[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Rules and Regulations]
[Pages 26796-26806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11971]




[[Page 26795]]

_______________________________________________________________________

Part III





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Part 171, et al.



United Nations Recommendations, International Maritime Dangerous Goods 
Code, and International Civil Aviation Organization's Technical 
Instructions; Implementation; Final Rule

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

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 Self-accelerated decomposition temperature 
(SADT) of 75 deg. C or greater is not a self-reactive 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 
Sec. 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 Sec. 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 [[Page 26797]] aircraft are 
adjusted to reflect these revisions.
    Appendix B to Sec. 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 deg. 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 deg. C (100 deg. 
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 
Sec. 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 Sec. 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 [[Page 26798]] 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 Sec. 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 Sec. 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 Sec. 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 [[Page 26799]] lithium cells and 
batteries contained in equipment.
    Sections 173.224 and 173.225. Several editorial changes are made to 
the Self-Reactive Materials Table in Sec. 173.224 and the Organic 
Peroxide Table in Sec. 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 Sec. 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:


Sec. 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. * * *
* * * * * [[Page 26800]] 


Sec. 171.14  [Amended]

    3. In addition, in Sec. 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 Sec. 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:


Sec. 172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                           Section 172.101.--Hazardous Materials Table                                                                          
                                                                                                                                                                                                
                                                                                                                  (8) Packaging authorizations         (9) Quantity         (10) Vessel stowage 
                                                                                                                         (Sec.  173.***)                limitations            requirements     
             Hazardous materials      Hazard   Identification  Packing   Label(s) required (if not    Special  ---------------------------------------------------------------------------------
Symbols    descriptions and proper   class or      Numbers      group            excepted)          provisions                                     Passenger     Cargo                   Other  
               shipping names        Division                                                                   Exceptions   Non-bulk     Bulk     aircraft    aircraft     Vessel      stowage 
                                                                                                                            packaging  packaging  or railcar     only       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      B1          150         203        242        60 L        220 L       B           40        
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Benzoic derivative          * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          pesticides, liquid,                                                                                                                                                                   
          flammable, toxic, flash                                                                                                                                                               
          point less than 23                                                                                                                                                                    
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       B           40        
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
[[Page 26801]]
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Bipyridilium pesticides,    * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          liquid, flammable, toxic,                                                                                                                                                             
          flash point less than 23                                                                                                                                                              
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       B           40        
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Carbamate pesticides,       * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          liquid, flammable, toxic,                                                                                                                                                             
          flash point less than 23                                                                                                                                                              
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       B           40        
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Copper based pesticides,    * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          liquid, flammable, toxic,                                                                                                                                                             
          flash point less than 23                                                                                                                                                              
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       B           40        
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Dithiocarbamate             * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          pesticides, liquid,                                                                                                                                                                   
          flammable, toxic, flash                                                                                                                                                               
          point less than 23                                                                                                                                                                    
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
[[Page 26802]]
                                                                                                                                                                                                
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       B           40        
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Mercury based pesticides,   * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          liquid, flammable, toxic,                                                                                                                                                             
          flash point less than 23                                                                                                                                                              
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       B           40        
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Organochlorine pesticides   * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          liquid, flammable, toxic,                                                                                                                                                             
          flash point less than 23                                                                                                                                                              
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       A           ..........
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Organophos- phorous         * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          pesticides, liquid,                                                                                                                                                                   
          flammable, toxic, flash                                                                                                                                                               
          point less than 23                                                                                                                                                                    
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       A           ..........
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
[[Page 26803]]
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Pesticides, liquid,         * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          flammable, toxic, (flash                                                                                                                                                              
          point less than 23                                                                                                                                                                    
          degrees C).                                                                                                                                                                           
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       B           ..........
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Phenoxy pesticides,         * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          liquid, flammable, toxic,                                                                                                                                                             
          flash point less than 23                                                                                                                                                              
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       A           ..........
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Phenyl urea pesticides,     * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          liquid, flammable, toxic,                                                                                                                                                             
          flash point less than 23                                                                                                                                                              
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       A           ..........
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Phthalimide deriviative     * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          pesticides, liquid,                                                                                                                                                                   
          flammable, toxic, flash                                                                                                                                                               
          point less than 23                                                                                                                                                                    
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
[[Page 26804]]
                                                                                                                                                                                                
