. Also, there is no 
specific entry for devices that are not aerosols. In cases where the 
substance contained in a device does not meet the criteria of any of 
Classes 1 through 8,

[[Page 50223]]

there has been uncertainty as to whether they are subject to the 
regulations.
    RSPA regards self-defense sprays which do not meet toxicity 
criteria for Class 6 as meeting the criterion for Class 9 given in 
Sec. 173.140 (i.e., they could cause extreme annoyance or discomfort to 
a flight crew member so as to prevent the correct performance of 
assigned duties) and is adding an entry in the HMT to regulate them for 
transportation by aircraft only.
    Consistent with the entry for ``Tear gas devices, with not more 
than 2 percent tear gas substances, by mass,'' RSPA proposes to add a 
new entry ``Self-defense sprays, aerosol containing not more than 2% 
tear gas substances,'' which will refer to aerosols. RSPA also proposes 
to add a new entry ``Self-defense sprays, non-pressurized, containing 
not more than 2 percent tear gas substances,'' Class 9, which would be 
assigned the identification number NA3334. This number corresponds to a 
newly created UN entry, UN3334, ``Aviation regulated liquid, n.o.s.'' 
which RSPA will propose for inclusion in the HMR in a later proposal to 
implement changes introduced in the tenth revised edition of the UN 
Recommendations. Related changes are proposed to Sec. 171.8 to add a 
definition for self-defense sprays and to Sec. 175.10 to clarify that 
these items are not allowed to be carried in the passenger compartment 
of an aircraft and provide for carriage of a device by a passenger in 
checked baggage.
    RSPA proposes to amend the entry, ``Detonators, non-electric for 
blasting,'' UN0455 in Column (8A), by correcting the erroneous 
reference ``none'' for packaging exceptions to read ``63(f), 63(g).''
    RSPA proposes to amend the entry ``Trifluoroacetyl chloride'' by 
adding Special Provision ``B7'' to Column (7). Multi-unit tank car 
tanks, containing ``Trifluoroacetyl chloride,'' are authorized to be 
fitted with fusible plugs in accordance with Sec. 179.300-15. A 
petitioner (P-1254), stating that it is the primary supplier and 
shipper of ``Trifluoroacetyl chloride'' in the United States, requested 
that the entry be amended by adding, in Column (7), Special Provision 
B7. Special Provision B7 prohibits the use of pressure relief devices 
on multi-unit tank car tanks and requires openings for relief devices 
to be plugged or blank flanged. The petitioner stated that past 
experience has shown that fusible plugs used on cylinders in 
``Trifluoroacetyl chloride'' service are more likely to corrode or to 
be mishandled when compared to solid steel plugs. In addition, the 
petitioner stated that packagings used to contain other similar 
poisonous by inhalation hazardous materials do not allow the use of 
fusible plugs and that the use of pressure relief devices on cylinders 
containing ``Trifluoroacetyl chloride'' is prohibited. RSPA believes 
the petitioner's request has merit and proposes to amend the entry 
``Trifluoroacetyl chloride,'' in Column (7), by adding ``B7'' to ensure 
the safe transportation of this material in multi-unit tank car tanks.
Section 173.32c
    RSPA proposes to revise paragraph (j) to allow monolithic solid 
materials to be loaded into IM portable tanks to a filling density of 
less than 80 percent by volume. Paragraph (j) currently specifies that 
an IM portable tank, or compartment thereof, having a volume greater 
than 7,500 liters may not be loaded to a filling density less than 80 
percent by volume. This provision was intended to cover liquid and 
flowable solid hazardous materials in order to minimize the risk of 
accidents resulting from the sloshing and shifting of the center of 
