27166 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 171, 172, 173, 176, 177,

178, and 180

[Docket HM–222B; Amdt. Nos. 171–145,

172–149, 173–253, 176–40, 177–87, 178–116,

and 180–9]

RIN 2137–AC76

Revision of Miscellaneous Hazardous

Materials Regulations; Regulatory

Review

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: RSPA is amending the

Hazardous Materials Regulations (HMR)

based on its review of the HMR and on

written and oral comments received

from the public concerning regulatory

reform. The intended effect of this

rulemaking is to reduce unnecessary

regulatory burdens on industry and

make the regulations shorter and easier

to use without compromising public

safety. In particular, RSPA is reducing

the requirements pertaining to training

frequency, incident reporting, and

emergency response telephone numbers.

This action is in response to President

Clinton’s March 4, 1995 memorandum

to heads of departments and agencies

calling for a review of all agency

regulations.

DATES: Effective date. October 1, 1996.

Compliance date. Immediate

compliance is authorized.

Incorporation by reference. The

incorporation by reference of a

publication listed in this amendment is

approved by the Director of the Federal

Register as of October 1, 1996.

FOR FURTHER INFORMATION CONTACT: John

A. Gale, (202) 366–8553; Office of

Hazardous Materials Standards, or Karin

V. Christian, (202) 366–4400, Office of

the Chief Counsel, RSPA, Department of

Transportation, Washington, DC 20590–

0001.

SUPPLEMENTARY INFORMATION:

I. Background

On March 4, 1995, President Clinton

issued a memorandum to heads of

departments and agencies calling for a

review of all agency regulations and

elimination or revision of those

regulations that are outdated or in need

of reform. In response to the President’s

directive, RSPA performed an extensive

review of the Hazardous Materials

Regulations (HMR; 49 CFR Parts 171–

180) and associated procedural rules (49

CFR Parts 106 and 107).

The President also directed that front

line regulators ‘‘* * * get out of

Washington and create grassroots

partnerships’’ with people affected by

agency regulations. On April 4, 1995,

RSPA published in the Federal Register

(60 FR 17049) a notice announcing

seven public meetings and requesting

comments on its hazardous materials

safety program. RSPA requested

comments on ways to improve the HMR

and the kind and quality of services its

customers want. RSPA received over 50

written comments in response to the

notice. On July 28, 1995, RSPA

published a second notice (60 FR 38888)

announcing five more public meetings

that were held between September 1995

and January 1996.

On February 20, 1996, RSPA

published a Notice of Proposed

Rulemaking (NPRM) (61 FR 6478) under

Docket HM–222B that proposed to

amend various sections of the HMR

based on agency initiative and on

written and oral comments received

from the public on regulatory reform. In

particular, RSPA proposed to reduce the

requirements pertaining to training

frequency, incident reporting, and

emergency response telephone numbers.

II. Summary of Amendments

RSPA received approximately 90

comments to the NPRM. Most of the

comments supported the proposals and

requested that RSPA adopt them as soon

as possible. The commenters, including

many small businesses, stated that they

would benefit directly from the

adoption of the proposal in Docket HM–

222B without any reduction of safety.

Several commenters commended

RSPA’s commitment to effecting

meaningful regulatory reform. Some

commenters, however, did raise

concerns about the impact on safety if

these proposals were adopted.

Commenters also raised issues that were

beyond the scope of the proposed rule;

however, these issues may be

considered in future rulemakings.

RSPA believes that the amendments

adopted in this final rule strike a

balance between safety and costs

imposed on the regulated community.

RSPA does not believe that the result of

the amendments in this final rule will

be a decrease in safety to the public or

the environment.

Part 171

Section 171.16. In the NPRM, RSPA

proposed, except for materials

transported by aircraft, to except limited

quantities of Packing Group II and III

materials from the incident reporting

requirements in § 171.16. RSPA stated

in the NPRM that continued reporting of

certain incidents involving limited

quantities would be of minimal value

when weighed against the burden on the

carriers required to prepare incident

reports.

RSPA received a number of comments

on the proposal to revise the incident

reporting requirements. Most of the

commenters supported the proposal and

cited the cost savings to the regulated

community without any decrease in

safety. Some commenters did not agree

with the proposal and stated that large

numbers of limited quantity packages

could cause a serious incident to occur.

Others requested that the proposal be

modified to except only that material

which can be controlled in the

immediate release area. RSPA believes

that the continued reporting of incidents

involving these materials is of minimal

value when weighed against the burden

placed on carriers who are required to

prepare and submit incident reports. In

addition, if a large number of limited

quantity packages causes a serious

incident to occur that meets a criterion

in § 171.15, a written report is still

required. Therefore, RSPA is adopting

this amendment as proposed.

Part 172

Section 172.101. As proposed, RSPA

is amending the § 172.101 Table for the

entries ‘‘Cartridges for weapons, blank,

or Cartridges, small arms, blank, UN

0014’’; ‘‘Cartridges for weapons, inert

projectile, or Cartridges, small arms,

UN0012’’; ‘‘Cartridges, power device,

UN0323’’; and ‘‘Cartridges, small arms’’,

in Column (7), by removing the

reference ‘‘112’’. Also for these entries,

in Column (8A) of the § 172.101 Table,

the word ‘‘None’’ or ‘‘230’’, as

appropriate, is removed and replaced

with ‘‘63’’. The provisions to reclass an

explosive as an ORM-D material,

currently contained in Special Provision

112 and in § 173.230(b), are relocated to

§ 173.63(b) to minimize confusion.

RSPA is also amending, as proposed,

Column (7) of the § 172.101 Table for

the entry ‘‘Ethanol or Ethyl alcohol or

Ethanol solutions or Ethyl alcohol

solutions’’ by adding Special Provision

‘‘24’’ to allow ethanol the same packing

group criteria as alcoholic beverages.

In this final rule, RSPA is also making

some minor changes to the headings of

some of the columns of the Hazardous

Materials Table. The headings for

columns (8), (8B) and (8C) are revised to

read ‘‘Packaging (§ 173.***)’’,

‘‘Nonbulk’’, and ‘‘Bulk’’, respectively.

The headings for column (9A), (10),

(10A) and (10B) are revised to read

‘‘Passenger aircraft/rail’’, ‘‘Vessel;

Stowage’’, ‘‘Location’’, and ‘‘Other’’,

respectively. These changes will make
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations 27167

the headings more descriptive of the

referenced requirements therein and

will also decrease the size of the

Hazardous Materials Table.

Section 172.102. As proposed, RSPA

is removing Special Provision 112.

Section 172.201. As proposed, RSPA

is amending § 172.201(d) by adding a

cross-reference to § 172.604(c).

Sections 171.11, 172.203 and 172.324.

Currently, all constituents in a mixture

or solution that meet the definition of

‘‘hazardous substance’’ in § 171.8 must

be identified on shipping papers and

package markings. In the NPRM, RSPA

proposed to require that at least two

hazardous substances be identified on

shipping papers and package markings

for hazardous materials containing two

or more hazardous substances. This

proposal is consistent with the technical

name requirements in § 172.203(k).

RSPA received several comments in

support of this proposed change.

Commenters stated these changes would

facilitate overall compliance. Some

commenters who supported the

proposal requested that RSPA provide

guidance on which hazardous

substances should be identified. A

commenter opposed to the change

stated that the Environmental Protection

Agency (EPA) requires that persons who

have custody of hazardous substances

report the release of every constituent

hazardous substance for these materials.

