51554 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 107, 171, 172, 173, 175,

176, 177, 178, 179, and 180

[Docket No. RSPA–97–2910 (HM–189N)]

RIN 2137–AD09

Hazardous Materials Regulations;

Editorial Corrections and Clarifications

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule corrects

editorial errors, makes minor regulatory

changes, and in response to requests for

clarification, improves the clarity of

certain provisions to the Hazardous

Materials Regulations (HMR). The

intended effect of this rule is to enhance

the accuracy and reduce

misunderstandings of the HMR. The

amendments contained in this rule are

minor editorial changes and do not

impose new requirements.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Charles E. Betts, Office of Hazardous

Materials Standards, (202) 366–8553,

Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590–0001.

SUPPLEMENTARY INFORMATION:

Background

RSPA annually reviews the

Hazardous Materials Regulations (HMR)

to identify errors which may confuse

readers. Inaccuracies corrected in this

final rule include typographical errors,

incorrect references to other rules and

regulations in the CFR, inconsistent use

of terminology, and misstatements of

certain regulatory requirements. In

response to inquiries RSPA received

concerning the clarity of particular

requirements specified in the HMR,

certain other changes are made to

reduce uncertainties.

Because these amendments do not

impose new requirements, notice and

public procedure are unnecessary. In

addition, making these amendments

effective without the customary 30-day

delay following publication will allow

the changes to appear in the next

revision of 49 CFR.

The following is a section-by-section

summary of the amendments made

under this final rule. It does not discuss

editorial corrections (e.g., typographical,

capitalization and punctuation errors),

changes to legal citations and certain

other minor adjustments to enhance the

clarity of the HMR.

Section-by-Section Review

Part 107

Section 107.105

Paragraph (a) is revised to add in

clarification that the exemption must be

written in English.

Section 107.117

Paragraph (d)(5) is revised to correct

the name of the office within the United

States Coast Guard designated to receive

applications for emergency exemptions.

Appendix A to Subpart D

Appendix A to Subpart D of Part

107—Guidelines For Civil Penalties is

revised to correct section or cite

references that were incorrectly

published under Docket HM–207F

published on January 21, 1997.

Part 171

Section 171.6

In § 171.6, in paragraphs (a) and (b),

the references to the ‘‘Paperwork

Reduction Act of 1980’’ are removed

and replaced with the ‘‘Paperwork

Reduction Act of 1995’’ to incorporate

the 1995 amendments to the Paperwork

Reduction Act. In paragraph (b)(2), the

table is revised to incorporate numerous

changes to the information collections.

The changes are due to rulemaking

actions and information collection

activities under the Paperwork

Reduction Act of 1995.

Section 171.7

In the paragraph (a)(3) table of

material incorporated by reference, the

address for the American Society for

Testing and Materials is updated. In

paragraph (b), reference to the standard

‘‘Guidelines for Selecting Preferred

Highway Routes for Highway Route

Controlled Quantity Shipments of

Radioactive Materials [51 FR 5968

February 18, 1986] Effective March 20,

1986, HMT–166T’’ which was

incorporated by reference in § 177.825 is

removed. Section 177.825 was removed

under a previous rulemaking, HM–

222A.

Sections 171.8, 171.12 and 171.15

Editorial revisions are made to

remove obsolete section references.

Part 172

Section 172.101

The Hazardous Materials Table (the

Table) is amended as follows:

For the entry ‘‘Accumulators,

pressurized, pneumatic or hydraulic

(containing non-flammable gas)’’, the

label code ‘‘2.1’’ is removed and a label

code ‘‘2.2’’ is added to correct a

typographical error.

For the entry ‘‘Hydrogen chloride

anhydrous,’’ column (7) is corrected by

removing Special Provision ‘‘B43’’ and

adding Special Provision ‘‘3’’.

For the entry ‘‘Jet perforating guns

charged oil well, with detonator, 1.1D,

NA0124’’ column (7), is corrected by

removing the reference to ‘‘D55’’ and

replacing it with ‘‘55’’.

For the entry ‘‘Mercury (contained in

manufactured articles)’’, in column (5)

packing group ‘‘I’’ is removed and

packing group ‘‘III’’ is added to correct

a typographical error.

For the entries ‘‘Propellant, liquid,

1.3C, UN0495’’, ‘‘Propellant, liquid,

1.1C, UN0497’’, ‘‘Propellant, solid, 1.1C,

UN0498’’ and ‘‘Propellant, solid, 1.3C,

UN0499’’ packing group ‘‘II’’ is added in

column (5).

A new entry ‘‘Radioactive material,

excepted package-empty package or

empty packaging’’ is added in

appropriate alphabetical order. This

entry was deleted in error under a

previous rulemaking.

Appendix A to § 172.101

Paragraph 4 corrects two column

references.

Section 172.203

In paragraph (k)(3), RSPA is

correcting the proper shipping name

‘‘Hydrogen gases mixtures compressed,

n.o.s.’’ to read ‘‘Hydrocarbon gases

mixtures compressed, n.o.s.’’ due to a

printing error. Under Docket HM–215B

(62 FR 24720) published on May 6,

1997, the entry was added to the list of

generic proper shipping names which

require a technical name.

