58614 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 107, 171, 172, 173, 174,

176, 177, 178, 179 and 180

[Docket No. RSPA–00–7755 (HM–189Q)]

RIN 2137–AD47

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 improves the clarity of

certain provisions in the Hazardous

Materials Regulations (HMR). The

intended effect of this rule is to enhance

the accuracy and reduce

misunderstandings of the HMR. The

amendments contained in this rule are

minor editorial changes and do not

impose new requirements.

EFFECTIVE DATE: October 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Charles E. Betts (202) 366–8553, Office

of Hazardous Materials Standards,

Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590–0001.

SUPPLEMENTARY INFORMATION:

Background

RSPA (we) annually reviews the

Hazardous Materials Regulations (HMR;

49 CFR parts 171–180) and the

procedural regulations associated with

the HMR (49 CFR part 107) to identify

errors causing confusion to readers. In

this final rule, we are correcting

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 we received

concerning the clarity of particular

requirements specified in the HMR, we

are also making certain other changes to

reduce uncertainties and improve

understanding.

Because these amendments do not

impose new requirements, notice and

public comment procedures 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 the CFR.

The following is a section-by-section

summary of the amendments made

under this final rule. It does not discuss

all minor editorial corrections (for

example, typographical, capitalization

and punctuation errors), changes to

legal authority citations and certain

other minor adjustments intended to

enhance the clarity of the HMR.

Section-by-Section Review

Part 107

Sections 107.3 and 107.117

Because of Departmental

reorganization, we are revising these

sections to replace ‘‘Federal Highway

Administration’’ with ‘‘Federal Motor

Carrier Safety Administration.’’

Section 107.14

We are revising paragraph (a)(1) to

provide telephone numbers at which

callers may leave recorded messages.

Sections 107.105, 107.219, and 107.329

We are revising these sections to

correct miscellaneous typographical

errors.

Section 107.127

We are revising paragraph (a) to

provide information on certain

documents that may be viewed on-line

and the Internet address.

Appendix A to Subpart D

We are revising paragraph (c) of

Section IV of Appendix A to correct the

amount of the maximum civil penalty

that may be assessed after January 21,

1997.

Part 171

Section 171.1

We are revising paragraph (a) to

remove an outdated reference to

intrastate motor carrier transportation.

Section 171.6

We are revising paragraph (b)(2) to

revise the table of OMB control numbers

to reflect current control numbers,

report title and affected sections for

collection of information.

Section 171.7

We are revising the table of materials

incorporated by reference to remove

obsolete references.

Section 171.8

We are revising the definition of

‘‘exemption’’ to substitute ‘‘Federal

Motor Carrier Safety Administration’’

for ‘‘Federal Highway Administration.’’

In addition, we are removing the

definition for ‘‘general public’’ which

was incorporated into the HMR in

conjunction with the Radioactive

Protection Program (RPP) under Docket

HM–169B (60 FR 50292), a final rule

published on September 28, 1995. In a

subsequent final rule published under

HM–169B (63 FR 48566) published on

September 10, 1998, we removed the

RPP requirements; however, we

overlooked the removal of the definition

for ‘‘general public’’ which was

exclusive to the RPP. Finally, we are

updating the definition of ‘‘preferred

route or preferred highway’’ to correct

an outdated CFR citation.

Sections 171.11 and 171.12

We are correcting two miscellaneous

typographical errors in these sections.

Section 171.15

In paragraph (a)(2), we are removing

outdated CFR references. In paragraph

(a)(5) and in the introductory text in

paragraph (b), we are correcting the

name of the organization that receives

the incident notifications.

Part 172

Section 172.101

In paragraph (g), we are adding a

sentence to clarify that requirements for

applying EMPTY labels are in § 173.428.

In the paragraph (g) table, we are adding

an entry for the INFECTIOUS

SUBSTANCE label that had been

inadvertently omitted.

The Hazardous Materials Table (HMT)

We are amending the HMT by

correcting various typographical,

capitalization and punctuation errors.

We are correcting certain other errors

such as removing obsolete reference

(‘‘see’’) entries and obsolete ID numbers

appearing in the italicized portion of

certain proper shipping names. In

addition, we are correcting the order of

the qualifying words ‘‘flammable’’ and

‘‘toxic’’ for the following proper

shipping names: ‘‘Pyrethroid pesticide,

liquid, toxic, flammable, flash point less

than 23 degrees C,’’ UN3350;

‘‘Pyrethroid pesticide, liquid,

flammable, toxic, flash point not less

than 23 degrees C,’’ UN3351;

‘‘Thiocarbamate pesticide, liquid,

flammable, toxic, flash point not less

than 23 degrees C,’’ UN3005; and

‘‘Triazine pesticides, liquid, flammable,

toxic, flash point less than 23 degrees

C,’’ UN2764. The qualifying words

‘‘flammable’’ and ‘‘toxic’’ were printed

in the incorrect order under a final rule,

HM–215C (64 FR 10742) published on

March 5, 1999. Although the corrected

order is the preferred order, as provided

in § 172.101(c)(4), when qualifying

words are used as part of the proper

shipping name, their sequence is

optional for markings and shipping

paper descriptions. For two reference

(‘‘see’’) entries, we are removing the

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58615

word ‘‘commercial.’’ Under HM–215C,

we removed the word from certain Class

1 (explosive) material entries, however,

failed to remove the word from the

reference entries. Some HMT revisions

appear as ‘‘remove’’ and ‘‘add’’ and,

therefore, readers should review all

regulatory text revisions for a complete

view of the changes.

Appendices A and B to § 172.101

In Table 1 to Appendix A, we are

correcting several printing errors. We

are removing the first of two duplicate

entries for ‘‘DDE’’ and ‘‘4,4′-DDE.’’ In

addition, we are adding reportable

quantity (RQ) entries for four materials

for which RQs were omitted. In

Appendix B, we are removing three

asterisks from the entry for ‘‘PCBs’’ that

were originally included in error.

Section 172.102

We are revising Special Provision A52

to change the phrase ‘‘Type I shipping

containers’’ to ‘‘Category I shipping

containers.’’ This change makes the

language of the special provision

consistent with the terminology used in

Air Transport Association Specification

300.

In paragraph (c)(2), we are revising

Special Provision B13 to correct CFR

references changed by revisions to the

cargo tank specifications. We are

revising Special Provision B14 to

remove an expired transition provision.

Section 172.203

We are revising paragraph (d) of this

section to remove an obsolete provision

for describing activity levels for

packages of radioactive materials.

Section 172.310

We are correcting a typographical

error in paragraph (a).

Section 172.400a

We are revising paragraph (a)(7) to

clarify that the exception from labeling

in § 173.427(a)(6)(vi) also applies to

surface contaminated objects.

Section 172.403

We are revising paragraph (a) to

remove the reference to § 173.428 which

was revised and is no longer relevant to

the labeling requirements specified in

§ 172.403. In addition, we are revising

paragraph (g) to remove an obsolete

provision for labeling packages of

radioactive materials.

Section 172.505

We are revising paragraph (a) to

correct the section reference ‘‘

‘‘§ 172.203(m)(3)’’ to ‘‘ § 172.203(m)(2)’’.

Section 172.556

We are revising paragraph (a) to

correct the illustration for the

RADIOACTIVE placard to show that the

yellow background color on the top half

of the placard may extend only to the

inner border. This revision makes the

placard illustration consistent with

placard specification prescribed in

§ 172.519(d)(4).

Section 172.558

We are revising paragraph (a) to

correct the illustration for the

CORROSIVE placard to show that the

base of the white triangle in the upper

portion of the placard must be 38 mm

± 5 mm (1.5 inches ± 0.2 inches) above

the placard horizontal center line, as

prescribed in paragraph (b).

Section 172.604

We are revising paragraph (a) to

remove the reference to a ‘‘24-hour’’

emergency response telephone number.

Consistent with § 172.604(b), the

emergency response telephone number

must be monitored at all times the

hazardous material is in transportation,

which may not be 24 hours in all

situations.

Part 173

Section 173.4

We are amending this section to add

a note following paragraph (a)(6) that

was inadvertently removed due to a

printing error in an earlier revision.

Section 173.7

We are revising paragraph (e), added

under Docket HM–218, August 18, 2000,

(65 FR 50460), effective October 1, 2000,

to clarify the marking and labeling

requirements for certain Class 1

explosives owned by the Department of

Defense (DOD) and packaged prior to

January 1, 1990. In the preamble, in

Docket HM–218, we stated that the

explosives were excepted from the

current marking and labeling

requirements, provided they are marked

and labeled in conformance with the

requirements of the HMR that were in

effect at the time they were originally

marked and labeled.

Section 173.12

We are revising this section to remove

paragraph (d)(2), which references a

provision that no longer appears in

§ 172.203(m).

Section 173.27

We are revising paragraph (b)(4) to

correct the paragraph reference for the

CARGO AIRCRAFT ONLY label from

‘‘§ 172.402(b)’’ to ‘‘§ 172.402(c)’’.

Section 173.31

We are revising paragraph (b)(6)(ii) to

update the address to which required

tank car reports must be submitted.

Section 173.32

We are editorially revising paragraph

(a)(1) for clarity. In addition, we are

correcting section references related to

the portable tank specifications in part

178.

Section 173.34

We are revising paragraph (h) to

correct outdated CFR references.

Section 173.62

We are relocating text for entry 137 in

the table of packing methods from

column 3 to column 4 to correct a

printing error. In addition, in paragraph

(c), in footnote (1)(e)(iv) following the

table, we are correcting a CFR reference.

Section 173.128

In paragraph (d)(1)(ii), we are

correcting a CFR reference.

Section 173.132

We are revising paragraph (a)(1)(iii)(B)

for consistency with the table in

§ 173.133(a)(2)(i). In paragraph (c)(3), we

are correcting a typographical error in

the formula.

Section 173.159

We are revising paragraph (a) to

specify that electric storage batteries

may not be packed with other materials

except as provided in paragraphs (g) and

(h) of this section and in §§ 173.220 and

173.222. The reference to paragraph (g)

was inadvertently omitted due to a

printing error.

Section 173.166

We are revising paragraph (d)(3),

added under Docket HM–218 (65 FR

50461) to provide for the transportation

of a recycled air bag module or a seat

belt pretensioner by rail freight and

cargo vessel. In the preamble of Docket

HM–218, we stated that the amendment

will facilitate transportation of these

devices for recycling and eliminate the

need for exemption DOT–E 12189

granted to the Automotive Recyclers

Association and several other grantees.