RSPA does not believe that requiring

only two constituent hazardous

substances to be identified on shipping

papers and package markings will cause

persons to be in violation of the EPA’s

reporting requirements in 40 CFR 302.6.

However, in response to the comments,

RSPA is not adopting the rule as

proposed but is modifying the proposal

to require identification of those

hazardous substances with the lowest

reportable quantities (RQ). For release of

mixtures or solutions, including

hazardous wastes, where the amount of

the mixture or solution is unknown, a

person is required under 40 CFR 302.6,

to report to the National Response

Center (NRC) when the amount of the

mixture or solution equals or exceeds

the lowest RQ. Therefore, if the two

materials with the lowest RQs are

identified, a carrier will have sufficient

information to satisfy the reporting

requirements of the EPA under 40 CFR

302.6. In addition, RSPA is revising

§ 171.11(d)(1) to be consistent with the

changes in §§ 172.203 and 172.324.

RSPA also proposed to remove

paragraph (e)(3) to eliminate the

requirement to include the statement

‘‘RESIDUE: Last Contained * * *’’ on

shipping papers for a shipping

description of packages containing only

the residue of a hazardous substance.

Many commenters misunderstood the

proposal as also removing the

requirement to enter the statement

‘‘RESIDUE: Last Contained * * *’’

before the shipping description for a

tank car which contains the residue of

a hazardous substance. This is not the

case. The shipping description for a

tank car that contains the residue of a

hazardous material, including a

hazardous substance, is required by

§ 172.203(e)(2) to be prefaced with the

statement ‘‘RESIDUE: Last Contained

* * *’’. The removal of § 172.203(e)(3)

eliminates the requirement to preface

the shipping description of a residue of

a hazardous substance in a package

other than a tank car (e.g., drum or cargo

tank) with the statement ‘‘RESIDUE:

Last Contained * * *.’’

Section 172.316. Based on a comment

received under Docket HM–222, RSPA

proposed to modify § 172.316 to allow

the CLASS 9 label in place of the ORM–

D marking on packages of consumer

commodities. RSPA received only two

comments on this proposal, both

opposing it. One of the comments was

submitted by the commenter who had

suggested the revision. Since the

commenter originally requesting the

revision believes the change would

cause unnecessary confusion and would

require the retraining of numerous

employees with minimal benefit, RSPA

is not adopting the proposal to allow the

CLASS 9 label in place of the ORM–D

marking.

Section 172.402. As proposed, RSPA

is revising § 172.402 by adding an

exception from the requirement for

subsidiary hazard labeling for certain

packages of Class 7 (radioactive)

materials that also meet the definition of

another hazard class, except Class 9.

These Class 7 materials conform to all

requirements in § 173.4, except for their

specific activity level, which exceeds

permissible limits for a limited quantity

radioactive material.

Section 172.500. As proposed, RSPA

is amending this section by adding a

new paragraph (b)(4) to clarify that

small quantities of hazardous materials

prepared in accordance with § 173.13

are excepted from the placarding

requirements of Subpart F of Part 172.

Section 172.600. As proposed, RSPA

is excepting all ORM–D material from

the emergency response information

and telephone number requirements of

Subpart G of Part 172, even when

offered for transportation or transported

by aircraft.

Section 172.604. Based on its own

initiative and petitions for rulemaking,

and because of the belief that the costs

to implement these requirements

outweigh the benefits, RSPA proposed

to except the following materials from

emergency response telephone number

requirements: (1) Liquid petroleum

distillate fuels (e.g., gasoline, propane,

and diesel fuel); (2) limited quantities of

hazardous materials; and (3) materials

described under the shipping names

‘‘Engines, internal combustion’’;

‘‘Battery powered equipment’’; ‘‘Battery

powered vehicle’’; ‘‘Wheelchair,

electric’’; ‘‘Carbon dioxide, solid’’; ‘‘Dry

ice’’; ‘‘Fish meal, stabilized’’; ‘‘Fish

scrap, stabilized’’; ‘‘Castor bean’’;

‘‘Castor meal’’; ‘‘Castor flake’’; ‘‘Castor

pomace’’; and ‘‘Refrigerating machine’’.

RSPA received numerous comments

opposing the proposal to except liquid

petroleum distillate fuels from the 24-

hour emergency response telephone

number requirement. Commenters

opposing the proposed exception

included: emergency responders,

petroleum transporters, trade

associations, State and local agencies,

environmental contractors and

consultants, and a railroad association.

These commenters stated that the

benefits of retaining the 24-hour

telephone number for liquid petroleum

distillate fuels outweigh the costs.

Commenters stated that the 24-hour

telephone number enables emergency

responders to immediately contact the

parties involved to arrange for clean-up

of a spill. A commenter stated that

information on the composition of a

particular gasoline may be available

only from the shipper through the

emergency response telephone number.

Other commenters stated that many

gasolines contain ethyl alcohol, methyl

alcohol or other oxygenating

components that traditional firefighting

foams are considerably less effective on

than are alcohol foams. Commenters

also stated that many small fire

departments have never handled a

major spill involving large volumes of

gasoline or propane. The commenters

stated that responders need every

resource available to them in the event

of a hazardous materials spill.

RSPA received several comments

from businesses and trade organizations

in favor of the proposal to except liquid

petroleum distillate fuels from the 24-

hour emergency response telephone

number requirement. The commenters

agreed with RSPA’s statement in the

NPRM that emergency responders

routinely handle incidents involving

liquid petroleum distillate fuels and that

it is questionable whether the 24-hour

emergency response telephone number

could provide emergency responders

with any additional information of

value beyond that which is required to

be carried in the vehicle.
27168 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations

RSPA received few comments on the

proposal to except limited quantities,

and other miscellaneous materials, from

the 24-hour telephone number

requirement. Those in favor of the

proposal cited the high costs associated

with providing an emergency response

telephone number against the minimal

hazards associated with such small

quantities of material. One commenter

stated that the exception for the

emergency response telephone number

for hazardous materials in limited

quantities will provide the regulated

community with significant relief while

not sacrificing safety. Those opposing

the proposal stated that since limited

quantities of materials are already

excepted from other hazard

communication requirements, e.g.,

labeling, that emergency responders are

already hampered when responding to

an incident involving these materials

and that excepting them from the

emergency response telephone number

would only create more problems for

responders.

RSPA believes that providing

emergency response information to

emergency responders is an important

aspect of its hazardous materials safety

program. Emergency response

information enhances communication

pertaining to the safe handling and

identification of hazardous materials

involved in transportation incidents.

The intent of the NPRM was to relax the

emergency response information

requirements for those materials where

the costs to maintain the information

were believed to outweigh the benefits

derived from providing the information.

Based on the comments received

opposing the proposal to except liquid

petroleum distillate fuels from the 24-

hour emergency response telephone

number requirement, RSPA has decided

not to adopt the proposed exception for

liquid petroleum distillate fuels.

Commenters stated that the costs to

maintain the 24-hour emergency

response telephone number for liquid

petroleum distillate fuels do not

outweigh the benefits and, therefore, the

requirement should be retained. As

expressed by one commenter, a propane

distributor who would have directly

benefited from the exception, the cost to

maintain a 24-hour emergency

telephone number is minimal and the

cost poses no real financial burden,

especially considering the safety of

emergency response personnel, the

public, and the environment.