Section 172. 204

A grammatical error is corrected in

paragraph (b)(1).

Part 173

Section 173.6

Paragraph (c)(3) is revised to provide

the correct section reference.

Section 173.9

Paragraph (e) is revised to provide the

correct section reference.

Section 173.32

In § 173.32, in paragraph (e)(2)(i), a

provision on pressure testing certain

portable tanks is added. This sentence

was inadvertently omitted under

another rulelmaking action.
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51555

Section 173.56

This section is revised by replacing

the references to the Bureau of

Explosives (BOE) of the Association of

American Railroads (AAR) and the

Bureau of Mines (BOM) of the U.S.

Department of the Interior with the

words ‘‘a person approved by the

Associate Administrator for Hazardous

Materials Safety (AAHMS).’’ Currently,

this section specifies BOE of the AAR

and BOM of the U.S. Department of the

Interior to examine and make

recommendations on the classification

of explosives. The AAR no longer

performs this service, and the BOM is

no longer an agency within the

Department of the Interior. The National

Institute of Occupational Safety and

Health (NIOSH), U.S. Department of

Health and Human Services and the

Explosives Bureau, a private company,

are currently authorized to examine and

make recommendations on the

classification of explosives.

Section 173.62

In paragraph (b), the revised

Explosives Table printed in HM–215B

[62 FR 24722 May 6, 1997]

inadvertently omitted NA0331 with its

associated Packing Instructions 116 or

117.

Section 173.125

In paragraph (a), the wording ‘‘on the

basis of test results following test

methods given in appendix E of this

part and by applying the appropriate

criteria given in this section.’’ is revised

to read ‘‘on the basis of test results

following test methods given in the UN

Manual of Tests and Criteria and by

applying the appropriate criteria given

in this section.’’

Section 173.166

Paragraphs (b)(1) and (b)(3)(i) are

revised by deleting the references to

BOE and BOM (see preamble discussion

under § 173.56).

Section 173.202

In paragraph (b), the authorized

packaging ‘‘Aluminum box: 4A’’ is

corrected to read ‘‘Aluminum box: 4B’’.

Section 173.221

In the heading and first sentence, the

word ‘‘Polystyrene’’ is revised to read

‘‘Polymeric’’ for consistency with a

change to the Hazardous Material Table

issued on December 29, 1994 under

HM–215A.

Section 173.225

In paragraph (e)(4) the melt index for

low density polyethylene saddles is

corrected.

Section 173.242

In paragraph (b)(1), reference to

‘‘§ 178.346–10 or § 178.347–10’’ is

corrected to read ‘‘§ 178.346–3 or

§ 178.347–4’’.

Section 173.243

In paragraph (b)(1), reference to

‘‘§ 178.346–10 or § 178.347–10’’ is

corrected to read ‘‘§ 178.346–3 or

§ 178.347–4’’.

Section 173.247

In paragraph (g)(1)(iii), reference to

‘‘§ 179–200–18’’ is corrected to read

§ 179.15’’.

Section 173.320

Paragraph (a)(3) is updated to provide

the correct section references.

Section 173.422

Paragraph (b)(2) is updated to provide

the correct section references.

Part 175

Section 175.700

In paragraph (b), in the first sentence,

the reference ‘‘§ 175.45’’ is corrected to

read ‘‘§ 171.15’’.

Part 176

Section 176.340

In paragraph (c) the wording

‘‘Commandant USCG (G–MTH)’’ is

updated to read ‘‘Commandant USCG

(G–MSO)’’.

Part 177

Section 177.810

The last sentence, in § 177.810, which

makes reference to § 177.825 is

removed. Section 177.825 was removed

from the Hazardous Materials

Regulations under HM–222A.

Section 177.840

Paragraph (e) is revised to remove the

reference to the Bureau of Mines (BOM)

and to reflect that the National Institute

of Occupational Safety and Health

(NIOSH) Pittsburgh Research Center,

U.S. Department of Health and Human

Services is authorized to approve gas

masks for chlorine cargo tanks.

Part 178

Section 178.36

In paragraph (a)(2)(iii), the wording

‘‘l=moment of inertia—0.04909 (D4–d4)

inches fourth’’ is corrected to read

‘‘I=moment of inertia—0.04909 (D4–d4)

inches fourth’’.

Section 178.44

In paragraph (b), in Table 1.—

Authorized Materials, for specification

3HT seamless steel cylinders for aircraft

use, RSPA is correcting a printing error

for the entry ‘‘Molybdenum,’’ by

revising the specification ‘‘0.18/0.25’’ to

read ‘‘0.15/.025.’’

Section 178.50

Paragraph (i) is corrected the read

‘‘Cylinders must withstand a hydrostatic

test as follows:’’.

