56084 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 105, 106, 107, 110, 171, 

172, 173, 176, 177, 178, 179 and 180 

[Docket No. PHMSA–2005–22071 (HM– 

189Y)] 

RIN 2137–AE08 

Hazardous Materials Regulations: 

Minor Editorial Corrections and 

Clarifications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule corrects 

editorial errors, makes minor regulatory 

changes and, in response to requests for 

clarification, improves the clarity of 

certain provisions in the Hazardous 

Materials Regulations (HMR). In 

addition, this final rule revises 

references to the former Research and 

Special Programs Administration to 

reflect the creation of Pipeline and 

Hazardous Materials Safety 

Administration. The intended effect of 

this rule is to enhance the accuracy, and 

reduce misunderstandings of the 

regulations. The amendments contained 

in this rule are minor changes and do 

not impose new requirements. 

DATES: Effective date: September 28, 

2005. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Eichenlaub, Office of Hazardous 

Materials Standards, (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

I. Background 

The Norman Y. Mineta Research and 

Special Programs Improvement Act of 

2004 reorganized the Department of 

Transportation’s pipeline and hazardous 

materials safety programs that were 

formerly a part of the Research and 

Special Programs Administration 

(RSPA). The Act created the Pipeline 

and Hazardous Materials Safety 

Administration (PHMSA, we), a 

separate operating administration. 

PHMSA annually reviews the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171–180) to identify errors 

that may confuse readers. In this final 

rule, we revise all references to RSPA to 

reflect the creation of PHMSA. This 

final rule also corrects the following 

inaccuracies: typographical and printing 

errors; incorrect references to 

regulations in the CFR; inaccurate office 

names, routing symbols, and e-mail 

addresses; inconsistent use of 

terminology; and misstatements of 

certain regulatory requirements. 

Because these amendments do not 

impose new requirements, notice and 

public procedure are unnecessary. By 

making these amendments effective 

without the customary 30-day delay 

following publication, the changes will 

appear in the next revision of 49 CFR. 

The following is a summary by 

section of the changes made in this final 

rule. It does not discuss all minor 

editorial corrections (e.g., punctuation 

errors), and certain other minor 

adjustments to enhance the clarity of the 

HMR (e.g., corrections to office names, 

routing symbols and e-mail addresses). 

II. Section-by-Section Review 

Part 107 

Appendix A to Subpart D of Part 107: 

In Appendix A to Subpart D of Part 107, 

in section IV, paragraph C, we are 

revising the reference to ‘‘49 U.S.C. 

5213(a)’’ to read ‘‘49 U.S.C. 5123(a)’’. 

Part 171 

Section 171.6. In paragraph (b)(2), the 

table of OMB control numbers is revised 

to reflect current control numbers, 

report titles, and affected sections for 

collections of information. 

Section 171.8. In the definition for 

‘‘Maximum Allowable Working Pressure 

or MAWP,’’ we are correcting the 

reference ‘‘178.320(c)’’ to read 

‘‘§ 178.320(a)’’. 

Section 171.11. In paragraph 

(d)(6)(iv), we are amending the text by 

removing ‘‘radioactive material’’ and 

adding ‘‘limited quantities of 

radioactive material’’ in its place. 

Part 172 

Section 172.101. The Hazardous 

Materials Table (HMT). We are 

correcting entries in the HMT as 

follows: 

• The entry ‘‘Adhesives, containing a 

flammable liquid,’’ UN1133, PG I, II and 

III is revised by correcting the Column 

(2) Hazardous materials description and 

proper shipping name to read 

‘‘Adhesives, containing a flammable 

liquid.’’ In addition, for the Packing 

Group II entry, in the Column (10A) 

Vessel stowage ‘‘location,’’ the entry 

‘‘A’’ is revised to read ‘‘B’’. The 

correction appears as a ‘‘Remove/Add’’ 

in this rulemaking. 

• The entry ‘‘Aerosols, corrosive, 

Packing Group II or III, (each not 

exceeding 1 L capacity),’’ UN1950 is 

revised by correcting the Column (2) 

Hazardous materials description and 

proper shipping name to read 

‘‘Aerosols, corrosive, Packing Group II 

or III, (each not exceeding 1 L 

capacity).’’ The correction appears as a 

‘‘Remove/Add’’ in this rulemaking. 

• The entry ‘‘Aerosols, flammable, 

(each not exceeding 1 L capacity),’’ 

UN1950 is revised by correcting the 

Column (2) Hazardous materials 

description and proper shipping name 

to read ‘‘Aerosols, flammable, (each not 

exceeding 1 L capacity).’’ The correction 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

• The entry ‘‘Aerosols, flammable, 

n.o.s. (engine starting fluid) (each not 

exceeding 1 L capacity),’’ UN1950 is 

revised by correcting the Column (2) 

Hazardous materials description and 

proper shipping name to read 

‘‘Aerosols, flammable, n.o.s. (engine 

starting fluid) (each not exceeding 1 L 

capacity).’’ The correction appears as a 

‘‘Remove/Add’’ in this rulemaking. 

• The entry ‘‘Aerosols, nonflammable, (each not exceeding 1 L 

capacity),’’ UN1950 is revised by 

correcting the Column (2) Hazardous 

materials description and proper 

shipping name to read ‘‘Aerosols, nonflammable, (each not exceeding 1 L 

capacity).’’ The correction appears as a 

‘‘Remove/Add’’ in this rulemaking. 

• The entry ‘‘Aerosols, poison, each 

not exceeding 1 L capacity,’’ UN1950 is 

revised by correcting the Column (2) 

Hazardous materials description and 

proper shipping name to read 

‘‘Aerosols, poison, each not exceeding 1 

L capacity.’’ The correction appears as 

a ‘‘Remove/Add’’ in this rulemaking. 

• The entry ‘‘Alkaloids, solid, n.o.s. 

or Alkaloid salts, solid, n.o.s. 

poisonous,’’ UN1544 is revised by 

correcting the Column (2) Hazardous 

materials description and proper 

shipping name to read ‘‘Alkaloids, solid, 

n.o.s. or Alkaloid salts, solid, n.o.s. 

poisonous.’’ In addition, for the Packing 

Group II entry, the Column (7) Special 

provision entry ‘‘1P4’’ is revised to read 

‘‘IP4.’’ The correction appears as a 

‘‘Remove/Add’’ in this rulemaking. 

• The entry ‘‘Aluminum alkyl 

halides, solid,’’ UN3461 is revised by 

correcting the Column (6) Label Codes 

entry ‘‘4.23’’ to read ‘‘4.3’’. 

• The entry ‘‘Ammonium nitrate 

emulsion or Ammonium nitrate 

suspension or Ammonium nitrate gel, 

intermediate for blasting explosives,’’ 

UN3375 is revised by correcting the 

Column (10B) Vessel stowage ‘‘Other’’ 

entry ‘‘60, 66, 124’’ to read ‘‘48, 59, 60, 

66, 124’’. 

• The entry ‘‘Cartridges, safety, see 

Cartridges for weapons, other than 

blank or Cartridges, power device (UN 

0323)’’ is revised by correcting the 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56085 

Column (2) Hazardous materials 

description and proper shipping name 

to read ‘‘Cartridges, safety, see 

Cartridges for weapons, inert projectile, 

or Cartridges, small arms or Cartridges, 

power device (UN 0323).’’ The 

correction appears as a ‘‘Remove/Add’’

in this rulemaking. 

• The entry ‘‘Cartridges, sporting, see 

Cartridges for weapons, other than 

blank’’ is revised by correcting the 

Column (2) Hazardous materials 

description and proper shipping name 

to read ‘‘Cartridges, sporting, see 

Cartridges for weapons, inert projectile, 

or Cartridges, small arms.’’ The 

correction appears as a ‘‘Remove/Add’’

in this rulemaking. 

• The entry ‘‘Chlorate and 

magnesium chloride mixture, solid,’’

UN1459, Packing Group III is removed. 

This entry was inadvertently printed 

twice in the HMT. 

• The entry ‘‘Chlorate of potash, see 

Potassium chlorate,’’ is removed and 

added back. The correction appears as a 

‘‘Remove/Add’’ in this rulemaking. This 

was done to assist the Federal Register 

in locating the correct ‘‘Chlorate and 

magnesium chloride mixture, solid,’’

UN1459, Packing Group III entry for 

removal. (see above) 

• The entry ‘‘Chloroacetophenone, 

CN, liquid,’’ UN3416 is revised by 

correcting the Column (2) Hazardous 

materials description and proper 

shipping name to read 

‘‘Chloroacetophenone, liquid, (CN).’’ In 

addition, the Column (7) Special 

provisions entry is corrected to read 

‘‘A3, IB2, N12, N32, N33, T7, TP2, 

TP13.’’ The correction appears as a 

‘‘Remove/Add’’ in this rulemaking. 

• The entry ‘‘Chloroacetophenone, 

CN, solid,’’ UN1697 is revised by 

correcting the Column (2) Hazardous 

materials description and proper 

shipping name to read 

‘‘Chloroacetophenone, solid, (CN).’’ In 

addition, the Column (7) Special 

provisions entry is corrected to read 

‘‘A3, IB8, IP2, IP4, N12, N32, N33, N34, 

T3, TP2, TP13, TP33.’’ The correction 

appears a ‘‘Remove/Add’’ in this 

rulemaking. 