With regard to the proposed exception

for limited quantities, consumer

commodities transported by aircraft,

and other miscellaneous materials,

RSPA continues to believe that the costs

to maintain a 24-hour emergency

response telephone number outweigh

the benefits of providing the

information for millions of small

shipments. However, RSPA believes

that the impact on air transportation

safety of excepting ‘‘Mercury contained

in manufactured articles’’ from the 24-

hour emergency response telephone

number requirement requires further

study. Therefore, except for ‘‘Mercury

contained in manufactured articles’’,

RSPA is adopting an exception from the

emergency response telephone number

requirements of § 172.604 for limited

quantities, consumer commodities

transported by aircraft, and other

miscellaneous materials.

Based on its own initiative, RSPA

proposed to clarify that more than one

emergency response telephone number

with different hours of operation may be

used to satisfy the requirements of

§ 172.604. RSPA received numerous

comments both in support of and

against the proposed clarification. RSPA

believes that the issues raised by the

commenters need further review and

will finalize its decision on this

proposal in a future rulemaking.

Therefore, in the interim, multiple

emergency response phone numbers are

authorized on a shipping paper if the

requirements of § 172.604 are met.

Sections 172.702 and 172.704. RSPA

stated in the notice of public meetings

under Docket HM–222 (60 FR 17049)

that it would consider extending the

requirement for recurrent training from

every two years to every three or four

years. RSPA received numerous written

and oral comments in support of

decreasing the frequency specified to

retrain hazmat employees in accordance

with Subpart H of Part 172. In the

NPRM, RSPA proposed to decrease the

frequency of recurrent hazmat training

from two years to three years. RSPA

stated that this frequency is consistent

with other training programs, such as

the training required under the

Transportation of Dangerous Goods

Regulations issued by the government of

Canada.

RSPA received numerous comments

in support of this proposal and many

comments in opposition. Commenters

supporting the proposal included:

shippers, carriers, safety and trade

associations, oil and petrochemical

companies and associations, a railroad

association. Some commenters

requested that RSPA extend the training

to every four years. The commenters

stated that the amendment would

significantly reduce costs to the

regulated community without any

decrease in safety. Commenters who

supported the proposal to extend the

training frequency requirements to

every three years stated that the change

would allow hazmat employers to

provide for more cost-effective training

of hazmat employees, since training

times could be better coordinated to

accommodate employee work schedules

and varying business cycles. Some

commenters who supported the

proposal stated that extending the

training frequency is consistent with

other regulatory requirements (e.g.,

Canadian regulations). One commenter

noted that, although international

regulations require training on a twoyear cycle, inclusion of the phrase ‘‘at

least’’ enables persons involved in

international transportation to comply

with both requirements without any

conflict or confusion. Commenters also

stated that if RSPA adopts a change to

the training frequency requirements,

then a corresponding change to the

recordkeeping requirements is also

necessary.

Those commenters who opposed the

proposed change in training frequency

included: trade and service associations,

training and consulting organizations,

shippers and carriers, and emergency

response organizations. These

commenters stated that the proposal to

increase the training frequency would

have a detrimental impact on safety.

Some commenters also stated that the

proposal will diminish the apparent

importance of the DOT program in the

eyes of employees and supervisors.

RSPA believes that one of the most

important regulatory requirements in

the HMR is its training requirement.

Proper training increases a hazmat

employee’s awareness of safety

considerations involved in the loading,

unloading, handling, storing, and

transportation of hazardous materials.

An effective training program reduces

hazardous materials incidents resulting

from human error and mitigates the

effects of incidents when they occur.

The importance of RSPA’s training

requirements is not diminished by a

decrease in the frequency of training

from two to three years. However, RSPA

is not adopting commenter suggestions

to extend the training frequency to every

four years. The adoption of a three-year

interval for training frequency strikes a

balance between an effective training

program and the costs that are imposed

on the regulated community. Therefore,

RSPA is revising the training frequency

for hazmat employees from every two

years to every three years. In addition,

as requested by commenters, RSPA is

adjusting the recordkeeping

requirements for training records to

specify that training records be retained

for three years.
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations 27169

In the preamble to the NPRM, RSPA

stated: ‘‘Except as provided in

§ 172.704(c), hazmat employees must be

trained whenever their hazmat

functions change or the requirements

are revised, regardless of the minimally

required training frequency.’’ A number

of commenters were concerned with

this statement because they did not see

any corresponding proposed change to

the HMR. Some commenters also

expressed concern with the statement

that hazmat employees must be

retrained every time a change to the

HMR is adopted because it could

require retraining several times a year.

Section 172.702 (Subpart H) states

that any person who performs a

function subject to the HMR may not

perform that function unless trained in

accordance with the requirements

prescribed in the subpart. In addition, a

hazmat employer must insure that each

hazmat employee is thoroughly

instructed in the requirements that

apply to functions performed by that

employee. If a new regulation is

adopted, or an existing regulation is

changed, that relates to a function

performed by a hazmat employee, that

hazmat employee must be instructed in

those new or revised function specific

requirements without regard to the

timing of the three year training cycle.

It is not necessary to completely retrain

the employee sooner than the required

three year cycle. The only instruction

required is that necessary to assure

knowledge of the new or revised

regulatory requirement. For example, if

a new requirement is added to the

shipping paper requirements, a hazmat

employee must be instructed regarding

the new requirement prior to

performance of a function affected by

the new or revised rule. It is not

necessary to test the hazmat employee,

or retain records of the instruction

provided in the new or revised

requirements until the next scheduled

retraining at or within the three year

cycle. In order to clarify the training

requirements of the HMR, RSPA is

revising § 172.702(b) to state that an

employee must be instructed in the

requirements of the HMR that apply to

each function performed by the

employee without a reference to the

requirements of subpart H (e.g., the

training, testing and recordkeeping

requirements of § 172.704). This

amendment makes it clear that RSPA

does not intend that millions of detailed

records be created and retained and

associated testing be conducted each

time a hazmat employee is instructed in

regard to a change in the regulations

within the three year cycle. Consistent

with this amendment, RSPA is also

revising § 172.704(d) to clarify that only

records of the training required by

§ 172.704, and not the subpart, are

required to be maintained. In addition,

as proposed, RSPA is adding a reference

in § 172.702(b) to the exception

provided in § 172.704 for employees

employed less than 90-days.

RSPA proposed to revise § 172.704(c)

to clarify its position concerning the

‘‘direct’’ supervision of a hazmat

employee who has not received initial

training. RSPA is adopting the

amendment, as proposed in the NPRM,

to add the word ‘‘direct’’ preceding the

word ‘‘supervision’’ in § 172.704(c)(1).

RSPA requires that the person providing

direct supervision must be able to

instruct the employee on how to

properly perform the hazmat function,

must observe performance of the hazmat

function, and must be able to take

immediate corrective actions in regard

to any function not performed in

conformance with the HMR.

Part 173

Section 173.4. As proposed, RSPA is

revising the HMR to permit Division 4.2

and 4.3 materials and hazardous

materials identified in paragraph (a)(11)

to be shipped under the small quantity

provisions. RSPA is also adding a new

paragraph (c) to allow small quantities

of certain categories of hazardous

materials not authorized under this

exception to be shipped in accordance

with this section if specifically

approved by the Associate

Administrator for Hazardous Materials

Safety. RSPA is also revising the

marking requirements in paragraph

(a)(10). These changes to § 173.4 are

intended to ease burdens on industry

and facilitate international

transportation of hazardous materials in

very small quantities. RSPA received

several comments in support of these

amendments. One commenter requested

that RSPA continue to authorize the

previously required marking. RSPA

agrees and has modified the amendment

to authorize the previously required

marking for an additional five years.