Section 178.68

In paragraph (f)(1)(ii), a paragraph

reference is updated to read ‘‘One-half

of the minimum tensile strength of the

material as required in paragraph (j) of

this section.’’

Section 178.270–14

Paragraph (b)(13) is revised to read

‘‘Metallurgical design temperature

range, in °C or °F.’’

Section 178.338–19

A grammatical error is corrected in

paragraph (b).

Section 178.503

Paragraph (a)(1) is corrected by

removing the reference to ‘‘paragraph

(d)’’ and replacing it with ‘‘paragraph

(e)(1)’’.

Part 179

Section 179.15

a. In paragraph (b), the wording

‘‘Settings for pressure relief devices’’ is

corrected to read ‘‘Settings for reclosing

pressure relief devices’’.

b. In paragraph (e), the wording

‘‘reclosing’’ is corrected to read

‘‘nonreclosing’’.

c. Paragraph (f) is revised to clarify

that a nonreclosing pressure relief

device incorporating a rupture disc

must be designed to rupture at a

pressure equal to the greater of 100

percent of the tank test pressure, or 33

percent of the tank burst pressure.

Section 179.100–19

Paragraph (a) is updated to reflect the

correct section reference.

Section 179.200–23

Paragraph (a) is updated to reflect the

correct section reference.

Section 179.220–24

The reference ‘‘§ 179.221–1’’ is

corrected to read ‘‘§ 179.15’’.

Section 179.221–1

The table is revised by removing

‘‘footnote 1’’ in its entirety.

Part 180

Section 180.509

On September 21, 1995, RSPA

published a final rule in docket HM–
51556 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

175A (60 FR 40048). The final rule

required, in § 180.509 testing

requirements for valves and fittings,

paragraph (j)(1), and interior heater

systems, paragraph (j)(2). To clarify the

requirements for ‘‘leak testing,’’ RSPA

published a correctional docket on June

26, 1996 (61 FR 33250). In the June 26

correctional docket, RSPA amended

paragraph (j)(1), and in the amendment

inadvertently removed paragraph (j)(2),

with respect to testing interior heater

systems. This final rule corrects that

error by reinstating paragraph (j)(2).

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule is not considered a

significant regulatory action under

section 3(f) of Executive Order 12866

and, therefore, was not subject to review

by the Office of Management and

Budget. This rule is not significant

according to the Regulatory Policies and

Procedures of the Department of

Transportation (44 FR 11034). Because

of the minimal economic impact of this

rule, preparation of a regulatory impact

analysis or a regulatory evaluation is not

warranted.

B. Executive Order 12612

This final rule has been analyzed in

accordance with the principles and

criteria in Executive Order 12612

(‘‘Federalism’’) and does not have

sufficient federalism impacts to warrant

the preparation of a federalism

assessment.

C. Regulatory Flexibility Act

I certify that this final rule will not

have a significant economic impact on

a substantial number of small entities.

This rule makes minor editorial changes

which will not impose any new

requirements on persons subject to the

HMR; thus, there are no direct or

indirect adverse economic impacts for

small units of government, businesses or

other organizations.

D. Unfunded Mandates Reform Act of

1995

This rule does not impose unfunded

mandates under the Unfunded

Mandates Reform Act of 1995. It does

not result in costs of $100 million or

more to either State, local, or tribal

governments, in the aggregate, or to the

private sector, and is the least

burdensome alternative that achieves

the objective of the rule.

E. Paperwork Reduction Act

There are no new information

collection requirements in this final

rule.

F. Regulation Identifier Number (RIN)

A regulation identifier number (RIN)

is assigned to each regulatory action

listed in the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number contained in the

heading of this document can be used

to cross-reference this action with the

Unified Agenda.

List of Subjects

49 CFR Part 107

Administrative practice and

procedure, Hazardous materials

transportation, Packaging and

containers, Penalties, Reporting and

recordkeeping requirements.

49 CFR Part 171

Exports, Hazardous materials

transportation, Hazardous waste,

Imports, Incorporation by reference,

Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation,

Hazardous waste, Labeling, Markings,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation,

Packaging and containers, Radioactive

materials, Reporting and recordkeeping

requirements, Uranium.

49 CFR Part 175

Air carriers, Hazardous materials

transportation, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 176

Hazardous materials transportation,

Maritime carriers, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 177

Hazardous materials transportation,

Motor carriers, Radioactive materials,

Reporting recordkeeping requirements.

49 CFR Part 178

Hazardous materials transportation,

Motor vehicle safety, Packaging and

containers, Reporting and recordkeeping

requirements.

49 CFR Part 179

Hazardous materials transportation,

Railroad safety, Reporting and

recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation,

Motor carriers, Motor vehicle safety,

Packaging and containers, Reporting

and recordkeeping requirements.

In consideration of the foregoing, 49

CFR Chapter I is amended as follows:

PART 107—HAZARDOUS MATERIALS

PROGRAM PROCEDURES

1. The authority citation for part 107

continues to read as follows:

Authority: 49 U.S.C. 5101–5127, 44701;

Sec. 212–213, Pub. L. 104–121, 110 Stat. 857;

49 CFR 1.45, 1.53.

2. In § 107.105, the introductory text

of paragraph (a) is revised to read as

follows:

§ 107.105 Application for exemption.

