Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 73153 

with Australia and Morocco, as 

approved by Congress in the United 

States-Australia Free Trade Agreement 

Implementation Act (Public Law 108–

286) and the United States-Morocco 

Free Trade Agreement Implementation 

Act (Public Law 108–302). The Free 

Trade Agreements were scheduled to 

become effective on or after January 1, 

2005. However, the United States Trade 

Representative has informed DoD that 

the Morocco Free Trade Agreement has 

not yet entered into force. Therefore, 

implementation of the Morocco Free 

Trade Agreement is excluded from this 

final rule. In addition, for consistency 

with the Federal Acquisition Regulation 

and other changes made by the interim 

rule, this final rule amends the 

definition of ‘‘eligible product’’ at 

225.003 to include foreign construction 

material. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. DoD 

applies the trade agreements to only 

those non-defense items listed at 

DFARS 225.401–70; and acquisitions 

that are set aside for small business 

concerns are exempt from application of 

the trade agreements. 

C. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7020 

and 252.225–7035, currently approved 

under Office of Management and Budget 

Control Number 0704–0229. The 

impact, however, is negligible. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Accordingly, the interim rule 

amending 48 CFR parts 225 and 252, 

which was published at 70 FR 2361 on 

January 13, 2005, is adopted as a final 

rule with the following changes: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 225—FOREIGN ACQUISITION 

■ 2. Section 225.003 is amended as 

follows: 

■ a. In paragraph (5)(i)(B), by removing 

‘‘or’’; 

■ b. By redesignating paragraph (5)(ii) as 

paragraph (5)(iii); and 

■ c. By adding a new paragraph (5)(ii) to 

read as follows: 

225.003 Definitions. 

* * * * * 

(5) * * * 

(ii) A foreign construction material 

that is not subject to discriminatory 

treatment, due to the applicability of a 

trade agreement to a particular 

acquisition; or 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 3. Section 252.212–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(DEC 2005)’’; and 

■ b. In paragraph (b), in entry ‘‘252.225–

7021’’, by removing ‘‘(JUN 2005)’’ and 

adding in its place ‘‘(DEC 2005)’’. 

252.225–7021 [Amended] 

■ 4. Section 252.225–7021 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(DEC 2005)’’; and 

■ b. In paragraph (a)(3)(ii), by removing 

‘‘Morocco,’’. 

■ 5. Section 252.225–7045 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(DEC 2005)’’; 

■ b. In paragraph (a), in the definition of 

‘‘Designated country’’, in paragraph (2), 

by removing ‘‘Morocco,’’; and 

■ c. By revising Alternate I to read as 

follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

* * * * * 

Alternate I (DEC 2005). As prescribed 

in 225.7503(b), delete the definitions of 

‘‘designated country’’ and ‘‘designated 

country construction material’’ from the 

definitions in paragraph (a) of the basic 

clause, add the following definition of 

‘‘Australian or Chilean construction 

material’’ to paragraph (a) of the basic 

clause, and substitute the following 

paragraphs (b) and (c) for paragraphs (b) 

and (c) of the basic clause: 

Australian or Chilean construction 

material means a construction material 

that—

(1) Is wholly the growth, product, or 

manufacture of Australia or Chile; or 

(2) In the case of a construction 

material that consists in whole or in part 

of materials from another country, has 

been substantially transformed in 

Australia or Chile into a new and 

different construction material distinct 

from the materials from which it was 

transformed. 

(b) This clause implements the 

Balance of Payments Program by 

providing a preference for domestic 

construction material. In addition, the 

Contracting Officer has determined that 

the WTO GPA and all Free Trade 

Agreements except NAFTA apply to this 

acquisition. Therefore, the Balance of 

Payments Program restrictions are 

waived for WTO GPA country, 

Australian or Chilean, least developed 

country, or Caribbean Basin country 

construction material. 

(c) The Contractor shall use only 

domestic, WTO GPA country, 

Australian or Chilean, least developed 

country, or Caribbean Basin country 

construction material in performing this 

contract, except for—

(1) Construction material valued at or 

below the simplified acquisition 

threshold in Part 2 of the Federal 

Acquisition Regulation; or 

(2) The construction material or 

components listed by the Government 

as follows: 

[Contracting Officer to list applicable 

excepted materials or indicate ‘‘none’’] 

[FR Doc. 05–23722 Filed 12–8–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 225 and 252 

[DFARS Case 2003–D008] 

Defense Federal Acquisition 

Regulation Supplement; Foreign 

Acquisition 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to the 

acquisition of supplies and services 

from foreign sources. This rule is a 

result of a transformation initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS. 