During the HM–218 rulemaking

proceedings, RSPA revised the

exemption to authorize rail freight and

cargo vessel as additional authorized

modes of transportation. In this final

rule, we are amending paragraph (d)(3)

to reflect the revision to the exemption.

58616 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

Sections 173.181, 173.224, 173.225,

173.304, and 173.306

We are making changes to remove or

replace outdated CFR references.

Section 173.315

Effective December 31, 1990, the MC

331 cargo tank specification in § 178.337

was revised. Among other revisions,

requirements for emergency discharge

control systems previously located in

§ 178.337–11(c) were revised and moved

to § 178.337–11(a). However, through an

oversight, Note 16 to the table in

§ 173.315(a), which required MC 330

and MC 331 to be equipped with

emergency discharge controls

conforming to § 178.337–11(c), was not

revised. Effective July 1, 1999, the MC

331 cargo tank specification in § 178.337

was again revised. Among other

revisions, requirements for emergency

discharge control systems previously

located in § 178.337–11(a) were

rewritten and provisions applicable to

opening, inlets, and outlets were

relocated to § 178.337–8(a). Note 16 to

the table in § 173.315(a) was not revised

to account for the 1999 changes in

§§ 178.337–8 and 178.337–11. This final

rule revises § 173.315(a) to require

openings, inlets, and outlets on MC 330

and MC 331 cargo tanks to conform to

§ 178.337–8(a) and to require MC 330

and MC 331 cargo tanks to be equipped

with emergency discharge control

systems that conform to § 178.337–11(a).

In addition, we are revising

paragraphs (f) and (o) to correct a

reference.

We are also revising paragraph (i)(4)

to correct a typographical error in the

second sentence. The sentence is

corrected to indicate that the start-todischarge value, not valve, must be

visible after the valve is installed.

Paragraph (n)(5)(iii) includes an

inadvertent reference to nonspecification cargo tanks authorized

under paragraph (k) of § 173.315.

Paragraph (n)(5)(iii) requires certain

cargo tanks in metered delivery service

with capacities over 3,500 gallons to be

equipped with emergency discharge

control equipment by the dates

specified. Non-specification cargo tanks

authorized for use under § 173.315(k)

are limited to capacities of 3,500 gallons

or less. This final rule removes the

inadvertent reference to nonspecification cargo tanks.

Section 173.319

We are revising paragraphs (c) and

(d)(2) to correct outdated CFR

references.

Section 173.403

For consistency with the proper

shipping name listed in the § 172.101

Hazardous Materials Table, we are

revising the wording for the definition

‘‘Radioactive instrument and article’’ to

read ‘‘Radioactive instrument or

article.’’

Section 173.417

In paragraph (b)(1) Table 4 and in

paragraph (b)(2)(ii) Table 5, we are

replacing the symbol ‘‘<=’’ with the

universally acknowledged symbol ‘‘≤.’’

Section 173.425

We are correcting the entry for

‘‘Gases’’ in Table 7 by replacing the

entry ‘‘Other form’’ with ‘‘Normal

form.’’ ‘‘Other form’’ is not a defined

category in the regulations.

Section 173.427

In paragraph (c)(2)(i), we are removing

an outdated CFR reference.

Section 173.435

We are revising two references in the

table to correct printing errors.

Part 174

Section 174.290

We are correcting an outdated CFR

reference in paragraph (b)(1).

Part 176

Section 176.78

The last sentence, in § 176.78(h)(8),

that makes reference to former § 176.79

is removed.

Section 176.104

In paragraph (g), we are removing an

obsolete section reference.

Section 176.166

We are revising paragraph (a)(2) to

correct the section reference ‘‘§ 176.143

(b)(2)’’ by replacing it with ‘‘§ 176.142

(b)(2)’’.

Sections 176.410 and 176.415

In these sections, we are revising the

incorrect UN identification number ‘‘UN

2072’’ by replacing it with ‘‘NA 2072.’’

Section 176.905

We are revising paragraph (j) to

correct an outdated CFR reference.

Part 177

Section 177.835

Based on comments from the Institute

of Makers of Explosives, we are

removing outdated CFR references in

paragraph (h), and revising paragraph

(g). The phrase ‘‘explosives for blasting’’

is replaced with the term ‘‘Division 1.5’’

and a reference to ‘‘Class A, B and C

explosives’’ is removed.

Section 177.843

In paragraph (c), we are correcting the

section reference for Class 7

(radioactive) material incidents by

adding §§ 171.15 and 171.16.

Section 177.854

The introductory text in paragraph (d)

references sections of part 177 that were

removed in a previous revision. This

final rule removes these references.

Part 178

Section 178.37

We are revising an outdated CFR

reference in paragraph (g)(4).

Section 178.44

In paragraph (b), in Table 1—

Authorized Materials, for specification

3HT seamless steel cylinders for aircraft

use, we are correcting an error for the

entry ‘‘Molybdenum’’ by revising the

specification ‘‘0.15/.025’’ to read ‘‘0.15/

0.25.’’

Section 178.65

In paragraph (i), we are removing an

outdated CFR reference.

Section 178.337–3

We are revising paragraphs (e) and

(g)(2) to include metric measurements

for the metal thicknesses specified.

Sections 178.345–3, 178.345–10,

178.345–13, 178.346, 178.346–1,

178.347–1, and 178.348–1

We are revising several paragraphs in

these sections to correct CFR references

changed by revisions to the cargo tank

specifications.

Section 178.356–1

In paragraph (c), we are correcting an

incorrect reference to obsolete

§ 178.118–8(b) for shell closure

requirements. We are redesignating

current paragraph (d) as paragraph (e)

and adding in new paragraph (d) the

closure requirements formerly

contained in obsolete § 178.118–8(b).

Section 178.606

We are revising paragraph (c)(1) to

make minor editorial changes.

Section 178.703

We are revising paragraph (a)(1)(i) to

correct an outdated CFR reference.

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58617

Part 179

Sections 179.100–1, 179.100–3,

179.100–9, 179.100–13, 179.102–4 and

179.220

We are correcting several outdated

CFR references in these sections.

Section 179.301

In paragraph (a), in the table we are

revising the entry for ‘‘Bursting

pressure, p.s.i’’ to remove an outdated

CFR reference and clarify that the entry

refers to the minimum required bursting

pressure.

Sections 179.400–6 and 179.401–1

We are revising several outdated CFR

references in these sections.

Part 180

Section 180.352

We are revising paragraph (b)(3)(ii) to

correct a CFR reference.

Section 180.405

We are revising several paragraphs in

this section to correct CFR references

changed by revisions to the cargo tank

specifications.

Section 180.407

Effective July 1, 2000, paragraph (h)

was revised to add a delivery hose

assembly and piping test to the leakage

test requirements for MC 330, MC 331,

and non-specification cargo tank

authorized under § 173.315(k).

Paragraph (h)(4) includes a requirement

for record keeping to document the

results of the tests. The inclusion of the

term ‘‘original hose assembly’’ in

reference to the date of the tests in

paragraph (h)(4) was inadvertent. To

comply with the record keeping

requirements in this paragraph, a

Registered Inspector must note the hose

identification number of the hose being

tested, the date of the test, and the

condition of the hose assembly and

piping system tested. Paragraph (h)(4) is

revised in this final rule to correct this

inadvertent error.

Section 180.519

In paragraphs (b)(1) and (c), we are

revising several outdated CFR

references.

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 reviewed 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 13132

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132 (‘‘Federalism’’). This final rule

does preempt State, local, and Indian

tribe requirements but does not adopt

any regulation that has substantial

direct effects on the States, the

relationship between the national

government and the States, or the

distribution of power and

responsibilities among the various

levels of government. Therefore, the

consultation and funding requirements

of Executive Order 13132 do not apply.

The Federal hazardous materials

transportation law, 49 U.S.C. 5101–

5127, contains an express preemption

provision (49 U.S.C. 5125 (b)) that

preempts State, local, and Indian tribe

requirements on certain covered

subjects. Covered subjects are:

(i) The designation, description, and

classification of hazardous materials;

(ii) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous materials;

(iii) The preparation, execution, and

use of shipping documents related to

hazardous materials and requirements

related to the number, contents, 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, manufacture,

fabrication, marking, maintenance,

recondition, repair, or testing of a

packaging or container represented,

marked, certified, or sold as qualified

for use in transporting hazardous

material.

This final rule addresses covered

subject items (i), (ii), (iii), (iv), and (v)

above and preempts State, local, and

Indian tribe requirements not meeting

the ‘‘substantively the same’’ standard.

This final rule is necessary to enhance

the accuracy and reduce

misunderstandings of the HMR.

Federal hazardous materials

transportation law provides at

5125(b)(2) that, if DOT issues a

regulation concerning any of the

covered subjects, DOT must determine

and publish in the Federal Register the

effective date of Federal preemption.

The 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 has determined that the effective

date of Federal preemption for these

requirements will be 90 days from the

date of publication in the Federal

Register.

C. Executive Order 13084

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13084 (‘‘Consultation and Coordination

with Indian Tribal Governments’’).

Because this final rule does not

significantly or uniquely affect the

communities of the Indian tribal

governments and does not impose

substantial direct compliance costs, the

funding and consultation requirements

of this Executive Order 13084 do not

apply.

D. Regulatory Flexibility Act

I certify that the requirements adopted

in this final rule are applicable to a

substantial number of small businesses,

but that the economic impact on these

small businesses will not be significant.

This rule makes minor editorial changes

which will not impose any new

requirements on persons subject to the

HMR; thus, there are no direct or

indirect adverse economic impacts for

small units of government, businesses or

other organizations.

E. Unfunded Mandates Reform Act of

1995

This rule does not impose unfunded

mandates under the Unfunded

Mandates Reform Act of 1995. It does

not result in costs of $100 million or

more to either State, local, or tribal

governments, in the aggregate, or to the

private sector, and is the least

burdensome alternative that achieves

the objective of the rule.

F. Paperwork Reduction Act

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. There are no new information

collection requirements in this final

rule.

G. Regulation Identifier Number (RIN)

A regulation identifier number (RIN)

is assigned to each regulatory action

listed in the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number contained in the

heading of this document can be used

to cross-reference this action with the

Unified Agenda.