gravity. A monolithic solid material which conforms to the tank 
geometry, such that the sloshing and shifting of the center of gravity 
is not possible, can be safely transported in an IM portable tank at a 
filling density of less than 80 percent by volume.
Section 173.40
    Paragraph (d)(1) would be revised to clarify that a box, used to 
provide protection for the cylinder and, unless the cylinder has a 
protective collar or neck ring, protection to the valve against 
accidental functioning and damage, must be made of wood, fiberboard or 
plastic rather than made to a specific UN standard. This proposed 
change would be consistent with similar provisions in Sec. 173.301 
(g)(2) and (k) that permits a nonspecification box to be used for 
protection of the cylinder or valve.
Section 173.56
    RSPA proposes to add new paragraphs (b)(1) (i) and (ii) to 
authorize a person approved by the Associate Administrator for 
Hazardous Materials Safety (AAHMS) to examine and make recommendations 
on the classification of explosives. The proposed paragraphs set out 
the criteria that a person must meet and demonstrate to qualify for 
approval to examine explosives and make recommendations to RSPA 
regarding appropriate shipping descriptions, divisions and 
compatibility groups. A person applying for this approval and a person 
who has obtained such an approval must meet all the criteria in 
paragraphs (b) (i) and (ii) and the provisions in Subpart H of Part 
107. The person applying for this approval must demonstrate that the 
applicant is a resident of the United States; does not manufacture 
explosives; is not controlled by, or financially dependent upon, any 
entity that manufactures or markets explosives; does not perform any 
type of work in the explosives industry other than testing for 
determination of hazard class or performance; and is or employs a 
person who will sign examination and test reports and make 
recommendations for classifications to the AAHMS and who has at least 
ten years experience in the examination, testing and evaluation of 
explosives. To demonstrate compliance with each of these criteria, 
appropriate documentation must be submitted to the AAHMS. RSPA requests 
comments on all of the criteria, and in particular, the requirement for 
ten years' experience.
    RSPA also proposes to revise paragraph (i) by removing wording 
including the phrase ``following examination in accordance with 
paragraph (h) of this section.'' This proposed change will facilitate 
the classification of a material or device without prior examination 
when adequate data is available.
Section 173.156
    Paragraph (b)(1) grants an exception from the marking requirements 
in Sec. 172.316 for ORM-D materials when unitized in cages, carts, 
boxes or similar overpacks and when certain other conditions are met. 
As Sec. 172.316 primarily addresses the required format to display the 
ORM-D marking, a number of inquiries have been directed to RSPA 
requesting guidance as to whether the exception in Sec. 173.156(b)(1) 
provides relief from the requirement to mark the proper shipping name, 
also. RSPA does not require the proper shipping name or other markings 
on packages specified in Subpart D of Part 172 to appear on cages, 
carts, boxes or similar overpacks containing ORM-D materials that are 
offered for transportation or transported according to 
Sec. 173.156(b)(1). To remove that ambiguity, RSPA proposes to revise 
Sec. 173.156(b)(1) by specifically stating that the marking 
requirements of Subpart D of Part 172 do not apply.
Section 173.308
    RSPA proposes to revise paragraph (b), which contains an exception 
from the requirements of Parts 172 and 177, for transporting up to 
1,500 cigarette lighters on one motor vehicle by highway. The revision 
would clarify