DATES: Effective Date: December 9, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, 

73154 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0328; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D008. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dars/ 

dfars/transformation/index.htm. 

This final rule is a result of the 

DFARS Transformation Initiative. The 

DFARS changes include—

• Deletion of redundant or 

unnecessary text at 225.000, 225.171, 

225.871–1(b), 225.7301(a)(1) through 

(3), and 225.7306. 

• Deletion of text at 225.001, 225.504, 

225.802, 225.870–1(d), 225.870–5, 

225.870–7, 225.871–5(c), 225.872–4, 

225.872–5, 225.872–6(c), 225.873–2, 

225.902, 225.903, 225.7301, and 

225.7302 containing internal DoD 

procedures, guidance, or information. 

This text has been relocated to the new 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI), available at http:// 

www.acq.osd.mil/dpap/dars/pgi. 

• Clarification of DFARS text as 

follows: 

• 225.401–70—Addition of a 

statutory reference and amendment of 

the section heading. 

• 225.408—Clarification that the 

exception from FAR 25.408(a)(4) for 

overseas acquisitions applies only to the 

requirement for submission of offers in 

U.S. dollars. 

• 225.701—Expansion of the crossreference to restrictions on contracting 

with firms owned or controlled by 

foreign governments that support 

terrorism (from 209.104–1(g)(i) to 

209.104–1(g)). 

• 225.871–6—Clarification that 

property that is jointly acquired by the 

members of a NATO cooperative project 

may be disposed of in accordance with 

the terms of the cooperative project 

agreement, without regard to any laws 

of the United States applicable to the 

disposal of property owned by the 

United States. 

• 225.7003—Clarification that the 

waiver procedures in 225.7003 apply 

only if specifically authorized by 

reference elsewhere in Subpart 225.70. 

• 225.7303–2(a)(3) and (redesignated) 

225.7306—Addition of cross-references. 

• 225.7501(a)(2)(iii)—Deletion of a 

reference to DoD Directive, 4120.3, 

Defense Standardization and 

Specification Program, which was 

cancelled in 1991. 

DoD published a proposed rule at 70 

FR 14625 on March 23, 2005. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule, with an 

additional change at 225.7301 to reflect 

the text added to 225.7301 in the 

interim rule published at 70 FR 57191 

on September 30, 2005. Also, the text 

proposed for addition to 225.802–70(c) 

has been excluded from this final rule, 

as this text was added to 225.7401(b) in 

the final rule published at 70 FR 23790 

on May 5, 2005. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule updates, streamlines, 

and clarifies DFARS text, but makes no 

significant change to DoD contracting 

policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.000 [Removed] 

■ 2. Section 225.000 is removed. 

■ 3. Section 225.001 is revised to read 

as follows: 

225.001 General. 

For guidance on evaluating offers of 

foreign end products, see PGI 225.001. 

225.171 [Removed] 

■ 4. Section 225.171 is removed. 

■ 5. Section 225.401–70 is amended by 

revising the section heading and the last 

sentence of the introductory text to read 

as follows: 

225.401–70 End products subject to trade 

agreements. 

* * * However, 225.003 expands the 

definition of Caribbean Basin country 

end products to include petroleum and 

any product derived from petroleum, in 

accordance with Section 8094 of Pub. L. 

103–139. 

* * * * * 

■ 6. Section 225.408 is revised to read 

as follows: 

225.408 Procedures. 

(a)(4) The requirements of FAR 

25.408(a)(4), on submission of offers in 

U.S. dollars, do not apply to overseas 

acquisitions or to Defense Energy 

Support Center post, camp, or station 

overseas requirements. 

■ 7. Section 225.504 is revised to read 

as follows: 

225.504 Evaluation examples. 

For examples that illustrate the 

evaluation procedures in 225.502(c)(ii), 

see PGI 225.504. 