58618 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

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

Education, Hazardous materials

transportation, Hazardous waste,

Labeling, Markings, Packaging and

containers, Reporting and recordkeeping

requirements.

49 CFR Part 173

Hazardous materials transportation,

Packaging and containers, Radioactive

materials, Reporting and recordkeeping

requirements, Uranium.

49 CFR Part 174

Hazardous materials transportation,

Radioactive materials, Railroad safety.

49 CFR Part 176

Hazardous materials transportation,

Maritime carriers, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 177

Hazardous materials transportation,

Motor carriers, Radioactive materials,

Reporting and recordkeeping

requirements.

49 CFR Part 178

Hazardous materials transportation,

Motor vehicle safety, Packaging and

containers, Reporting and recordkeeping

requirements.

49 CFR Part 179

Hazardous materials transportation,

Railroad safety, Reporting and

recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation,

Motor carriers, Motor vehicle safety,

Packaging and containers, Railroad

safety, Reporting and recordkeeping

requirements.

In consideration of the foregoing, 49

CFR Chapter I is amended as follows:

PART 107—HAZARDOUS MATERIALS

PROGRAM PROCEDURES

1. The authority 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.

§ 107.3 [Amended]

1. In § 107.3, in the definition for

‘‘exemption’’, the wording ‘‘Federal

Highway Administration’’ is removed

and ‘‘Federal Motor Carrier Safety

Administration’’ is added in its place.

2. In § 107.14, the third and fourth

sentences in paragraph (a)(1) are revised

to read as follows:

§ 107.14 Availability of informal guidance

and interpretive assistance.

(a) Availability of telephonic and

Internet assistance. (1) * * * When the

information line is not staffed, callers

may leave a recorded message, which

will be answered by the end of the next

business day. The telephone numbers

for the information line are: 1–800–

HMR–4922 (that is; 1–800–467–4922

toll free), or 202–366–4488 (in the

Washington, D.C. area). * * *

* * * * *

§ 107.105 [Amended]

3. In § 107.105, in paragraph (c)(9), at

the end of the paragraph, the semicolon

is removed and a period is added in its

place.

§ 107.117 [Amended]

4. In § 107.117, in paragraph (d)(3),

the wording ‘‘Federal Highway

Administration’’ is removed and the

wording ‘‘Federal Motor Carrier Safety

Administration’’ is added in its place.

§ 107.127 [Amended]

5. In § 107.127, in paragraph (a), a

new sentence is added at the end of the

paragraph to read as follows:

§ 107.217 Availability of documents for

public inspection.

(a) * * * Documents numbered 11832

and above may also be viewed at the

internet website address http://

dms.dot.gov.

* * * * *

§ 107.219 [Amended]

6. In § 107.219, in paragraph (c)(1),

the wording ‘‘political subdivision

thereof of Indian tribe requirement’’ is

removed and the wording ‘‘political

subdivision thereof or Indian tribe

requirement’’ is added in its place.

§ 107.329 [Amended]

7. In § 107.329, in paragraph (b), the

wording ‘‘and order issued thereunder’’

is removed and the wording ‘‘an order

issued thereunder’’ is added in its place.

8. In Part 107, in Appendix A to

Subpart D, in Section IV, in paragraph

C, the first sentence is revised as

follows:

Appendix A to Subpart D of Part 107—

Guidelines for Civil Penalties

* * * * *

IV. Miscellaneous Factors Affecting Penalty

Amounts

* * * * *

C. Penalty Increases for Multiple Counts

Under the Federal hazmat law, 49 U.S.C.

5213(a), each violation of the HMR and each

day of a continuing violation (except for

violations pertaining to packaging

manufacture or qualification) is subject to a

civil penalty of up to $25,000 ($27,500 for a

violation occurring after January 21, 1997).

***

* * * * *

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

9. The authority citation for part 171

continues to read as follows:

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

1.53.

§ 171.1 [Amended]

10. In § 171.1, in paragraph (a)(1), the

following changes are made:

a. The comma after the parenthetical

wording ‘‘(except as delegated at

§ 1.46(t) of this title)’’ is removed and a

period is added in its place.

b. The parenthetical wording ‘‘(except

that until October 1, 1998, this

subchapter applies to intrastate carriers

by motor vehicle only in so far as this

subchapter relates to hazardous waste,

hazardous substances, flammable

cryogenic liquids in portable tanks and

cargo tanks, and marine pollutants).’’ is

removed.

11. In § 171.6, paragraph (b)(2) table is

revised to read as follows:

§ 171.6 Control numbers under the

Paperwork Reduction Act.

* * * * *

(b) * * *

(2) Table.

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58619

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,

180.407, 180.409, 180.413, 180.417.

2137–0018 ............... Inspection and Testing of Portable Tank and IBC’s ............. §§ 173.24, 173.32, 173.32a, 173.32b, 178.3, 178.245,

178.255, 178.270, 178.703, 178.801, 180.352.

2137–0022 ............... Testing, Inspection, and Marking Requirements for Cylinders.§§ 173.34, 173.302, 173.303, 173.309, 178.2, 178.3,

178.35, 178.44, 178.45, 178.46, 178.57, 178.59, 178.60,

178.61, 178.68.

2137–0034 ............... Hazardous Materials Shipping Papers and Emergency Response Information.§§ 172.200, 172.201, 172.203, 172.204, 172.205, 172.600,

172.602, 172.604, 172.606, 173.6, 173.7, 173.22,

173.56, 174.24, 174.26, 174.114, 175.30, 175.31,

175.33, 175.35, 176.24, 176.27, 176.30, 176.36, 176.89,

177.817.

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

2137–0051 ............... Rulemaking and Exemptions Petitions .................................. §§ 106.31, 106.35, 106.38, 107.5, 107.7, 107.105, 107.107,

107.109, 107.113, 107.117, 107.121, 107.123, 107.125,

107.205, 107.211, 107.215, 107.217, 107.219, 107.221,

107.223.

2137–0510 ............... RAM Transportation Requirements ....................................... Part 173, Subpart I, §§ 173.22, 173.411, 173.415, 173.416,

173.417, 173.457, 173.471, 173.472, 173.473, 173.476.

2137–0542 ............... Cryogenic Liquids Requirements .......................................... §§ 173.318, 177.816, 177.840, 180.405.

2137–0557 ............... Approvals for Hazardous Materials ....................................... §§ 107.402, 107.403, 107.405, 107.503, 107.705, 107.713,

107.715, 107.717, 110.30, 172.101, 172.102, Special

provisions: 26, 29, 53, 55, 60, 105, 118, 121, 125, 129,

131, 133, 136; 172.102, Special provisions: B45, B55,

B61, B69, B77, B81; N10, N72; Code: T42; 173.2a,

173.4, 173.7, 173.21, 173.22, 173.24, 173.28, 173.31,

173.32a, 173.32b, 173.34, 173.51, 173.56, 173.58,

173.59, 173.124, 173.128, 173.159, 173.166, 173.171,

173.214, 173.222, 173.224, 173.225, 173.245, 173.300a,

173.300b, 173.301, 173.305, 173.306, 173.314, 173.315,

173.316, 173.318, 173.334, 173.340, 173.411, 173.433,

173.457, 173.471, 173.472, 173.473, 173.476, 174.50,

174.63, 175.10, 175.701, 176.168, 176.340, 176.704,

178.3, 178.35, 178.47, 178.53, 178.58, 178.270–3,

178.270–13, 178.503, 178.509, 178.605, 178.606,

178.608, 178.801, 178.813.

2137–0559 ............... Rail Carriers and Tank Car Tank Requirements .................. §§ 172.102, Special provisions: B45, B46, B55, B61, B69,

B77, B78, B81; 173.10, 173.31, 174.20, 174.50, 174.63,

174.104, 174.114, 174.204, 179.3, 179.4, 179.5, 179.6,

179.7, 179.11, 179.18, 179.22, 179.100–9, 179.100–12,

179.100–13, 179.100–16, 179.100–17, 179.102–4,

179.102–17, 179.103–1, 179.103–2, 179.103–3,

179.103–5, 179.200–10, 179.200–14, 179.200–15,

179.200–16, 179.200–17, 179.200–19, 179.201–3,

179.201–8, 179.201–9, 179.220–4, 179.220–7, 179.220–

8, 179.220–13, 179.220–15, 179.220–17, 179.220–18,

179.220–20, 179.220–22, 179.300–3, 179.300–7,

179.300–9, 179.300–12, 179.300–13, 179.300–15,

179.300–20, 179.400–3, 179.400–4, 179.400–11,

179.400–13, 179.400–16, 179.400–17, 179.400–19,

179.400–20, 179.500–5, 179.500–8, 179.500–12,

179.500–18, 180.505, 180.509, 180.515, 180.517.

2137–0572 ............... Testing Requirements for Non-Bulk Packaging .................... §§ 178.2, 178.601.

2137–0582 ............... Container Certification Statement ......................................... §§ 176.27, 176.172.

2137–0586 ............... Hazardous Materials Public Sector Training and Planning

Grants.

Part 110.

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

Service.

§§ 173.315, 178.337–8, 178.337–9, 180.405, 180.416.

§ 171.7 [Amended]

12. In § 171.7, in the table in

paragraph (a)(3), the following changes

are made:

a. The entry ‘‘ASTM B 90–69’’ is

removed.

b. In the entry ‘‘ASTM B 557–84’’, in

column 2, the reference ‘‘; 178.251’’ is

removed.

c. In the entry ‘‘ASTM E 8–89’’, in

column 2, the reference ‘‘; 178.251’’ is

removed.

d. In the entry ‘‘CGA Pamphlet C–3’’,

in column 2, the reference ‘‘178.54;’’ is

removed.

e. The entry for ‘‘Fertilizer Institute’’

is removed.

f. The first entry for ‘‘Health and

Human Services’’ is removed and the

entry for ‘‘Health and Human Services’’

following ‘‘ISO 1496–3–1995(E)’’ is

placed in alphabetical order.

g. Under Transport Canada, in the

entry ‘‘Transportation of Dangerous

Goods Regulations,’’ in column 2, the

reference ‘‘; 174.11’’ is removed.

12a. In § 171.7, in the paragraph (b)

table, the entry for the ‘‘Department of

Transportation (USDOT)’’ is removed.