Section 173.13. In the NPRM, RSPA

proposed to add a new § 173.13 that

incorporates, for highway and rail

transport only, the provisions of DOT

exemptions E–7891 and E–9168 into the

HMR. These exemptions, and others

commonly referred to as the ‘‘poison

pack’’ exemptions, allow small

quantities of hazardous materials in

special packagings of high integrity to

be transported without their primary or

subsidiary labels. In addition, RSPA

proposed to except these materials from

the placarding and segregation

requirements of the HMR.

RSPA received several comments on

this issue in support of adopting these

exemptions into the HMR, but the

commenters also requested further

clarification. Two commenters noted

that one of the inner packagings

required by the exemptions was not

included in the proposed new section.

Commenters also requested that the

section be broadened to include air

transport and materials poisonous by

inhalation, as presently authorized in

the exemptions. Commenters also

requested that the term ‘‘rigid can’’ be

clarified and that all affected

exemptions be identified.

Commenters who opposed adoption

of this new section were concerned

about the loss of controls that are

provided under an exemption. In

addition, commenters were concerned

that there would be no clear

identification on the package that the

package is being offered for

transportation or transported under the

provisions of § 173.13.

RSPA believes that the safety record

of the ‘‘poison pack’’ exemption

packagings over the years has shown

that they are acceptable for inclusion in

the HMR. However, several points of

clarification and revision to the

proposal are necessary. First, RSPA is

extending the application of § 173.13 to

permit transportation by cargo aircraft.

RSPA will continue to monitor the

transportation of these packages with

materials poisonous by inhalation and

by passenger carrying aircraft under the

terms of the exemption, and therefore, is

not extending the application of the new

section to cover these operations. These

operations can continue under the

applicable exemptions. RSPA is also

requiring another level of inner

packaging to be consistent with the

exemptions. In order to clarify the term

‘‘rigid can’’, RSPA is changing the term

to ‘‘metal can.’’

RSPA agrees with commenters who

were concerned that packages prepared

in accordance with § 173.13 would not

be readily identifiable in transportation.

Therefore, RSPA is adopting in this final

rule a marking requirement similar to

that required for small quantities

prepared in accordance with § 173.4.

Packages prepared in accordance with

§ 173.13 must be marked, in association

with the proper shipping name, with the

following statement: ‘‘This package

conforms to 49 CFR 173.13.’’

One commenter was concerned that

no specific exception from the

segregation requirements was proposed

in the section, as is provided in the

exemptions. RSPA notes that the
27170 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations

segregation requirements of the HMR

are based on package labels. Therefore,

materials that are excepted from the

labeling requirements of the HMR are

also excepted from the segregation

requirements of the HMR. For

clarification, RSPA is revising

§§ 172.500 and 173.13 to note that

packages conforming to the

requirements in § 173.13 are excepted

from the placarding requirements of the

HMR.

Commenters requested that RSPA

identify all of the exemptions

potentially affected by the adoption of

§ 173.13. Those exemptions are DOT E–

7891, 7909, 8249, 9168, 10672, 10755,

10891, 10962, and 10977.

Section 173.21. In the NPRM, RSPA

proposed to incorporate into § 173.21

the provisions of a competent authority

approval for temperature-controlled

shipments. RSPA received several

comments in support of the proposal,

but commenters also requested changes

to the section. One commenter noted

that no specific reference to cargo tanks

or portable tanks was made in the

proposed section and questioned

whether they were included. Section

173.21(f)(3) does not authorize

packagings, but provides methods of

stabilization that are authorized by the

Associate Administrator for Hazardous

Materials Safety. Therefore, cargo tanks

or portable tanks are not excluded from

the provisions of § 173.21(f)(3).

Several commenters requested that

§ 173.21(f)(3)(i)(B), which requires the

temperature of the material to be

measured and entered on a written

record at the time the material is filled,

only apply to bulk packagings and not

to all packagings. The commenters

stated that measuring and recording the

temperature of every small, individual

package as it is filled is an unnecessary

burden that would do nothing to

enhance transportation safety. RSPA

believes that measuring and recording

the temperature of the packaging prior

to transport is an important part of the

approved stabilization process.

However, RSPA is revising

§ 173.21(f)(3)(i)(B) to require

determination of the temperature of the

package, by appropriate means, at the

time it is loaded into the transport

vehicle, not when the package is filled.

This should eliminate the unnecessary

measurement of packages that are in

storage and not in transportation.

Section 173.32a. As proposed, RSPA

is removing the requirement that an

approval agency submit an approval

certificate to the Associate

Administrator for Hazardous Materials

Safety.

Section 173.155. RSPA is amending

this section as proposed.

Section 173.171. Sections 173.171 and

177.838(g) prescribe requirements for

smokeless powder for small arms.

However, § 177.838(g) provides

additional relief by allowing inside

packages of smokeless powder to be

overpacked in UN 4G boxes, provided

the net weight of smokeless powder in

any one box does not exceed 7.26 kg (16

pounds). This provision is not

contained in § 173.171. Therefore, as

proposed, RSPA is removing the

§ 177.838(g) provisions pertaining to

classification and packaging, and adding

the provision concerning smokeless

powder in overpacks to § 173.171. In

addition, as proposed, RSPA is

broadening the exception for

reclassification of smokeless powder to

Division 4.1 to include transportation by

vessel and cargo aircraft. RSPA received

two comments on this proposal. One

commenter agreed with the proposal but

requested that there be no limit on the

amount of material authorized per

transport vehicle. In the NPRM, RSPA

proposed to extend the application of an

existing section, i.e., § 173.171, to other

modes of transport, but the amount of

material authorized per transport

vehicle was not proposed for

amendment. RSPA believes that the

§ 173.171 100-pound limitation on

smokeless powder, reclassed as a

Division 4.1 material, per transport

vehicle is necessary to retain the level

of safety that has been maintained for

the last several years in the highway and

rail modes. One of the major arguments

submitted in support of the original

regulatory provision was that the 100-

pound limit would preclude a major

conflagration should these materials

become involved in cargo fires.

Therefore, RSPA has not adopted the

commenter’s request to eliminate the

100-pound weight limitation. Another

commenter objected to RSPA extending

this reclassification to transportation by

aircraft because of its potential

explosive hazards. This provision is

consistent with an exemption (DOT E–

9997) that was issued in 1988. Based on

the successful experience under this

exemption, RSPA believes there is no

basis for the suggestion that the

reclassification of smokeless powder for

small arms to Division 4.1, under

special testing and approval procedures

would provide an unacceptable level of

safety in air transportation. Therefore,

RSPA is extending the applicability of

§ 173.171 to transportation by cargo

aircraft.

Section 173.220. RSPA is amending

this section as proposed.

Section 173.230. RSPA is amending

this section as proposed.

Section 173.435. In § 173.435, RSPA

is amending the Table of A1 and A2

values by adding an entry for MFP

(mixed fission products). This entry was

inadvertently left off the table under

Docket HM–169A (61 FR 20747).

Part 176

Section 176.104. RSPA is amending

this section as proposed.

Part 177

Section 177.801. RSPA is amending

this section as proposed.

Section 177.818. RSPA is removing

this section as proposed.

Section 177.821. RSPA is removing

this section as proposed.

Section 177.822. RSPA is removing

this section as proposed.

Sections 177.824, 177.834, and

180.407. In the NPRM, RSPA proposed

to remove §§ 177.824 and 177.834(j)

because they duplicate other HMR

provisions. RSPA proposed removing

§ 177.834(b) because RSPA is not aware

of any hazardous material that is

transported on pole trailers. RSPA also

proposed to add a new § 177.834(j)

consolidating the provisions of

§§ 177.837(d), 177.839(d), and

177.841(d) that require manholes and

valves on cargo tanks to be closed prior

to transportation.