• The entry 

‘‘Cyclotrimethylenenitramine and 

octogen, mixtures, wetted or 

desensitized see RDX and HMX 

mixtures, wetted or desensitized etc.’’ is 

added to the HMT. This entry was 

inadvertently removed under Docket 

HM–215G (70 FR 34381). 

• The entry ‘‘Denatured Alcohol,’’

NA1987 is revised by correcting Column 

(7) to remove obsolete special 

provisions ‘‘T 31’’ and ‘‘T 30.’’

• The entry ‘‘Etching acid, liquid, 

n.o.s., see Hydrofluoric acid, solution 

etc.’’ is revised by correcting the 

Column (2) Hazardous materials 

description and proper shipping name 

to read ‘‘Etching acid, liquid, n.o.s., see 

Hydrofluoric acid, etc.’’ The correction 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

• The entry ‘‘Fissile radioactive 

materials, see Radioactive material, 

fissile, n.o.s.’’ is removed. 

• The entry ‘‘Gasoline,’’ UN1203 is 

revised by correcting Column (7) 

Special provisions entries ‘‘144, B33, 

T8’’ to read ‘‘144, B1, B33, T8.’’

• The entry ‘‘Hydrogen iodid 

solution, see Hydriodic acid,’’ is revised 

by correcting the Column (2) Hazardous 

materials description and proper 

shipping name to read ‘‘Hydrogen 

iodide solution, see Hydriodic acid.’’

The correction appears as a ‘‘Remove/ 

Add’’ in this rulemaking. 

• The entry ‘‘Nitrocresols, solid,’’

UN2446 is revised by correcting the 

Column (7) Special provision entry 

‘‘TP3’’ to read ‘‘IP3.’’

• The entry ‘‘Organometallic 

substance, liquid, water-reactive, 

flammable,’’ UN3399 is revised by 

correcting the Column (1) Symbols to 

add a ‘‘G’’ symbol. 

• The entry ‘‘Radioactive material, 

Type A package non-special form, non 

fissile, or fissile excepted,’’ UN2915 is 

revised by correcting Columns (8B) and 

(8C) to read ‘‘415, 418’’ and ‘‘415, 419’’

respectively. 

• The entry ‘‘Receptacles, small, 

containing gas (gas cartridges) nonflammable, without release device, not 

refillable and not exceeding 1 L 

capacity’’ is added. This entry was 

inadvertently removed under Docket 

HM–215G (70 FR 34381). 

• The entry ‘‘Samples, explosive, 

other than initiating explosives,’’

UN1090 is revised by correcting the 

Column (2) Hazardous materials 

description and proper shipping name 

to read ‘‘Samples, explosive, other than 

initiating explosives.’’ In addition, the 

Column (4) entry ‘‘UN1090’’ is revised 

to read ‘‘UN0190’’ and the Column 10B 

entry ‘‘12E’’ is removed. The correction 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

• The entry ‘‘Selenium compound, 

liquid, n.o.s.,’’ is revised by correcting 

the Column (7) Special provision entry 

‘‘TP14’’ to read ‘‘T14.’’

• The entry ‘‘Sulfuric acid, fuming 

with 30 percent or more free sulfur 

trioxide,’’ UN1831 is revised by 

correcting the Column (1) Symbols to 

add a ‘‘+’’ symbol. 

• The entry ‘‘Trinitrochlorobenzene 

(picry1 chloride), wetted, with not less 

than 10% water by mass,’’ UN3365 is 

revised by correcting the Column (2) 

Hazardous materials description and 

proper shipping name to read 

‘‘Trinitrochlorobenzene (picryl 

chloride), wetted, with not less than 

10% water by mass.’’ The correction 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

Section 172.102. In paragraph (c)(1), 

in Special provision 144, we are 

correcting the reference ‘‘40 CFR 

180.12’’ to read ‘‘40 CFR 280.12’’. In 

paragraph (c)(1), we are editorially 

revising Special provision 132 for 

clarity. In paragraph (c)(4), in the Table 

1.—IB CODES (IBC CODES), in the IB2 

entry, a typographical error is corrected. 

Section 172.203. We are removing a 

requirement in paragraph (m) to include 

the word ‘‘Poison’’ or ‘‘Toxic’’ on a 

shipping paper if the fact that it is a 

poison is not disclosed in the shipping 

name or class entry. The requirement is 

no longer necessary because 

§ 172.202(a)(2) requires the subsidiary 

hazard class(es) to be entered following 

the primary hazard class or division 

number. 

Section 172.322. We are adding a new 

paragraph (f) to reference the exception 

for marine pollutants in § 171.4(c). 

Part 173 

Section 173.3. In § 173.3, paragraph 

(c) introductory text is amended to 

include the proper tense of the word 

‘‘place.’’ In addition, grammatical errors 

were corrected for clarity. 

Section 173.4. In paragraph (a) (10), 

we are revising the text to remove an 

obsolete package marking statement. 

Section 173.134. In paragraph 

(c)(1)(ii), we are correcting the reference 

‘‘29 CFR 1910.103’’ to read ‘‘29 CFR 

1910.1030’’. 

Section 173.222. In paragraph (c)(2), 

we are correcting the conversion ‘‘0.5 L 

(0.3 gallons)’’ to read ‘‘0.5 L (0.1 

gallon)’’. 

Section 173.227. In § 173.227, in the 

section heading, a typographical error is 

corrected. 

Section 173.315. Section 173.315(a) is 

revised to clarify that UN portable tanks 

used to transport liquefied gas must be 

loaded and offered in accordance with 

Special Provision T50 in § 172.102 and 

must otherwise comply with the 

requirements of § 173.315. 

Section 173.403. In the definition for 

‘‘Radioactive instrument or article,’’ we 

are correcting the wording ‘‘such as an 

instrument such as an instrument’’ to 

read ‘‘such as an instrument’’. 

Section 173.418. We are revising 

paragraph (e) to remove the reference to 

Column (8) of the HMT for authorized 

Type B packagings for pyrophoric Class 

7 (radioactive) materials, because the 

entries for pyrophoric Class 7 

56086 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

(radioactive) materials no longer appear 

in the HMT. 

Section 173.421. We are correcting 

paragraph (a)(5) to state that a package 

may not contain fissile material unless 

excepted by § 173.453. Under 

§ 173.421(a)(5) a package is limited to 

contain 15 grams or less of uranium235. This package exception limit is 

actually in § 173.453 not § 173.426, and 

only applies to packages containing 

fissile material. 

Section 173.427. In paragraph 

(b)(5)(i), we are correcting the reference 

‘‘(§§ 179.200, 179.201, 179.202 of this 

subchapter)’’ to read ‘‘(§§ 173.31, and 

179.201–1 to 179.201–11 of this 

subchapter)’’. 

Section 173.465. In paragraph (c)(1), 

we are correcting the reference to ‘‘Table 

12’’ to read ‘‘Table 10’’. Additionally, in 

column one of Table 10, we are 

correcting the wording ‘‘Packaging 

mass’’ to read ‘‘Package mass’’. 

Part 176 

Section 176.144. In § 176.144, in 

paragraph (a), in the ‘‘TABLE 

176.144(a)—AUTHORIZED MIXED 

STOWAGE FOR EXPLOSIVES,’’ for 

compatibility groups ‘‘E’’ and ‘‘F’’ a 

typographical error which occurred 

during the printing process is corrected. 

Section 176.905. In paragraph (i)(3), 

we are correcting the reference ‘‘46 CFR 

70.10–44’’ to read ‘‘46 CFR 70.10–1’’. 

Part 177 

Section 177.848. We are reinstating a 

prohibition for storing, loading and 

transporting cyanides and cyanide 

mixtures or solutions with acids if a 

mixture of the materials would generate 

hydrogen cyanide. In a final rule 

published January 24, 2005, under 

Docket No. PHMSA 03–16370 (HM–233; 

70 FR 3304), we revised paragraph (c) 

by adding a cross-reference to the 

§ 173.12(e) exceptions from segregation 

requirements for storage, loading and 

transportation of cyanides, cyanide 

mixture or solutions with acids. We 

inadvertently removed the prohibition 

for loading, storage and transportation 

of cyanides, cyanide mixtures or 

solutions with acids when, if mixed the 

materials would generate hydrogen 

cyanide. In this final rule, we are 

reinstating the prohibition. 

Part 178 

Section 178.245–1. In paragraph (e), 

we are correcting the reference 

‘‘§ 173.300’’ to read ‘‘§ 173.115’’. 

Section 178.345–1. In paragraph (c), 

in the definition for ‘‘MAWP,’’ we are 

correcting the reference ‘‘§ 178.345–

1(k)’’ to read ‘‘§ 178.320(a)’’. 

Section 178.350. We are revising this 

section to clarify that the term 

‘‘Packaging manufacturer’’ used in 

§ 178.3, for purposes of this section, 

means the person certifying that the 

package meets all requirements of 

§ 173.412. 