58620 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

§ 171.8 [Amended]

13. In § 171.8, the following changes

are made:

a. In the definition of ‘‘Exemption’’,

the parenthetical wording ‘‘(e.g., Federal

Highway Administration routing)’’ is

removed and the parenthetical wording

‘‘(e.g., Federal Motor Carrier Safety

Administration routing)’’ is added in its

place.

b. The definition ‘‘General public’’ is

removed.

c. In the definition ‘‘Preferred route or

Preferred highway’’, the wording

‘‘§ 177.825(b) of this subchapter.’’ is

removed and the wording ‘‘§ 397.103 of

this title.’’ is added in its place.

§ 171.11 [Amended]

14. In § 171.11, in paragraph (d)(1),

revise ‘‘§ 172.203(c)’’ to read

‘‘§§ 172.203(c)’’.

§ 171.12 [Amended]

15. In § 171.12, in paragraph (b)(2),

the ‘‘0’’ at the end of the paragraph is

removed.

§ 171.15 [Amended]

16. In § 171.15, the following changes

are made:

a. In paragraph (a)(2), the

parenthetical wording ‘‘(see also

§§ 174.45, 176.48, and 177.807 of this

subchapter)’’ is removed.

b. In paragraphs (a)(5) and (b)

introductory text, the word

‘‘Department’’ is removed and the

wording ‘‘National Response Center’’ is

added in its place.

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

17. The authority citation for part 172

continues to read as follows:

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

1.53.

18. In § 172.101, in paragraph (g), a

new sentence is added after the fifth

sentence, and in the Label Substitution

Table, a new entry is added in

appropriate numerical order to read as

follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *

(g) * * * For ‘‘Empty’’ label

requirements, see § 173.248 of this

subchapter.***

LABEL SUBSTITUTION TABLE

Label code Label name

*****

6.2 Infectious substance

*****

* * * * *

19. In § 172.101, the Hazardous

Materials Table is amended by

removing, adding, in appropriate

alphabetical sequence, and revising the

following entries to read as follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58621

§ 172.101—HAZARDOUS

MATERIALS

TABLE

Symbols Hazardous materials descriptions and proper shipping names Hazard class or division Identifica- tion Num- bers PG Label codes Special pro- visions

(8)

Packaging (§ 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)

[REMOVE]

*******

Anhydrous ammonia, see Ammonia, anhydrous.

*******

Batteries, wet filled with alkali, electric storage. 8 UN2795 ..... III ............... 8 ........................................................ ................... 159 ............ 159 ............ 159 ............ 25 kg gross No limit ...... A.

*******

Battery, wet, filled with acid or alkali with

automobile (or named self-propelled vehicle or mechanical equipment containing internal combustion engine) see

vehicles, self-propelled, etc.

*******

Calcium bisulfite solution, see Bisulfites, inorganic, aqueous solutions, n.o.s.

*******

1-Chloro-1, 1-difluoroethane, see

Chlorodifluoroethanes.

*******

Cyclotrimethylenetrinitramine and cyclotetramethylenetetranitramine mixtures,

wetted or desensitized see RDX and

HMX mixtures, wetted or desensitized

etc.

*******

Dichlorofluoromethane or refrigerant gas

R21.

*******

1,2-Dichloro1,1,2,2- Tetrafluoroethane or

Refrigerant gas R 114.

*******

Dichloropropene and propylene dichloride

mixture, see Propylene dichloride.

*******

Dicycloheptadiene, see 2,5-Norbomadiene.

*******

Etiologic agent, see Infectious substances,

etc).

*******

Fluoric acid, see Hydrofluoric acid, solution, etc.

*******

Fuzes, combination, percussion and time,

see Fuzes, detonating (UN0257,

UN0367); Fuzes, igniting (UN0317,

UN0368).

*******

Hexaethyl tetraphosphate liquid.

*******

Igniter fuse, metal clad, see Fuse, igniter,

tubular, metal clad.

*******

Jet perforators, see Charges, shaped,

commercial, etc.

Jet tappers, without detonator, see

Charges, shaped, commercial, etc.

*******

Lacquer base or lacquer chips, plastic, wet

with alcohol or solvent, see Nitrocellulose (UN2059, UN2060, UN2555,

UN2556) or Paint etc. (UN1263).

*******

Liquefied hydrocarbon gas, see Hydrocarbon gases, liquefied, n.o.s., etc.

*******

Mobility aids, see Wheel chair, electric.

58622 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations § 172.101—HAZARDOUS

MATERIALS

TABLE—Continued

Symbols Hazardous materials descriptions and proper shipping names Hazard class or division Identifica- tion Num- bers PG Label codes Special pro- visions

(8)

Packaging (§ 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)

*******

Muriatic acid, see Hydrochloric acid solution.

Musk xylene, see 5-tert-Butyl2,4,6-trinitrom-xylene.

*******

Nitrogen peroxide, see Dinitrogen tetroxide, liquefied.

*******

Nitrogen tetroxide, see Dinitrogen tetroxide, liquefied.

*******

Nonflammable gas, n.o.s., see Compressed or Liquefied gases, etc.

(UN1955, UN1956).

*******

Nonliquefied hydrocarbon gas, see Hydrocarbon gases, compressed, n.o.s.

*******

Octogen, see cyclotetramethyene tetranitramine, etc.

*******

Organic peroxide type A, liquid or solid.

*******

Organic peroxide type F, solid, temperature controlled. .............. ................... III ............... 6.1 ..................................................... B1,T14 ....... 153 ............ 203 ............ 242 ............ 60L ............ 220L .......... A ................ 40

*******

Organic pigments, self heating (both entries).

*******

Pepper spray, see Aerosols, etc. or Selfdefense spray, non-pressurized.

*******

Phenylenediamines (o-; m-; p- ;).

*******

Potassium bisulfite solution, see Bisulfites,

inorganic, aqueous solutions, n.o.s..

*******

Potassium dichloro isocyanurate or Potassium dichloro-s-triazinetrione, see

Dichloroisocyanuric acid, dry or Dichloroisocyanuric acid salts etc.

*******

Potassium metal, liquid alloy, see Alkali

metal alloys, liquid.

*******

Pyrethroid pesticide, liquid, toxic, flammable, flashpoint less than 23°C. (Both

enties).

*******

Pyrethroid pesticide, liquid, flammable,

toxic, flashpoint not less than 23 degrees C (all three entries).

*******

RDX, see Cyclotrimethylene trinitramine,

etc.

*******

Self-defense spray, aerosol, see Aerosols,

etc.

*******

Shaped charges, commercial, see

Charges, shaped, commercial etc.

*******

Signals, highway, see Signal devices,

hand; Fireworks, type D.

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58623

*******

Sulfuretted hydrogen, see Hydrogen sulfide, liquefied.

*******

Thiocarbamate pesticides, liquid, flammable, toxic, flash point not less than 23

degrees C. (all three entries).

*******

TNT mixed with aluminum, see Tritonal.

*******

Tractors, see Vehicles, self propelled.

*******

Triazine pesticides, flammable, toxic, flash

point less than 23 degrees C. (both entries).

*******

White acid, see Hydrofluoric acid mixtures.

*******

Zinc bisulfite solution, see Bisulfites, inorganic aqueous solutions, n.o.s.

*******

[ADD:]

*******

Anhydrous ammonia, see Ammonia, anhydrous.

*******

Battery, wet, filled with acid or alkali with

vehicle or mechanical equipment containing an internal combustion engine,

see Vehicle, etc. or Engines, internal

combustion, etc.

*******

Bromopropanes .......................................... 3 UN2344 ..... III ............... 3 ........................................................ T2 .............. 150 ............ 203 ............ 242. ........... 60 L ........... 220 L ......... A.

*******

Calcium bisulfite solution, see Bisulfites,

aqueous solutions, n.o.s.

*******

Cyclotrimethylenetrinitramine and

cyclotetramethylenetetranitramine mixtures, wetted or desensitized see RDX

and HMX mixtures, wetted or desensitized etc.

*******

Dichlorofluoromethane or Refrigerant gas

R21.

2.2 UN1029 ..... ................... 2.2 ..................................................... ................... 306 ............ 304 ............ 314, 315. ... 75 kg ......... 150 kg ....... A.

*******

1,2-Dichloro-1,1,2,2- tetrafluoroethane or

Refrigerant gas R 114.

2.2 UN1958 ..... ................... 2.2 ..................................................... ................... 306 ............ 304 ............ 314, 315. ... 75 kg ......... 150 kg ....... A.

*******

Dichloropropene and propylene dichloride

mixture, see 1,2- Dichloropropane.

*******

Dicycloheptadiene, see Bicyclo [2,2,1]

hepta-2,5- diene, inhibited.

*******

Etiologic agent, see Infectious substances,

etc.

*******

Fluoric acid, see Hydrofluoric acid, etc.

*******

Fuzes, combination, percussion and time,

see Fuzes, detonating (UN0257,

UN0367); Fuzes, igniting (UN0317,

UN0368).

*******

Hexaethyl tetraphosphate, liquid ................ 6.1 UN1611 ..... II ................ 6.1 ..................................................... N76 ............ None .......... 202 ............ 243 ............ 5 L ............. 60 L ........... E ................ 40

*******

Igniter fuse, metal clad, see Fuse, igniter,

tubular, metal clad.

*******

Jet perforators, see Charges, shaped, etc.

*******

Jet tappers, without detonator, see

Charges, shaped, etc.

58624 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations § 172.101—HAZARDOUS

MATERIALS

TABLE—Continued

Symbols Hazardous materials descriptions and proper shipping names Hazard class or division Identifica- tion Num- bers PG Label codes Special pro- visions

(8)

Packaging (§ 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)

*******

Lacquer base or lacquer chips, plastic, wet

with alcohol or solvent, see Nitrocellulose (UN2059, UN2555, UN2556,

UN2557) or Paint etc (UN1263).

*******

Liquefied hydrocarbon gas, see Hydrocarbon gas mixture, liquefied, n.o.s.

*******

Mobility aids, see Battery powered equipment or Battery powered vehicle’.

*******

Muriatic acid, see Hydrochloric acid.

Musk xylene, see 5-tert-Butyl-2,4,6-trinitrom-xylene.

*******

Nitrogen peroxide, see Dinitrogen tetroxide.

*******

Nitrogen tetroxide, see Dinitrogen tetroxide.

*******

Nonflammable gas, n.o.s., see Compressed gas, etc. or Liquefied gas, etc.