■ 8. Section 225.701 is revised to read 

as follows: 

225.701 Restrictions. 

See 209.104–1(g) for restrictions on 

contracting with firms owned or 

controlled by foreign governments. 

■ 9. Section 225.802 is revised to read 

as follows: 

225.802 Procedures. 

(b) Information on memoranda of 

understanding and other international 

agreements is available at PGI 

225.802(b). 

■ 10. Section 225.870–1 is amended by 

revising paragraph (d) and removing 

paragraph (e). The revised text reads as 

follows: 

225.870–1 General. 

* * * * * 

(d) For additional information on 

production rights, data, and 

information; services provided by 

Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 73155 

Canadian Commercial Corporation; 

audit; and inspection, see PGI 225.870–

1(d). 

■ 11. Section 225.870–5 is revised to 

read as follows: 

225.870–5 Contract administration. 

Follow the contract administration 

procedures at PGI 225.870–5. 

■ 12. Section 225.870–7 is revised to 

read as follows: 

225.870–7 Acceptance of Canadian 

supplies. 

For information on the acceptance of 

Canadian supplies, see PGI 225.870–7. 

■ 13. Section 225.871 is revised to read 

as follows: 

225.871 North Atlantic Treaty Organization 

(NATO) cooperative projects. 

■ 14. Section 225.871–1 is revised to 

read as follows: 

225.871–1 Scope. 

This section implements 22 U.S.C. 

2767 and 10 U.S.C. 2350b. 

■ 15. Section 225.871–5 is amended by 

revising paragraph (b) and removing 

paragraph (c). The revised text reads as 

follows: 

225.871–5 Directed subcontracting. 

* * * * * 

(b) In some instances, it may not be 

feasible to name specific subcontractors 

at the time the agreement is concluded. 

However, the agreement shall clearly 

state the general provisions for work 

sharing at the prime and subcontract 

level. For additional information on 

cooperative project agreements, see PGI 

225.871–5. 

■ 16. Section 225.871–6 is revised to 

read as follows: 

225.871–6 Disposal of property. 

Dispose of property that is jointly 

acquired by the members of a 

cooperative project under the 

procedures established in the agreement 

or in a manner consistent with the terms 

of the agreement, without regard to any 

laws of the United States applicable to 

the disposal of property owned by the 

United States. 

■ 17. Section 225.872–4 is revised to 

read as follows: 

225.872–4 Individual determinations. 

If the offer of an end product from a 

qualifying country source listed in 

225.872–1(b), as evaluated, is low or 

otherwise eligible for award, prepare a 

determination and findings exempting 

the acquisition from the Buy American 

Act and the Balance of Payments 

Program as inconsistent with the public 

interest, unless another exception such 

as the Trade Agreements Act applies. 

Follow the procedures at PGI 225.872–

4. 

■ 18. Section 225.872–5 is amended by 

revising paragraphs (b) and (c) and by 

removing paragraph (d). The revised 

text reads as follows: 

225.872–5 Contract administration. 

* * * * * 

(b) Follow the contract administration 

procedures at PGI 225.872–5(b). 

(c) Information on quality assurance 

delegations to foreign governments is in 

Subpart 246.4, Government Contract 

Quality Assurance. 

■ 19. Section 225.872–6 is amended by 

revising paragraph (c) to read as follows: 

225.872–6 Audit. 

* * * * * 

(c) Handle requests for audits in 

qualifying countries in accordance with 

215.404–2(c), but follow the additional 

procedures at PGI 225.872–6(c). 

■ 20. Section 225.873–2 is revised to 

read as follows: 

225.873–2 Procedures. 

When an offeror or a contractor 

identifies a levy included in an offered 

or contract price, follow the procedures 

at PGI 225.873–2. 

■ 21. Sections 225.902 and 225.903 are 

revised to read as follows: 

225.902 Procedures. 

Follow the entry and release 

procedures at PGI 225.902. 

225.903 Exempted supplies. 

(b)(i) For an explanation of the term 

‘‘supplies,’’ see PGI 225.903(b)(i). 

(ii) The duty-free certificate shall be 

printed, stamped, or typed on the face 

of, or attached to, Customs Form 7501. 