Part 180 

Section 180.352. On December 20, 

2004, we published a final rule under 

Docket Number RSPA–04–17036 (HM–

215G). In that final rule, we added a 

new paragraph (d)(i)(iv) authorizing 

retests and inspections performed under 

paragraphs (d)(1)(i) and (d)(1)(ii) of this 

section to be used to satisfy the tests and 

inspections required of paragraph (b) of 

this section (69 FR 76186). However, an 

editorial error occurred during the 

printing process that caused the text in 

revised paragraphs (e) and (f) and the 

text in new paragraph (g) to be 

inadvertently omitted. The original 

intent of this change was to keep the 

‘‘repair’’ and ‘‘routine maintenance’’

requirements in this section separate. 

Therefore, we are revising § 180.352 to 

correct this editorial error. 

III. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This final rule is published under 

authority of Federal hazardous materials 

transportation law (Federal hazmat law; 

49 U.S.C. 5101 et seq.). Section 5103(b) 

of Federal hazmat law authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in intrastate, interstate, and 

foreign commerce. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

rule is not significant under the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). Because this rule has no 

economic impact, it is not necessary to 

prepare a regulatory impact analysis. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria in Executive Order 13132 

(‘‘Federalism’’). This final rule does not 

adopt any regulation that: (1) Has 

substantial direct effects on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government; (2) imposes 

substantial direct compliance costs on 

State and local governments; or (3) 

preempts State law. PHMSA is not 

aware of any State, local, or Indian tribe 

requirements that would be preempted 

by correcting editorial errors and 

making minor regulatory changes. This 

final rule does not have sufficient 

federalism impacts to warrant the 

preparation of a federalism assessment. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not have 

tribal implications, does not impose 

substantial direct compliance costs on 

Indian tribal governments, and does not 

preempt tribal law, the funding and 

consultation requirements of Executive 

Order 13175 do not apply, and a tribal 

summary impact statement is not 

required. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

I certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule makes minor editorial changes 

which will not impose any new 

requirements on persons subject to the 

HMR; thus, there are no direct or 

indirect adverse economic impacts for 

small units of government, businesses or 

other organizations. 

F. Unfunded Mandates Reform Act of 

1995 

This rule does not impose unfunded 

mandates under the Unfunded 

Mandates Reform Act of 1995. It does 

not result in costs of $120.7 million or 

more to either State, local, or tribal 

governments, in the aggregate, or to the 

private sector, and is the least 

burdensome alternative that achieves 

the objective of the rule. 

G. Paperwork Reduction Act 

There are no new information 

collection requirements in this final 

rule. 

H. Environmental Impact Analysis 

There are no environmental impacts 

associated with this final rule. 

I. 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 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56087 

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 105 

Administrative practice and 

procedure, Hazardous materials 

transportation. 

49 CFR Part 106 

Administrative practice and 

procedure, Hazardous materials 

transportation. 

49 CFR Part 107 

Administrative practice and 

procedure, Hazardous materials 

transportation, Packaging and 

containers, Penalties, Reporting and 

recordkeeping requirements. 

49 CFR Part 110 

Disaster assistance, Education, Grant 

programs-environmental protection, 

Grant programs-Indians, Hazardous 

materials transportation, Hazardous 

substances, Indians, Reporting and 

recordkeeping requirements. 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Labeling, Markings, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Packaging and containers, Radioactive 

materials, Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 176 

Hazardous materials transportation, 

Maritime carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 177 

Hazardous materials transportation, 

Motor carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Motor vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 179 

Hazardous materials transportation, 

Railroad safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Motor vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, 49 

CFR Chapter I is amended as follows: 

PART 105—HAZARDOUS MATERIALS 

PROGRAM DEFINITIONS AND 

GENERAL PROCEDURES 

■ 1. The authority citation for part 105 

continues to read as follows: 

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

1.53. 

PART 105—[NOMENCLATURE 

CHANGE] 

■ 2. In part 105, the acronym ‘‘RSPA’’ is 

removed and ‘‘PHMSA’’ is added each 

place it appears in the following places: 

a. Section 105.26 section heading; 

b. Section 105.26 in two places; 

c. Section 105.30 introductory text; 

d. Section 105.30(b) in two places; 

e. Section 105.35 section heading; 

f. Section 105.35(a); introductory text; 

g. Section 105.45(a) in two places; 

h. Section 105.45(b)(2) in three places; 

i. Section 105.45(b)(3); 

j. Section 105.50(a); 

k. Section 105.50(d); 

l. Section 105.55(a) introductory text 

in two places; and 

m. Section 105.55(b) in two places. 

■ 3. Amend § 105.5, by revising 

paragraph (a), and the definitions of 

‘‘Associate Administrator’’ and ‘‘File or 

Filed’’ in paragraph (b), to read as 

follows: 

§ 105.5 Definitions. 

(a) This part contains the definitions 

for certain words and phrases used 

throughout this subchapter (49 CFR 

parts 105 through 110). At the beginning 

of each subpart, the Pipeline and 

Hazardous Materials Safety 

Administration (‘‘PHMSA’’ or ‘‘we’’) 

will identify the defined terms that are 

used within the subpart—by listing 

them—and refer the reader to the 

definitions in this part. This way, 

readers will know that PHMSA has 

given a term a precise meaning and will 

know where to look for it. 

* * * * * 

(b) * * * 

Associate Administrator means 

Associate Administrator for Hazardous 

Materials Safety, Pipeline and 

Hazardous Materials Safety 

Administration. 

* * * * * 

File or Filed means received by the 

appropriate PHMSA or other designated 

office within the time specified in a 

regulation or rulemaking document. 

* * * * * 

■ 4. Section 105.20 is revised to read as 

follows: 

§ 105.20 Guidance and interpretations. 

(a) Hazardous materials regulations. 

You can obtain information and answers 

to your questions on compliance with 

the hazardous materials regulations (49 

CFR parts 171 through 180) and 

interpretations of those regulations by 

contacting PHMSA’s Office of 

Hazardous Materials Safety as follows: 

(1) Call the Hazardous Materials 

Information Center at 1–800–467–4922 

(in Washington, DC, call (202) 366–

4488). The Center is staffed from 9 a.m. 

through 5 p.m. Eastern time, Monday 

through Friday except Federal holidays. 

After hours, you can leave a recorded 

message and your call will be returned 

by the next business day. 

(2) E-mail the Hazardous Materials 

Information Center at infocntr@dot.gov. 

(3) Obtain hazardous materials safety 

information via the Internet at http:// 

www.phmsa.dot.gov. 

(4) Send a letter, with your return 

address and a daytime telephone 

number, to: Office of Hazardous 

Materials Standards, Pipeline and 

Hazardous Materials Safety 

Administration, Attn: PHH–10, U.S. 

Department of Transportation, 400 7th 

Street SW., Washington, DC 20590–

0001. 

(b) Federal hazardous materials 

transportation law and preemption. You 

can obtain information and answers to 

your questions on Federal hazardous 

materials transportation law, 49 U.S.C. 

5101 et seq., and Federal preemption of 

State, local, and Indian tribe hazardous 

material transportation requirements, by 

contacting PHMSA’s Office of the Chief 

Counsel as follows: 

(1) Call the office of the Chief Counsel 

at (202) 366–4400 from 9 a.m. to 5 p.m. 

Eastern time, Monday through Friday 

except Federal holidays. 

(2) Access information from the Office 

of the Chief Counsel via the Internet at 

http://www.phmsa.dot.gov. 

(3) Send a letter, with your return 

address and a daytime telephone 

number, to: Office of the Chief Counsel, 

Pipeline and Hazardous Materials Safety 

Administration, Attn: PHC–10, U.S. 

Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590–

0001. 

56088 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

(4) Contact the Office of the Chief 

Counsel for a copy of applications for 

preemption determinations, waiver of 

preemption determinations, and 

inconsistency rulings received by 

PHMSA before February 1, 1997. 

■ 5. Section 105.25 is revised to read as 

follows: 

§ 105.25 Reviewing public documents. 

PHMSA is required by statute to make 

certain documents and information 

available to the public. You can review 

and copy publicly available documents 

and information at the locations 

described in this section. 

(a) DOT Docket Management System. 

Unless a particular document says 

otherwise, the following documents are 

available for public review and copying 

at the Department of Transportation’s 

Docket Management System, Room PL 

401, 400 7th Street, SW., Washington, 

DC 20590–0001, or for review and 

downloading through the Internet at 

http://dms.dot.gov. 

(1) Rulemaking documents in 

proceedings started after February 1, 

1997, including notices of proposed 

rulemaking, advance notices of 

proposed rulemaking, public comments, 

related Federal Register notices, final 

rules, appeals, and PHMSA’s decisions 

in response to appeals. 

(2) Applications for exemption 

numbered DOT–E 11832 and above. 

Also available are supporting data, 

memoranda of any informal meetings 

with applicants, related Federal 

Register notices, public comments, and 

decisions granting or denying 

exemptions applications. 

(3) Applications for preemption 

determinations and waiver of 

preemption determinations received by 

PHMSA after February 1, 1997. Also 

available are public comments, Federal 

Register notices, and PHMSA’s rulings, 

determinations, decisions on 

reconsideration, and orders issued in 

response to those applications. 

(b) Office of Pipeline and Hazardous 

Materials Safety Administration’s Office 

of Hazardous Materials Safety. 