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that only the hazard communication requirements in Subparts C through G 
and the training requirements in Subpart H are excepted with respect to 
Part 172. RSPA has received several inquiries as to whether Special 
Provision N10 applies if Part 172 is excepted. The provisions set forth 
in Special Provision N10 apply. As stated in Sec. 172.102(a)(2), if a 
special provision imposes limitations or requirements in addition to 
the packaging provisions referenced in Column 8 of the Sec. 172.101 
Table (e.g., Sec. 173.308), packagings must conform to the requirements 
of the special provision. RSPA also is proposing to require that the 
outer packaging be marked with the required proper shipping name in the 
Sec. 172.101 Hazardous Materials Table or with the words ``CIGARETTE 
LIGHTERS'' and the total number of devices contained in the package. 
This marking will more effectively communicate the presence of these 
hazardous materials during transport and will provide a carrier with 
the information necessary to determine if the exceptions from Part 172 
(hazard communication and training requirements) and Part 177 
requirements apply.
Section 173.469
    In paragraph (a)(4)(i), the value of 1.3  x  10<SUP>-24</SUP> would 
be amended to read 1.3  x  10<SUP>-4</SUP> in order to correct a 
printing error.

Part 175

Section 175.10
    RSPA proposes to amend this section by revising paragraph (a)(4) to 
clarify that all types of self-defense sprays are prohibited from being 
transported by air in a passenger compartment, either on one's person 
or in carry-on baggage. However, one self-defense device, not exceeding 
118 ml (4 fluid ounces) per passenger, would be allowed in checked 
baggage, provided the device incorporates a positive means to prevent 
accidental discharge. Also see earlier preamble discussion to 
Secs. 171.8 and 172.101. This revision also would clarify that the 
quantity limits in paragraphs (a)(4)(i) and (a)(4)(ii) apply to both 
medicinal and toilet articles and to Division 2.2 aerosols for sporting 
or home use.
Section 175.25
    Paragraph (a) requires that aircraft operators display notices 
warning passengers against carrying undeclared hazardous materials 
aboard aircraft, in their luggage or on their persons. The notice 
wording, in paragraph (a)(1), contains obsolete information on the 
statutory citation and the penalties. To reflect codification of the 
Federal hazardous material transportation law under 49 U.S.C. 5101-
5127, RSPA proposes to revise the citation ``(49 U.S.C. 1809)'' to read 
``(49 U.S.C. 5124)''. In addition, current paragraph (a)(1) states that 
each notice must state, `` A violation can result in penalties of up to 
$25,000 and five years'' imprisonment (49 U.S.C. 1809).'' In 1990, 
Congress amended the Federal hazardous materials transportation law to 
increase criminal penalties from $25,000 to penalties provided by Title 
18 of the United States Code. Title 18 provides for fines of $250,000 
for individuals and $500,000 for companies. RSPA believes that the cost 
to change the notices each time the penalty amount is increased is 
unnecessarily burdensome for aircraft operators. Therefore, RSPA 
proposes to amend the wording required in the notice to state that a 
violation can result in five years' imprisonment and penalties of 
$250,000 or more (49 U.S.C. 5124). In addition, a new paragraph (a)(4) 
would be added to allow aircraft operators to display existing notices 
containing the obsolete language until January 1, 2002.
    RSPA proposes, also, to lower the quantity limit for medicinal and 
toilet articles carried in a passenger's luggage from 75 ounces to 70 
ounces, consistent with the exception provided in Sec. 175.10(a)(4)(i).
Section 175.26
    This section requires each person who engages in the acceptance or 
transport of cargo for transportation by aircraft to display a notice, 
to persons offering such cargo, of the applicable requirements for 
hazardous materials aboard aircraft. RSPA proposes to amend the wording 
required in the notice to state that a violation can result in five 
years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). 
In addition, a new paragraph (a)(4) would be added to allow each person 
who accepts or transports cargo for transportation by aircraft to 
display existing notices containing the obsolete language until January 
1, 2002.

