26796 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 171, 172, 173 and 178

[Docket HM–215A; Amdt. Nos. 171–132,

172–140, 173–242, and 178–107]

RIN 2137–AC42

Implementation of the United Nations

Recommendations, International

Maritime Dangerous Goods Code, and

International Civil Aviation

Organization’s Technical Instructions

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule; editorial revisions

and response to petitions for

reconsideration.

SUMMARY: On December 29, 1994, RSPA

published a final rule which amended

the Hazardous Materials Regulations to

maintain alignment with corresponding

provisions of international standards.

Recent changes to the International

Maritime Dangerous Goods Code (IMDG

Code), the International Civil Aviation

Organization’s Technical Instructions

for the Safe Transport of Dangerous

Goods by Air (ICAO Technical

Instructions or ICAO TI), and the United

Nations Recommendations on the

Transport of Dangerous Goods (UN

Recommendations) necessitated

amendments to domestic regulations to

provide consistency with international

transport requirements and to facilitate

the transport of hazardous materials in

international commerce. This final rule

corrects errors in that final rule and

responds to petitions for

reconsideration.

DATES: Effective: This final rule is

effective October 1, 1995. The effective

date for the final rule published under

Docket HM–215A on December 29, 1994

(59 FR 67390) remains October 1, 1995.

Compliance: However, compliance

with the regulations is authorized from

January 1, 1995.

FOR FURTHER INFORMATION CONTACT: Beth

Romo or John Gale, Office of Hazardous

Materials Standards (202) 366–4488,

Hazardous Materials Safety, 400

Seventh Street SW., Washington, DC

20590–0001.

SUPPLEMENTARY INFORMATION: On

December 29, 1994 (59 FR 67390), RSPA

published a final rule under Docket

HM–215A to maintain alignment with

corresponding provisions in

international standards, based on recent

changes to the International standards.

Since publication of the final rule,

RSPA has received seven petitions for

reconsideration, as well as other

correspondence identifying errors. This

document incorporates editorial and

technical revisions to the final rule

based on the merit of petitions and other

revisions that RSPA has determined are

necessary to correct or clarify the final

rule.

Section-by-Section Review

Part 171

Section 171.14. This section was

rewritten in the final rule to remove

certain obsolete compliance dates for

Docket HM–181 requirements and to

add new transition dates for provisions

adopted under Docket HM–215A. In

paragraph (a)(2)(i), which delays

compliance with new placard

specifications until October 1, 2001, the

phrases ‘‘placards specified in the

December 21, 1990 final rule’’ and ‘‘for

highway transportation only’’ were

inadvertently omitted. RSPA did not

intend to exclude placards specified in

the December 21, 1990 final rule, nor to

expand the scope of this transition

provision to other modes; therefore, the

phrases ‘‘or placards specified in the

December 21, 1990 final rule’’ and ‘‘for

highway transportation only’’ are

reinstated in paragraph (a)(2).

Paragraph (b) introductory text,

paragraph (b)(1) and paragraph (b)(2) are

revised to clarify that amendments

contained in this document supersede

changes made in the December 29, 1994

final rule. RSPA has received numerous

inquiries concerning the effective date

for compliance with the latest

requirements in the ICAO Technical

Instructions and the IMDG Code. A

Competent Authority Approval was

issued on December 29, 1994, which

authorizes shipments entering the U.S.

by air or vessel to comply with either

the 1993–1994 or 1995–1996 ICAO TI

and either Amendment 26 or

Amendment 27 of the IMDG Code until

October 1, 1995. For export shipments,

each destination country should be

consulted for delayed implementation

dates.

Part 172

Section 172.101: The Hazardous

Materials Table. In the Hazardous

Materials Table (HMT), several editorial

changes are made in response to

petitions for reconsideration and agency

initiatives. The entry in the HMT for

‘‘Benzaldehyde’’ is revised by placing a

‘‘+’’ in the first column which fixes the

hazard class for this material at Class 9.

The entry ‘‘n-Butyl isocyanate’’ is

revised to correctly identify the material

as a Hazard Zone B inhalation hazard

material. Aircraft quantity limitations

for ‘‘Cyanogen bromide’’ are revised for

consistency with the ICAO TI. The ‘‘D’’

in the first column for PETN is removed.

Special Provision 45 is removed from

‘‘Methyl Trichloroacetate’’ and correctly

assigned to the entry ‘‘Methacrylic acid,

inhibited’’. The entry for ‘‘Maneb,

stabilized or Maneb preparations,

stabilized’’ is revised by correctly

referencing Special Provision 54 in

Column (7).

RSPA received one petition for

reconsideration and numerous inquiries

requesting that the shipping name

‘‘Azodicarbonamide’’ be added to the

HMT. Clarification on the applicability

of the HMR to certain formulations of

azodicarbonamide also was requested.

This shipping name was proposed but,

based on the merit of comments, was

not adopted in the final rule. In the final

rule, RSPA stated that this entry was

‘‘superfluous’’ in light of the new

classification scheme for self-reactive

materials. However, the petitioner

correctly pointed out that this is not

consistent with international standards

and, without this proper shipping name,

packagings containing this material

which are imported into the U.S. would

need to be remarked before being

reshipped. Therefore, RSPA is adding

the shipping name ‘‘Azodicarbonamide’’

to the HMT. In addition, based on this

petition for reconsideration, RSPA is

adding Special Provision 38, which

incorporates the requirements of Special

Provision 215 of the UN

Recommendations for

azodicarbonamide. This special

provision clarifies that

azodicarbonamide with a Selfaccelerated decomposition temperature

(SADT) of 75° C or greater is not a selfreactive material.

The entries for certain pesticides

described as having a ‘‘flash point less

than 23 degrees C’’ are revised by

removing Packing Group III provisions.

Based on packing group criteria

provided in § 173.121, Packing Group III

materials in Class 3 cannot have a flash

point less than 23 degrees C; therefore,

Packing Group III provisions are

unnecessary.