(1) You may obtain documents (e.g., 

proposed and final rules, notices, letters 

of clarification, safety notices, DOT 

forms and other documents) by 

contacting the Hazardous Materials 

Information Center at 1–800–467–4922 

or through the Internet at http:// 

www.phmsa.dot.gov. 

(2) Upon your written request, we will 

make the following documents and 

information available to you: 

(i) Appeals under 49 CFR part 107 

and PHMSA’s decisions issued in 

response to those appeals. 

(ii) Records of compliance order 

proceedings and PHMSA compliance 

orders. 

(iii) Applications for approvals, 

including supporting data, memoranda 

of any informal meetings with 

applicants, and decisions granting or 

denying approvals applications. 

(iv) Applications for exemptions 

numbered below DOT–E 11832 and 

related background information are 

available for public review and copying 

at the Office of Hazardous Materials 

Safety, Office of Hazardous Materials 

Exemptions and Approvals, U.S. 

Department of Transportation, Room 

8100, 400 7th Street, SW., Washington, 

DC 20590–0001. 

(v) Other information about PHMSA’s 

hazardous materials program required 

by statute to be made available to the 

public for review and copying and any 

other information PHMSA decides 

should be available to the public. 

(3) Your written request to review 

documents should include the 

following: 

(i) A detailed description of the 

documents you wish to review. 

(ii) Your name, address, and 

telephone number. 

(4) Send your written request to: 

Associate Administrator for Hazardous 

Materials Safety, Pipeline and 

Hazardous Materials Safety 

Administration, Attn: PHH–1, U.S. 

Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590–

0001. 

■ 6. In § 105.40, paragraph (d) is revised 

to read as follows: 

§ 105.40 Designated agents for non 

residents. 

* * * * * 

(d) Address. Send your designation to: 

Office of Hazardous Materials 

Exemptions and Approvals, Pipeline 

and Hazardous Materials Safety 

Administration, Attn: PHH–30, U.S. 

Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590–

0001. 

* * * * * 

PART 106—RULEMAKING 

PROCEDURES 

■ 7. The authority citation for part 106 

continues to read as follows: 

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

1.53. 

PART 106—[NOMENCLATURE 

CHANGE] 

■ 8. In part 106, the acronym ‘‘RSPA’’ is 

removed and ‘‘PHMSA’’ is added in 

each place it appears in the following 

places: 

a. Subpart A, Title; 

b. Section 106.15; 

c. Section 106.25 introductory text; 

d. Section 106.35 in three places; 

e. Section 106.40 introductory text; 

f. Section 106.60; 

g. Section 106.75 introductory text in 

three places; 

h. Section 106.80; 

i. Section 106.85(a); 

j. Section 106.85(b); 

k. Section 106.90 introductory text; 

l. Section 106.90(c); 

m. Section 106.105 section heading; 

n. Section 106.110 section heading 

and introductory text; 

o. Section 106.110(b); 

p. Section 106.115(a)(4); 

q. Section 106.130 section heading 

and introductory text; 

r. Section 106.130(a)(4) in two places; 

s. Section 106.130(b)(1); and 

t. Section 106.130(b)(2) in two places. 

PART 106—[NOMENCLATURE 

CHANGE] 

■ 9. In part 106, the acronym ‘‘RSPA’s’’

is removed and ‘‘PHMSA’s’’ is added 

each place it appears in the following 

places: 

a. Section 106.20; 

b. Section 106.40(e); 

c. Section 106.55 introductory text; 

d. Section 106.110(a) in three places; 

e. Section 106.115(a) introductory text 

in two places; and 

f. Section 106.115(b) introductory 

text. 

■ 10. In § 106.10 paragraph (a) 

introductory text, and (b)(2) are revised 

to read as follows: 

§ 106.10 Process for issuing rules. 

(a) PHMSA (‘‘we’’) uses informal 

rulemaking procedures under the 

Administrative Procedure Act (5 U.S.C. 

553) to add, amend, or delete 

regulations. To propose or adopt 

changes to a regulation, PHMSA may 

issue one or more of the following 

documents. We publish the following 

rulemaking documents in the Federal 

Register unless we name and personally 

serve a copy of a rule on every person 

subject to it: 

* * * * * 

(b) * * * 

(2) PHMSA’s legal authority for 

issuing the rulemaking document. 

* * * * * 

■ 11. Section 106.45 is revised to read 

as follows: 

§ 106.45 Tracking rulemaking actions. 

The following identifying numbers 

allow you to track PHMSA’s rulemaking 

activities: 

(a) Docket number. We assign an 

identifying number, called a docket 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56089 

number, to each rulemaking proceeding. 

Each rulemaking document that PHMSA 

issues in a particular rulemaking 

proceeding will display the same docket 

number. This number allows you to do 

the following: 

(1) Associate related documents that 

appear in the Federal Register. 

(2) Search the DOT Docket 

Management System (‘‘DMS’’) for 

information on particular rulemaking 

proceedings—including notices of 

proposed rulemaking, public comments, 

petitions for rulemaking, appeals, 

records of additional rulemaking 

proceedings and final rules. There are 

two ways you can search the DMS: 

(i) Visit the public docket room and 

review and copy any docketed materials 

during regular business hours. The DOT 

Docket Management System is located 

at the U.S. Department of 

Transportation, Plaza Level 401, 400 7th 

Street, SW., Washington, DC 20590–

0001. 

(ii) View and download docketed 

materials through the Internet at 

http://dms.dot.gov. 

(b) Regulation identifier number. The 

Department of Transportation publishes 

a semiannual agenda of all current and 

projected Department of Transportation 

rulemakings, reviews of existing 

regulations, and completed actions. This 

semiannual agenda appears in the 

Unified Agenda of Federal Regulations 

that is published in the Federal Register 

in April and October of each year. The 

semiannual agenda tells the public 

about the Department’s—including 

PHMSA’s—regulatory activities. The 

Department assigns a regulation 

identifier number (RIN) to each 

individual rulemaking proceeding in the 

semiannual agenda. This number 

appears on all rulemaking documents 

published in the Federal Register and 

makes it easy for you to track those 

rulemaking proceedings in both the 

Federal Register and the semiannual 

regulatory agenda itself, as well as to 

locate all documents in the Docket 

Management System pertaining to a 

particular rulemaking. 

■ 12. Section 106.95 is revised to read 

as follows: 

§ 106.95 Requesting a change to the 

regulations. 

You may ask PHMSA to add, amend, 

or delete a regulation by filing a petition 

for rulemaking as follows: 

(a) For regulations in 49 CFR parts 

110, 130, 171 through 180, submit the 

petition to: Office of Hazardous 

Materials Standards, Pipeline and 

Hazardous Materials Safety 

Administration, Attn: PHH–10, U.S. 

Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590–

0001. 

(b) For regulations in 49 CFR parts 

105, 106, or 107, submit the petition to: 

Office of the Chief Counsel, Pipeline 

and Hazardous Materials Safety 

Administration, Attn: PHC–10, U.S. 

Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590–

0001. 

■ 13. Section 106.120 is revised to read 

as follows: 

§ 106.120 Appeal deadline. 

(a) Appeal of a final rule or 

withdrawal of a notice of proposed 

rulemaking. If you appeal PHMSA’s 

issuance of a final rule or PHMSA’s 

withdrawal of a proposed rulemaking, 

your appeal document must reach us no 

later than 30 days after the date PHMSA 

published the regulation or the 

withdrawal notice in the Federal 

Register. After that time, PHMSA will 

consider your appeal to be a petition for 

rulemaking under § 106.100. 

(b) Appeal of a decision. If you appeal 

PHMSA’s decision on a petition for 

rulemaking, your appeal document must 

reach us no later than 30 days from the 

date PHMSA served you with written 

notice of PHMSA’s decision. 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

■ 14. The authority citation for part 107 

continues to read as follows: 

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

Pub. L. 101–410 section 4 (28 U.S.C. 2461 

note); Pub. L. 104–121 sections 212–213; 

Pub. L. 104–134 section 31001; 49 CFR 1.45, 

1.53. 

PART 107—[NOMENCLATURE 

CHANGE] 

■ 15. In part 107, the acronym ‘‘RSPA’’

is removed and ‘‘PHMSA’’ is added in 

each place it appears in the following 

places: 

a. Section 107.1 definitions of 

‘‘Approval Agency,’’ ‘‘Filed,’’ and 

‘‘Respondent’’; 

b. Section 107.111; 

c. Section 107.310(e); 

d. Section 107.327(a)(1)(iii); 

e. Section 107.337; 

f. Section 107.339; 

g. Appendix A to Subpart D, Part 

IV(A.)(1); 

h. Section 107.402(b)(2); 

i. Section 107.403(c); 

j. Section 107.503(c); 

k. Section 107.608(c); 

l. Section 107.616(d)(1); 

m. Section 107.616(d)(3); 

n. Section 107.620(a)(1); 

o. Section 107.620(a)(2); 

p. Section 107.620(b); 

q. Section 107.711; and 

r. Section 107.803(a). 

PART 107—[NOMENCLATURE 

CHANGE] 

■ 16. In part 107, the acronym ‘‘RSPA’s’’

is removed and ‘‘PHMSA’s’’ is added in 

each place it appears in the following 

places: 

a. Section 107.310(b)(2); and 

b. Appendix A to Subpart D, Part 

IV(A.)(1). 