Part 177

Section 177.834
    RSPA proposes to permit an IM portable tank to be unloaded while 
remaining on a transport vehicle with the power unit attached if the 
tank meets the outlet requirements in Sec. 178.345-11 and the IM 
portable tank is attended during the unloading, as currently required 
for cargo tank motor vehicles under Sec. 177.834(i). The last sentence 
in paragraph (h) would be revised to permit the unloading of an IM 
portable tank without being removed from the motor vehicle. A new 
paragraph (o) would contain the tank outlet requirement and require 
compliance with the attendance requirements in paragraph (i). Section 
171.8 defines a portable tank as a ``bulk packaging (except a cylinder 
having a water capacity of 1,000 pounds or less) designed primarily to 
be loaded onto, or on, or temporarily attached to a transport vehicle 
or ship and equipped with skids, mountings, or accessories to 
facilitate handling of the tank by mechanical means * * * '' Thus, 
portable tanks are not intended to be filled or emptied while attached 
to a transport vehicle or a ship during transportation. This is in 
contrast with the definition of a cargo tank which states ``* * * 
which, by reason of its size, construction or attachment to a motor 
vehicle is loaded or unloaded without being removed from the motor 
vehicle.'' Because of the size and weight of many fully loaded IM 
portable tanks, there are increasing demands to unload these portable 
tanks while they remain on the transport vehicle with the power unit 
attached. RSPA believes that requiring consignees to have hoisting 
equipment at their unloading facilities and requiring a fully loaded 
portable tank to be removed from the vehicle is more burdensome and 
less safe than allowing the tank to remain on the vehicle during 
unloading.
Section 177.848
    Based on a Federal Highway Administration initiative, in the 
paragraph (f) Compatibility Table for Class 1 (Explosive) Materials, 
the entry ``4'' for compatibility groups B and D suggests that all 
items in groups B and D may be transported together. Groups B and D are 
not compatible. However, a domestic exception (4) is allowed for 
Detonators when they are transported in accordance with restrictions in 
Sec. 177.835(g). To avoid the possibility of incompatible explosives 
being transported together, RSPA proposes to clarify the restriction by 
replacing the entry ``4'' with the entry ``X<INF>(4)</INF>''.

Part 178

Section 178.65
    Paragraph (i)(2)(viii)(A) is revised to update the citation ``49 
U.S.C. 1809'' to read ``49 U.S.C. 5124.''
Sections 178.352 through 178.364
    Several specification packaging requirements for radioactive 
materials

[[Page 50225]]

contain obsolete section references. RSPA proposes to update these 
section references.

Part 180

Section 180.405
    The regulations at Sec. 173.33(b)(1), in effect prior to December 
31, 1990, read: ``A cargo tank of the specification listed in Column 1 
may be used when authorized in this part, provided the tank 
construction began before the date in Column 2.'' This provision 
applied to MC 300, 301, 302, 303, 304, 305, 310, 311 and 330 cargo tank 
motor vehicles. RSPA proposes to revise paragraph (c)(1) to recognize 
that the date marked on these older cargo tanks was the date initial 
construction began rather than the date construction was completed. 
This proposed wording also is consistent with the wording in paragraph 
(b) of this section.
    In addition, paragraph (f) would be revised to allow the continued 
use of a cargo tank equipped with a self-closing system before 
September 1, 1993, but remarked and certified after that date.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034).
    The costs and benefits asociated with this proposed rule are 
considered to be so minimal as to not warrant preparation of a 
regulatory impact analysis or regulatory evaluation. This determination 
may be revised as a result of public comment.

B. Executive Order 12612

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612 
(``Federalism''). Federal law expressly preempts State, local, and 
Indian tribe requirements applicable to the transportation of hazardous 
material that cover certain subjects and are not substantively the same 
as the Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (i) The designation, description, and classification of hazardous 
material;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (iii) The preparation, execution, and use of shipping documents 
pertaining to hazardous material and requirements respecting the 
number, content, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (v) The design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous material.
    This proposed rule concerns the classification, packaging, marking, 
labeling, and handling of hazardous material, among other covered 
subjects.
    If adopted as final, this rule would preempt any State, local, or 
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR 
107.202(d)) as the Federal requirements.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects after November 16, 
1990, DOT must determine and publish in the Federal Register the 
effective date of Federal preemption. That effective date may not be 
earlier than the 90th day following the date of issuance of the final 
rule and not later than two years after the date of issuance. RSPA 
requests comments on what the effective date of Federal preemption 
should be for the requirements in this proposed rule that concern 
covered subjects.

C. Regulatory Flexibility Act

    This proposed rule would amend miscellaneous provisions in the HMR, 
generally to clarify those provisions and to relax requirements that 
are overly burdensome. The proposed changes in this rule are generally 
intended to provide relief to shippers, carriers, and packaging 
manufacturers, some of whom are small entities (e.g., governmental 
jurisdictions and not-for-profit organizations). The costs and benefits 
associated with this proposed rule are considered to be so minimal as 
to not warrant preparation of a regulatory impact analysis or 
regulatory evaluation. Therefore, I certify that this proposal will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities.

D. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to a collection of information unless it displays a valid OMB 
control number. This NPRM does not propose any new information 
collection burdens. Information collection requirements addressing the 
approval of explosives in Sec. 173.56 are currently approved under OMB 
approval number 2137-0557. This approval expires July 31, 1999.

E. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

F. Unfunded Mandates Reform Act

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more to either State, local, or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labels, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 175

    Hazardous materials transportation, Air carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.

[[Page 50226]]

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, 49 CFR chapter I is proposed to 
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS AND DEFINITIONS

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

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


Sec. 171.7  [Amended]

    2. In the Sec. 171.7(a)(3) Table, under ``Association of American 
Railroads'', for the entry ``AAR Manual of Standards and Recommended 
Practices, Section C--Part III, Specifications for Tank Cars, 
Specification M-1002'', the date ``September 1992'' would be revised to 
read ``January 1996''.
    3. In Sec. 171.8, the following definition is added in the 
appropriate alphabetical order to read as follows:


Sec. 171.8  Definitions and abbreviations.

* * * * *
    Self-defense spray means an aerosol or non-pressurized device 
containing a material:
    (1) Intended to have an irritating or incapacitating effect on a 
person or animal, but not more than 2 percent by mass, of a tear gas 
substance; and
    (2) Meeting no hazard criteria other than Sec. 173.132(a)(2) or 
Sec. 173.140(a) of this subchapter and, for an aerosol, Division 2.1 or 
2.2.
* * * * *


Sec. 171.8  [Amended]

    4. In addition, in Sec. 171.8, for the definition ``Marine 
pollutant'', in the first sentence, the wording ``this subchapter 
and,'' would be removed and ``this subchapter (also see Sec. 171.4) 
and,'' would be added in its place.


Sec. 171.18  [Removed and Reserved]

    5. Section 171.18 would be removed and reserved.
    6. Section 171.19 would be revised to read as follows:


Sec. 171.19  Approvals or authorizations issued by the Bureau of 
Explosives.

    Effective [90 days from the effective date of the Final Rule], all 
approvals or authorizations issued by the Bureau of Explosives (BOE), 
other than as authorized in part 179 of this subchapter, are no longer 
valid.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

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

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

    8. In Sec. 172.101, the Hazardous Materials Table would be amended 
by adding the following entries, in appropriate alphabetical order, to 
read as follows:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                            Sec.  172.101--Hazardous Materials Table                                                                            
                                                                                                                                                                                                
                                                                                                            (8)  Packaging (Sec.  173.***)           (9)  Quantity         (10)  Vessel stowage 
                 Hazardous                                                                             ---------------------------------------        limitations       ------------------------
                 materials       Hazard     Identification                                   Special                                          --------------------------                        
  Symbols    descriptions and   class or       numbers           PG         Label codes     provisions                                          Passenger      Cargo                            
              proper shipping   division                                                                 Exceptions    Non-bulk       Bulk      aircraft/     aircraft     Location      Other  
                   names                                                                                                                           rail         only                            
(1)          (2).............         (3)  (4)............  (5)........  (6).............  (7)........  (8A).......  (8B).......  (8C).......  (9A).......  (9B).......  (10A)......  (10B)     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
  [ADD]                                                                                                                                                                                         
             xl[ADD].........                                                                                                                                                                   
             Self-defense      ..........  ...............  ...........  ................  ...........  ...........  ...........  ...........  ...........  ...........  ...........  ..........
              sprays,                                                                                                                                                                  .......  
              aerosol,                                                                                                                                                                          
              containing not                                                                                                                                                                    
              more than 2%                                                                                                                                                                      
              tear gas                                                                                                                                                                          
              substances, see                                                                                                                                                                   
              Aerosols, etc.                                                                                                                                                                    
+AD........  Self-defense               9  NA3334.........  III........  9...............  ...........  155........  203........  None.......  No limit...  No limit...  ...........  ..........
              sprays, non-                                                                                                                                                             .......  
              pressurized,                                                                                                                                                                      
              containing not                                                                                                                                                                    
              more than 2%                                                                                                                                                                      
              tear gas                                                                                                                                                                          
              substances.                                                                                                                                                                       
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 172.101  [Amended]