Several entries are revised by adding,

removing, or revising special provisions

in Column (7). For the entries, ‘‘Jet

perforating guns, charged oil well,

without detonator,’’ classed in Divisions

1.1D and 1.4D, Special Provision 55 is

added. To provide consistency with

revised § 173.185, Special Provisions 18

and A12 assigned to ‘‘Lithium batteries,

contained in equipment’’ are removed

from that entry and Special Provision 29

is revised. In addition, quantity

limitations for passenger and cargo only
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26797

aircraft are adjusted to reflect these

revisions.

Appendix B to § 172.101. In the List

of Marine Pollutants as revised in the

final rule, the severe marine pollutant

designation ‘‘PP’’ is removed for the

entry for ‘‘Diethylbenzenes (mixed

isomers)’’ and is added for the entry

‘‘Copper metal powders’’.

Section 172.102. As discussed above,

based on a petition for reconsideration,

RSPA is adding Special Provision 38,

which incorporates the requirements of

Special Provision 215 of the UN

Recommendations for

azodicarbonamide. This special

provision clarifies that

azodicarbonamide with an SADT of 75°

C or greater is not a self-reactive

material. Also as discussed above, RSPA

is removing Special Provisions 18 and

A12 and revising Special Provision 29

for lithium batteries. In addition, RSPA

is correcting Special Provision 35 to

clarify that if a material assigned this

special provision does not meet

Division 6.1, but does meet another

hazard class, it is subject to the HMR.

This is consistent with international

standards. Special Provision 51 is

revised to indicate the quantity

limitations of propellant for the

different divisions for model rocket

motors, and Special Provisions 55 and

56 are added to clarify that jet

perforating guns with detonators must

be approved and must incorporate a

safety device.

Section 172.204. The certification in

paragraph (a)(2) is revised to reflect the

exact language contained in

international standards.

Section 172.402. A footnote to the

subsidiary labeling table in paragraph

(a)(2) is revised to clarify that only a

Class 3 Packing Group III material with

a flash point at or above 38° C (100° F)

being transported by highway or rail is

excepted from the requirement to apply

a subsidiary Class 3 label.

Part 173

Section 173.23. A new paragraph (g)

is added to allow the continued use of

non-bulk packagings conforming to the

pre-HM–215A requirements of Subparts

L and M of Part 178. This will permit

authorized packagings marked with

minimum, rather than nominal,

thickness and not permanently marked

on the bottom to remain in service.

Section 173.24. Newly adopted

provisions in paragraphs (c)(1) and

(d)(2), authorizing the use of UN

standard packagings manufactured

outside the U.S., are revised to clarify

that these packagings are not subject to

the specification requirements in Part

178.

Section 173.28. The requirement to

mark packagings with the month

leakproofness testing was performed is

removed in paragraph (b)(2)(ii). This is

consistent with the reconditioning

marking requirement in

§ 178.503(c)(1)(iii), revised in the final

rule to require only marking the year of

reconditioning.

In the final rule, in the footnote to the

table in paragraph (b)(4), RSPA adopted

minimum thicknesses of 0.80 mm and

1.10 mm as the required minimum

thicknesses of the steel in the side and

head, respectively, of a drum. The

Association of Container Reconditioners

(ACR) petitioned RSPA to restore the

minimum thickness requirements to

0.82 mm (0.032 inch) and 1.09 mm

(0.043 inch), which were the minimum

thickness requirements adopted in the

December 1990 final rule under Docket

HM–181. The ACR expressed concern

that a 1995 or later drum bearing a

‘‘0.80’’ thickness marking could be a

drum for which the minimum thickness

is 0.8 mm but more likely could be a

drum marked as nominal 0.8 mm for

which the minimum thickness is

actually 0.73 mm. In such a case, the

drum marked as nominal 0.8 mm could

not be reused or reconditioned.

Conversely, the Steel Shipping

Container Institute (SSCI) asked RSPA

to revise the footnote to indicate a

minimum thickness of 0.73 mm (0.029

inch) body and 1.01 mm (0.040 inch)

head, which is the minimum for a

nominal thickness of 0.80 mm and 1.10

mm, respectively. SSCI believes that use

of nominal thickness would allow for

consistent use of UN markings as a

guide to reconditioning.

After studying both petitions, as well

as the history of this footnote, RSPA has

concluded that what were believed to be

inconsequential differences in rounding

techniques have led to the current

situation. In adopting the footnote to the

table in the December 1990 final rule,

RSPA intended to allow drums with

minimum head and body thicknesses

corresponding to the minimum

thicknesses for 18 and 20 gauge steel.

This decision was based on the merit of

comments to Notice 87–4 [May 5, 1987;

52 FR 16482] contending that steel

drums used in the U.S. with 18 gauge

body and 20 gauge heads have proven

to be adequate for transportation and

reuse. (The Notice proposed a 1.0 mm

minimum thickness for both body and

head for reuse.) RSPA did not intend to

authorize significantly thinner drums by

rounding the minimum thickness from

0.82 to 0.8 mm and understands the

problems that may result from drums

marked ‘‘0.8.’’

RSPA is not prepared to reduce the

required minimum thickness to 0.73

mm, as SSCI suggested, because there is

no assurance that drums with such a

thickness can be reused safely. Based on

the merits of comments, RSPA believes

that a minimum body thickness of 0.82

mm and a minimum head thickness of

1.09 mm are the most appropriate

minimum thicknesses to maintain the

desired level of safety, and the footnote

is revised accordingly. Because the

metric measurement is the regulatory

standard and the U.S. customary

measurement is provided for

information only, RSPA is removing the

equivalent measurements in inches in

the footnote to preclude further

confusion. To determine an equivalent

measurement in U.S. customary units, a

conversion table is provided in § 171.10.