A duly designated officer or civilian 

official of the appropriate department or 

agency shall execute the certificate in 

the format provided at PGI 

225.903(b)(ii). 

■ 22. Section 225.7003 is amended in 

paragraph (a) by revising the 

introductory text to read as follows: 

225.7003 Waiver of restrictions of 10 

U.S.C. 2534. 

(a) The waiver procedures of this 

section apply only if specifically 

authorized by reference elsewhere in 

this subpart. The restrictions on certain 

foreign purchases under 10 U.S.C. 

2534(a) may be waived as follows: 

* * * * * 

■ 23. Sections 225.7301 and 225.7302 

are revised to read as follows: 

225.7301 General. 

(a) The U.S. Government sells defense 

articles and services to foreign 

governments or international 

organizations through FMS agreements. 

The agreement is documented in a 

Letter of Offer and Acceptance (LOA) 

(see DoD 5105.38–M, Security 

Assistance Management Manual). 

(b) Conduct FMS acquisitions under 

the same acquisition and contract 

management procedures used for other 

defense acquisitions. 

(c) Follow the additional procedures 

at PGI 225.7301(c) for preparation of 

solicitations and contracts that include 

FMS requirements. 

(d) See 229.170 for policy on contracts 

financed under U.S. assistance programs 

that involve payment of foreign country 

value added taxes or customs duties. 

225.7302 Guidance. 

For guidance on the role of the 

contracting officer in FMS programs that 

will require an acquisition, see PGI 

225.7302. 

■ 24. Section 225.7303–2 is amended in 

paragraph (a)(3) by revising the 

introductory text to read as follows: 

225.7303–2 Cost of doing business with a 

foreign government or an international 

organization. 

(a) * * * 

(3) Offset costs (also see 225.7306). 

* * * * * 

225.7303–4 [Amended] 

■ 25. Section 225.7303–4 is amended in 

paragraph (b)(1) by revising the last 

parenthetical to read ‘‘(see 

225.7307(a))’’. 

225.7306 [Removed] 

■ 26. Section 225.7306 is removed. 

225.7307 and 225.7308 [Redesignated] 

■ 27. Sections 225.7307 and 225.7308 

are redesignated as sections 225.7306 

and 225.7307, respectively. 

■ 28. Newly designated section 

225.7306 is revised to read as follows: 

225.7306 Offset arrangements. 

In accordance with the Presidential 

policy statement of April 16, 1990, DoD 

does not encourage, enter into, or 

commit U.S. firms to FMS offset 

arrangements. The decision whether to 

engage in offsets, and the responsibility 

for negotiating and implementing offset 

arrangements, resides with the 

companies involved. (Also see 

225.7303–2(a)(3).) 

■ 29. Section 225.7501 is amended by 

revising paragraph (a)(2)(iii) to read as 

follows: 

225.7501 Policy. 

* * * * * 

(a) * * * 

73156 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 

(2) * * * 

(iii) A spare part for foreignmanufactured vehicles, equipment, 

machinery, or systems, provided the 

acquisition is restricted to the original 

manufacturer or its supplier; 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7027 and 252.225–7028 

[Amended] 

■ 30. Sections 252.225–7027 and 

252.225–7028 are amended in the 

introductory text by removing 

‘‘225.7308’’ and adding in its place 

‘‘225.7307’’. 

[FR Doc. 05–23721 Filed 12–8–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

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

172, 173, 174, 175, 176, 177, 178 and 

180 

[Docket No. PHMSA–2005–22208 (HM–240)] 

RIN 2137–AE12 

Hazardous Materials: Incorporation of 

Statutorily Mandated Revisions to the 

Hazardous Materials Regulations 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule revises 

terminology, definitions, and 

requirements for consistency with the 

Hazardous Materials Safety and Security 

Reauthorization Act of 2005. These 

amendments include revising the 

definitions of ‘‘hazmat employee’’ and 

‘‘hazmat employer;’’ revision of 

shipping paper retention requirements; 

providing a security plan exception for 

farmers; adding conditional 

applicability of postal laws and 

regulations; and replacement of 

‘‘Exemption’’ with ‘‘Special permit.’’

DATES: Effective date: January 9, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Cameron Satterthwaite or 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. 