PART 107—[NOMENCLATURE 

CHANGE] 

■ 17. In part 107, ‘‘Research and Special 

Programs Administration’’ is removed 

and ‘‘Pipeline and Hazardous Materials 

Safety Administration’’ is added in each 

place it appears in the following places: 

a. Section 107.1 definitions of 

‘‘Administrator and Associate 

Administrator’’; 

b. Section 107.127(a); 

c. Section 107.203(b)(1)(i); 

d. Section 107.215(b)(1)(i); 

e. Section 107.301; 

f. Section 107.305(b)(4); 

g. Section 107.335; and 

h. Section 107.705(a)(1). 

PART 107—[NOMENCLATURE 

CHANGE] 

■ 18. In part 107, 

‘‘aahmspreemption@rspa.dot.gov’’ is 

removed and 

‘‘aahspreemption@dot.gov’’ is added in 

each of the following places: 

a. Section 107.203(b)(1)(iii); and 

b. Section 107.215(b)(1)(iii). 

PART 107—[NOMENCLATURE 

CHANGE] 

■ 19. In part 107, 

‘‘Approvals@rspa.dot.gov’’ is removed 

and ‘‘approvals@dot.gov’’ is added in 

each place it appears in the following 

places: 

a. Section 107.402(a); and 

b. Section 107.705(a)(1). 

■ 20. In § 107.105, paragraph (a)(1) is 

revised to read as follows: 

§ 107.105 Application for exemption. 

(a) * * * 

(1) Be submitted for timely 

consideration, at least 120 days before 

the requested effective date, in duplicate 

to: Associate Administrator for 

Hazardous Materials Safety (Attention: 

Exemptions, PHH–31), Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 400 7th Street, SW., 

Washington, DC 20590–0001. 

Alternatively, you may send the 

56090 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

application with any attached 

supporting documentation submitted in 

an appropriate format by facsimile (fax) 

to: (202) 366–3753 or (202) 366–3308 or 

by electronic mail (e-mail) to: 

Exemptions@dot.gov; 

* * * * * 

■ 21. In § 107.107, paragraph (b)(1) is 

revised to read as follows: 

§ 107.107 Application for party status. 

(b) * * * 

(1) Be submitted in duplicate to: 

Associate Administrator for Hazardous 

Materials Safety (Attention: Exemptions, 

PHH–31), Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590–

0001. Alternatively, you may send the 

application with any attached 

supporting documentation in an 

appropriate format by facsimile (fax) to: 

(202) 366–3753 or (202) 366–3308 or by 

electronic mail (e-mail) to: 

Exemptions@dot.gov; 

* * * * * 

■ 22. In § 107.109, paragraph (a)(1) is 

revised to read as follows 

§ 107.109 Application for renewal. 

(a) * * * 

(1) Be submitted in duplicate to: 

Associate Administrator for Hazardous 

Materials Safety (Attention: Exemptions, 

PHH–31), Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 400 7th 

Street, SW., Washington, DC 20590–

0001. Alternatively, you may send the 

application, with any attached 

supporting documentation submitted in 

an appropriate format by facsimile (fax) 

to: (202) 366–3753 or (202) 366–3308 or 

by electronic mail (e-mail) to: 

Exemptions@dot.gov; 

* * * * * 

■ 22a. In § 107.117 paragraph (d)(5) is 

revised to read as follows: 

§ 107.117 Emergency Processing. 

* * * * * 

(d) * * * 

(5) Water Transportation: Chief, 

Hazardous Materials Standards 

Division, Office of Operating and 

Environmental Standards, U.S. Coast 

Guard, U.S. Department of Homeland 

Security, Washington, DC 20593–0001; 

(202) 267–1217 (day); 1–800–424–8802 

(night). 

* * * * * 

■ 23. Section 107.325 is revised to read 

as follows: 

§ 107.325 Appeals. 

(a) Hearing proceedings. A party 

aggrieved by an ALJ’s decision and 

order issued under § 107.323, may file a 

written appeal in accordance with 

paragraph (c) of this section with the 

Administrator, Office of the 

Administrator, Pipeline and Hazardous 

Materials Safety Administration, 400 

Seventh Street, SW., Washington, DC 

20590–0001. 

(b) Non-Hearing proceedings. A 

respondent aggrieved by an order issued 

under § 107.317, may file a written 

appeal in accordance with paragraph (c) 

of this section with the Administrator, 

Office of the Administrator, Pipeline 

and Hazardous Materials Safety 

Administration, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

(c) An appeal of an order issued under 

this subpart must: 

(1) Be filed within 20 days of receipt 

of the order by the appealing party; and 

(2) State with particularity the 

findings in the order that the appealing 

party challenges, and include all 

information and arguments pertinent 

thereto. 

(d) If the Administrator, PHMSA, 

affirms the order in whole or in part, the 

respondent must comply with the terms 

of the decision within 20 days of the 

respondent’s receipt thereof, or within 

the time prescribed in the order. If the 

respondent does not comply with the 

terms of the decision within 20 days of 

receipt, or within the time prescribed in 

the order, the case may be referred to 

the Attorney General for action to 

enforce the terms of the decision. 

(e) The filing of an appeal stays the 

effectiveness of an order issued under 

§ 107.317 or § 107.323. However, if the 

Administrator, PHMSA, determines that 

it is in the public interest, he may keep 

an order directing compliance in force 

pending appeal. 

§ 107.402 [Amended] 

■ 24. In § 107.402, in paragraph (a), 

‘‘DHM–32’’ is removed and ‘‘PHH–32’’

is added in its place. 

§ 107.608 [Amended] 

■ 25. In § 107.608, in paragraph (d), 

‘‘DHM–60’’ is removed and ‘‘PHH–60’’

is added in its place. 

§ 107.705 [Amended] 

■ 26. In § 107.705, in paragraph (a)(1), 

‘‘DHM–32’’ is removed and ‘‘PHH–32’’

is added in its place. 

§ 107.805 [Amended] 

■ 27. In § 107.805, in paragraph (g), 

‘‘DHM–32’’ is removed and ‘‘PHH–32’’

is added in its place. 

Appendix A to Subpart D [Amended] 

■ 28. In part 107, Appendix A to 

Subpart D, Part IV, paragraph C., in the 

first sentence the reference to ‘‘49 U.S.C. 

5213(a)’’ is revised to read ‘‘49 U.S.C. 

5123(a)’’. 

PART 110—HAZARDOUS MATERIALS 

PUBLIC SECTOR TRAINING AND 

PLANNING GRANTS 

■ 29. The authority citation for part 110 

continues to read as follows: 

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

1.53. 

PART 110—[NOMENCLATURE 

CHANGE] 

■ 30. In part 110, ‘‘Research and Special 

Programs Administration’’ is removed 

and ‘‘Pipeline and Hazardous Materials 

Safety Administration’’ is added in each 

place it appears in the following places: 

a. Section 110.5(c); 

b. Section 110.20 definition of 

‘‘Associate Administrator’’; 

c. Section 110.30(a) introductory text; 

and 

d. Section 110.120. 

§ 110.130 [Amended] 

■ 31. In § 110.130 remove ‘‘RSPA’’ and 

add ‘‘PHMSA’’ in its place. 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 32. The authority citation for part 171 

continues to read as follows: 

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

CFR 1.45 and 1.53; Pub. L. 101–410 section 

4 (28 U.S.C. 2461 note); Pub. L. 104–134 

section 31001. 

PART 171—[NOMENCLATURE 

CHANGE] 

■ 33. In part 171, the acronym ‘‘RSPA’’

is removed and ‘‘PHMSA’’ is added in 

each place it appears in the following 

places: 

a. Section 171.20(a); and 

b. Section 171.20(c). 

PART 171—[NOMENCLATURE 

CHANGE] 

■ 34. In part 171, ‘‘Research and Special 

Programs Administration’’ is removed 

and ‘‘Pipeline and Hazardous Materials 

Safety Administration’’ is added in each 

place it appears in the following places: 

a. Section 171.8 definitions of 

‘‘Associate Administrator’’; 

b. Section 171.16(b)(1); and 

c. Section 171.20(b). 

■ 35. In § 171.6, in paragraph (b)(2) 

table, the following changes are made: 

■ a. In the entries for Current OMB 

Control Nos. ‘‘2137–0018,’’ ‘‘2137–

0039,’’ ‘‘2137–0051,’’ ‘‘2137–0542,’’ and 

‘‘2137–0559,’’ the text in column 2 is 

revised, and 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56091 

■ b. An entry for OMB Control No. 

‘‘2137–0591’’ is added, in numerical 

order. 

The revisions and addition read as 

follows: 

§ 171.6 Control numbers under the 

Paperwork Reduction Act. 

* * * * * 

(b) * * * 

(2) Table. 