RSPA received several comments in

support of these proposals. One

commenter requested that RSPA not

delete § 177.824 because it would

eliminate the responsibility of a motor

carrier who is transporting another

party’s cargo tank from satisfying the

inspection and retesting requirements of

Part 180. RSPA agrees with the

commenter; however, rather than

retaining § 177.824, RSPA is removing it

and revising § 180.407 to make it clear

that a cargo tank may not be transported

unless it conforms to the retest

requirements of Part 180. Otherwise,

RSPA is adopting these amendments as

proposed.

Section 177.835. RSPA is removing

paragraphs (k), (l), and (m) as proposed.

Section 177.838. RSPA is amending

this section as proposed.

Section 177.839. In the NPRM, RSPA

proposed to revise paragraph (a) by

limiting the applicability of the

paragraph to nitric acid in

concentrations of 50 percent or greater.

In addition, RSPA proposed removing

the paragraph (a) restriction on stacking

containers of nitric acid higher than two

tiers and all of paragraph (b) because

they are outdated and unnecessary.

RSPA received one comment that

supported the proposed amendments to
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations 27171

§ 177.839 but requested clarification of

the term ‘‘other material’’ as used in the

section. The term ‘‘other material’’ refers

to any other kind of material, including

nonhazardous materials. Therefore,

RSPA has adopted the amendments as

proposed.

Section 177.841. As proposed, RSPA

is amending § 177.841, consistent with

§ 175.630, to authorize the transport of

foodstuffs and poisons in the same

motor vehicle when loaded into

separate closed unit load devices. In

addition, RSPA is removing the

provision allowing use of the container

identified as package ‘‘4000’’ in the

National Motor Freight Classification

100–1, for the transport of foodstuffs

and poisons on the same motor vehicle.

RSPA believes that this container has

not been used for some time and,

therefore, reference to it is unnecessary.

RSPA received several comments in

support of this proposal. In addition,

one commenter requested that RSPA

authorize any Division 6.1 material,

except materials poisonous by

inhalation, to be transported with food

grade material provided both materials

are appropriately packaged in

performance-oriented containers. RSPA

believes this request to be beyond the

scope of this rulemaking and has not

adopted this commenter’s request.

Section 177.848. RSPA is amending

this section as proposed.

Part 178

Section 178.315. In the NPRM, RSPA

proposed removing the Specification

MC200 requirements from the HMR

because RSPA believes that this

container is no longer utilized in

hazardous materials service. RSPA

received one comment on this proposal

stating that the commenter was unaware

of any person using the DOT

Specification MC200. Therefore, as

proposed, RSPA is removing the

Specification MC200 requirements from

the HMR.

III. Regulatory Analyses and Notices

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 was not reviewed by the Office of

Management and Budget. The rule is not

considered significant under the

regulatory policies and procedures of

the Department of Transportation (44 FR

11034). The economic impact of this

rule is so minimal that the preparation

of a regulatory evaluation is not

warranted.

Executive Order 12612

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612 (‘‘Federalism’’). The Federal

hazardous materials transportation law

(49 U.S.C. 5101–5127) contains an

express preemption provision that

preempts State, local, and Indian tribe

requirements on certain covered

subjects. Covered subjects are:

(i) the designation, description, and

classification of hazardous material;

(ii) the packing, repacking, handling,

labeling, marking, and placarding of

hazardous material;

(iii) the preparation, execution, and

use of shipping documents pertaining to

hazardous material and requirements

respecting the number, content, and

placement of such documents;

(iv) the written notification,

recording, and reporting of the

unintentional release in transportation

of hazardous material; or

(v) the design, manufacturing,

fabrication, marking, maintenance,

reconditioning, repairing, or testing of a

package or container which is

represented, marked, certified, or sold

as qualified for use in the transportation

of hazardous material.

Title 49 U.S.C. 5125(b)(2) provides

that if DOT issues a regulation

concerning any of the covered subjects

after November 16, 1990, DOT must

determine and publish in the Federal

Register the effective date of Federal

preemption. That effective date may not

be earlier than the 90th day following

the date of issuance of the final rule and

not later than two years after the date of

issuance. This final rule clarifies and

provides relief from certain regulations

governing the transportation of

hazardous materials. RSPA has

determined the effective date of Federal

preemption for these requirements is

October 1, 1996. Because RSPA lacks

discretion in this area, preparation of a

federalism assessment is not warranted.

Regulatory Flexibility Act

I certify that this final rule will not

have a significant economic impact on

a substantial number of small entities.

This final rule does not impose any new

requirements on persons subject to the

HMR.

Paperwork Reduction Act

Information collection requirements

subject to approval by the Office of

Management and Budget (OMB) are

addressed in this final rule in § 171.16

for incident reporting (OMB control

number 2137–0039) and subpart C of

part 172 and § 172.604 for shipping

papers (OMB control number 2137–

0034). Provisions in this final rule will

result in minor reduction in information

collection burdens under both

approvals. RSPA is requesting

reinstatement and revision of OMB

control number 2137–0039 from OMB

and will display, through publication in

the Federal Register, the control

number when it is approved by OMB.

Public comment on this request was

invited through publication of a Federal

Register notice on March 5, 1996 (61 FR

8706). OMB control number 2173–0034

is currently approved and the change in

burden is not sufficient to warrant

revision of the approval. Under the

Paperwork Reduction Act of 1995, no

person generally is required to respond

to a requirement for collection of

information unless the requirement

displays a valid OMB control number.

Regulation Identifier Number (RIN)

A regulation identifier number (RIN)

is assigned to each regulatory action

listed in the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number contained in the

heading of this document can be used

to cross-reference this action with the

Unified Agenda.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials

transportation, Hazardous waste,

Imports, Incorporation by reference,

Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation,

Hazardous waste, Labeling, Marking,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 173

Hazardous materials transportation,

Incorporation by reference, 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.
27172 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations

49 CFR Part 178

Hazardous materials transportation,

Packaging and containers, Reporting

and recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation,

Motor carriers, Motor vehicle safety,

Packaging and containers, Reporting

and recordkeeping requirements.

In consideration of the foregoing, 49

CFR parts 171, 172, 173, 176, 177, 178,

and 180 are amended as follows:

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171

continues to read as follows:

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

1.53.

§ 171.7 [Amended]

1a. In § 171.7(a)(3), in the table, the

entry ‘‘International Maritime

Dangerous Goods (IMDG) Code, 1990

Consolidated Edition, as amended by

Amendment 27 (1994) (English

edition)’’, in column 2, the reference

‘‘173.21;’’ is added in appropriate

numerical order.

1b. In § 171.11, paragraph (d)(1) is

revised to read as follows:

§ 171.11 Use of ICAO Technical

Instructions.

* * * * *

(d) * * *

(1) For a material that meets the

definition of a hazardous substance as

defined in this subchapter, the shipping

paper and package markings must

conform to the provisions in

§ 172.203(c) and 172.324, respectively,

of this subchapter.

* * * * *

2. In § 171.16, paragraph (c) is revised,

paragraph (d)(2) is amended by

removing the word ‘‘nor’’ at the end of

the paragraph, paragraph (d)(3) is

redesignated as paragraph (d)(4), and a

new paragraph (d)(3) is added to read as

follows:

§ 171.16 Detailed hazardous materials

incident reports.

* * * * *

(c) Except as provided in paragraph

(d) of this section, the requirements of

paragraph (a) of this section do not

apply to incidents involving the

unintentional release of a hazardous

material—

(1) Transported under one of the

following proper shipping names:

(i) Consumer commodity.