*******

Nonliquefied hydrocarbon gas, see Hydrocarbon gas mixture, compressed, n.o.s.

*******

2,5-Norbornadiene, inhibited, see Bicyclo

[2,2,1] hepa-2, 5-diene, inhibited.

*******

Octogen, see cyclotetra methylene tetranitramine, etc.

Organic peroxide type A, liquid or solid.

*******

Organic pigments, self-heating ................... 4.2 UN3313 ..... II ................ 4.2 ..................................................... ................... None .......... 212 ............ 241 ............ 15 kg ......... 50 kg ......... C.Organic pigments, self-heating ................... .............. ................... III ............... 4.2 ..................................................... ................... None .......... 213 ............ 241 ............ 25 kg ......... 100 kg ....... C.

*******

Pepper spray, see Aerosols, etc. or Selfdefense spray, non-pressurized.

*******

Phenylenediamines (o-, m-, p-) .................. 6.1 UN1673 ..... III ............... 6.1 ..................................................... ............... 153 ............ 213 ............ 240 ............ 100kg ........ 200kg ........ A.

*******

Potassium bisulfite solution, see Bisulfites,

aqueous solutions, n.o.s.

*******

Potassium dichloro isocyanurate or Potassium dichloro-s-triazinetrione, see

Dichloroisocyanuric acid, dry or Dichloroisocyanuric acid salts etc.

*******

Potassium metal, liquid alloy, see Alkali

metal alloys, liquid, n.o.s.

*******

Pyrethroid pesticide, liquid, flammable,

toxic, flash point less than 23 degrees C.

3 UN3350 ..... I ................. 3,6.1 .................................................. T24,T26 ..... None .......... 201 ............ 243 ............ Forbidden .. 30L ............ B ................ 40

..................................................................... .............. ................... II ................ 3,6.1 .................................................. T14 ............ None .......... 202 ............ 243 ............ 1 L ............. 60L ............ B ................ 40

*******

Pyrethroid pesticide, liquid, toxic, flammable, flash point not less than 23 degrees C. 6.1 UN3351 ..... I ................. 6.1, 3 ................................................. T24, T26 .... None .......... 201 ............ 243 ............ 1 L ............. 30 L ........... B ................ 40

..................................................................... .............. ................... II ................ 6.1, 3 ................................................. T14 ............ None .......... 202 ............ 243 ............ 5 L ............. 60 L ........... B ................ 40

..................................................................... .............. ................... III ............... 6.1, 3 ................................................. T14 ............ 153 ............ 203 ............ 241 ............ 60 L ........... 220 L ......... B ................ 40

*******

RDX, see Cyclotrimethylene trinitramine,

etc.

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58625

*******

Self-defense spray, aerosol, see Aerosols,

etc.

*******

Shaped charges, see Charges, shaped,

etc.

*******

Signals, highway, see Signal devices,

hand.

*******

Sulfuretted hydrogen, see Hydrogen sulfide.

*******

Thiocarbamate pesticide, liquid, toxic, flammable, flash point not less than 23 degrees C. 6.1 UN3005 ..... I ................. 6.1, 3 ................................................. T42 ............ None .......... 201 ............ 243 ............ 1 L ............. 30 L ........... B ................ 40

..................................................................... .............. ................... II ................ 6.1, 3 ................................................. T14 ............ None .......... 202 ............ 243 ............ 5 L ............. 60 L ........... B ................ 40

..................................................................... .............. ................... III ............... 6.1, 3 ................................................. T13 ............ 153 ............ 203 ............ 242 ............ 60 L ........... 220 L ......... A ................ 40

*******

TNT mixed with aluminum, see Tritonal.

*******

Tractors, see Vehicle, etc.

*******

Triazine pesticides, liquid, flammable,

toxic, flash point less than 23 degrees C.

3 UN2764 ..... I ................. 3, 6.1 ................................................. ................... None .......... 201 ............ 243 ............ Forbidden .. 30 L ........... B ................ 40

..................................................................... .............. ................... II ................ 3, 6.1 ................................................. ................... None .......... 202 ............ 243 ............ 1 L ............. 60 L ........... B ................ 40

*******

White acid, see Hydrofluoric acid.

*******

Zinc bisulfite solution, see Bisulfites, aqueous solutions, n.o.s.

*******

[REVISE:]

*******

Detonators, non-electric, for blasting .......... 1.4S UN0455 ..... II ................ 1.4S ................................................... ................... 63(f), 63(g) 62 .............. None .......... 25 kg ......... 100 kg ....... A.

*******

G .............. Environmentally hazardous substances,

solid, n.o.s.

9 UN3077 ..... III ............... 9 ........................................................ 8, B54, N20 155 ............ 213 ............ 240 ............ No limit ...... No limit ...... A.

*******

Ethyl chloride .............................................. 2.1 UN1037 ..... ................... 2.1 ..................................................... B77 ............ None .......... 322 ............ 314, 315 .... Forbidden .. 150 kg ....... B ................ 40

*******

Ethyl methyl ether ....................................... 2.1 UN1039 ..... ................... 2.1 ..................................................... ................... None .......... 201 ............ 314, 315 .... Forbidden .. 150 kg ....... B. 40

*******

Metal catalyst, dry ....................................... 4.2 UN2881 ..... III ............... 4.2 ..................................................... N34 ............ None .......... 187 ............ 241 ............ 25 kg ......... 100 kg ....... C.

*******

G .............. Organic peroxide type C, liquid .................. 5.2 UN3103 ..... II ................ 5.2 ..................................................... ................... 152 ............ 225 ............ None .......... 5 L ............. 10 L ........... D ................ 12, 40

*******

Organochlorine pesticides, liquid, toxic,

flammable, flashpoint not less than 23

degrees C.

6.1 UN2995 ..... III ............... 6.1, 3 ................................................. B1, T14 ..... 153 ............ 203 ............ 242 ............ 60 L ........... 220 L ......... A ................ 40

*******

1-Pentene (n-amylene) ............................... 3 UN1108 ..... I ................. 3 ........................................................ T14 ............ 150 ............ 201 ............ 243 ............ 1 L ............. 30 L ........... E.

*******

Refrigerating machines, containing nonflammable, nontoxic, liquefied gas or

ammonia solution (UN2672).

2.2 UN2857 ..... ................... 2.2 ..................................................... ................... 306, 307 .... 306 ............ 306, 307 .... 450kg ........ 450kg ........ A.

*******

I ................ Sulfur ........................................................... 4.1 UN1350 ..... III ............... 4.1 ..................................................... 30, T1 ........ None .......... None .......... 240 ............ No limit ...... No limit ...... A ................ 19, 74

*******

G .............. Toxic liquid, corrosive, inorganic, n.o.s ...... 6.1 UN3289 ..... I ................. 6.1, 8 ................................................. T42 ............ None .......... 201 ............ 243 ............ 0.5 L .......... 2.5 L .......... A.

58626 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

21. In Appendix A to § 172.101, in Table 1 to Appendix A, the first entries for DDE and 4,4′-DDE are removed

and four entries are revised to read as follows:

Appendix A to § 172.101—List of Hazardous Substances and Reportable Quantities

* * * * * * *

TABLE 1 TO APPENDIX A.—HAZARDOUS SUBSTANCES OTHER THAN RADIONUCLIDES

Hazardous substance

Reportable

quantity (RQ)

pounds

(kilograms)

[REMOVE]:

DDE (first time it appears) ................................................................................................................................................................... 5000 (2270)

4,4’–DDE (first time it appears) ........................................................................................................................................................... 5000 (2270)

[REVISE]:

*******

K001

Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or

pentachlorophenol ............................................................................................................................................................................ 1 (0.454)

*******

K003

Wastewater treatment sludge from the production of molybdate orange pigments ........................................................................... 10 (4.54)

*******

K005

Wastewater treatment sludge from the production of chrome green pigments .................................................................................. 10 (4.54)

*******

K007

Wastewater treatment sludge from the production of iron blue pigments .......................................................................................... 10 (4.54)

* ******

* * * * *

22. In Appendix B to § 172.101, in the

List of Marine Pollutants, revise the

heading and add an entry in appropriate

alphabetical order to read as follows:

Appendix B To § 172.101—List of

Marine Pollutants

* * * * *

LIST OF MARINE POLLUTANTS

S.M.P.

(1)

Marine pollutant

(2)

*****

PP ...................................... PCBs.

*****

§ 172.102 [Amended]

23. In § 172.102, in paragraph (c)(2),

Special Provision A52 is revised; in

paragraph (c)(3), in Special Provision

B13, paragraph b is revised; and in

Special Provision B14, the last sentence

is removed to read as follows:

§ 172.102 Special provisions.

* * * * *

(c) * * *

(2) * * *

Code/Special Provisions

* * * * *

A52 A cylinder containing Oxygen,

compressed, may not be loaded into a

passenger-carrying aircraft or in an

inaccessible cargo location on a cargo-only

aircraft unless it is placed in an overpack or

outer packaging that conforms to the

performance criteria of Air Transport

Association (ATA) Specification 300 for

Category I shipping containers.

* * * * *

(3) * * *

Code/Special Provisions

* * * * *

B13 * * *

b. Packagings equivalent to DOT 406 cargo

tanks are excepted from §§ 178.345–7(d)(5),

circumferential reinforcements; 178.345–10,

pressure relief; 178.345–11, outlets; 178.345–

14, marking, and 178.345–15, certification.

* * * * *

§ 172.203 [Amended]

24. In § 172.203(d)(4), the second

sentence is removed.

25. In§ 172.310, paragraph (a) is

revised to read as follows:

§ 172.310 Class 7 (radioactive) materials.

* * * * *

(a) Each package with a gross mass

greater than 50 kilograms (110 pounds)

must have its gross mass marked on the

outside of the package.

* * * * *

26. In § 172.400a, paragraph (a)(7) is

revised to read as follows:

§ 172.400a Exceptions from labeling.

(a) * * *

(7) A package of low specific activity

radioactive material and surface

contaminated objects, when transported

under § 173.427(a)(6)(vi) of this

subchapter.

* * * * *

27. In § 172.403, paragraph (a) is

revised and in paragraph (g)(2) the first

sentence is revised and the second

sentence is removed to read as follows:

§ 172.403 Class 7 (radioactive) material.