(a) General. Each application for an

exemption or modification of an

exemption must be written in English

and must—

* * * * *

§ 107.117 [Amended]

3. In § 107.117, in paragraph (d)(5),

the wording ‘‘Chief, Hazardous

Materials Standards Branch, Operating

and Environmental Standards

Division,’’ is removed and the wording

‘‘Chief, Hazardous Materials Standards

Division, Office of Operating and

Environmental Standards,’’ is added in

its place.

Appendix A to Subpart D of Part 107—

[Amended]

3a. In Appendix A to subpart D of part

107, in Part II of the appendix, as

revised at 62 FR 2972, under the

headings ‘‘Part 173—Requirements’’ and

‘‘Part 178—Requirements’’ for each

entry indicated in the left column of the

table below, remove the Section or cite

reference in the middle column and add

the Section or cite reference in the right

column:
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51557

Column 1 entry Remove column 2 section or cite

Add column 2 section or

cite

Part 173—Requirements

* * * * * * *

Cylinder Retesters (§§ 173.23, 173.34, and 173.302):

* * * * * * *

Failure to maintain legible markings on a cylinder .......................................................... 173.34(e) ....................... 173.34(c).

* * * * * * *

Failure to conduct a complete visual external and internal examination ........................ 173.34(e)(1) ................... 173.34(e)(3).

Failure to have a retester’s identification number (RIN) .................................................. 173.34(e)(1)(i) ................ 173.34(e)(2)(i).

Failure to have current authority due to failure to renew a retester’s identification number.173.34(e)(1)(i) ................ 173.34(e)(2)(i).

Failure to have a retester’s identification number and marking another RIN on a cylinder.173.34(e)(1)(i) ................ 173.34(e)(2)(i).

* * * * * * *

Performing hydrostatic retesting without demonstrating the accuracy of the testing

equipment.

173.34(e)(3) ................... 173.34(e)(4).

Failure to hold hydrostatic test pressure for 30 seconds or sufficiently longer to allow

for complete expansion.

173.34(e)(3) ................... 173.34(e)(4).

Failure to perform a second retest, after equipment failure, at a pressure of 10% more

or 100 psi more, whichever is less (includes exceeding 90% of test pressure prior

to conducting a retest).

173.34(e)(3) ................... 173.34(e)(4).

Failure to condemn a cylinder with permanent expansion of 10% or greater (5% for

certain exemption cylinders); failure to condemn cylinders with evidence of internal

or external corrosion, denting, bulging, or rough usage.

173.34(e)(4) ................... 173.34(e)(6).

* * * * * * *

Failure to keep complete and accurate records of cylinder reinspection and retest. .....

* * * * * * *

Incomplete or inaccurate records ................................................................................. 173.34(e)(5) ................... 173.34(e)(8).

Improper marking of the RIN or retest date on a cylinder ............................................... 173.34(e)(5) ................... 173.34(e)(7).

Marking a DOT 3HT cylinder with a steel stamp other than a low-stress steel stamp ... 173.34(e)(13)(iv) ............ 173.34(e)(15)

* * * * * * *

Offeror Requirements (Class 7—Radioactive Materials):

* * * * * * *

Offering a Type B packaging without holding a valid NRC approval certificate ............. 173.416(b),173.471(d) ... 173.471(a).

* * * * * * *

Offering low specific activity (LSA) radioactive materials consigned as exclusive use

without providing instructions for maintenance of exclusive use shipment controls.

173.425(b)(9) & (c)(7) ... 173.427(a)(6).

Part 178—Requirements

* * * * * * *

Manufacturing Requirements—Cylinders:

* * * * * * *

Failure to mark the date of manufacture or lot number on a DOT–39 cylinder . ............ 178.65–14 ...................... 178.65

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

4. The authority citation for part 171

continues to read as follows:

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

1.53.

5. In § 171.6, the paragraph (b)(2) table

is revised to read as follows:

§ 171.6 Control numbers under the

Paperwork Reduction Act.

* * * * *

(b) * * *

(2) Table.

Current OMB

control No. Title Title 49 CFR part or section where identified and described

2137–0014 ..... Cargo Tank Specification Requirements .. §§ 107.503, 107.504, 178.320, 178.337, 178.338, 178.345, 178.346, 178.347,

178.348, 180.409, 180.417.

2137–0018 ..... Inspection and Testing of Portable Tank

and IBC’s.

§§ 173.24, 173.32, 173.32a, 173.32b, 173.32 (b)(e), 173.32c, 178.3, 178.270,

178.271, 178.272, 178.245, 178.255, 178.245–1 (a), 178.255–1, 178.245–6,

178.702, 178.801, 178.810, 180.352, 178.813, 178.703.

2137–0022 ..... Recordkeeping and information Collection

for Cylinders.