* * * * * 

Current OMB 

control No. Title 

Title 49 CFR part or 

section where identified and described 

* * * * * * * 

2137–0018 .................. Inspection and Testing of Portable Tanks and Intermediate Bulk Containers ............................ * * * 

* * * * * * * 

2137–0039 .................. Hazardous Materials Incidents Reports ....................................................................................... * * * 

2137–0051 .................. Rulemaking, Exemption, and Preemption Requirements ............................................................ * * * 

* * * * * * * 

2137–0542 .................. Flammable Cryogenic Liquids ...................................................................................................... * * * 

* * * * * * * 

2137–0559 .................. (Rail Carriers and Tank Car Tank Requirements) Requirements for Rail Tank Car Tanks— 

Transportation of Hazardous Materials by Rail.

* * * 

* * * * * * * 

2137–0591 .................. Response Plans for Shipments of Oil .......................................................................................... Part 130. 

* * * * * * * 

* * * * * 

■ 36. In § 171.8 the following changes 

are made: 

■ a. In the definition for ‘‘Maximum 

Allowable Working Pressure or 

MAWP,’’ the reference to ‘‘§ 178.320(c)’’

is removed and ‘‘§ 178.320(a)’’ is added 

in its place. 

■ b. The definition of ‘‘RSPA’’ is 

removed. 

■ c. The definition of ‘‘PHMSA’’ is 

added in the appropriate alphabetical 

sequence to read as follows: 

§ 171.8 Definitions. 

* * * * * 

PHMSA means the Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

* * * * * 

§ 171.11 [Amended] 

■ 37. In § 171.11, in paragraph (d)(6)(iv), 

the wording ‘‘radioactive material’’ is 

removed and the wording ‘‘limited 

quantities of radioactive material’’ is 

added in its place. 

§ 171.16 [Amended] 

■ 38. In § 171.16, in paragraph (b)(1), 

‘‘DHM–63’’ is removed and ‘‘PHH–63’’

is added in each place that it appears. 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

■ 39. The authority citation for part 172 

continues to read as follows: 

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

1.53. 

PART 172—[NOMENCLATURE 

CHANGE] 

■ 40. In Part 172, the acronym ‘‘RSPA’’

is removed and ‘‘PHMSA’’ is added in 

each of the following places: 

a. Section 172.101, Appendix A, 

Table 1, Footnote @; and 

b. Section 172.101, Appendix A, 

Table 2, Footnote * * *. 

■ 41. In § 172.101, the Hazardous 

Materials Table is amended by 

removing, adding and revising, in the 

appropriate alphabetical sequence, the 

following entries to read as follows: 

56092 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

Symbols 

Hazardous materials 

descriptions and 

proper shipping 

names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(8) 

Packaging (§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

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

* * * * * * * 

Adhesives, containing a flammable liquid. 3 UN1133 .... I ................ 3 ............................... B42, T11, TP1, TP8, 

TP27.

150 ........... 201 ........... 243 ........... 1 L ............ 30 L .......... B ...............

................................... .................. ................... II ............... 3 ............................... 149, B52, 

IB2, T4, TP1, TP8.

150 ........... 173 ........... 242 ........... 5 L ............ 60 L .......... A ...............

................................... .................. ................... III .............. 3 ............................... B1, B52, 

IB3, T2, TP1.

150 ........... 173 ........... 242 ........... 60 L .......... 220 L ........ A ...............

* * * * * * * 

Aerosols, corrosive, 

Packing Group II or III (each not exceeding 1 L capacity).

2.2 UN1950 .... ................... 2.2, 8 ........................ A34 ........... 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... A ............... 48, 87, 126 

Aerosols, flammable, 

(each not exceeding 1 L capacity).

2.1 UN1950 .... ................... 2.1 ............................ N82 ........... 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... A ............... 48, 87, 126 

Aerosols, flammable, 

n.o.s. (engine starting fluid) each not exceeding 1 L capacity).

2.1 UN1950 .... ................... 2.1 ............................ N82 ........... 306 ........... 304 ........... None ......... Forbidden 150 kg ...... A ............... 48, 87, 126 

Aerosols, non-flammable, (each not 

exceeding 1 L capacity).

2.2 UN1950 .... ................... 2.2 ............................ ................... 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... A ............... 48, 87, 126 

Aerosols, poison, 

(each not exceeding 1 L capacity).

2.2 UN1950 .... ................... 2.2, 6.1 ..................... ................... 306 ........... None ......... None ......... Forbidden Forbidden A ............... 48, 87, 126 

* * * * * * * 

G ................. Alkaloids, solid, n.o.s. 

or Alkaloid salts, solid, n.o.s. poisonous.

6.1 UN1544 .... I ................ 6.1 ............................ IB7, IP1, 

T6, TP33.

None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ A ...............

.................. ................... II ............... 6.1 ............................ IB8, IP2, 

1P4, T3, TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

.................. ................... III .............. 6.1 ............................ IB8, IP3, 

T1, TP33.

153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

* * * * * * * 

Cartridges, safety, 

see Cartridges for weapons, other than blank or Cartridges, power device (UN 0323).

.................. ................... ................... ................................... ................... ................... ................... ................... ................... .............. ..............

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56093 

* * * * * * * 

Cartridges, sporting, 

see Cartridges for weapons, other than blank.

.................. ................... ................................... ................... ................... ................... ................... ................... .............. ..............

* * * * * * * 

Chlorate and magnesium chloride mixture, solid. 5.1 UN1459 .... III .............. 5.1 ............................ A9, IB8, IP3, N34, T1, TP33. 152 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 56, 58 

Chlorate of potash, 

see Potassium chlorate.

.................. ................... ................... ................................... ................... ................... ................... ................... ................... .............. ..............

* * * * * * * 

Chloroacetophenone, 

CN, liquid.

6.1 UN3416 .... II ............... 6.1 ............................ A3, IB2, 

N12, N32, N33, N34, T3, TP2, TP13.

None ......... 202 ........... 243 ........... Forbidden 60 L .......... D ............... 12, 40 

Chloroacetophenone, 

CN, solid.

6.1 UN1697 .... II ............... 6.1 ............................ A3, IB8, 

IP2, IP4, N12, N32, N33, N34, T3, TP13, TP33.

None ......... 212 ........... None ......... Forbidden 100 kg ...... D ............... 12, 40 

* * * * * * * 

Etching acid, liquid, 

n.o.s., see Hydrofluoric acid, solution etc.

.................. ................... ................... ................................... ................... ................... ................... ................... ................... .............. ..............

* * * * * * * 

Fissile radioactive 

materials, see Radioactive material, fissile, n.o.s.

.................. ................... ................... ................................... ................... ................... ................... ................... ................... .............. ..............

* * * * * * * 

Hydrogen iodid solution, see Hydriodic 

acid.

.................. ................... ................... ................................... ................... ................... ................... ................... ................... .............. ..............

* * * * * * * 

G ................. Samples, explosive, 

other than initiating explosives.

.................. UN1090 .... II ............... ................................... 113 ........... None ......... 62 ............. None ......... Forbidden Forbidden 14 ............. 12E 

* * * * * * * 

Trinitrochlorobenzene 

(picry 1 chloride), wetted, with not less than 10% water by mass.

4.1 UN3365 .... I ................ 4.1 ............................ 162, A8, 

A19, N41, N84.

None ......... 211 ........... None ......... 0.5 kg ....... 0.5 kg ....... E ............... 36 

* * * * * * * 

[ADD] 

56094 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials 

descriptions and 

proper shipping 

names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(8) 

Packaging (§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

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

* * * * * * * 

Adhesives, containing a flammable liquid. 3 UN1133 .... I ................ 3 ............................... B42, T11, TP1, TP8, 

TP27.

150 ........... 201 ........... 243 ........... 1 L ............ 30 L .......... B ...............

.................. ................... II ............... 3 ............................... 149, B52, 

IB2, T4, TP1, TP8.

150 ........... 173 ........... 242 ........... 5 L ............ 60 L .......... B ...............

.................. ................... III .............. 3 ............................... B1, B52, 

IB3, T2, TP1.

150 ........... 173 ........... 242 ........... 60 L .......... 220 L ........ A ...............

* * * * * * * 

Aerosols, corrosive, 

Packing Group II or III, (each not exceeding 1 L capacity).

2.2 UN1950 .... ................... 2.2, 8 ........................ A34 ........... 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... A ............... 48, 87, 126 

Aerosols, flammable, 

(each not exceeding 1 L capacity).

2.1 UN1950 .... ................... 2.1 ............................ N82 ........... 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... A ............... 48, 87, 126 

Aerosols, flammable, 

n.o.s. (engine starting fluid) (each not exceeding 1 L capacity).

2.1 UN1950 .... ................... 2.1 ............................ N82 ........... 306 ........... 304 ........... None ......... Forbidden 150 kg ...... A ............... 48, 87, 126 

Aerosols, non-flammable, (each not 

exceeding 1 L capacity).

2.2 UN1950 .... ................... 2.2 ............................ ................... 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... 48, 87, 126 

Aerosols, poison, 

(each not exceeding 1 L capacity).

2.2 UN1950 .... ................... 2.2, 6.1 ..................... ................... 306 ........... None ......... None ......... Forbidden Forbidden A ............... 48, 87, 126 

* * * * * * * 

G ................. Alkaloids, solid, n.o.s. 

or Alkaloid salts, solid, n.o.s. poisonous.

6.1 UN1544 .... I ................ 6.1 ............................ IB7, IP1, 

T6, TP33.