Three petitioners asked RSPA to

reconsider the exception for certain

plastic drums from leakproofness testing

before each reuse. The Society of

Plastics Industry (SPI) claimed that by

adopting this provision in the final rule

without specifically proposing an

exception for plastic drums in the

NPRM, RSPA had not provided

adequate notice and opportunity to

comment. Another petitioner, the

Association of Container

Reconditioners, also noted that adoption

of the exception from leakproofness

testing before reuse for certain plastic

drums was ‘‘improper, having been

without required notice under the

Administrative Procedure Act.’’

Section 553(b)(3) of the

Administrative Procedures Act (APA)

states that:

General notice of proposed rule making

shall be published in the Federal Register

* * *. The notice shall include— * * * (3)

either the terms or substance of the proposed

rule or a description of the subjects and

issues involved.

5 U.S.C. 553(b)(3).

Section 553(c) requires that after

notice has been given as required under

section 553(b)(3):

* * * the agency shall give interested

persons an opportunity to participate in the

rule making through submission of written

data, views, or arguments * * *.

5 U.S.C. 553(c).

Petitioners argued that the final rule

extending the exception from

leakproofness testing to plastic drums

differed so substantially from the

proposed amendment regarding

leakproofness testing that they

essentially were denied notice and an

opportunity to comment, as required

under section 553 (b)(3) and (c).

However, in the Notice of Proposed
26798 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

Rulemaking (NPRM) published on July

18, 1994 (59 FR 36488), RSPA stated

Based on the merits of a petition for

rulemaking (P–1133), a new paragraph

[178.37](b)(7) would be added to waive

retesting requirements for certain packagings

used in limited operations prior to each reuse

* * *. RSPA is proposing similar

provisions in new paragraph (b)(7) for certain

packagings to be reused without leakproof

testing. Packagings would be limited to

stainless steel, monel, or nickel drums (or

other packagings approved by the Associate

Administrator for Hazardous Materials

Safety) * * *. Other packagings could

qualify only if approved by the Associate

Administrator for Hazardous Materials

Safety.

(Emphasis added.)

Based on this statement, 34

commenters requested that the agency

extend the exception from leakproofness

testing to plastic drums as well as those

made of stainless steel, monel or nickel.

Although section 553(b)(3) requires

that a Notice of Proposed Rulemaking

(NPRM) contain ‘‘either the terms or

substance of the proposed rule or a

description of the subjects and issues

involved,’’ it does not require an agency

to publish in advance every precise

proposal which it may ultimately adopt

as a rule. Daniel International

Corporation v. Occupational Safety and

Health Review Commission and the

Secretary of Labor, 656 F.2d 925 (4th

Cir. 1981) citing Spartan Radiocasting

Co. v. F.C.C., 619 F.2d 314 (4th Cir.

1980) and California Citizens Band

Association v. U.S., 375 F.2d 43 (9th

Cir. 1967), cert. denied, 389 U.S. 844, 88

S. Ct. 96 (1967). This is particularly true

when proposals are adopted in response

to comments from participants in the

rulemaking proceeding, as is the case in

this instance. The ‘‘requirement of

submission of a proposed rule for

comment does not automatically

generate a new opportunity for

comment merely because the rule

promulgated differs from the rule

proposed, partly at least in response to

submissions.’’ Daniel International

Corporation v. Occupational Safety and

Health Review Commission and the

Secretary of Labor, 656 F.2d at 932,

citing International Harvester Co. v.

Ruckelshaus, 478 F.2d 615, 632 (D.C.

Cir. 1973). ‘‘A contrary rule would lead

to the absurdity that an agency could

learn from comments on its proposals

only at the peril of starting a new

procedural round of commentary.’’ Id. at

932, citing International Harvester at

632, n. 51.

As in Daniel International, the change

in RSPA’s requirement was made in

response to comments to the NPRM.

And, although the NPRM that was the

subject of Daniel International did not

indicate that a change in application of

the standard at issue was contemplated,

the court nevertheless found that the

filing of numerous comments on the

issue suggested that the notice was

adequate. The court noted that to hold

otherwise would penalize the agency for

benefitting from comments received and

further bureaucratize the process. Id. at

932. In this instance, RSPA specifically

stated twice that it would consider

extending the leakproofness testing

exception to other packagings upon

request. These statements were

sufficient to generate 34 comments

requesting that RSPA extend the

leakproofness testing exception to

plastic drums. Therefore, the NPRM

gave sufficient notice and an

opportunity to comment on the issue of

exceptions for leakproofness testing.

In its petition, in addition to the claim

that RSPA violated the APA, SPI

charged that adoption of this exception

‘‘could be viewed as an arbitrary and

capricious abandonment of RSPA’s

public safety responsibility.’’ However,

in a petition for reconsideration to HM–

181 submitted in 1991 by the Plastic

Drum Institute (PDI), a division of SPI,

the PDI noted that ‘‘plastic drums, for

example, do not have a seamed type of

construction that can contribute to

seepage types of leakage.’’ Furthermore,

a comment to the proposed HM–181

rule cited a PDI report stating that ‘‘in

1986, the release from these

(Specification 34 plastic) drums was

less than .003% of the total drum

shipments. Of the total gallons lost, the

amount was less than .0005% of the

total volume shipped.’’ Therefore, RSPA

does not agree that plastic drums that

have demonstrated a very low frequency

of leakage without leakproofness testing

before each reuse should be subject to

such testing. SPI’s petition for

reconsideration is, therefore, denied.

RSPA has received numerous requests

to clarify provisions in the exception

from leakproofness testing before reuse

of certain metal and plastic drums. Of

particular concern is the phrase

‘‘distribution chain controlled by the

offeror’’ in paragraph (b)(7)(iii). The

exception is intended to apply only to

a drum which is in dedicated service;

i.e., the drum is refilled with the same

material or a material compatible with

that previously contained in the drum,

only the original filler may refill the

drum before offering it for

transportation, and the drum may only

be transported in a transport vehicle or

freight container that does not contain

any material offered by anyone other

than the filler of the drums. The drums

may be transported to an unspecified

number of destinations, as long as they

are not refilled by anyone other than the

original filler. Otherwise, they must be

leakproofness tested before they are

refilled. Paragraph (b)(7) is revised to

clarify the intent of the exception.