§§ 173.34, 173.302(e), 173.303(d).

2137–0034 ..... Hazardous Materials Shipping Papers ..... Part 172, §§ 173.7(a)(1), 173.22(a)(1), 173.56 (b)(1), (d)(1), (e)(2), 173.150(f)(3)(i),

174.24, 174.26(b) 174.114, 175.30, 175.35, 175.703, 176.9, 176.24, 176.27,

176.30, 176.31, 176.36, 176.89, 176.90, 176.95, 177.817.
51558 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

Current OMB

control No. Title Title 49 CFR part or section where identified and described

2137–0039 ..... Hazardous Materials Incident Report ....... §§ 171.15, 171.16.

2137–0051 ..... Rulemaking and Exemption Petitions ...... Part 107, Subpart B, §§ 106. 31, 106.33, 107.3, 107.5, 107.7, 107.103, 107.105,

107.107, 107.109, 107.113, 107.117, 107.121, 107.123, 107.125, 107.201,

107.202, 107.203, 107.205, 107.209, 107.211, 107.215, 107.217, 107.219,

107.221, 107.223.

2137–0510 ..... RAM Transportation Requirements .......... §§ 173.22(c), (d), 173.411, 173.415(a), 173.416(b), 173.417(a)(5), (b)(3), (4),

173.457(b), 173.471 (a), (d), (f), 173.472, 173.473 (a), (d), 173.476 (a), (b), (e),

173.477, 173.478(a).

2137–0542 ..... Cryogenic Liquids Requirements ............. §§ 173.33(d)(1)(ii), 177.816, 177.840.

2137–0557 ..... Approvals for Hazardous Materials .......... §§ 107.401, 107.402, 107.403, 107.404, 107.405, 172.101(l)(2), 172.102(c)(B69),

173.2a(c)(4), 173.4(a)(11), 173.7(a)(1), 173.21(f)(3)(h)(2)(i), 173.24(e)(3)(iii),

173.51(a), (b), 173.56(a)(2), (b)(1), (2), (4), (c), (f), (g), (i), (j)(3),

173.124(a)(1)(iii)(B), (a)(2)(iii)(D), 173.128(d), 173.159(f), 173.166, 173.171(a),

(c), 173.185(d)(9), (ii), (iii), i, 173.214, 173.224(d) 173.225(b)(4), (c),

173.245(a)(b), 173.300a, 173.300b, 173.305(c)(1), 173.315(i)(12), 173.334(d),

173.340(a), (b), (c)(4), 176.340(c), 177.806(a)(1), 178.36–3, 178.37–3, 178.38–3,

178.39–3, 178.42–3, 178.44–3, 178.45–3, 178.46–3, 178.50–3, 178.51–3,

178.53–3, 178.55–3, 178.56–3, 178.57–3, 178.58–3, 178.59–3, 178.60–3,

178.61–3(a), 178.65–3, 178.68–3, 178.270–3(f), 178.270–13(d), 178.601(e)(g)(7),

(h), (k), 178.603(b), 178.604(b)2), 178.605(b), 178.606(b), (c), 178.608(b)(5),

178.801(e)(2), (h), (i), 178.813(c).

2137–0559 ..... Rail Carriers and Tank Car Tank Requirements.§§ 173.10(b)(1), 173.31(a)(2), 173.247(a), 173.31(b)(6)(ii) 174.9, 174.20(b), 174.50,

174.61, 172.102:

SP: B–45, B–46, B–55, B–61, B–69, B–77, B–78, B–81, 174.63(d),

§§ 174.81, Table Note b, 174.104(c), (e), (f), 174.114, 174.204(a)(1), 179.3, 179.5

179.7(b)(2), (5)(d), 179.22, 180.505, 180.509, 180.515, 180.517(a)(b),

180.519(d).

2137–0572 ..... Testing Requirements for Packaging ....... §§ 178.2(c), 178.601(1).

2137–0575 ..... Bulk Packaging Marking Requirements ... §§ 172.302, 172.332, 172.336.

2137–0582 ..... Container Certification Statement ............ §§ 176.172, 176.27(c).

2137–0586 ..... Hazardous Materials Public Sector Training and Planning Grants.Part 110

2137–0595 ..... Cargo Tank Motor Vehicles in Liquefied

Compressed Gas Service.

§§ 178.337–11(a)(1)(i).

§ 171.6 [Amended]

6. In § 171.6, in paragraphs (a) and (b)

introductory text, the wording

‘‘Paperwork Reduction Act of 1980’’ is

removed and ‘‘Paperwork Reduction Act

of 1995’’ is added each place it appears.

§ 171.7 [Amended]

7. In § 171.7, the following changes

are made:

a. In paragraph (a)(3) table, under

American Society for Testing and

Materials, the wording ‘‘1916 Race

Street, Philadelphia, PA 19103’’ is

removed and ‘‘100 Barr Harbor Drive,

West Conshohocken, PA 19428’’ is

added in its place.

b. In the paragraph (b) table, under

Department of Transportation (USDOT),

in the first column, the entry

‘‘Guidelines for Selecting Preferred

Highway Routes for Highway Route

Controlled Quantity Shipments of

Radioactive Materials [51 FR 5968

February 18, 1986] Effective March 20,

1986, HMT–166T.’’ is removed and in

the second column, the entry ‘‘177.825’’

is removed.