None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ A ...............

................................... .................. ................... II ............... 6.1 ............................ IB8, IP2, 

IP4, T3, TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

................................... .................. ................... III .............. 6.1 ............................ IB8, IP3, 

T1, TP33.

153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

* * * * * * * 

Cartridges, safety, 

see Cartriges for weapons, inert projectile, or Cartridges, small arms or Cartridges, power device (UN 0323).

.................. ................... ................... ................................... ................... ................... ................... ................... ................... ................... ...................

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56095 

* * * * * * * 

Cartridges, sporting, 

see Cartridges for weapons, inert porjectile, or Cartridges, small arms.

.................. ................... ................... ................................... ................... ................... ................... ................... ................... ................... ...................

* * * * * * * 

Chlorate of potash, 

see Potassium chlorate.

.................. ................... ................... ................................... ................... ................... ................... ................... ................... ................... ...................

* * * * * * * 

Chloroacetophenone, 

liquid, (CN).

6.1 UN3416 .... II ............... 6.1 ............................ A3, IB2, 

N12, N32, N33, T7, TP2, TP13.

None ......... 202 ........... 243 ........... Forbidden 60 L .......... D ............... 12, 40 

Chloroacetophenone, 

solid, (CN).

6.1 UN1697 .... II ............... 6.1 ............................ A3, IB8, 

IP2, IP4, N12, N32, N33, N34, T3, TP2, TP13, TP33.

None ......... 212 ........... None ......... Forbidden 100 kg ...... D ............... 12, 40 

Cyclotrimethylenenitramine and 

octogen, mixtures, wetted or desensitized see RDX 

and HMX mixtures, wetted or desensitized, etc.

.................. ................... ................... ................................... ................... ................... ................... ................... ................... ................... ...................

* * * * * * * 

Etching acid, liquid, 

n.o.s., see Hydrofluoric acid, etc.

* * * * * * * 

Hydrogen iodide solution, see Hydriodic acid. .................. ................................... ................... ................... ................... ................... ................... ................... ...................

* * * * * * * 

Receptacles, small, 

containing agas (gas cartridges) non-flammable, without release device, not refillable and not exceeding 1 L capacity.

2.2 UN2037 .... ................... 2.2, 5.1 ..................... A14 ........... 306 ........... 304 ........... None ......... 1 kg .......... 15 kg ........ B ............... 40 

* * * * * * * 

G ................. Samples, explosive, 

other than initiating explosives.

.................. UN0190 .... II ............... ................................... 113 ........... None ......... 62 ............. None ......... Forbidden Forbidden 14 .............

56096 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials 

descriptions and 

proper shipping 

names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(8) 

Packaging (§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

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

* * * * * * * 

Trinitrochlorobenzene 

(picryl chloride), wetted, with not less than 10% water by mass.

4.1 UN3365 .... I ................ 4.1 ............................ 162, A8, 

A19, N41, N84.

None ......... 211 ........... None ......... 0.5 kg ....... 0.5 kg ....... E ............... 36 

* * * * * * * 

[REVISE] 

* * * * * * * 

Aluminum alkyl 

halides, solid.

4.2 UN3461 .... I ................ 4.2, 4.3 ..................... 173, T21, 

TP7, TP33.

None ......... 181 ........... 244 ........... Forbidden Forbidden D ............... 134 

* * * * * * * 

Ammonium nitrate 

emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, 

intermediate for blasting explosives.

5.1 UN3375 .... II ............... 5.1 ............................ 147, 163 ... None ......... 214 ........... 214 ........... Forbidden Forbidden D ............... 48, 59, 60, 

66, 124 

* * * * * * * 

D ................. Denatured alcohol .... 3 NA1987 .... II ............... 3 ............................... 172, T8 ..... 150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... B ...............

.................. ................... III .............. 3 ............................... 172, B1, T7 150 ........... 203 ........... 242 ........... 60 L .......... 220 L ........ A ...............

* * * * * * * 

Gasoline ................... 3 UN1203 .... II ............... 3 ............................... 144, B1, 

B33, T8.

150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... E ...............

* * * * * * * 

Nitrocresols, solid ..... 6.1 UN2446 .... III .............. 6.1 ............................ IB8, IP3, 

T1, TP33.

153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

* * * * * * * 

G ................. Organometallic substance, liquid, 

water-reactive, flammable.

4.3 UN3399 .... I ................ 4.3, 3 ........................ T13, TP2, 

TP7.

None ......... 201 ........... 244 ........... Forbidden 1 L ............ E ............... 40, 52 

* * * * * * * 

Radioactive material, 

Type A package non-special form, non fissile or fissile-excepted.

7 UN2915 .... ................... 7 ............................... A56, W7, 

W8.

................... 415, 418 ... 415, 419 ... ................... ................... A ............... 95, 130 

* * * * * * * 

+ Selenium compound, 

liquid, n.o.s.

6.1 UN3440 .... I ................ 6.1 ............................ T14, TP2, 

TP27.

None ......... 201 ........... 243 ........... 1L ............. 30L ........... B ...............

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56097 

* * * * * * * 

+ .................. Sulfuric acid, fuming 

with 30 percent or more free sulfur trioxide.

8 UN1831 .... I ................ 8, 6.1 ........................ 2, B9, B14, 

B32, B74, B77, B84, N34, T20, TP2, TP12, TP13.

None ......... 227 ........... 244 ........... Forbidden Forbidden C ............... 14, 40 

* * * * * * * 

56098 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

* * * * * 

■ 42. In § 172.102(c)(1), the following 

changes are made: 

■ a. Special provision 132 is revised to 

read as follows; and 

■ b. In Special provision 144, the 

reference ‘‘40 CFR 180.12’’ is removed 

and ‘‘40 CFR 280.12’’ is added in its 

place. 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

* * * * * 

132. This entry may only be used for 

uniform, ammonium nitrate based 

fertilizer mixtures, containing nitrogen, 

phosphate or potash, meeting the 

following criteria: (1) Contains not more 

than 70% ammonium nitrate and not 

more than 0.4% total combustible, 

organic material calculated as carbon or 

(2) Contains not more than 45% 

ammonium nitrate and unrestricted 

combustible material. 

* * * * * 

■ 43. In § 172.102, in paragraph (c)(4), 

in Table 1.–IB CODES (IBC CODES), in 

the IB2 entry, under Additional 

Requirement, the wording ‘‘130kPaat’’ is 

removed and ‘‘130 kPa at’’ is added in 

its place. 

■ 44. In § 172.203, paragraph (m) is 

revised to read as follows: 

§ 172.203 Additional Description 

Requirements. 

* * * * * 

(m) Poisonous Materials. 

Notwithstanding the hazard class to 

which a material is assigned, for 

materials that are poisonous by 

inhalation (see § 171.8 of this 

subchapter), the words ‘‘PoisonInhalation Hazard’’ or ‘‘Toxic-Inhalation 

Hazard’’ and the words ‘‘Zone A’’, 

‘‘Zone B’’, ‘‘Zone C’’, or ‘‘Zone D’’ for 

gases or ‘‘Zone A’’ or ‘‘Zone B’’ for 

liquids, as appropriate, shall be entered 

on the shipping paper immediately 

following the shipping description. The 

word ‘‘Poison’’ or ‘‘Toxic’’ need not be 

repeated if it otherwise appears in the 

shipping description. 

* * * * * 

■ 45. In § 172.322, a new paragraph (f) 

is added to read as follows: 

§ 172.322 Marine pollutants. 

* * * * * 

(f) Exceptions. See § 171.4(c). 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 46. The authority citation for part 173 

continues to read as follows: 

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

CFR 1.45, 1.53. 

PART 173—[NOMENCLATURE 

CHANGE] 

■ 47. In part 173, the acronym ‘‘RSPA’’

is removed and ‘‘PHMSA’’ is added in 

each of the following places: 

a. Section 173.22(c)(2); and 

b. Section 173.136(b). 

PART 173—[NOMENCLATURE 

CHANGE] 

■ 48. In part 173, 

‘‘ramcert@rspa.dot.gov’’ is removed and 

‘‘ramcert@dot.gov’’ is added in each of 

the following places: 

a. Section 173.471(d); 

b. Section 173.471(e); 

c. Section 173.472(f); 

d. Section 173.473(a)(1); 

e. Section 173.473(a)(2); 

f. Section 173.476(c) introductory 

text; and 

g. Section 173.477(c) introductory 

text. 

■ 49. In § 173.3, paragraph (c), the 

introductory text is revised to read as 

follows: 

§ 173.3 Packaging and exceptions. 

* * * * * 

(c) Salvage drums. Packages of 

hazardous materials that are damaged, 

defective, or leaking; packages found to 

be not conforming to the requirements 

of this subchapter after having been 

placed in transportation; and, hazardous 

materials that have spilled or leaked 

may be placed in a metal or plastic 

removable head salvage drum that is 

compatible with the lading and shipped 

for repackaging or disposal under the 

following conditions: 

* * * * * 

■ 50. In § 173.4, paragraph (a)(10) is 

revised to read as follows: 

§ 173.4 Small quantity exceptions. 

(a) * * * 

(10) The shipper certifies 

conformance with this section by 

marking the outside of the package with 

the statement ‘‘This package conforms 

to 49 CFR 173.4.’’