SUPPLEMENTARY INFORMATION: 

List of Topics 

I. Background 

II. Summary of Issues 

A. Definitions of ‘‘hazmat employee’’ and 

‘‘hazmat employer’’

B. Revision of shipping paper retention 

requirements 

C. Security plan exception for farmers 

D. Applicability of postal laws and 

regulations 

E. Replacement of ‘‘Exemption’’ with 

‘‘Special permit’’

III. Regulatory Analysis 

A. Statutory/Legal Authority for This 

Rulemaking 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Unfunded Mandates Reform Act of 1995 

G. Paperwork Reduction Act 

H. Environmental Impact Analysis 

I. Regulation Identifier Number (RIN) 

I. Background 

Section 5103 of the Federal 

Hazardous Materials Transportation 

Law (Federal hazmat law; 49 U.S.C. 

5101 et seq.) authorizes the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA) to prescribe 

safety and security regulations for the 

transportation of hazardous materials in 

interstate, intrastate, and foreign 

commerce. The Hazardous Materials 

Safety and Security Reauthorization Act 

of 2005 (the Act; Title VII of Pub. L. 

109–59, 119 Stat. 1144 (August 10, 

2005)) amended Federal hazmat law by 

revising certain terminology, 

definitions, and requirements. This final 

rule revises the Hazardous Materials 

Regulations (HMR; 49 CFR parts 171–

180) and the hazardous materials 

program and rulemaking procedures in 

49 CFR parts 105, 106 and 107 to be 

consistent with changes mandated by 

the Act. 

Because these amendments are 

mandated and self-executing, 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 Title 49, 

Code of Federal Regulations. 

The following is a summary of the 

changes made in this final rule. 

II. Summary of Issues 

The Act mandates revisions to the 

following provisions of the HMR and 

the hazardous materials program and 

rulemaking procedures: 

A. Definitions of ‘‘hazmat employee’’ and 

‘‘hazmat employer’’

B. Revision of shipping paper retention 

requirements 

C. Security plan exception for farmers 

D. Applicability of postal laws and 

regulations 

E. Replacement of ‘‘Exemption’’ with 

‘‘Special permit’’

A. Definitions of ‘‘Hazmat Employee’’

and ‘‘Hazmat Employer’’

We are revising the definitions of 

‘‘hazmat employee’’ and ‘‘hazmat 

employer’’ in § 171.8 for consistency 

with editorial revisions adopted under 

the Act. We are revising the definitions 

of ‘‘hazmat employee’’ and ‘‘hazmat 

employer’’ to specify both of these 

definitions include self-employed 

individuals. Also, both definitions are 

revised to include persons that 

represent, mark, certify, or sell 

packaging components as qualified for 

use in transporting hazardous materials 

in commerce. In addition, the Act 

amends § 5107 of Federal hazmat law to 

mandate general awareness and safety 

training pursuant to § 172.704 of the 

HMR for railroad maintenance-of-way 

employees and railroad signalmen. 

Therefore, we are also revising the 

definition of ‘‘hazmat employee’’ to 

include railroad maintenance-of-way 

employees and railroad signalmen. To 

provide rail carriers with sufficient time 

to implement the new training 

requirements, we are requiring initial 

training for maintenance-of-way 

employees and railroad signalmen to be 

completed by October 1, 2006. 

Section 172.704 requires each hazmat 

employee to receive general awareness/ 

familiarization training, functionspecific training, safety training, and 

security awareness training. Functionspecific training is not necessary for 

railroad maintenance-of-way employees 

and railroad signalmen who do not 

perform functions specifically regulated 

under the HMR. Thus, we are revising 

§ 172.704(e) to provide an exception 

from function-specific training for such 

railroad maintenance-of-way employees 

and railroad signalmen. We are also 

excepting railroad maintenance-of-way 

employees and railroad signalmen from 

the requirement in § 172.704(a)(4) for 

security awareness training because 

such training is not mandated under the 

Act. However, we may consider 

requiring such training for railroad 

maintenance-of-way employees and 

railroad signalmen in a future 

rulemaking. 

B. Revision of Shipping Paper Retention 

Requirements 

Under the HMR, each person who 

provides a shipping paper must retain a 

copy of the shipping paper for 375 days 

after the hazardous material is accepted 

by the initial carrier. Each carrier must