Section 173.62. One petitioner

requested that RSPA reconsider the

decision not to adopt a domestic

shipping description for jet perforating

guns, with detonator. The petitioner had

requested that the description be added

to the final rule. RSPA rejected the

request stating ‘‘US006 only allows

detonators to be transported with, not

in, detonators.’’ The petitioner,

however, noted that in the NPRM

published under Docket HM–166X

[August 7, 1991; 56 FR 37505] RSPA

stated it was revising packing method

US006 to permit the transport of jet

perforating guns with detonators

attached. RSPA stands corrected. The

HMR currently does allow, with safety

features, the transport of jet perforating

guns with detonators attached when

approved in accordance with § 173.56.

Therefore, RSPA is adding domestic

shipping descriptions (Divisions 1.1D

and 1.4D) for jet perforating guns with

detonators attached. RSPA is adding

special provisions to these description

to clarify that the device must be

approved in accordance with § 173.56

and it must incorporate a safety device.

RSPA also is clarifying the shipping

descriptions for jet perforating guns

without detonators by adding a special

provision that makes it clear that this

item must be approved in accordance

with § 173.56. In addition, in the

paragraph (c) Table of Packing Methods,

packing method E–142 is revised to

correctly reference appropriate

packaging requirements and exceptions.

Section 173.150. Paragraph (d)(2) is

revised for clarity and consistency with

international provisions which except

from regulation alcoholic beverages in

inner packagings having a capacity of

five liters or less. The final rule

authorized ‘‘packagings’’ of five liters or

less, but did not specify ‘‘inner

packagings’’. This error is corrected in

this document.

Section 173.185. Paragraphs (e)(6),

(h)(1), and (j) are revised to clarify

certain provisions adopted under the

final rule. Paragraph (e)(6) is revised to

indicate that the limit of 500 g of

lithium or lithium alloy in strong inner

packagings is for each inner packaging.

Paragraph (h)(1), which addresses cells

and batteries for disposal, clarifies that

the 12 g limit per cell applies to the cell

when new. Paragraph (j) is revised to

emphasize that provisions for transport

for testing purposes do not apply to
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26799

lithium cells and batteries contained in

equipment.

Sections 173.224 and 173.225. Several

editorial changes are made to the SelfReactive Materials Table in § 173.224

and the Organic Peroxide Table in

§ 173.225, based on petitions for

reconsideration and agency initiative.

Section 173.306. Based on a provision

in the UN Recommendations, RSPA

proposed and incorporated a hot water

bath test for aerosol containers in

paragraph (a)(3)(v). By adopting

provisions identical to those contained

in the UN Recommendations, RSPA

failed to remove wording referring to

certain non-specification plastic aerosol

containers. The final rule made no

revisions to paragraphs (a)(3) and

(a)(3)(ii), which specify only metal

containers. Based on a request to clarify

these provisions, RSPA is amending

paragraph (a)(3)(v) to remove all

references to plastic containers.

Part 178

Section 178.503. In paragraph (e)(3),

the example of a UN marking for

reconditioned packagings is revised to

indicate that only the last two digits of

the year the packaging was

reconditioned are required as part of the

marking.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule is not considered to be

a significant regulatory action under

section 3(f) of Executive Order 12866

and was not reviewed by the Office of

Management and Budget. The rule is not

considered significant under the

Regulatory Policies and Procedures of

the Department of Transportation [44 FR

11034]. The original regulatory

evaluation of the final rule was

reexamined but was not modified

because the changes made under this

rule will result in minimal economic

impact on industry.

B. Executive Order 12612

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 (‘‘Federalism’’). Federal law

expressly preempts State, local, and

Indian tribe requirements applicable to

the transportation of hazardous material

that cover certain covered subjects and

are not substantively the same as

Federal requirements. 49 U.S.C.

5125(b)(1). These subjects are:

(A) The designation, description, and

classification of hazardous materials;

(B) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous material;

(C) The preparation, execution, and

use of shipping documents pertaining to

hazardous material and requirements

respecting the number, content, and

placement of such documents;

(D) The written notification,

recording, and reporting of the

unintentional release in transportation

of hazardous material; and

(E) The design, manufacturing,

fabrication, marking, maintenance,

reconditioning, repairing, or testing of a

package or container which is

represented, marked, certified, or sold

as qualified for use in the transportation

of hazardous material.

This final rule concerns classification,

packaging, labeling, marking, shipping

documentation, and manufacture of

packaging for hazardous material.

Therefore, this final rule preempts State,

local, or Indian tribe requirements that

are not substantively the same as

Federal requirements on these subjects.

Section 5125(b)(2) of title 49 U.S.C.

provides that when 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.

That effective date may not be earlier

than the 90th day following the date of

issuance of the final rule and not later

than two years after the date of issuance.

RSPA has determined that the effective

date of Federal preemption for these

requirements will be October 1, 1995.

Thus, RSPA lacks discretion in this

area, and preparation of a federalism

assessment is not warranted.

C. Regulatory Flexibility Act

This rule revises certain provisions

incorporated into the Hazardous

Materials Regulations based on changes

introduced in the seventh and eighth

revised editions of the UN

Recommendations, the 1993–1994 and

1995–1996 ICAO Technical

Instructions, and Amendments 26 and

27 to the IMDG Code. It applies to

offerors and carriers of hazardous

materials and facilitates the

transportation of hazardous materials in

international commerce by providing

consistency with international

requirements. Therefore, I certify that

this rule will not have a significant

economic impact on a substantial

number of small entities.