(a) Unless excepted from labeling by

§§ ** 173.421 through 173.427 of this

subchapter, each package of radioactive

material must be labeled as provided in

this section.

* * * * *

(g) * * *

(2) Activity. Activity units must be

expressed in appropriate SI units (e.g.,

Becquerels (Bq), Terabecquerels (Tbq),

etc.) or in both appropriate SI units and

appropriate customary units (Curies

(Ci), MilliCuries (mCi) microCuries

(uCi)), etc.). * * *

* * * * *

28. In § 172.505, paragraph (a) is

revised to read as follows:

§ 172.505 Placarding for subsidiary

hazards.

(a) Each transport vehicle, freight

container, portable tank, unit load

device, or rail car that contains a

poisonous material subject to the

‘‘Poison Inhalation Hazard’’ shipping

description of § 172.203(m)(2) must be

placarded with a POISON

INHALATION HAZARD or POISON

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58627

GAS placard, as appropriate, on each

side and each end, in addition to any

other placard required for that material

in § 172.504. Duplication of the POISON

INHALATION HAZARD or POISON

GAS placard is not required.

* * * * *

29. In § 172.556, paragraph (a) is

revised to read as follows:

§ 172.556 RADIOACTIVE placard.

(a) Except for size and color, the

RADIOACTIVE placard must be as

follows:

* * * * *

30. In § 172.558, paragraph (a) is

revised to read as follows:

§ 172.558 CORROSIVE placard.

(a) Except for size and color, the

CORROSIVE placard must be as follows:

58628 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

* * * * *

31. In § 172.604, paragraph (a)

introductory text is revised to read as

follows:

§ 172.604 Emergency response telephone

number.

(a) A person who offers a hazardous

material for transportation must provide

an emergency response telephone

number, including the area code or

international access code, for use in the

event of an emergency involving the

hazardous material. The telephone

number must be—

* * * * *

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

32. The authority citation for part 173

continues to read as follows:

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

CFR 1.45, 1.53.

33. In § 173.4, a note is added at the

end of paragraph (a)(6) to read as

follows:

§ 173.4 Small quantity exceptions.

(a) * * *

(6) * * *

Note to Paragraph (a)(6): Each of the tests

in this paragraph (a)(6) may be performed on

a different, but identical, package; i.e., all

tests need not be performed on the same

package.

* * * * *

34. In § 173.7, paragraph (e) is revised

to read as follows:

§ 173.7 U.S. Government material.

* * * * *

(e) Class 1 (explosive) materials

owned by the Department of Defense

and packaged prior to January 1, 1990,

in accordance with the requirements of

this subchapter in effect at that time, are

excepted from the marking and labeling

requirements of part 172 of this

subchapter and the packaging and

package marking requirements of part

178 of this subchapter, provided the

packagings have maintained their

integrity and the explosive material is

declared as ‘‘government-owned goods

packaged prior to January 1, 1990’’ on

the shipping papers. In addition,

materials owned by the Department of

Defense that are marked and labeled in

conformance with the requirements of

the HMR that were in effect at the time

they were originally marked and labeled

are excepted from the current marking

and labeling requirements.

35. In § 73.12, paragraph (d) is revised

to read as follows:

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58629

§ 173.12 Exceptions for shipment of waste

materials.

* * * * *

(d) Technical names for n.o.s.

descriptions. The requirements for the

inclusion of technical names for n.o.s.

descriptions on shipping papers and

package markings, §§ 172.203 and

172.301 of this subchapter, respectively,

do not apply to packages prepared in

accordance with paragraph (b) of this

section, except that packages containing

materials meeting the definition of a

hazardous substance must be described

as required in § 172.203 of this

subchapter and marked as required in

§ 172.324 of this subchapter.

§ 173.27 [Amended]

36. In § 173.27, in paragraph (b)(4),

the wording ‘‘§ 172.402(b)’’ is removed

and the wording ‘‘§ 172.402(c)’’ is added

in its place.

37. In § 173.31, (b)(6)(ii) is revised to

read as follows:

§ 173.31 Use of tank cars.

* * * * *

(b) * * *

(6) * * *

(ii) By October 1 of each year, each

owner of a tank car subject to this

paragraph (b)(6) shall submit to the

Federal Railroad Administration,

Hazardous Materials Division, Office of

Safety Assurance and Compliance, 1120

Vermont Avenue, Mail Stop 25,

Washington, DC 20590, a progress

report that shows the total number of inservice tank cars that need head

protection, thermal protection, or

bottom-discontinuity protection; the

number of new or different tank cars

acquired to replace those tank cars

required to be upgraded to a higher

service pressure; and the total number

of tank cars modified, reassigned,

acquired, retired, or removed from

service the previous year.

* * * * *

38. In § 173.32, paragraph (a)(1) is

revised to read as follows:

§ 173.32 Qualification, maintenance and

use of portable tanks other than

Specification IM portable tanks.

(a) * * *

(1) When a portable tank is used as a

cargo tank, it must conform to all the

requirements prescribed for cargo tanks.

(See § 173.33).

* * * * *

§ 173.32 [Amended]

39. In § 173.32, the following changes

are made:

a. In paragraph (a)(3), the wording

‘‘§ 178.245–1(c)’’ is removed and

‘‘§ 178.245–1(e)’’ is added in its place.

b. In paragraph (c), the wording

‘‘paragraphs (e)(3) and (4)’’ is removed

and ‘‘paragraph (e)(2)’’ is added in its

place.

40. In § 173.34, paragraph (h) is

revised to read as follows:

§ 173.34 Qualification, maintenance and

use of cylinders.

* * * * *

(h) Repair by welding or brazing of

specifications DOT–3A, 3AA, 3B, 3C,

cylinders. Repair of specifications DOT–

3A, 3AA, 3B or 3C (§§ 178.36(e),

178.37(e), or 178.38(e) of this

subchapter) cylinders by welding or

brazing authorized, but only for the

removal and replacement of neckrings

and footrings attached to cylinders

originally manufactured to conform to

§§ 178.36(a), 178.37(a), and 178.38(a) of

this subchapter. Removal and

replacement must be done by a regular

manufacturer of this type of cylinder.

After removal and before replacement of

such parts, cylinders must be inspected,

and defective ones rejected. Cylinders,

neckrings, footrings, and method of

replacement must conform to

§ 178.36(e), § 178.37(e), or § 178.38(e) of

this subchapter, whichever applies.

Replacement must be followed by reheat

treating, testing, inspection, and

supervised and reported as prescribed

by the specification covering their

original manufacture. Inspector’s reports

must conform with that required by the

specification covering original

manufacture with the word ‘‘repaired’’

substituted for ‘‘manufactured.’’ Show

original markings and the new

additional markings added, and

statement: ‘‘Cylinders were carefully

inspected for defects after removal of

neckrings and after replacement, which

replacement was made by process of

llllllll (Welding-brazing).’’.

* * * * *

§ 173.62 [Amended]

41. In § 173.62, the following changes

are made:

a. In paragraph (c), Table of Packing

Methods, for the entry 137, under

column 3 ‘‘Intermediate packagings’’,

the text under ‘‘Not necessary’’ is

transferred to column 4 ‘‘Outer

packagings’’ under ‘‘Boxes’’.

b. In paragraph (c), in footnote

(1)(e)(iii) following the Table of Packing

Methods, the wording ‘‘§ 176.83 (b)(3)’’

is removed and the wording ‘‘§ 178.83

(b)’’ is added in its place.

• 173.128 [Amended]

42. In § 173.128, in paragraph

(d)(1)(ii), the wording ‘‘§ 173.225(c)(5)’’

is removed and the wording

‘‘§ 173.225(c)’’ is added in its place.

43. In § 173.132, paragraph

(a)(1)(iii)(B) is revised to read as follows:

§ 173.132 Class 6, Division 6.1—

Definitions.

(a) * * *

(1) * * *

(iii) * * *

(B) A material with a saturated vapor

concentration in air at 20°C (68°F)

greater than or equal to one-fifth of the

LC50 for acute toxicity on inhalation of

vapors and with an LC50 for acute

toxicity on inhalation of vapors of not

more than 5000 ml/mm3; or

* * * * *

§ 173.132 [Amended]

44. In § 173.132, in the formula, in

paragraph (c)(3), revise ‘‘=’’ to read ‘‘+’’

the first time it appears.

45. In § 173.159, paragraph (a) is

revised to read as follows:

§ 173.159 Batteries, wet.

(a) Electric storage batteries,

containing electrolyte acid or alkaline

corrosive battery fluid, must be

completely protected so that short

circuits will be prevented; they may not

be packed with other materials except as

provided in paragraphs (g) and (h) of

this section and in §§ 173.220 and

173.222.

* * * * *

46. In § 173.166, paragraph (d)(3) is

revised, to read as follows:

§ 173.166 Air bag inflators, air bag

modules and seat-belt pretensioners.

* * * * *

(d) * * *

(3) Shipments for recycling. When

offered for domestic transportation by

highway, rail freight, cargo vessel or

cargo aircraft only, a serviceable air bag

module or seat-belt pretensioner

removed from a motor vehicle that was

manufactured as required for use in the

United States may be offered for

transportation and transported without

compliance with the shipping paper

requirement prescribed in paragraph (c)

of this section. However, the word

‘‘Recycled’’ must be entered on the

shipping paper immediately after the

basic description prescribed in

§ 172.202 of this subchapter. No more

than one device is authorized in the

packaging prescribed in paragraph

(e)(1), (2) or (3) of this section. The

device must be cushioned and secured

within the package to prevent

movement during transportation.

* * * * *

§ 173.181 [Amended]

47. In § 173.181, in paragraph (a)(2),

the wording ‘‘, 174.430’’ is removed.

58630 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

§ 173.224 [Amended]

48. In § 173.224, in paragraph (b), in

Note 3. Following the Self-Reactive

Substances table, the wording

‘‘paragraph (c)(4)’’ is removed and the

wording ‘‘paragraph (c)(3)’’ is added in

its place.

§ 173.225 [Amended]

49. In § 173.225, in paragraph (b), in

Note 12. Following the Organic

Peroxide Table, the wording ‘‘paragraph

(c)(4)’’ is removed and the wording

‘‘paragraph (c)(2)’’ is added in its place.

§ 173.304 [Amended]

50. In § 173.304, in paragraph (d)(3)(i),

the wording ‘‘178.54,’’ is removed.