(ii) Battery, electric storage, wet, filled

with acid or alkali.

(iii) Paint and paint related material

when shipped in a packaging of five

gallons or less.

(2) Prepared and transported as a

limited quantity shipment in

accordance with this subchapter.

(d) * * *

(3) Except for consumer commodities,

materials in Packing Group I; or

* * * * *

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

3. The authority citation for part 172

continues to read as follows:

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

1.53.

§ 172.101 [Amended]

4. In the § 172.101 Hazardous

Materials Table, the following

amendments are made:

a. The headings for columns (8),

(8B),(8C), (9A), (10), (10A), and (10B)

are revised to read ‘‘Packaging

(§ 173. * * *)’’, ‘‘Nonbulk’’, ‘‘Bulk’’,

‘‘Passenger aircraft/rail’’, ‘‘Vessel

Stowage’’, ‘‘Location’’, and ‘‘Other’’,

respectively.

b. For the entries ‘‘Cartridges for

weapons, blank or Cartridges, small

arms, blank, UN 0014’’, ‘‘Cartridges for

weapons, inert projectile or Cartridges,

small arms, UN0012’’, ‘‘Cartridges,

power device, UN0323’’, and

‘‘Cartridges, small arms’’, in Column (7),

special provision ‘‘112’’ is removed.

c. For the entries ‘‘Cartridges for

weapons, blank or Cartridges, small

arms, blank, UN 0014’’, ‘‘Cartridges for

weapons, inert projectile or Cartridges,

small arms, UN0012’’, and ‘‘Cartridges,

power device, UN0323’’, in Column

(8A), the word ‘‘None’’ is revised to read

‘‘63’’.

d. For the entry ‘‘Cartridges, small

arms’’, in Column (8A), the number

‘‘230’’ is revised to read ‘‘63’’.

e. For the entry ‘‘Ethanol or Ethyl

alcohol or Ethanol solutions or Ethyl

alcohol solutions’’, in Column (7), the

number ‘‘24,’’ is added immediately

preceding ‘‘T1’’, in Packing Group II,

and the number ‘‘24,’’ is added

immediately preceding ‘‘B1’’ in Packing

Group III.

f. For the entry ‘‘Smokeless powder

for small arms (100 pounds or less),

NA3178’’, in Column (9B), the word

‘‘Forbidden’’ is revised to read ‘‘7.3 kg’’.

§ 172.102 [Amended]

5. In § 172.102, in paragraph (c)(1),

special provision ‘‘112’’ is removed.

6. In § 172.201, paragraph (d) is

revised to read as follows:

§ 172.201 General entries.

* * * * *

(d) Emergency response telephone

number. Except as provided in

§ 172.604(c), a shipping paper must

contain an emergency response

telephone number, as prescribed in

subpart G of this part.

7. In § 172.203, paragraph (c)(1) is

revised to read as follows:

§ 172.203 Additional description

requirements.

* * * * *

(c) Hazardous substances. (1) Except

for Class 7 (radioactive) materials

described in accordance with paragraph

(d) of this section, if the proper shipping

name for a material that is a hazardous

substance does not identify the

hazardous substance by name, the name

of the hazardous substance must be

entered in parentheses in association

with the basic description. If the

material contains two or more

hazardous substances, at least two

hazardous substances, including the two

with the lowest reportable quantities

(RQs), must be identified. For a

hazardous waste, the waste code (e.g.,

D001), if appropriate, may be used to

identify the hazardous substance.

* * * * *

§ 172.203 [Amended]

8. In addition, in § 172.203, the

following amendments are made:

a. In paragraph (e)(2), the phrase ‘‘and

paragraph (e)(3) of this section’’ is

removed.

b. Paragraph (e)(3) is removed.

9. In § 172.324, paragraph (a) is

revised to read as follows:

§ 172.324 Hazardous substances in nonbulk packagings.

* * * * *

(a) Except for packages of radioactive

material labeled in accordance with

§ 172.403, if the proper shipping name

of a material that is a hazardous

substance does not identify the

hazardous substance by name, the name

of the hazardous substance must be

marked on the package, in parentheses,

in association with the proper shipping

name. If the material contains two or

more hazardous substances, at least two

hazardous substances, including the two

with the lowest reportable quantities

(RQs), must be identified. For a

hazardous waste, the waste code (e.g.,

D001), if appropriate, may be used to

identify the hazardous substance.

* * * * *

10. In § 172.402, paragraph (d) is

revised to read as follows:
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations 27173

§ 172.402 Additional labeling

requirements.

* * * * *

(d) Class 7 (Radioactive) Materials.

Except as otherwise provided in this

paragraph, each package containing a

Class 7 material that also meets the

definition of one or more additional

hazard classes must be labeled as a

Class 7 material as required by § 172.403

of this subpart and for each additional

hazard. A subsidiary hazard label is not

required on a package containing a Class

7 material that conforms to criteria

specified in § 173.4 of this subchapter,

except § 173.4(a)(1)(iv) of this

subchapter.

* * * * *

11. In § 172.500, paragraphs (b)(4) and

(b)(5) are redesignated as paragraphs

(b)(5) and (b)(6), respectively, and a new

paragraph (b)(4) is added to read as

follows:

§ 172.500 Applicability of placarding

requirements.

* * * * *

(b) * * *

(4) Hazardous materials prepared in

accordance with § 173.13 of this

subchapter;

* * * * *

12. In § 172.600, paragraph (d) is

revised to read as follows:

§ 172.600 Applicability and general

requirements.

* * * * *

(d) Exceptions. The requirements of

this subpart do not apply to hazardous

material which is excepted from the

shipping paper requirements of this

subchapter or a material properly

classified as an ORM–D.

13. In § 172.604, new paragraph (c) is

added to read as follows:

§ 172.604 Emergency response telephone

number.

* * * * *

(c) The requirements of this section

do not apply to—

(1) Hazardous materials that are

offered for transportation under the

provisions applicable to limited

quantities; and

(2) Materials properly described

under the shipping names ‘‘Engines,

internal combustion’’, ‘‘Battery powered

equipment’’, ‘‘Battery powered vehicle’’,

Wheelchair, electric’’, ‘‘Carbon dioxide,

solid’’, ‘‘Dry ice’’, ‘‘Fish meal,

stabilized’’, ‘‘Fish scrap, stabilized’’,

‘‘Castor bean’’, ‘‘Castor meal’’, ‘‘Castor

flake’’, ‘‘Castor pomace’’, or

‘‘Refrigerating machine’’.

14. In § 172.702, paragraph (b) is

revised to read as follows:

§ 172.702 Applicability and responsibility

for training and testing.

* * * * *

(b) Except as provided in

§ 172.704(c)(1), a hazmat employee who

performs any function subject to the

requirements of this subchapter may not

perform that function unless instructed

in the requirements of this subchapter

that apply to that function. It is the duty

of each hazmat employer to comply

with the applicable requirements of this

subchapter and to thoroughly instruct

each hazmat employee in relation

thereto.

* * * * *

15. In § 172.704, paragraphs (c)(1) and

(c)(2) and the introductory text of

paragraph (d) are revised to read as

follows:

§ 172.704 Training requirements.

* * * * *

(c) * * * (1) Initial training. A new

hazmat employee, or a hazmat employee

who changes job functions may perform

those functions prior to the completion

of training provided—

(i) The employee performs those

functions under the direct supervision

of a properly trained and knowledgeable

hazmat employee; and

(ii) The training is completed within

90 days after employment or a change

in job function.