D. Paperwork Reduction Act

The requirements for information

collection have been approved by the

Office of Management and Budget

(OMB) under the provisions of the

Paperwork Reduction Act 0f 1980 (Pub.

L. 96–511) under OMB control number

2137–0034 for shipping papers and

2137–0557 for approvals.

E. Regulation Identifier Number (RIN)

A regulation identifier number (RIN)

is assigned to each regulatory action

listed in the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number contained in the

heading of this document can be used

to cross-reference this action with the

Unified Agenda.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials

transportation, Hazardous waste,

Imports, Incorporation by reference,

Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation,

Hazardous waste, Labels, Markings,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation,

Packaging and containers, Radioactive

materials, Reporting and recordkeeping

requirements, Uranium.

49 CFR Part 178

Hazardous materials transportation,

Motor vehicles safety, Packaging and

containers, Reporting and recordkeeping

requirements.

In consideration of the foregoing, 49

CFR parts 171, 172, 173 and 178 are

amended as follows:

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171

continues to read as follows:

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

1.53.

2. In § 171.14, as revised at 59 FR

67407, on December 29, 1994, a new

sentence is added after the first sentence

of paragraph (b) introductory text to

read as follows:

§ 171.14 Transitional provisions for

implementing requirements based on the

UN Recommendations.

* * * * *

(b) * * * A final rule published in the

Federal Register on May 18, 1995,

effective October 1, 1995, further

amended the December 29, 1994 final

rule. * * *

* * * * *
26800 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

§ 171.14 [Amended]

3. In addition, in § 171.14, as revised

at 59 FR 67407, the following changes

are made:

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

‘‘September 30, 1991, may be used in

place of ‘‘ is revised to read ‘‘September

30, 1991 or placards specified in the

December 21, 1990 final rule may be

used, for highway transportation only,

in place of’’.

b. In paragraph (b) introductory text,

at the end of the last sentence, the

wording ‘‘as amended in the final rule

published in the Federal Register on

May 18, 1995 is added.

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

‘‘December 29, 1994, final rule’’ is

revised to read ‘‘December 29, 1994

final rule, as amended in the May 18,

1995 final rule’’.

d. In paragraph (b)(2) introductory

text, the wording ‘‘by the December 29,

1994, rule,’’ is revised to read ‘‘by the

December 29, 1994 rule, as amended by

the May 18, 1995 rule,’’.

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

4. The authority citation for part 172

continues to read as follows:

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

1.53.

5. In § 172.101, as amended at 59 FR

67408, the Hazardous Materials Table is

amended by removing or adding in

alphabetical order the following entries

to read as follows:

§ 172.101 Purpose and use of hazardous

materials table.

* * * * *

SECTION 172.101.—HAZARDOUS MATERIALS TABLE

Symbols

Hazardous materials descriptions and proper shipping

names

Hazard

class

or Division

Identification

Numbers

Packing

group

Label(s) required (if not

excepted)

Special

provisions

(8)

Packaging

authorizations

(§ 173.***)

(9)

Quantity

limitations

(10)

Vessel stowage

requirements

Exceptions

Nonbulk

packaging

Bulk

packaging

Passenger

aircraft

or railcar

Cargo

aircraft

only

Vessel

stowage

Other

stowage

provisions

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

* * * * * * *

Arsenical pesticides, liquid,

flammable,

toxic, flash

point less

than 23 degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B 40

* * * * * * *

Benzoic derivative pesticides, liquid,

flammable,

toxic, flash

point less

than 23 degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B 40
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26801

SECTION 172.101.—HAZARDOUS MATERIALS TABLE—Continued

Symbols

Hazardous materials descriptions and proper shipping

names

Hazard

class

or Division

Identification

Numbers

Packing

group

Label(s) required (if not

excepted)

Special

provisions

(8)

Packaging

authorizations

(§ 173.***)

(9)

Quantity

limitations

(10)

Vessel stowage

requirements

Exceptions

Nonbulk

packaging

Bulk

packaging

Passenger

aircraft

or railcar

Cargo

aircraft

only

Vessel

stowage

Other

stowage

provisions

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

* * * * * * *

Bipyridilium

pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B 40

* * * * * * *

Carbamate

pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B 40

* * * * * * *

Copper based

pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B 40

* * * * * * *

Dithiocarbamate pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]
26802 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

SECTION 172.101.—HAZARDOUS MATERIALS TABLE—Continued

Symbols

Hazardous materials descriptions and proper shipping

names

Hazard

class

or Division

Identification

Numbers

Packing

group

Label(s) required (if not

excepted)

Special

provisions

(8)

Packaging

authorizations

(§ 173.***)

(9)

Quantity

limitations

(10)

Vessel stowage

requirements

Exceptions

Nonbulk

packaging

Bulk

packaging

Passenger

aircraft

or railcar

Cargo

aircraft

only

Vessel

stowage

Other

stowage

provisions

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

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B 40

* * * * * * *

Mercury based

pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B 40

* * * * * * *

Organochlorine

pesticides

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L A

* * * * * * *

Organophosphorous pesticides, liquid,

flammable,

toxic, flash

point less

than 23 degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L A
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26803

SECTION 172.101.—HAZARDOUS MATERIALS TABLE—Continued

Symbols

Hazardous materials descriptions and proper shipping

names

Hazard

class

or Division

Identification

Numbers

Packing

group

Label(s) required (if not

excepted)

Special

provisions

(8)

Packaging

authorizations

(§ 173.***)

(9)

Quantity

limitations

(10)

Vessel stowage

requirements

Exceptions

Nonbulk

packaging

Bulk

packaging

Passenger

aircraft

or railcar

Cargo

aircraft

only

Vessel

stowage

Other

stowage

provisions

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

* * * * * * *

Pesticides, liquid, flammable, toxic,

(flash point

less than 23

degrees C).