    9. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
the following changes would be made:
    a. For the entry, ``Detonators, non-electric for blasting.'', 
UN0455, in Column (8A), the reference ``none'' would be revised to read 
``63(f), 63(g)''.
    b. For the entry ``Trifluoroacetyl chloride'', in Column (7), 
Special Provision ``B7,'' would be added immediately following ``2,''.

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

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

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

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


Sec. 173.32c  Use of Specification IM portable tanks.

* * * * *
    (j) An IM portable tank or compartment thereof, having a volume 
greater than 7,500 liters, may not be loaded with hazardous material 
liquid or nonmonolithic solids to a filling density less than 80 
percent by volume.
* * * * *


Sec. 173.40  [Amended]

    12. In Sec. 173.40, in paragraph (d)(1), in the first sentence, the 
wording ``4C1, 4D, 4F, 4G, 4H1 or 4H2 box'' is removed and ``wood, 
fiberboard or plastic box'' is added in its place.

[[Page 50227]]

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


Sec. 173.56  New explosives--definition and procedures for 
classification and approval.

* * * * *
    (b) * * *
    (1) Except for explosives made by or under the direction or 
supervision of the Departments of Defense or Energy, a new explosive 
must:
    (i) Be examined and assigned a recommended shipping description, 
division and compatibility group, based on the tests and criteria 
prescribed in Secs. 173.52, 173.57 and 173.58, by a person who--
    (A) Is a resident of the United States;
    (B) Has (directly or through an employee) at least ten years of 
experience in the examination, testing and evaluation of explosives;
    (C) Does not manufacture or market explosives, and is not 
controlled by or financially dependent on any entity that manufactures 
or markets explosives, and whose work with respect to explosives is 
limited to examination, testing and evaluation; and
    (D) Is approved by the Associate Administrator for Hazardous 
Materials Safety under the provisions of subpart H of part 107 of this 
chapter.
    (ii) Receive a written approval and EX-number from the Associate 
Administrator for Hazardous Materials Safety. A person requesting 
approval of a new explosive must submit to the Associate Administrator 
for Hazardous Materials Safety a report of examination and assignment 
of recommended shipping description, division, and compatibility group 
prepared in accordance with paragraph (b)(1)(i) of this section.
* * * * *


Sec. 173.56  [Amended]

    14. In addition, in Sec. 173.56, in paragraph (i), the wording ``, 
following examination in accordance with paragraph (b) of this section, 
revise its'' would be removed and the wording ``make a'' would be added 
in its place.
    15. In Sec. 173.156, paragraph (b)(1) introductory text would be 
revised to read as follows:


Sec. 173.156  Exceptions for ORM materials.

* * * * *
    (b) * * *
    (1) Strong outer packagings as specified in this part, marking 
requirements specified in subpart D of Part 172 of this subchapter, and 
the 30 kg (66 pounds) gross weight limitation are not required for 
materials classed as ORM-D when--
* * * * *
    16. In Sec. 173.308, paragraph (b) would be revised to read as 
follows:


Sec. 173.308  Cigarette lighter or other similar device charged with 
fuel.

* * * * *
    (b) When no more than 1,500 devices covered by this section are 
transported in one motor vehicle by highway, the requirements of 
subparts C through H of part 172, and part 177 of this subchapter do 
not apply. However, each person who offers for transportation or 
transports the devices or prepares the devices for shipment must be 
informed of the requirements of this section. The outer packaging, as 
specified in Special Provision N10 of Sec. 172.102(c)(5) of this 
subchapter, must be plainly and durably marked with the required proper 
shipping name specified in Sec. 172.101 of this subchapter or the words 
``CIGARETTE LIGHTERS'' and the number of devices contained in the 
package.
* * * * *


Sec. 173.469  [Amended]

    17. In Sec. 173.469(a)(4)(i), in the second sentence, the 
mathematical expression ``(1.3  x  10<SUP>-24</SUP>'' would be removed 
and ``(1.3  x  10<SUP>-4</SUP>'' would be added in its place.