* * * * * 

§ 173.134 [Amended] 

■ 51. In § 173.134, in paragraph 

(c)(1)(ii), the reference to ‘‘29 CFR 

1910.103’’ is removed and ‘‘29 CFR 

1910.1030’’ is added in its place. 

§ 173.222 [Amended] 

■ 52. In § 173.222, in paragraph (c)(2), 

‘‘0.5 L (0.3 gallons)’’ is removed and 

‘‘0.5 L (0.1 gallons)’’ is added in its 

place. 

§ 173.227 [Amended] 

■ 53. In § 173.227, in the section 

heading, ‘‘Division 6.2’’ is removed and 

‘‘Division 6.1’’ is added in its place. 

■ 54. In § 173.315, the text of paragraph 

(a) before the table is revised to read as 

follows: 

§ 173.315 Compressed gases in cargo 

tanks and portable tanks. 

(a) Liquefied compressed gases that 

are transported in UN portable tanks, 

DOT specification portable tanks, or 

cargo tanks must be prepared in 

accordance with this section, § 173.32, 

§ 173.33 and subpart E or subpart G of 

part 180 of this subchapter, as 

applicable. For cryogenic liquid in cargo 

tanks, see § 173.318. For marking 

requirements for portable tanks and 

cargo tanks, see § 172.326 and § 172.328 

of this subchapter, as applicable. 

(1) UN portable tanks: UN portable 

tanks must be loaded and offered for 

transportation in accordance with 

portable tank provision T50 in § 172.102 

of this subchapter. 

(2) Cargo tanks and DOT specification 

portable tanks: Cargo tanks and DOT 

specification portable tanks must be 

loaded and offered for transportation in 

accordance with the following table: 

* * * * * 

§ 173.403 [Amended] 

■ 55. In § 173.403, in the definition for 

‘‘Radioactive instrument or article,’’ the 

wording ‘‘such as an instrument such as 

an instrument’’ is removed and ‘‘such as 

an instrument’’ is added in its place. 

■ 56. In § 173.418, paragraph (e) is 

revised to read as follows: 

§ 173.418 Authorized packages—oxidizing 

Class 7 (radioactive) materials. 

* * * * * 

(e) Pyrophoric Class 7 (radioactive) 

materials transported by aircraft must be 

packaged in Type B packages. 

■ 57. In § 173.421, paragraph (a)(5) is 

revised to read as follows: 

§ 173.421 Excepted packages for limited 

quantities of Class 7 (radioactive materials). 

(a) * * * 

(5) The package does not contain 

fissile material unless excepted by 

§ 173.453. 

* * * * * 

§ 173.427 [Amended] 

■ 58. In § 173.427, in paragraph (b)(5)(i), 

‘‘(§§ 179.200, 179.201, 179.202 of this 

subchapter)’’ is removed and 

‘‘(§§ 173.31, and 179.201–1 to 179.201–

11 of this subchapter)’’ is added in its 

place. 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56099 

§ 173.465 [Amended] 

■ 59. In § 173.465, the following 

changes are made: 

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

‘‘Table 12’’ is removed and ‘‘Table 10’’

is added in its place. 

■ b. In paragraph (c)(1), Table 10, in 

column one, the heading ‘‘Packaging 

mass’’ is removed and ‘‘Package mass’’

is added in its place. 

§ 173.471 [Amended] 

■ 60. In § 173.471, in paragraphs (d) and 

(e), ‘‘DHM–23’’ is removed and ‘‘PHH–

23’’ is added in its place. 

PART 176—CARRIAGE BY VESSEL 

■ 61. The authority citation for part 176 

continues to read as follows: 

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

1.53. 

PART 176—[AMENDED] 

■ 62. In § 176.144, the text of paragraph 

(a) before the table and entries E and F 

of the table are revised to read as 

follows: 

§ 176.144 Segregation of Class 1 

(explosive) materials. 

(a) Except as provided in § 176.145 of 

this subchapter, stowage of Class 1 

(explosive) materials within the same 

compartment, magazine, or cargo 

transport unit is subject to provisions 

contained in table 176.144(a). 

TABLE 176.144(A).—AUTHORIZED MIXED STOWAGE FOR EXPLOSIVES

[An ‘‘X’’ indicates that explosives in the two different compatibility groups reflected by the location of the ‘‘X’’ may not be stowed in the same 

compartment, magazine, or cargo transport unit] 

Compatibility groups A B C D E F G H J K L N S 

* * * * * * * 

E ............................................................................. X X 6 6 ........ X 1 X X X X 4 ........

F ............................................................................. X X X X X ........ X X X X X X ........

* * * * * * * 

* * * * * 

§ 176.905 [Amended] 

■ 63. In § 176.905, in paragraph (i)(3), 

the reference ‘‘46 CFR 70.10–44’’ is 

removed and ‘‘46 CFR 70.10–1’’ is 

added in its place. 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

■ 64. The authority citation for part 177 

continues to read as follows: 

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

1.53. 

■ 65. In § 177.848, paragraph (c) is 

revised to read as follows: 

§ 177.848 Segregation of Hazardous 

Materials. 

* * * * * 

(c) In addition to the provisions of 

paragraph (d) of this section and except 

as provided in § 173.12(e) of this 

subchapter, cyanides, cyanide mixtures 

or solutions may not be stored, loaded 

and transported with acids if a mixture 

of the materials would generate 

hydrogen cyanide, and Division 4.2 

materials may not be stored, loaded and 

transported with Class 8 liquids. 

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 66. The authority citation for part 178 

continues to read as follows: 

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

1.53. 

§ 178.245–1 [Amended] 

■ 67. In § 178.245–1, in paragraph (e), 

the section reference ‘‘§ 173.300’’ is 

removed and ‘‘§ 173.115’’ is added in its 

place. 

§ 178.345–1 [Amended] 

■ 68. In § 178.345–1, in paragraph (c), in 

the definition for ‘‘MAWP,’’ the 

reference ‘‘§ 178.345–1(k)’’ is removed 

and ‘‘§ 178.320(a)’’ is added in its place. 

■ 69. In § 178.350, paragraph (c) is 

revised to read as follows: 

§ 178.350 Specification 7A; general 

packaging, Type A. 

* * * * * 

(c) Each Specification 7A packaging 

must comply with the marking 

requirements of § 178.3. In paragraph 

178.3(a)(2), the term ‘‘packaging 

manufacturer’’ means the person 

certifying that the package meets all 

requirements of this section. 

PART 179—SPECIFICATIONS FOR 

TANK CARS 

■ 70. The authority citation for part 179 

continues to read as follows: 

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

1.53. 

§ 179.18 [Amended] 

■ 71. In § 179.18, in paragraph (c), the 

acronym ‘‘RSPA’’ is removed and 

‘‘PHMSA’’ is added in its place, and the 

phrase ‘‘Research and Special Programs 

Administration’’ is removed and 

‘‘Pipeline and Hazardous Materials 

Safety Administration’’ is added in its 

place. 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 72. The authority citation for part 180 

continues to read as follows: 

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

1.53. 

■ 73. In § 180.352, paragraphs (e) and (f) 

are revised and a new paragraph (g) is 

added to read as follows: 

§ 180.352 Requirements for retest and 

inspection of IBCs. 

* * * * * 

(e) Requirements applicable to routine 

maintenance of IBCs. Except for routine 

maintenance of metal, rigid plastics and 

composite IBCs performed by the owner 

of the IBC, whose State and name or 

authorized symbol is durably marked on 

the IBC, the party performing the 

routine maintenance shall durably mark 

the IBC near the manufacturer’s UN 

design type marking to show the 

following: 

(1) The country in which the routine 

maintenance was carried out; and 

(2) The name or authorized symbol of 

the party performing the routine 

maintenance. 

(f) Retest date. The date of the most 

recent periodic retest must be marked as 

provided in § 178.703(b) of this 

subchapter. 

(g) Record retention. The owner or 

lessee of the IBC must keep records of 

56100 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

periodic retests, initial and periodic 

inspections, and test performed on the 

IBC if it has been repaired. Records 

must include design types and 

packaging specifications, test and 

inspection dates, name and address of 

test and inspection facilities, names or 

name of any persons conducting tests or 

inspections, and test or inspection 

specifics and results. Records must be 

kept for each packaging at each location 

where periodic tests are conducted, 

until such tests are successfully 

performed again or at least 2.5 years 

from the date of the last test. The owner 

or lessee must make these records 

available for inspection by a 

representative of the Department on 

request. 

§ 180.409 [Amended] 

■ 75. In § 180.409, in paragraph (d)(2), 

the following changes are made: 

■ a. ‘‘Research and Special Programs 

Administration’’ is removed and 

‘‘Pipeline and Hazardous Materials 

Safety Administration’’ is added in its 

place. 

■ b. ‘‘DHM–32’’ is removed and ‘‘PHH–

32’’ is added in its place. 

Issued in Washington, DC, on September 

19, 2005, under authority delegated in 49 

CFR part 1. 

Brigham A. McCown, 

Acting Administrator. 

[FR Doc. 05–18983 Filed 9–22–05; 8:45 am] 

BILLING CODE 4910–60–P