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L B

* * * * * * *

Phenoxy pesticides, liquid,

flammable,

toxic, flash

point less

than 23 degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L A

* * * * * * *

Phenyl urea

pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L A

* * * * * * *

Phthalimide

deriviative

pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]
26804 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

SECTION 172.101.—HAZARDOUS MATERIALS TABLE—Continued

Symbols

Hazardous materials descriptions and proper shipping

names

Hazard

class

or Division

Identification

Numbers

Packing

group

Label(s) required (if not

excepted)

Special

provisions

(8)

Packaging

authorizations

(§ 173.***)

(9)

Quantity

limitations

(10)

Vessel stowage

requirements

Exceptions

Nonbulk

packaging

Bulk

packaging

Passenger

aircraft

or railcar

Cargo

aircraft

only

Vessel

stowage

Other

stowage

provisions

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

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L A

* * * * * * *

Substituted

nitrophenol

pesticides,

liquid, flammable, toxic,

flash point

less than 23

degrees C.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

* * * * * * *

[REMOVE]

......................... ......... ............. III FLAMMABLE

LIQUID,

KEEP AWAY

FROM

FOOD.

B1 150 203 242 60 L 220 L A

* * * * * * *

[ADD]

* * * * * * *

Azodicarbonamide.4.1 UN3242 II FLAMMABLE

SOLID.

38 151 212 240 Forbidden.Forbidden.D 12, 61,

74

* * * * * * *

D Jet perforating

guns,

charged oil

well, with

detonator.

1.1D NA0124 II EXPLOSIVE

1.1D.

D55,

56

None 62 .... None Forbidden.Forbidden.A 24E

D Jet perforating

guns,

charged oil

well, with

detonator.

1.4D NA0494 II EXPLOSIVE

1.4D.

55,

56.

None 62 None ForbiddenForbiddenB

§ 172.101 [Amended]

6. In addition, in § 172.101, in the

Hazardous Materials Table, as amended

at 59 FR 67408, the following changes

are made:

a. For the entry ‘‘Benzaldehyde’’, in

Column (1), a ‘‘+’’ is added.

b. For the entry ‘‘n-Butyl isocyanate’’,

in Column (7), Special Provisions ‘‘1’’,

‘‘B30’’, ‘‘B72’’ and ‘‘T44’’ are removed

and Special Provisions ‘‘2’’, ‘‘B32’’,

‘‘B74’’ and ‘‘T45’’ are added in their

place; and in Column (8B), the reference

‘‘226’’ is revised to read ‘‘227’’.

c. For the entry ‘‘Cotton’’, in Column

(4), the identification number

‘‘NA1365’’ is added.

d. For the entry ‘‘Cotton, wet’’, in

Column (4), the identification number

‘‘UN1365’’ is added.

e. For the entry ‘‘Coumarin deriviative

pesticides, liquid, toxic, flammable,

flashpoint less than 23 degrees C’’, the

wording ‘‘flashpoint less than’’ is

revised to read ‘‘flash point not less

than’’.

f. For the entry ‘‘Cyanogen bromide’’,

in Column (9A), the wording

‘‘Forbidden’’ is revised to read ‘‘1 kg’’,

and in Column (9B) the wording

‘‘Forbidden’’ is revised to read ‘‘15 kg’’.

g. For the entry ‘‘Isopentane, see nPentane’’, in Column (2), the wording

‘‘n-Pentane’’ is revised to read

‘‘Pentane’’.

h. For the entry ‘‘Jet perforating guns,

charged oil well, without detonator’’,

Special Provision ‘‘55’’ is added in

Column (7), and for the entry ‘‘Jet

perforating guns, charged, oil well,

without detonator’’, Special Provision

‘‘55,’’ is added in Column (7) before

‘‘114’’.

i. For the entry ‘‘Lithium batteries,

contained in equipment’’, in Column
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26805

(7), Special Provisions ‘‘18’’ and ‘‘A12’’

are removed; in Column (9A) the word

‘‘Forbidden’’ is removed and the

wording ‘‘5 kg’’ is added in its place;

and in Column (9B), the wording ‘‘See

A12’’ is removed and the wording ‘‘5

kg’’ is added in its place.

j. For the entry ‘‘Lithium battery’’, in

Column (9A), the wording ‘‘Forbidden’’

is removed and the wording ‘‘5 kg’’ is

added in its place.

k. For the entry ‘‘Maneb stabilized or

Maneb preparations, stabilized against

self-heating’’ in Column (7), Special

Provision ‘‘53’’ is revised to read ‘‘54’’.

l. For the entry ‘‘Methacrylic acid,

inhibited’’, in Column (7), Special

Provision ‘‘45,’’ is added before ‘‘T8’’.

m. For the entry ‘‘Methyl

trichloroacetate’’, in Column (7), Special

Provision ‘‘45,’’ is removed.

n. For the entry ‘‘Pentaerythrite

tetranitrate, wetted or Pentaerythritol

tetranitrate, wetted, or PETN, wetted

with not less than 25 percent water, by

mass, or Pentaerythrite tetranitrate, or

Pentaerythritol tetranitrate or PETN,

desensitized with not less than 15

percent phlegmatizer by mass’’ the ‘‘D’’

in Column (1) is removed.

Appendix B to § 172.101 [Amended]

7. In Appendix B to § 172.101, as

amended at 59 FR 67485, in the List of

Marine Pollutants, the following

changes are made:

a. For the entry ‘‘Copper metal

powder’’, in Column (1), ‘‘PP’’ is added.

b. For the entry ‘‘Diethylbenzenes

(mixed isomers)’’, in Column (1), ‘‘PP’’

is removed.

8. In § 172.102, in paragraph (c)(1),

Special Provision 18 is removed,

Special Provision 29 is revised, Special

Provision 51, as added at 59 FR 67485,

is revised, and Special Provisions 38, 55

and 56 are added; and in paragraph

(c)(2), Special Provision A12 is

removed, to read as follows:

§ 172.102 Special provisions.