§ 173.306 [Amended]

51. In § 173.306, in paragraph (b)

introductory text, the wording ‘‘Limited

quantities of compressed gases, (except

poisonous gases as defined by

§ 173.115(a)(3) of this part)’’ is removed

and the wording ‘‘Limited quantities of

compressed gases, (except Division 2.3

gases)’’ is added in its place.

§ 173.315 [Amended]

52. In § 173.315, the following

changes are made:

a. In § 173.315, Note 16 following the

table in paragraph (a), the second

sentence in paragraph (i)(4), and

paragraph (n)(5)(iii) are revised.

The revisions read as follows:

b. In paragraph (f), the wording

‘‘paragraph (a)(1)’’ is removed and the

wording ‘‘paragraph (a)’’ is added in its

place.

c. In paragraph (o)(3), the wording ‘‘in

§ 178.337–11(a)(4) of this subchapter’’ is

removed and the wording ‘‘of paragraph

(n) of this section’’ is added in its place.

The revisions read as follows:

§ 173.315 Compressed gases in cargo

tanks and portable tanks.

(a) * * *

Note 16: Openings, inlets, and outlets on

MC 330 and MC 331 cargo tanks must

conform to § 178.337–8(a) of this subchapter.

MC 330 and MC 331 cargo tanks must be

equipped with emergency discharge control

equipment as specified in § 178.337–11(a) of

this subchapter.

* * * * *

(i) * * *

(4) * * * The start-to-discharge value

must be visible after the valve is

installed. * * *

* * * * *

(n) * * *

(5) * * *

(iii) No MC 330 or MC 331 cargo tank

motor vehicle with a capacity over

13,247 liters (3,500 gallons) used in

metered delivery service may be

operated unless it has an appropriate

discharge control capability as specified

in this paragraph (n) no later than July

1, 2003, or the date of its first scheduled

pressure retest required after July 1,

2001, whichever is earlier.

* * * * *

§ 173.319 [Amended]

53. In § 173.319, the following

changes are made:

a. In paragraph (c), the wording ‘‘(see

paragraph (a)(4)(iii) of this section and

§ 173.31 (c)(13))’’ is removed and the

wording ‘‘(see paragraph (a)(4)(iii) of

this section)’’ is added in its place.

b. In paragraph (d)(2), in the Pressure

Control Valve Setting or Relief Valve

Setting Table, in the first column, in the

last entry, the wording ‘‘(see

§ 173.31(a)(9))’’ is removed and the

wording ‘‘(see § 180.507(a)(3) of this

subchapter)’’ is added in its place.

§ 173.403 [Amended]

54. In § 173.403, for the definition

‘‘Radioactive instrument and article’’,

the wording ‘‘and’’ is removed each

place it appears and the wording ‘‘or’’

is added in its place.

§ 173.417 [Amended]

55. In § 173.417, in paragraph (b)(1),

in Table 4 and in paragraph (b)(2)(ii), in

Table 5, the symbol ‘‘<=’’ is removed

and the symbol ‘‘≤’’ is added each place

it appears.

§ 173.425 [Amended]

56. In § 173.425, in the third entry

under ‘‘Gases’’ in Table 7, the wording

‘‘Other form’’ is removed and the

wording ‘‘Normal form’’ is added in its

place.

§ 173.427 [Amended]

57. In § 173.427, in paragraph (c)(2)(i),

the wording ‘‘(§§ 179.200, 179.201,

179.202 of this subchapter)’’ is removed

and the wording ‘‘(§§ 179.200 and

179.201 of this subchapter)’’ is added in

its place.

§ 173.435 [Amended]

58. In § 173.435, in the table, the

following changes are made:

a. For the entry ‘‘Am-241’’, in the

column ‘‘Specific activity’’ under ‘‘(Tbq/

g)’’, the expression ‘‘1.3 × 101’’ is

removed and ‘‘1.3 × 10¥1’’ is added in

its place.

b. For the entry ‘‘Cm-244’’, in the

column ‘‘Specific activity’’ under ‘‘(Ci/

g)’’, the expression ‘‘8.1 × 105’’ is

removed and ‘‘8.1 × 101’’ is added in its

place.

PART 174—CARRIAGE BY RAIL

59. The authority citation for part 174

continues to read as follows:

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

1.53.

§ 174.290 [Amended]

60. In § 174.290, in paragraph (b)(1),

the wording ‘‘See § 174.55 (a)(1) through

(4) and § 174.600’’ is removed and the

wording ‘‘See §§ 174.55 and 174.600’’ is

added in its place.

PART 176—CARRIAGE BY VESSEL

61. The authority citation for part 176

continues to read as follows:

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

1.53.

§ 176.78 [Amended]

62. In § 176.78, in paragraph (h)(8),

the last sentence is removed.

63. In § 176.104, paragraph (g) is

revised to read as follows:

§ 176.104 Loading and unloading Class 1

(explosive) materials.

* * * * *

(g) Packages of Division 1.1 and 1.2

materials that are not part of a palletized

unit must be loaded and unloaded from

a vessel using a chute, conveyor or a

mechanical hoist and a pallet,

skipboard, tray or pie plate fitted with

a cargo net or sideboards.

* * * * *

§ 176.166 [Amended]

64. In § 176.166, in paragraph (a)(2),

the wording ‘‘§ 176.143 (b)(2)’’ is

removed and the wording ‘‘§ 176.142

(b)(2)’’ is added in its place.

§ 176.410 [Amended]

65. In § 176.410, in paragraph (a)(5),

the wording ‘‘UN 2072’’ is removed and

the wording ‘‘NA 2072’’ is added in its

place.

§ 176.415 [Amended]

66. In § 176.415, in paragraph (b)(3),

the wording ‘‘UN 2072’’ is removed and

the wording ‘‘NA 2072’’ is added in its

place.

§ 176.905 [Amended]

67. In § 176.905, in paragraph (j), the

wording ‘‘§ 173.220(f)’’ is removed and

the wording ‘‘§ 173.220(d)’’ is added in

its place.

PART 177—CARRIAGE BY PUBLIC

HIGHWAY

68. The authority citation for part 177

continues to read as follows:

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

1.53.

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58631

§ 177.835 [Amended]

69. In § 177.835, in the first sentence,

in paragraph (h), the wording

‘‘paragraphs (g), (k), and (m)’’ is

removed and the wording ‘‘paragraph

(g)’’ is added in its place and paragraph

(g) is revised to read as follows:

§ 177.835 Class 1 (explosive) materials.

* * * * *

(g) No detonator assembly or booster

with detonator may be transported on

the same motor vehicle with any

Division 1.1, 1.2 or 1.3 material (except

other detonator assemblies, boosters

with detonators or detonators),

detonating cord Division 1.4 material or

Division 1.5 material. No detonator may

be transported on the same motor

vehicle with any Division 1.1, 1.2 or 1.3

material (except other detonators,

detonator assemblies or boosters with

detonators), detonating cord Division

1.4 material or Division 1.5 material

unless—

(1) It is packed in a specification MC

201 (§ 178.318 of this subchapter)

container; or

(2) The package conforms with

requirements prescribed in § 173.63 of

this subchapter, and its use is restricted

to instances when—

(i) There is no Division 1.1, 1.2, 1.3

or 1.5 material loaded on the motor

vehicle; and

(ii) A separation of 61 cm (24 inches)

is maintained between each package of

detonators and each package of

detonating cord; or

(3) It is packed and loaded in

accordance with a method approved by

the Department requires that—

(i) The detonators are in packagings as

prescribed in § 173.63 of this subchapter

which in turn are loaded into suitable

containers or separate compartments;

and

(ii) That both the detonators and the

container or compartment meet the

requirements of the Institute of Makers

of Explosives’ Safety Library Publication

No. 22 (incorporated by reference, see

§ 171.7 of this subchapter).

70. In § 177.843, paragraph (c) is

revised to read as follows:

§ 177.843 Contamination of vehicles.

* * * * *

(c) In case of fire, accident, breakage,

or unusual delay involving shipments of

Class 7 (radioactive) material, see

§§ 171.15, 171.16 and 177.854 of this

subchapter.

71. In § 177.854, the introductory text

in paragraph (d) is revised to read as

follows:

§ 177.854 Disabled vehicles and broken or

leaking packages; repairs.

* * * * *

(d) Transportation of repaired

packages. Any package repaired in

accordance with the requirements of

paragraph (c)(1) of this section may be

transported to the nearest place at

which it may safely be disposed of only

in compliance with the following

requirements:

* * * * *

PART 178—SPECIFICATIONS FOR

PACKAGINGS

72. The authority citation for part 178

continues to read as follows:

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

1.53.

§ 178.37 [Amended]

73. In § 178.37, in paragraph (g)(4),

the wording ‘‘paragraph (l)(vi)’’ is

removed and the wording ‘‘paragraph

(g)(6)’’ is added in its place.

74. In § 178.44, in paragraph (b), Table

1 is amended by revising the entry for

Molybdenum to read as follows:

§ 178.44 Specification 3HT seamless steel

cylinders for aircraft use.

* * * * *

(b) * * *

TABLE 1.—AUTHORIZED MATERIALS

Designation AISI 4130

(percent)

*****

Molybdenum ......................... 0.15/0.25

* * * * *

§ 178.65 [Amended]

75. In § 178.65, in paragraph (i) (1)

introductory text, the wording ‘‘§ 173.24

(c)(1)(ii) and (iv) of this subchapter and’’

is removed.

76. In § 178.337–3, paragraphs (e),

(g)(2)(i), and the last three sentences in

paragraph (g)(2) introductory text are

revised to read as follows:

§ 178.337–3 Structural integrity.

* * * * *

(e) The minimum metal thickness for

the shell and heads must be 4.75 mm

(0.187 inch) for steel and 6.86 mm

(0.270 inch) for aluminum, except for

chlorine and sulfur dioxide tanks. For a

cargo tank used in chlorine or sulfur

dioxide service, the cargo tank must be

made of steel. A corrosion allowance of

20 percent or 2.54 mm (0.10 inch),

whichever is less, must be added to the

thickness otherwise required for sulfur

dioxide and chlorine tank material. In

chlorine cargo tanks, the wall thickness

must be at least 1.59 cm (0.625 inch),

including corrosion allowance.