PART 175--CARRIAGE BY AIRCRAFT

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

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    19. In Sec. 175.10, paragraph (a)(4) would be revised to read as 
follows:


Sec. 175.10  Exceptions.

    (a) * * *
    (4) When carried by a passenger or crew member for personal use, 
the following materials that, in the aggregate, do not exceed 2kg (4.4 
pounds) by mass or 2 liters (68 fluid ounces) by volume and where the 
capacity of each container does not exceed 0.5kg (1.1 pounds) by mass 
or 470 ml (16 fluid ounces) by volume are subject to the following 
conditions:
    (i) Non-radioactive medicinal and toilet articles (including 
aerosols), may be carried in checked or carry-on baggage
    (ii) One self-defense spray (see Sec. 171.8 of this subchapter), 
not exceeding 118 ml (4 fluid ounces) by volume, that incorporates a 
positive means to prevent accidental discharge may be carried in 
checked baggage only
    (iii) Other aerosols in Division 2.2 with no subsidiary risk may be 
carried in checked baggage only.
* * * * *
    20. In Sec. 175.25, in paragraph (a)(1), the second and fifth full 
paragraphs of the notice would be revised and a new paragraph (a)(4) 
would be added to read as follows:


Sec. 175.25  Notification at air passenger facilities of hazardous 
materials restrictions.

    (a) * * *
    (1) * * *

    A violation can result in five years' imprisonment and penalties 
of $250,000 or more (49 U.S.C. 5124).
* * * * *
    There are special exceptions for small quantities (up to 70 
ounces total) of medicinal and toilet articles carried in your 
luggage and certain smoking materials carried on your person.
* * * * *
    (4) Notwithstanding the requirements of paragraph (a)(1) of this 
section, a notice with the wording ``A violation can result in 
penalties of up to $25,000 and five years imprisonment. (49 U.S.C. 
1809)'' may be used until December 31, 2001.
* * * * *
    21. In Sec. 175.26, paragraph (a)(2) is revised and a new paragraph 
(a)(4) is added to read as follows:


Sec. 175.26  Notification at cargo facilities of hazardous materials 
requirements.

    (a) * * *
    (2) A violation can result in five years' imprisonment and 
penalties of $250,000 or more (49 U.S.C. 5124).
* * * * *
    (4) Notwithstanding the requirements of paragraph (a)(2) of this 
section, a notice with the wording ``A violation can result in 
penalties of up to $25,000 and five years imprisonment (49 U.S.C. 
1809)'' may be used until December 31, 2001.''
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

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

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


Sec. 177.834  [Amended]

    23. In Sec. 177.834, in paragraph (h), in the next to the last 
sentence, the wording ``cargo tank'' would be removed and the wording 
``cargo tank or IM portable tank'' would be added in its place and a 
new paragraph (o) would be added to read as follows:


Sec. 177.834  General requirements.

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

[[Page 50228]]

while remaining on a transport vehicle with the power unit attached if 
the tank meets the outlet requirements in Sec. 178.345-11 of this 
subchapter and the tank is attended by a qualified person during the 
unloading in accordance with the requirements in paragraph (i) of this 
section.


Sec. 177.848  [Amended]

    24. In Sec. 177.848, in paragraph (f) in the Compatibility Table 
for Class 1 (Explosive) Materials, for compatibilty group B, under the 
column headed ``D'' and for compatibility group D, under the column 
headed ``B'', the entry ``4'' would be removed and ``X<INF>(4)</INF>'' 
would be added in both places.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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


Sec. 178.352-4  [Amended]

    26. In Sec. 178.352-4, at the end of the section, the section 
reference ``Sec. 178.103(3)(c)(1)'' would be revised to read 
``Sec. 178.352-3(c)(1)''.