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       A           ..........
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Substituted nitrophenol     * * *     * * *           * * *    * * *                       * * *       * * *       * * *      * * *      * * *       * * *       * * *       * * *     
          pesticides, liquid,                                                                                                                                                                   
          flammable, toxic, flash                                                                                                                                                               
          point less than 23                                                                                                                                                                    
          degrees C.                                                                                                                                                                            
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [REMOVE]                                                                                                                                                                               
         ..........................  ........  ..............  III      FLAMMABLE LIQUID, KEEP      B1          150         203        242        60 L        220 L       A           ..........
                                                                         AWAY FROM FOOD.                                                                                                        
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         [ADD]                                                                                                                                                                                  
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
         Azodicarbonamide..........  4.1       UN3242          II       FLAMMABLE SOLID...........  38          151         212        240        Forbidden.  Forbidden.  D           12, 61, 74
                                                                                                                                                                                                
                                       *                  *                  *                  *                  *                  *                  *                                      
D        Jet perforating guns,       1.1D      NA0124          II       EXPLOSIVE 1.1D............  D55, 56     None......  62.......  None.....  Forbidden.  Forbidden.  A           24E       
          charged oil well, with                                                                                                                                                                
          detonator.                                                                                                                                                                            
D        Jet perforating guns,       1.4D      NA0494          II       EXPLOSIVE 1.4D............  55, 56....  None        62         None       Forbidden   Forbidden   B                     
          charged oil well, with                                                                                                                                                                
          detonator.                                                                                                                                                                            

Sec. 172.101  [Amended]

    6. In addition, in Sec. 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 n-Pentane'', 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 [[Page 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 Sec. 172.101 [Amended]

    7. In Appendix B to Sec. 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 Sec. 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:


Sec. 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 Sec. 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 Sec. 173.225 of this 
subchapter. If the SADT is higher than 75 deg. C, the technically 
pure substance and formulations derived from it are not self-
reactive 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 Sec. 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.
* * * * *


Sec. 172.102  [Amended]
    9. In addition, in Sec. 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 Sec. 172.204, paragraph (a)(2) is revised to read as 
follows:


Sec. 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.''
* * * * *


Sec. 172.402  [Amended]

    11. In Sec. 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 deg. C (100 deg.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 Sec. 173.23, a new paragraph (g) is added to read as 
follows:


Sec. 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 Sec. 173.28 without a nominal thickness 
marking, if it conforms to the minimum thickness criteria prescribed in 
Sec. 173.28(b)(4).


Sec. 173.24  [Amended]

    14. In Sec. 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 Sec. 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:


Sec. 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
* * * * *


Sec. 173.28  [Amended]

    16. In addition, in Sec. 173.28, the following changes are made:
    a. In paragraph (b)(2)(ii), in the first sentence, the wording 
``month and'' is removed.

[[Page 26806]]

    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 Sec. 173.62, in paragraph (b), the Explosives Table is 
amended by adding the following entry in appropriate alpha-numerical 
sequence to read as follows:


Sec. 173.62  Specific packaging requirements.

* * * * *
    (b) * * *

                            Explosives Table                            
------------------------------------------------------------------------
         Identification No.                    Packing methods          
------------------------------------------------------------------------
[ADD]..............................                                     
NA0494.............................  US006                              
------------------------------------------------------------------------

* * * * *


Sec. 173.62  [Amended]

    17a. In addition, in Sec. 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''.


Sec. 173.150  [Amended]

    18. In Sec. 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''.


Sec. 173.185  [Amended]

    19. In Sec. 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 Sec. 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:


Sec. 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 Sec. 173.21(f).


Sec. 173.224  [Amended]

    21. In addition, in Sec. 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 ``2,2<SUP>1=Azodi(isobutyronitrile)'', in Column 
(1), ``2,2<SUP>1'' is revised to read ``2,2''', and in Column (6), the 
emergency temperature ``45'' is revised to read ``+45''.
    c. For the entry ``2,2<SUP>1=Azodi(2-methylbutyronitrile)'', in 
Column (1), ``2,2<SUP>1'' 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=Chloro-4=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''.


Sec. 173.225  [Amended]

    22. In Sec. 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 ``<ls-thn-eq>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 
``Sec. 173.225(e)(3)(c)(ii)'' is removed and replaced with reference to 
``Sec. 173.225(e)(3)(ii)''.
    i. In Footnote 12, the words ``type C,'' are removed and replaced 
with the words ``type B,''.


Sec. 173.306  [Amended]

    23. In Sec. 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.


Sec. 178.503  [Amended]

    25. In Sec. 178.503, as amended at 59 FR 67520, on December 29, 
1994, in paragraph (e)(3), the illustration is revised as follows:

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[GRAPHIC][TIFF OMITTED]TR18MY95.000


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    Issued in Washington, DC on May 10, 1995, under authority 
delegated in 49 CFR part 1.
Ana Sol Gutierrez,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 95-11971 Filed 5-17-95; 8:45 am]
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