* * * * *

(g) * * *

(2) * * * However, a pad with a

minimum thickness of 6.35 mm (0.250

inch) may be used when the shell or

head thickness is over 6.35 mm (0.250

inch). If weep holes or tell-tale holes are

used, the pad must be drilled or

punched at its lowest point before it is

welded. Each pad must:

(i) Extend at least 5.08 cm (2 inches)

in each direction from any point of

attachment of an appurtenance;

* * * * *

§ 178.345–3 [Amended]

77. In § 178.345–3, in paragraph (f)(3)

introductory text, in the first sentence,

the wording ‘‘paragraphs (g)(1) and

(g)(2)’’ is removed and the wording

‘‘paragraphs (f)(1) and (f)(2)’’ is added in

its place.

§ 178.345–10 [Amended]

78. In § 178.345–10, in paragraph (e)

introductory text, the wording

‘‘§ 178.348–10(d)’’ is removed and the

wording ‘‘§ 178.348–4’’ is added in its

place.

§ 178.345–13 [Amended]

79. In § 178.345–13, in paragraph (a),

the wording ‘‘and §§ 178.346–13 (a),

178.347–13 (a) or 178.348–13 (a), as

applicable’’ is removed.

§ 178.346–1 [Amended]

80. In § 178.346–1, the following

changes are made:

a. In paragraph (d)(2), the wording

‘‘178.346–3’’ is removed and the

wording ‘‘178.345–3’’ is added in its

place.

b. In paragraph (d)(4), the wording ‘‘,

178.346–14, 178.345–15, and 178.346–

15’’ is removed and the wording ‘‘and

178.345–15’’ is added in its place.

c. In paragraph (d)(6), the wording

‘‘§§ 178.345–10 and 178.346–10’’ is

removed and the wording ‘‘§ 178.345–

10’’ is added in its place.

d. In paragraph (d)(7), the wording

‘‘§§ 178.345–13 and 178.346–13’’ is

removed and the wording ‘‘§ 178.345–

13’’ is added in its place.

§ 178.347–1 [Amended]

81. In § 178.347–1, the following

changes are made:

a. In paragraph (d)(2), the wording

‘‘178.347–3’’ is removed and the

wording ‘‘178.345–3’’ is added in its

place.

b. In paragraph (d)(4), the wording

‘‘§§ 178.345–14, 178.347–14, 178.345–

15, and 178.347–15’’ is removed and the

wording ‘‘§§ 178.345–14 and 178.345–

15’’ is added in its place.

c. In paragraph (d)(6), the wording

‘‘§§ 178.345–10 and 178.347–10’’ is

58632 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

removed and the wording ‘‘§ 178.345–

10’’ is added in its place.

d. In paragraph (d)(7), the wording

‘‘§§ 178.345–13 and 178.347–13’’ is

removed and the wording ‘‘§ 178.345–

13’’ is added in its place.

§ 178.348–1 [Amended]

82. In § 178.348–1, the following

changes are made:

a. In paragraph (e)(2)(ii) the wording

‘‘§ 178.348–3’’ is removed and the

wording ‘‘§ 178.345–3’’ is added in its

place.

b. In paragraph (e)(2)(iv), the wording

‘‘§§ 178.345–14, 178.348–14, 178.345–

15, and 178.348–15’’ is removed and the

wording ‘‘§§ 178.345–14 and 178.345–

15’’ is added in its place.

c. In paragraph (e)(2)(vi), the wording

‘‘§§ 178.345–10 and 178.348–10’’ is

removed and the wording ‘‘§ 178.345–

10’’ is added in its place.

d. In paragraph (e)(2)(vii), the wording

‘‘§§ 178.345–13 and 178.348–13’’ is

removed and the wording ‘‘§ 178.345–

13’’ is added in its place.

83. In § 178.356–1, the last sentence

in paragraph (c) and paragraph (d) are

revised, and a new paragraph (e) is

added to read as follows:

§ 178.356–1 General requirements.

* * * * *

(c) * * * Shell closure must conform

to paragraph (d) of this section.

(d) Drums over 5 gallons capacity

must be closed by means of 12-gauge

bolted ring with drop forged lugs, one

of which is threaded, and having 3/8

inch bolt and nut for drums not over 30

gallons capacity and 5/8 inch bolt and

nut for drums over 30 gallons capacity.

Five gallon drums must be of lug type

closure with cover having at least 16

lugs.

(e) Drawings in CAPE–1662, which

include bills of material, are a part of

this specification.

84. In § 178.606, the third sentence in

paragraph (c)(1) is revised to read as

follows:

§ 178.606 Stacking test.

* * * * *

(c) * * *

(1) * * * The duration of the test

must be 24 hours, except that plastic

drums, jerricans, and composite

packagings 6HH intended for liquids

shall be subjected to the stacking test for

a period of 28 days at a temperature of

not less than 40°C (104°F). * * *

* * * * *

§ 178.703 [Amended]

85. In § 178.703, in paragraph (a)(1)(i),

the wording ‘‘§ 178.503(d)(1)’’ is

removed and the wording

‘‘§ 178.503(e)(1)’’ is added in its place.

PART 179—SPECIFICATIONS FOR

TANK CARS

86. The authority citation for part 179

continues to read as follows:

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

1.53.

§ 179.100–1 [Amended]

87. In § 179.100–1, in the section

heading, the wording ‘‘,179.103, and

179.104’’ is removed and the wording

‘‘and 179.103’’ is added in its place.

§ 179.100–3 [Amended]

88. In § 179.100–3, the following

changes are made:

a. In paragraph (a), in the second

sentence, the wording ‘‘§ 179.103 or

179.104’’ is removed and the wording

‘‘§ 179.103’’ is added in its place.

b. In paragraph (a), in the third

sentence, the wording ‘‘179.101–1(a)

table Note 10’’ is removed and the

wording ‘‘179.101–1’’ is added in its

place.

§ 179.100–9 [Amended]

89. In § 179.100–9, in paragraph (a),

the last sentence is removed.

§ 179.100–13 [Amended]

90. In § 179.100–13, in paragraph (e),

in the last sentence, the wording ‘‘

§ 179.101–1 (a)’’ is removed and the

wording ‘‘ § 179.101–1’’ is added in its

place.

§ 179.102–4 [Amended]

91. In § 179.102–4, in paragraph (a)

introductory text, the wording

‘‘paragraph (b)(1) or (b)(2)’’ is removed

and the wording ‘‘paragraph (a)(1) or

(a)(2)’’ is added in its place.

§ 179.220–1 [Amended]

92. In § 179.220–1, in the section

heading, the wording ‘‘, 179.221, and

179.222’’ is removed and the wording

‘‘and 179.221’’ is added in its place.

§ 179.301 [Amended]

93. In § 179.301, in paragraph (a), in

the table, under the column heading

‘‘DOT Specification’’, the entry

‘‘Bursting pressure, p.s.i. (see § 179.300–

5)’’ is revised to read ‘‘Minimum

required bursting pressure, p.s.i.’’.

§ 179.400–6 [Amended]

94. In § 179.400–6, in paragraph (b),

the wording ‘‘ § 179.400–7(d)’’ is

removed and the wording ‘‘ § 179.400–

8(d)’’ is added in its place.

§ 179.401–1 [Amended]

95. In § 179.401–1, in the table, in the

first column, in the eighth entry, the

wording ‘‘(see § 179.400–7 (a), (b), and

(c))’’ is removed and the wording ‘‘(see

§ 179.400–8(a) , (b), and (c))’’ is added

in its place.

PART 180—CONTINUING

QUALIFICATION AND MAINTENANCE

OF PACKAGINGS

96. The authority citation for part 180

continues to read as follows:

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

1.53.

§ 180.352 [Amended]

97. In § 180.352, in paragraph

(b)(3)(ii), the wording

‘‘§ 178.705(c)(1)(iv)(A)’’ is removed and

the wording ‘‘§ 178.705(c)(1)(iv)’’ is

added in its place.

§ 180.405 [Amended]

98. In § 180.405, the following

changes are made:

a. In paragraph (c)(2)(i), the wording

‘‘(see §§ 178.346–10 and 178.346–11’’ is

removed and the wording ‘‘(See

§§ 178.346–3 and 178.346–4’’ is added

in its place.

b. In paragraph (c)(2)(ii), the wording

‘‘(§§ 178.346–10 and 178.346–11’’ is

removed and the wording ‘‘(See

§§ 178.346–3 and 178.346–4’’ is added

in its place.

c. In paragraph (c)(2)(iii), the wording

‘‘(See §§ 178.347–10 and 178.347–11’’ is

removed and the wording ‘‘(See

§§ 178.347–4 and 178.345–11’’ is added

in its place.

d. In paragraph (c)(2)(iv), the wording

‘‘(See §§ 178.347–10 and178.347–11’’ is

removed and the wording ‘‘(See

§§ 178.347–4 and 178.345–11’’ is added

in its place.

e. In paragraph (c)(2)(v), the wording

‘‘(See §§ 178.348–10 and 178.348–11’’ is

removed and the wording ‘‘(See

§§ 178.348–4 and 178.345–11’’ is added

in its place.

f. In paragraph (c)(2)(vi), the wording

‘‘(See §§ 178.348–10 and 178.348–11’’ is

removed and the wording ‘‘(See

§§ 178.348–4 and 178.345–11’’ is added

in its place.

99. In § 180.407, the last sentence in

paragraph (h)(4) is revised to read as

follows:

§ 180.407 Requirements for test and

inspection of specification cargo tanks.

* * * * *

(h) * * *

(4) * * * In addition to a written

record of the inspection prepared in

accordance with § 180.417(b), the

Registered Inspector conducting the test

must note the hose identification

number, the date of the test, and the

condition of the hose assembly and

piping system tested.

* * * * *

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58633

§ 180.519 [Amended]

100. In § 180.519, the following

changes are made:

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

sentence, the wording ‘‘, except as

provided in paragraph (b)(8) of this

section,’’ is removed.

b. In paragraph (c), in the first

sentence, the wording ‘‘(§§ 179.300,

179.301, 179.302 of this subchapter)’’ is

removed and the wording ‘‘(§§ 179.300

and 179.301 of this subchapter)’’ is

added in its place.

Issued in Washington, DC, on September

20, 2000 under authority delegated in 49 CFR

part 1.

John P. Murray,

Acting Deputy Administrator, Research and

Special Programs Administration.

[FR Doc. 00–24633 Filed 9–28–00; 8:45 am]

BILLING CODE 4910–60–P