* * * * *

(c) * * *

(1) * * *

Code/Special Provisions

* * * * *

29 Lithium cells and batteries and

equipment containing or packed with lithium

cells and batteries which do not comply with

the provisions of § 173.185 of this subchapter

may be transported only if they are approved

by the Associate Administrator for Hazardous

Materials Safety.

* * * * *

38 If this material shows a violent effect in

laboratory tests involving heating under

confinement, the labeling requirements of

Special Provision 53 apply, and the material

must be packaged in accordance with

packing method OP6B in § 173.225 of this

subchapter. If the SADT is higher than 75° C,

the technically pure substance and

formulations derived from it are not selfreactive materials.

* * * * *

51 This description applies to items

previously described as ‘‘Toy propellant

devices, Class C’’ and includes reloadable

kits. Model rocket motors containing 30

grams or less propellant are classed as

Division 1.4S and items containing more

than 30 grams of propellant but not more

than 62.5 grams of propellant are classed as

Division 1.4C.

* * * * *

55 This device must be approved in

accordance with § 173.56 of this subchapter

by the Associate Administrator for Hazardous

Materials Safety.

56 A means to interrupt and prevent

detonation of the detonator from initiating

the detonating cord must be installed

between each electric detonator and the

detonating cord ends of the jet perforating

guns before the charged jet perforating guns

are offered for transportation.

* * * * *

§ 172.102 [Amended]

9. In addition, in § 172.102(c)(1), as

amended at 59 FR 67485, Special

Provision 35 is amended by removing

the wording ‘‘are not subject to the

requirements of this subchapter’’ and

adding in its place ‘‘do not meet the

definition of Division 6.1’’.

10. In § 172.204, paragraph (a)(2) is

revised to read as follows:

§ 172.204 Shipper’s certification.

(a) * * *

(2) ‘‘I hereby declare that the contents

of this consignment are fully and

accurately described above by the

proper shipping name, and are

classified, packaged, marked and

labelled/placarded, and are in all

respects in proper condition for

transport according to applicable

international and national governmental

regulations.’’

* * * * *

§ 172.402 [Amended]

11. In § 172.402, as amended at 59 FR

67490, in paragraph (a)(2), in the

footnotes following the table, the

footnote identified as ‘‘*’’ is revised to

read ‘‘Required for all modes, except for

a material with a flash point at or above

38° C (100°F) transported by rail or

highway’’.

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

12. The authority citation for Part 173

continues to read as follows:

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

CFR 1.53.

13. In § 173.23, a new paragraph (g) is

added to read as follows:

§ 173.23 Previously authorized packaging.

* * * * *

(g) A non-bulk packaging

manufactured, tested, marked, and

certified on or before September 30,

1996, in accordance with the applicable

provisions of subparts L and M of part

178 of this subchapter in effect on

September 30, 1995, may be used as

authorized by this subchapter if the

packaging conforms to all requirements

applicable at the time of manufacture. In

addition, such a packaging may be

reused as authorized by § 173.28

without a nominal thickness marking, if

it conforms to the minimum thickness

criteria prescribed in § 173.28(b)(4).

§ 173.24 [Amended]

14. In § 173.24, as amended at 59 FR

67491, the following changes are made:

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

‘‘(including U.N. standard packagings

manufactured in the United States)’’ is

revised to read ‘‘(but not including UN

standard packagings manufactured

outside the United States)’’.

b. In paragraph (d)(2) introductory

text, the wording ‘‘used as an authorized

packaging’’ is revised to read ‘‘used and

is considered to be an authorized

packaging’’.

15. In § 173.28, as amended at 59 FR

67491, paragraph (b)(7)((iii) is

redesignated as paragraph (b)(7)(iv), a

new paragraph (b)(7)(iii) is added and

paragraph (b)(7) introductory text,

paragraph (b)(7)(i) and paragraph

(b)(7)(ii) are revised, to read as follows:

§ 173.28 Reuse, reconditioning and

remanufacture of packagings.

* * * * *

(b) * * *

(7) Notwithstanding the provisions of

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

packaging otherwise authorized for

reuse may be reused without being

leakproofness tested with air provided

the packaging—

(i) Is refilled with a material which is

compatible with the previous lading:

(ii) Is refilled and offered for

transportation by the original filler;

(iii) Is transported in a transport

vehicle or freight container under the

exclusive use of the refiller of the

packaging; and

* * * * *

§ 173.28 [Amended]

16. In addition, in § 173.28, the

following changes are made:

a. In paragraph (b)(2)(ii), in the first

sentence, the wording ‘‘month and’’ is

removed.
26806 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

b. In paragraph (b)(4), as revised at 59

FR 67491, in Footnote 1 following the

table, the wording ‘‘0.80 mm (0.03 inch)

body and 1.10 mm (0.043 inch) heads’’

is revised to read ‘‘0.82 mm body and

1.09 mm head’’.

17. In § 173.62, in paragraph (b), the

Explosives Table is amended by adding

the following entry in appropriate

alpha-numerical sequence to read as

follows:

§ 173.62 Specific packaging requirements.

* * * * *

(b) * * *

EXPLOSIVES TABLE

Identification No. Packing methods

[ADD].

NA0494 ..................... US006

* * * * *

§ 173.62 [Amended]

17a. In addition, in § 173.62, as

amended at 59 FR 67492, in paragraph

(c) ‘‘Table of Packing Methods’’, for the

entry ‘‘E–142’’, in Column (4), ‘‘40, D11,

D39’’ is revised to read ‘‘41, D9, D11’’.

§ 173.150 [Amended]

18. In § 173.150, as amended at 59 FR

67508, in paragraph (d)(2), the wording

‘‘a packaging of five liters’’ is revised to

read ‘‘an inner packaging of five liters’’.