§ 171.8 [Amended]

8. In § 171.8, the definition ‘‘State

routing agency’’ is removed.

§ 171.12 [Amended]

9. In § 171.12, in paragraph (d)(1), the

wording ‘‘172.507, 173.22(c), and

177.825’’ is removed and ‘‘172.507 and

173.22(c)’’ is added in its place.

§ 171.15 [Amended]

10. In § 171.15, in paragraph (a)(2),

the reference ‘‘175.45,’’ is removed.

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

11. The authority citation for part 172

continues to read as follows:

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

1.53.

11a. In § 172.101, the Hazardous

Material Table is amended by adding

the following entry, in appropriate

alphabetical order, as follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51559

§ 172.101

HAZARDOUS

MATERIALS

TABLE

Symbols

Hazardous materials descriptions and proper shipping names Hazard class or di- vision Identi- fication numbers PG Label codes Special provi- sions

(8)

Packaging authorizations

(§ 173.***)

(9)

Quantity limitations

(10)

Vessel stowage

Exceptions Non-bulk Bulk

Passenger

aircraft/

rail

Cargo

air-craft

only

Location Other

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

* * * * * * *

Radioactive material, excepted package-empty

package or empty packaging.

7 UN2910 ............... EMPTY ............................. ............... 428 ........ 428 ........ 428 ........ ............... ............... A ...........

* * * * * * *
51560 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

§ 172.101 [Amended]

12. In addition, in § 172.101, in the

Hazardous Materials Table, the

following changes are made:

a. For the entry ‘‘Accumulators,

pressurized, pneumatic or hydraulic

(containing non-flammable gas).’’, in

column (6), ‘‘2.1’’ is removed and ‘‘2.2’’

is added in its place.

b. For the entry ‘‘Hydrogen chloride,

anhydrous’’, in column (7), ‘‘B43’’, is

removed and ‘‘3’’ is added.

c. For the entry ‘‘Jet perforating guns,

charged oil well, with detonator, 1.1D,

NA0124’’, in column (7), ‘‘D55’’ is

removed and ‘‘55’’ is added in its place.

d. For the entry ‘‘Mercury contained

in manufactured articles’’, in column

(5), ‘‘I’’ is removed and ‘‘III’’ is added in

its place.

e. For each of the following entries, in

column (5), ‘‘II’’ is added: ‘‘Propellant,

liquid, 1.3C, UN0495’’, ‘‘Propellant,

liquid, 1.1C, UN0497’’, ‘‘Propellant,

solid, 1.1C, UN0498’’, ‘‘Propellant,

solid, 1.3C, UN0499’’.

12a. In Appendix A to § 172.101,

paragraph 4 is revised to read as

follows:

Appendix A—to § 172.101—List of

Hazardous Substances and Reportable

Quantities

* * * * *

4. Column 1 of TABLE 1, entitled

‘‘Hazardous substance’’, contains the names

of those elements and compounds that are

hazardous substances. Following the listing

of elements and compounds is a listing of

waste streams. These waste streams appear

on the list in numerical sequence and are

referenced by the appropriate ‘‘D’’, ‘‘F’’, or

‘‘K’’ numbers. Column 2 of TABLE 1, entitled

‘‘Reportable quantity (RQ)’’, contains the

reportable quantity (RQ), in pounds and

kilograms, for each hazardous substance

listed in Column 1 of TABLE 1.

* * * * *

§ 172.203 [Amended]

13. In § 172.203, in paragraph (k)(3),

as amended at 62 FR 24719 on May 6,

1997 the entry ‘‘Hydrogen gases

mixtures, compressed, n.o.s.’’ is

removed and the entry ‘‘Hydrocarbon

gases mixtures, compressed, n.o.s.’’ is

added in alphabetical order.

§ 172.204 [Amended]

14. In § 172.204, in paragraph (b)(1)

introductory text, the wording ‘‘for a

hazardous materials offered for’’ is

removed and the wording ‘‘for a

hazardous material offered for’’ is added

in its place.

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

15. The authority citation for part 173

continues to read as follows:

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

1.45 and 1.53.

§ 173.6 [Amended]

16. In § 173.6, as added at 62 FR 1216,

in paragraph (c)(3), the reference

‘‘§ 178.65–14’’ is revised to read

‘‘178.65(i)’’.

§ 173.9 [Amended]

17. In § 173.9, as currently in effect,

in paragraph (e), the reference

‘‘§ 176.76(i)’’ is revised to read

‘‘§ 176.76(h)’’.