(2) Recurrent training. A hazmat

employee shall receive the training

required by this subpart at least once

every three years.

* * * * *

(d) Recordkeeping. A record of

current training, inclusive of the

preceding three years, in accordance

with this section shall be created and

retained by each hazmat employer for as

long as that employee is employed by

that employer as a hazmat employee

and for 90 days thereafter. The record

shall include:

* * * * *

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

16. The authority citation for part 173

continues to read as follows:

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

1.53.

17. In § 173.4, the section heading is

revised, paragraph (a)(11) is removed,

paragraph (a) introductory text,

paragraphs (a)(9) and (a)(10) are revised,

and a new paragraph (c) is added to read

as follows:

§ 173.4 Small quantity exceptions.

(a) Small quantities of Class 3,

Division 4.1, Division 4.2 (PG II and III),

Division 4.3 (PG II and III), Division 5.1,

Division 5.2, Division 6.1, Class 7, Class

8, and Class 9 materials that also meet

the definition of one or more of these

hazard classes, are not subject to any

other requirements of this subchapter

when—

* * * * *

(9) The package is not opened or

otherwise altered until it is no longer in

commerce; and

(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’’ or, alternatively, until

October 1, 2001, with the statement

‘‘This package conforms to the

conditions and limitations specified in

49 CFR 173.4.’’

* * * * *

(c) Packages which contain a Class 2,

Division 4.2 (PG I), or Division 4.3 (PG

I) material conforming to paragraphs

(a)(1) through (a)(10) of this section may

be offered for transportation or

transported if specifically approved by

the Associate Administrator for

Hazardous Materials Safety.

18. Section 173.13 is added to Subpart

A to read as follows:

§ 173.13 Exceptions for Class 3, Divisions

4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9

materials.

(a) A Class 3, 8 or 9, or Division 4.1,

4.2, 4.3, 5.1, or 6.1 material is excepted

from the labeling and placarding

requirements of this subchapter if

prepared for transportation in

accordance with the requirements of

this section. A material that meets the

definition of a material poisonous by

inhalation may not be offered for

transportation or transported under

provisions of this section.

(b) A hazardous material conforming

to requirements of this section may be

transported by motor vehicle, rail car, or

cargo-only aircraft. Only hazardous

materials permitted to be transported

aboard a cargo-only aircraft by column

(9B) of the Hazardous Materials Table in

§ 172.101 of this subchapter are

authorized for transport aboard cargoonly aircraft pursuant to the provisions

of this section.

(c) A hazardous material permitted by

paragraph (a) of this section must be

packaged as follows:

(1) For liquids:

(i) The hazardous material must be

placed in a tightly closed glass, plastic

or metal inner packaging with a

maximum capacity not exceeding 1.2

liters. Sufficient outage must be

provided such that the inner packaging

will not become liquid full at 55 °C (130

°F). The net quantity (measured at 20 °C
27174 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations

(68 °F)) of liquid in any inner packaging

may not exceed one liter.

(ii) The inner packaging must be

placed in a hermetically-sealed barrier

bag which is impervious to the lading,

and then wrapped in a non-reactive

absorbent material in sufficient quantity

to completely absorb the contents of the

inner packaging, and placed in a snugly

fitting, metal can.

(iii) The metal can must be securely

closed. For liquids that are in Division

4.2 or 4.3, the metal can must be

hermetically sealed. For Division 4.2

materials in Packing Group I, the metal

can must be tested in accordance with

part 178 of this subchapter at the

Packing Group I performance level.

(iv) The metal can must be placed in

a fiberboard box that is placed in a

hermetically-sealed barrier bag which is

impervious to the lading.

(v) The intermediate packaging must

be placed inside a securely closed, outer

packaging conforming to § 173.201.

(vi) Not more than four intermediate

packagings are permitted in an outer

packaging.

(2) For solids:

(i) The hazardous material must be

placed in a tightly closed glass, plastic

or metal inner packaging. The net

quantity of material in any inner

packaging may not exceed 2.85 kg (6.25

pounds).

(ii) The inner packaging must be

placed in a hermetically-sealed barrier

bag which is impervious to the lading.

(iii) The barrier bag and its contents

must be placed in a fiberboard box that

is placed in a hermetically-sealed

barrier bag which is impervious to the

lading.

(iv) The intermediate packaging must

be placed inside an outer packaging

conforming to § 173.211.

(v) Not more than four intermediate

packagings are permitted in an outer

packaging.

(d) The outside of the package must

be marked, in association with the

proper shipping name, with the

statement: ‘‘This package conforms to 49

CFR 173.13.’’

19. In § 173.21, paragraph (f)(3) is

revised to read as follows:

§ 173.21 Forbidden materials and

packages.

* * * * *

(f) * * *

(3) Refrigeration may be used as a

means of stabilization only when

approved by the Associate

Administrator for Hazardous Materials

Safety. For status of approvals

previously issued by the Bureau of

Explosives, see § 171.19 of this

subchapter. Methods of stabilization

approved by the Associate

Administrator for Hazardous Materials

Safety are as follows:

(i) For highway transportation:

(A) A material meeting the criteria of

this paragraph (f) may be transported

only in a transport vehicle, freight

container, or motor vehicle equipped

with a mechanical refrigeration unit, or

loaded with a consumable refrigerant,

capable of maintaining the inside

temperature of the hazardous material at

or below the control temperature

required for the material during

transportation.

(B) Each package containing a

material meeting the criteria of this

paragraph (f) must be loaded and

maintained at or below the control

temperature required for the material.

The temperature of the material must be

determined by appropriate means and

entered on a written record at the time

the packaging is loaded.

(C) The vehicle operator shall monitor

the inside temperature of the transport

vehicle, freight container, or motor

vehicle and enter that temperature on a

written record at the time the package

is loaded and thereafter at intervals not

exceeding two hours. Alternatively, a

transport vehicle, freight container, or

motor vehicle may be equipped with a

visible or audible warning device that

activates when the inside temperature of

the transport vehicle, freight container,

or motor vehicle exceeds the control

temperature required for the material.

The warning device must be readily

visible or audible, as appropriate, from

the vehicle operator’s seat in the

vehicle.

(D) The carrier shall advise the

vehicle operator of the emergency

temperature for the material, and

provide the vehicle operator with

written procedures that must be

followed to assure maintenance of the

control temperature inside the transport

vehicle, freight container, or motor

vehicle. The written procedures must

include instructions for the vehicle

operator on actions to take if the inside

temperature exceeds the control

temperature and approaches or reaches

the emergency temperature for the

material. In addition, the written

temperature-control procedures must

identify enroute points where the

consumable refrigerant may be

procured, or where repairs to, or

replacement of, the mechanical

refrigeration unit may be accomplished.

(E) The vehicle operator shall

maintain the written temperaturecontrol procedures, and the written

record of temperature measurements

specified in paragraph (f)(3)(i)(C) of this

section, if applicable, in the same

manner as specified in § 177.817 of this

subchapter for shipping papers.

(F) If the control temperature is

maintained by use of a consumable

refrigerant (e.g., dry ice or liquid

nitrogen), the quantity of consumable

refrigerant must be sufficient to

maintain the control temperature for

twice the average transit time under

normal conditions of transportation.

(G) A material that has a control

temperature of 40 °C (104 °F) or higher

may be transported by common carrier.

A material that has a control

temperature below 40 °C (104 °F) must

be transported by a private or contract

carrier.

(ii) For transportation by vessel,

shipments are authorized in accordance

with the control-temperature

requirements of Section 21 of the

General Introduction of the

International Maritime Dangerous

Goods Code (IMDG Code).