§ 173.185 [Amended]

19. In § 173.185, as revised at 59 FR

67509, the following changes are made:

a. In paragraph (e)(6), at the end of the

first sentence, after the word ‘‘alloy’’,

the wording ‘‘per inner packaging’’ is

added.

b. In paragraph (h)((1), after the word

‘‘Cells’’, the wording ‘‘, when new,’’ is

added.

c. In paragraph (j), in the first

sentence, after the wording ‘‘testing

purposes,’’ the wording ‘‘when not

contained in equipment,’’ is added.

20. In § 173.224, as revised at 59 FR

67511, at the end of the paragraph (b)

table, a new Note 3 is added to read as

follows:

§ 173.224 Packaging and control and

emergency temperatures for self-reactive

materials.

* * * * *

(b) * * *

Self-Reactives Materials Table

* * * * *

Notes:

* * * * *

3. The emergency and control temperatures

must be determined in accordance with

§ 173.21(f).

§ 173.224 [Amended]

21. In addition, in § 173.224, as

revised at 59 FR 67511, in the table in

paragraph (b), the following changes are

made:

a. For the entries ‘‘Azodicarbonamide

formulation type B’’,

‘‘Azodicarbonamide formulation type

C’’ and ‘‘Azodicarbonamide formulation

type D’’, in Column (7), ‘‘3’’ is added.

b. For the entry

‘‘2,21=Azodi(isobutyronitrile)’’, in

Column (1), ‘‘2,21’’ is revised to read

‘‘2,2’’’, and in Column (6), the

emergency temperature ‘‘45’’ is revised

to read ‘‘+45’’.

c. For the entry ‘‘2,21=Azodi(2-

methylbutyronitrile)’’, in Column (1),

‘‘2,21’’ is revised to read ‘‘2,2’’’.

d. For the entries

‘‘1,1=Azodi(hexahydrobenzonitrile)’’,

‘‘Benzene-1,3-disulphohydrazide, as a

paste’’, ‘‘Benzene sulphohydrazide’’, ‘‘4-

(Benzyl(ethyl)amino)-3-

ethoxybenzenediazonium zinc

chloride’’, and ‘‘3=Chloro4=Diethylamino-benzenediazonium

zinc chloride’’, in Column (2), the

identification number ‘‘3236’’ is revised

to read ‘‘3226’’ each place it appears.

e. For the entry ‘‘4-

Methylbenzenesulphonylhydrazide’’, in

Column (2), the identification number

‘‘3226’’ is removed and replaced with

the identification number ‘‘3236’’.

f. In the Notes following the

paragraph (b) table, in Note 2, the

wording ‘‘substance type C’’ is revised

to read ‘‘substance type B’’.

§ 173.225 [Amended]

22. In § 173.225, as amended at 59 FR

67513, in the Organic Peroxides Table

in paragraph (b), the following changes

are made:

a. For the first entry for ‘‘tert-Butyl

monoperoxymaleate as a paste’’, ID

Number ‘‘UN3108’’, in Column (8), Note

‘‘21’’ is removed.

b. For the second entry for ‘‘tert-Butyl

monoperoxymaleate as a paste’’, in

Column (2), the ID Number ‘‘UN3010’’

is removed and replaced with the ID

Number ‘‘UN3110’’, and in Column (8),

Note ‘‘21’’ is removed and replaced with

Note ‘‘7’’.

c. In the entry for ‘‘tert-Butyl

peroxydiethylacetate and tert-Butyl

peroxybenzoate’’, in Column (6), the

entry ‘‘OP7’’ is revised to read ‘‘OP7A’’,

and the ‘‘A’’ in Column (7a) is removed.

d. For the entry ‘‘tert-Butyl

peroxyneodecanoate as a paste’’ the

phrase ‘‘as a paste’’ is removed and

replaced with the phrase ‘‘as a stable

dispersion in water’’ and, in Column (8),

Note ‘‘21’’ is removed and the entry is

placed in alphabetical order.

e. For the entry ‘‘tert-Butyl

peroxyneodecanoate as a paste

(frozen)’’, in Column (8), Note ‘‘21’’ is

removed.

f. For the second entry for ‘‘p-Menthyl

hydroperoxide’’, in column (4a), the

concentration percent ‘‘≤44’’ is revised

to read ‘‘>44’’.

g. In Note 1, at the end of the table,

after ‘‘is authorized’’, the wording ‘‘for

liquids and OP8B is authorized for

solids’’ is added.

h. In Note 9, reference to the section

‘‘§ 173.225(e)(3)(c)(ii)’’ is removed and

replaced with reference to

‘‘§ 173.225(e)(3)(ii)’’.

i. In Footnote 12, the words ‘‘type C,’’

are removed and replaced with the

words ‘‘type B,’’.

§ 173.306 [Amended]

23. In § 173.306, as amended at 59 FR

67517, on December 29, 1994, in

paragraph (a)(3)(v), the following

changes are made:

a. In the second sentence, the wording

‘‘or if the containers are made of plastic

material which softens at this test

temperature,’’ is removed.

b. In the last sentence, the wording

‘‘except that a plastic container may be

deformed through softening provided

that it does not leak.’’ is removed and

the comma following the word ‘‘occur’’

is replaced with a period.

PART 178—SPECIFICATIONS FOR

PACKAGINGS

24. The authority citation for part 178

continues to read as follows:

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

1.53.

§ 178.503 [Amended]

25. In § 178.503, as amended at 59 FR

67520, on December 29, 1994, in

paragraph (e)(3), the illustration is

revised as follows:

BILLING CODE 4910–60–P

BILLING CODE 4910–60–C

Issued in Washington, DC on May 10,

1995, under authority delegated in 49 CFR

part 1.

Ana Sol Gutie ́rrez,

Deputy Administrator, Research and Special

Programs Administration.

[FR Doc. 95–11971 Filed 5–17–95; 8:45 am]

BILLING CODE 4910–60–P