§ 173.32 [Amended]

18. In § 173.32, in paragraph (e)(2)(i),

a sentence is added immediately

following the second sentence ending

with the wording ‘‘entire tank’’ to read:

‘‘Any other tank must be tested by a

minimum pressure (air or hydrostatic)

of at least 2 pounds per square inch gage

or at least one and one-half times the

design pressure (maximum allowable

working pressure, or re-rated pressure)

of the tank, whichever is greater.’’.

§ 173.56 [Amended]

19. In § 173.56, the following changes

are made:

a. In paragraph (b)(1), in the first

sentence, the wording ‘‘the Bureau of

Explosives (BOE) or the Bureau of

Mines, U.S. Department of Interior

(BOM)’’ is removed and ‘‘a person

approved by the Associate

Administrator for Hazardous Materials

Safety’’ is added in its place.

b. In paragraph (f), the wording ‘‘the

Bureau of Explosives or the Bureau of

Mines’’ is removed and ‘‘a person

approved by the Associate

Administrator for Hazardous Materials

Safety’’ is added in its place.

c. Also in paragraph (f), the wording

‘‘examination by the BOE, the BOM, or

other government agency’’ is removed

and ‘‘examination by a person approved

by the Associate Administrator for

Hazardous Materials Safety’’ is added in

its place.

§ 173.62 [Amended]

20. In § 173.62, in the paragraph (b)

Explosives Table, as revised at 62 FR

24720, immediately following the entry

NA0323, a new entry ‘‘NA0331’’ is

entered in the first column and ‘‘116 or

117’’ is added as the corresponding

entry in the second column.

§ 173.125 [Amended]

21. In § 173.125, the second sentence

of paragraph (a) is amended by

removing, the wording ‘‘on the basis of

test results following test methods given

in appendix E of this part and by

applying the appropriate criteria given

in this section’’ and ‘‘on the basis of test

results following test methods given in

the UN Manual of Tests and Criteria and

by applying the appropriate criteria

given in this section’’ is added in its

place.

§ 173.166 [Amended]

22. In § 173.166, the following

changes are made:

a. In paragraph (b)(1), the wording

‘‘the Bureau of Explosives (BOE) or the

Bureau of Mines (BOM)’’ is removed

and ‘‘a person approved by the

Associate Administrator for Hazardous

Materials Safety’’ is added in its place.

b. In paragraph (b)(3)(i), the wording

‘‘BOE or BOM’’ is removed.

§ 173.202 [Amended]

23. In § 173.202, in paragraph (b), the

authorized packaging ‘‘Aluminum box:

4A’’ is revised to read ‘‘Aluminum box:

4B’’.

§ 173.221 [Amended]

24. In § 173.221, in the heading and

in the first sentence, the word

‘‘Polystyrene’’ is revised to read

‘‘Polymeric’’ each place it appears.

§ 173.225 [Amended]

25. In § 173.225, in paragraph (e)(4) in

the first sentence, the wording ‘‘between

0.2 and 10.0 g/min’’ is removed and the

wording ‘‘at least 0.2 grams per 10

minutes’’ is added in its place.

§ 173.242 [Amended]

26. In § 173.242, in paragraph (b)(1),

in the first sentence, the wording

‘‘§ 178.346–10 or § 178.347–10’’ is

revised to read ‘‘§ 178.346–3 or

§ 178.347–4’’.

§ 173.243 [Amended]

27. In § 173.243, in paragraph (b)(1),

in the first sentence, the wording

‘‘§ 178.346–10 or § 178.347–10’’ is

revised to read ‘‘§ 178.346–3 or

§ 178.347–4’’.

§ 173.247 [Amended]

28. In § 173.247, in paragraph

(g)(1)(iii)(C), the reference ‘‘§ 179.200–

18’’ is revised to read ‘‘§ 179.15’’.

29. In § 173.320, paragraph (a)(3) is

revised to read as follows:

§ 173.320 Cryogenic liquids; exceptions.

(a) * * *
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51561

(3) Subparts A and B of part 173, and

§§ 174.1, 177.800, 177.804, and 177.823

of this subchapter.

* * * * *

§ 173.422 [Amended]

30. In § 173.422, in paragraph (b)(2),

the reference ‘‘175.45,’’ is removed.

PART 175—CARRIAGE BY AIRCRAFT

31. The authority citation for part 175

continues to read as follows:

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

1.53.

§ 175.700 [Amended]

32. In § 175.700, in paragraph (b), in

the first sentence, the reference

‘‘§ 175.45’’ is revised to read ‘‘§ 171.15’’.

PART 176—CARRIAGE BY VESSEL

33. The authority citation for part 176

continues to read as follows:

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

1.53.

§ 176.340 [Amended]

34. In § 176.340, in paragraph (c), the

wording ‘‘Commandant, USCG (G–

MTH)’’ is removed and the wording

‘‘Commandant, USCG (G–MSO)’’ is

added in its place.

PART 177—CARRIAGE BY PUBLIC

HIGHWAY

35. The authority citation for part 177

continues to read as follows:

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

1.53.