* * * * *

20. In § 173.32a, paragraph (c) is

revised to read as follows:

§ 173.32a Approval of Specification IM

portable tanks.

* * * * *

(c) Disposition of approval

certificates. A copy of each approval

certificate must be retained by the

approval agency and by the owner of

each IM portable tank.

* * * * *

§ 173.155 [Amended]

21. In § 173.155, in paragraph (b)(1),

the wording ‘‘4.0 L (1 gallon)’’ is revised

to read ‘‘5.0 L (1.3 gallons)’’.

22. In § 173.171, at the end of

paragraph (a) the semicolon is removed

and a period is added in its place, the

introductory text and paragraph (b) are

revised and a new paragraph (d) is

added to read as follows:

§ 173.171 Smokeless powder for small

arms.

Smokeless powder for small arms

which has been classed in Division 1.3

may be reclassed in Division 4.1, for

transportation by motor vehicle, rail car,

vessel, or cargo-only aircraft, subject to

the following conditions:

* * * * *

(b) The total quantity of smokeless

powder may not exceed 45.4 kg (100

pounds) net mass in:

(1) One rail car, motor vehicle, or

cargo-only aircraft; or

(2) One freight container on a vessel,

not to exceed four freight containers per

vessel.

* * * * *

(d) Inside packages that have been

examined and approved by the
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations 27175

Associate Administrator for Hazardous

Materials Safety may be packaged in UN

4G fiberboard boxes meeting the

Packing Group I performance level,

provided all inside containers are

packed to prevent movement and the

net weight of smokeless powder in any

one box does not exceed 7.3 kg (16

pounds).

23. In § 173.220, paragraph (g)(2) is

revised to read as follows:

§ 173.220 Internal combustion engines,

self-propelled vehicles, and mechanical

equipment containing internal combustion

engines or wet batteries.

* * * * *

(g) * * *

(2) Are not subject to the requirements

of subparts D, E, and F (marking,

labeling, and placarding, respectively)

of part 172 or § 172.604 (emergency

response telephone number) of this

subchapter for transportation by vessel

or aircraft.

§ 173.63 [Amended]

§ 173.230 [Removed]

24. Paragraph (b) of § 173.230 is

redesignated as paragraph (b) of § 173.63

and § 173.230 is removed.

24a. In § 173.435, in the Table of A1

and A2 values for radionuclides, the

following entry is added, in appropriate

alphabetical order, to read as follows:

§ 173.435 Table of A1 and A2 values for

radionuclides.

* * * * *

Symbol of radionuclide

Element

and atomic

No.

A1 (TBq) A1 (Ci) A2 (TBq) A2 (Ci)

Specific activity

(TBq/g) (Ci/g)

* * * * * * *

MFP ............................ .................... (see § 173.433) ......... .................... (see § 173.433) ......... .................... .................... ....................

* * * * * * *

PART 176—CARRIAGE BY VESSEL

25. The authority citation for part 176

continues to read as follows:

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

1.53.

26. In § 176.104, the first sentence of

paragraph (i) is revised to read as

follows:

§ 176.104 Loading and unloading Class 1

(explosive) materials.

* * * * *

(i) A landing mat must be used when

a draft of nonpalletized Division 1.1 or

1.2 (Class A and B explosive materials)

is deposited on deck. * * *

* * * * *

PART 177—CARRIAGE BY PUBLIC

HIGHWAY

27. The authority citation for part 177

continues to read as follows:

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

1.53.

28. Section 177.801 is revised to read

as follows:

§ 177.801 Unacceptable hazardous

materials shipments.

No person may accept for

transportation or transport by motor

vehicle a forbidden material or

hazardous material that is not prepared

in accordance with the requirements of

this subchapter.

§§ 177.818, 177.821, 177.822, and 177.824

[Removed]

29. Sections 177.818, 177.821,

177.822, and 177.824 are removed.

30. In § 177.834, paragraph (b) is

removed and reserved, and paragraph (j)

is revised to read as follows:

§ 177.834 General requirements.

* * * * *

(j) Manholes and valves closed. A

person may not drive a cargo tank and

a motor carrier may not permit a person

to drive a cargo tank motor vehicle

containing a hazardous material

regardless of quantity unless:

(1) All manhole closures are closed

and secured; and

(2) All valves and other closures in

liquid discharge systems are closed and

free of leaks.

* * * * *

§ 177.835 [Amended]

31. In § 177.835, paragraphs (k), (l),

and (m) are removed.

§ 177.837 [Amended]

32. In § 177.837, paragraph (d) is

removed.

33. In § 177.838, paragraph (g) is

revised to read as follows:

§ 177.838 Class 4 (flammable solid)

materials, Class 5 (oxidizing) materials, and

Division 4.2 (pyroforic liquid) materials.

* * * * *

(g) A motor vehicle may only contain

45.4 kg (100 pounds) or less net mass of

material described as ‘‘Smokeless

powder for small arms, Division 4.1’’.

* * * * *

34. Section 177.839 is revised to read

as follows:

§ 177.839 Class 8 (corrosive) materials.

(See also § 177.834(a) through (j).)

(a) Nitric acid. No packaging of nitric

acid of 50 percent or greater

concentration may be loaded above any

packaging containing any other kind of

material.

(b) Storage batteries. All storage

batteries containing any electrolyte must

be so loaded, if loaded with other

lading, that all such batteries will be

protected against other lading falling

onto or against them, and adequate

means must be provided in all cases for

the protection and insulation of battery

terminals against short circuits.

35. In § 177.841, paragraph (d) is

removed and reserved, and paragraph

(e)(1) is revised to read as follows:

§ 177.841 Division 6.1 (poisonous) and

Division 2.3 (poisonous gas) materials.

* * * * *

(e) * * *

(1) Bearing a POISON label in the

same motor vehicle with material that is

marked as or known to be foodstuffs,

feed or any edible material intended for

consumption by humans or animals

unless the poisonous material is

packaged in accordance with this

subchapter and is:

(i) Overpacked in a metal drum as

specified in § 173.25(c) of this

subchapter; or

(ii) Loaded into a closed unit load

device and the foodstuffs, feed, or other

edible material are loaded into another

closed unit load device;

* * * * *

§ 177.848 [Amended]

36. In § 177.848, paragraph (e)(5), is

amended by removing the phrase

‘‘ammonium nitrate fertilizer’’ and

adding in its place the phrase

‘‘ammonium nitrate (UN 1942) and

ammonium nitrate fertilizer’’.

PART 178—SPECIFICATIONS FOR

PACKAGINGS

37. The authority citation for part 178

continues to read as follows:
27176 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations

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

1.53.

§§ 178.315, 178.315–1, 178.315–2, 178.315–

3, 178.315–4, 178.315–5 [Removed]

38. Sections 178.315, 178.315–1,

178.315–2, 178.315–3, 178.315–4, and

178.315–5 are removed.

PART 180—CONTINUING

QUALIFICATION AND MAINTENANCE

OF PACKAGINGS

39. The authority citation for part 180

continues to read as follows:

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

1.53.

§ 180.407 [Amended]

40. In § 180.407, in paragraph (a)(1),

the words ‘‘filled and offered for

shipment’’ are removed and ‘‘filled and

offered for transportation or

transported’’ are added in their place.

Issued in Washington, DC, on May 17,

1996, under authority delegated in 49 CFR

Part 1.

Rose McMurray,

Acting Deputy Administrator, Research and

Special Programs Administration.

[FR Doc. 96–12955 Filed 5–29–96; 8:45 am]

BILLING CODE 4910–60–P