Sec. 178.354-2  [Amended]

    27. In Sec. 178.354-2, in the first sentence of paragraph (a), the 
section reference ``Sec. 178.104-5'' would be revised to read 
``Sec. 178.354-5''.


Sec. 178.354-3  [Amended]

    28. In Sec. 178.354-3, in paragraph (c) introductory text, the 
section reference ``Sec. 178.104-3(a)(1)'' would be revised to read 
``paragraph (a)(1) of this section''.


Sec. 178.354-5  [Amended]

    29. In Sec. 178.354-5, in paragraph (a), the wording ``Sec. 173.24 
of this chapter'' would be revised to read ``Sec. 178.3''.


Sec. 178.356-4  [Amended]

    30. In Sec. 178.356-4, in paragraph (a), the wording ``Sec. 173.24 
of this subchapter'' would be revised to read ``Sec. 178.3''.


Sec. 178.358-3  [Amended]

    31. In Sec. 178.358-3, the following changes would be made:
    a. In paragraph (b)(6), the section reference ``Sec. 178.121-5(c)'' 
would be revised to read ``Sec. 178.358-5(c)''.
    b. In paragraph (c), the section reference ``Sec. 178.121-5(b)'' 
would be revised to read ``Sec. 178.358-5''.


Sec. 178.358-5  [Amended]

    32. In Sec. 178.358-5, in paragraph (a), the wording ``Sec. 173.24 
of this subchapter'' would be revised to read ``Sec. 178.3''.


Sec. 178.360-2  [Amended]

    33. In Sec. 178.360-2, the section reference ``Sec. 178.34-4'' 
would be revised to read ``Sec. 178.360-4''.


Sec. 178.362-3  [Amended]

    34. In Sec. 178.362-3, in paragraph (b), the section reference 
``Sec. 178.104-4'' would be revised to read ``178.354-4''.


Sec. 178.364-5  [Amended]

    35. In Sec. 178.364-5, in paragraph (a), the wording ``Sec. 173.24 
of this subchapter'' would be revised to read ``Sec. 178.3''.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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

    37. In Sec. 180.405, paragraph (c)(1) would be revised, paragraph 
(f)(7) would be redesignated as paragraph (f)(8) and new paragraph 
(f)(7) would be added to read as follows:


Sec. 180.405  Qualification of cargo tanks.

* * * * *
    (c) * * *
    (1) A cargo tank made to a specification listed in Column 1 of 
Table 1 or Table 2 of this paragraph (c)(1) may be used when authorized 
in this part, provided--
    (i) The cargo tank initial construction began on or before the date 
listed in Table 1, Column 2, as follows:

                                 Table 1                                
------------------------------------------------------------------------
                Column 1                             Column 2           
------------------------------------------------------------------------
MC 300.................................  Sept. 2, 1967.                 
MC 301.................................  June 12, 1961.                 
MC 302, MC 303, MC 304, MC 305, MC 310,  Sept. 2, 1967.                 
 MC 311.                                                                
MC 330.................................  May 15, 1967.                  
------------------------------------------------------------------------

    (ii) The cargo tank was marked or certified before the date listed 
in Table 2, Column 2, as follows:

                                 Table 2                                
------------------------------------------------------------------------
                Column 1                             Column 2           
------------------------------------------------------------------------
MC 306, MC 307, MC 312.................  Sept. 1, 1995.                 
------------------------------------------------------------------------

* * * * *
    (f) * * *
    (7) A cargo tank remarked and certified in conformance with this 
paragraph (f) is excepted from the provisions of paragraph (c) of this 
section.
* * * * *
    Issued in Washington, DC on September 16, 1997, under authority 
delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 97-24973 Filed 9-23-97; 8:45 am]
BILLING CODE 4910-60-P


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