§ 177.810 [Amended]

36. In § 177.810, the last sentence,

‘‘For Class 7 (radioactive) materials, see

§ 177.825 of this part.’’ is removed.

§ 177.840 [Amended]

37. In § 177.840, in paragraph (e), the

wording ‘‘the U.S. Bureau of Mines’’ is

removed and ‘‘The National Institute of

Occupational Safety and Health

(NIOSH) Pittsburgh Research Center,

U.S. Department of Health and Human

Services’’ is added in its place.

PART 178—SPECIFICATIONS FOR

PACKAGINGS

38. The authority citation for part 178

continues to read as follows:

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

1.53.

§ 178.36 [Amended]

39. In § 178.36, in paragraph (a)(2)(iii),

the wording, ‘‘l=moment of inertia—

0.04909 (D4–d4) inches fourth’’ is

revised to read ‘‘I=moment of inertia—

0.04909 (D4–d4) inches fourth’’.

§ 178.44 [Amended]

40. In § 178.44, in paragraph (b), in

Table 1.—Authorized Materials, in the

second column for the entry

‘‘Molybdenum,’’ the specification ‘‘0.18/

0.25’’ is removed and ‘‘0.15/.025’’ is

added in its place.

§ 178. 50 [Amended]

41. In § 178.50, in paragraph (i)

introductory text, the wording ‘‘Each

cylinder must’’ is removed and the

wording ‘‘Cylinders must’’ is added in

its place.

42. In § 178.68, paragraph (f)(1)(ii) is

revised to read as follows:

§ 178.68 Specification 4E welded

aluminum cylinders.

* * * * *

(f) * * *

(1) * * *

(ii) One-half of the minimum tensile

strength of the material as required in

paragraph (j) of this section.

* * * * *

43. In § 178.270–14, paragraph (b)(13)

is revised to read as follows:

§ 178.270–14 Marking of tanks.

* * * * *

(b)* * *

(13) Metallurgical design temperature

range, in °C or °F.

* * * * *

§ 178.338–19 [Amended]

44. In § 178.338–19, in paragraph (b),

in the last sentence, the wording ‘‘of the

section’’ is removed and ‘‘of this

section’’ is added in its place.

§ 178.503 [Amended]

45. In § 178.503, in paragraph (a)(1),

the wording ‘‘paragraph (d)’’ is removed

and ‘‘paragraph (e)(1)’’ is added in its

place.

PART 179—SPECIFICATIONS FOR

TANK CARS

46. The authority citation for part 179

continues to read as follows:

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

1.53.

§ 179.15 [Amended]

47. In § 179.15, the following changes

are made:

a. In paragraph (b), the heading is

revised to read as set forth below.

b. In the introductory text of

paragraph (e), in the second sentence,

the word ‘‘reclosing’’ is revised to read

‘‘nonreclosing’’.

c. Paragraph (f)(1) is revised to read as

follows:

§ 179.15 Pressure relief devices.

* * * * *

(b) Settings for reclosing pressure

relief devices.* * *

* * * * *

(f) * * *

(1) Until October 1, 1998, a

nonreclosing pressure relief device must

incorporate a rupture disc designed to

burst at a pressure equal to 100% of the

tank test pressure, or 33% of the tank

burst pressure. After that date, a

nonreclosing pressure relief device must

incorporate a rupture disc designed to

burst at a pressure equal to the greater

of 100% of the tank pressure, or 33% of

the tank burst pressure.

* * * * *

§ 179.100–19 [Amended]

48. In § 179.100–19, in paragraph (a),

the reference ‘‘§ 179.101’’ is revised to

read ‘‘§ 179.15’’.

§ 179.200–23 [Amended]

49. In § 179.200–23, in paragraph (a),

the reference ‘‘§ 179.201–1’’ is revised to

read ‘‘§ 179.15’’.

§ 179.220–24 [Amended]

50. In § 179.220–24, the reference

‘‘§ 179.221–1’’ is revised to read

‘‘§ 179.15’’.

§ 179.221–1 [Amended]

51. In the § 179.221–1 table, the first

column heading ‘‘DOT specification 1 ’’

is revised to read ‘‘DOT specification’’

and immediately following the table,

footnote 1 is removed.

PART 180—CONTINUING

QUALIFICATION AND MAINTENANCE

OF PACKAGINGS

52. The authority citation for part 180

is revised to read as follows:

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

1.53.

53. In § 180.509, the text of paragraph

(j) is designated as paragraph (j)(1) and

paragraph (j)(2) is added to read as

follows:

§ 180.509 Requirements for inspection and

test of specification tank cars.

* * * * *

(j) Leakage pressure test. (1) * * *

(2) Interior heater systems must be

tested hydrostatically at 13.87 Bar (200

psi) and must show no signs of leakage.

* * * * *

Issued in Washington, DC, on September

24, 1997, under authority delegated in 49

CFR part 1.

Kelley S. Coyner,

Acting Administrator.

[FR Doc. 97–25821 Filed 9–30–97; 8:45 am]

BILLING CODE 4910–60–P