Hazardous Materials; Miscellaneous Amendments

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 14, 2003 (Volume 68, Number 157)]
[Rules and Regulations]
[Page 48562-48572]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au03-13]

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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 177, 178, 179 and 180
[Docket No. RSPA-02-13773 (HM-218B)]
RIN 2137-AD73

AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.

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SUMMARY: This final rule amends the Hazardous Materials Regulations by
incorporating miscellaneous changes based on petitions for rulemaking
and RSPA initiatives. The intended effect of these regulatory changes
is to update, clarify or provide relief from certain regulatory
requirements.

DATES: Effective Date: The effective date of these amendments is
October 1, 2003.
Incorporation by Reference Date: The incorporation by reference of
certain publications listed in these amendments is approved by the
Director of the Federal Register as of October 1, 2003.

FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous
Materials Standards, (202) 366-8553, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

This final rule will primarily reduce regulatory burdens on
industry by incorporating changes into the Hazardous Materials
Regulations (HMR) based on RSPA's own initiatives and petitions for
rulemaking submitted in accordance with 49 CFR 106.95. In a continuing
effort to review the HMR for necessary revisions, RSPA (``we'' and
``us'') is eliminating, revising, clarifying and relaxing regulatory
requirements. On January 21, 2003, RSPA published a Notice of Proposed
Rulemaking (NPRM) under Docket RSPA-02-13773 (HM-218B; 68 FR 2734). The
NPRM contained information concerning each proposal and invited public
comment. Readers should refer to the NPRM for additional background
discussion.
RSPA received eleven comments in response to the NPRM. These
comments were submitted by representatives of trade associations, such
as the American Chemical Council, the American Pyrotechnics
Association, and the Chlorine Institute; hazardous materials consulting
firms; chemical manufacturers; and carriers of hazardous materials.
Most commenters expressed support for various proposals, but several
commenters raised concerns about certain provisions in the proposal
that are discussed below.
The following is a section-by-section summary of changes and, where
applicable, a discussion of comments received.

Section-by-Section Review

Part 171

Section 171.7
We are revising this section to update certain incorporation by
reference materials and are adding three new entries. We are updating
the following previously approved pamphlets and standards:

--CGA Pamphlet C-6.2, Guidelines for Visual Inspection and
Requalification of Fiber Reinforced High Pressure Cylinders, 1996
edition. The 1996 edition of CGA Pamphlet C-6.2 simply makes editorial
changes to the 1988 edition.
--CGA Pamphlet C-11, Recommended Practices for Inspection of Compressed
Gas Cylinders at Time of Manufacture, 2001 edition. This new edition of
CGA Pamphlet C-11 adds Transport Canada requirements and clarifies
existing text.
--CGA Pamphlet C-13, Guidelines for Periodic Visual Inspection and
Requalification of Acetylene Cylinders, 2000 edition. This new edition
of CGA Pamphlet C-13 adds acetylene cylinders to the rejection
criteria, allows condemned acetylene cylinders to be permanently marked
as such, and changes the time parameters for requalification of the
porous mass.
--CGA Pamphlet S-1.1, Pressure Relief Device Standards--Part 1--
Cylinders for Compressed Gases, 2001 edition (with the exception of
paragraph 9.1.1.1). This new edition adds a definition and requirements
for the new PRD CG-10 device.
--NFPA 58--Liquefied Petroleum Gas Code, 2001 edition.

We are also incorporating by reference the 2001 edition of the
American Pyrotechnics Association's Standard 87-1, Standard for
Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, which establishes a ten-inch limit on
aerial shells for fireworks that may be classed as Division 1.3
explosives.
We are updating the entry for the Association of American Railroads
(AAR) Manual of Standards and Recommended Practices, Section C--Part
III, Specifications for Tank Cars, Specification M-1002 by adding the
2000 edition and removing the entries for the 1992 and 1996 edition.
We are adding the American Society for Testing and Materials (ASTM)
E 114-95 test method for straight beam examination of the tubular
surface of cylinders and tubes which is used in conjunction with ASTM E
213-98 to measure the wall thickness of a cylinder and to detect
general corrosion and defects located in the path of the ultrasonic
straight beam direction. ASTM E 213-98 was incorporated by reference in
a final rule published in the Federal Register on August 8, 2002
(Docket HM-220D, 67 FR 51626). Two commenters requested we incorporate
by reference the ASTM E 114-95 (2001) test method and the ASTM E 213-02
to reflect the latest version of these standards. Because we did not
propose to incorporate the newer editions of these standards in the
NPRM, we are not incorporating them at this time. These standards may
be considered for incorporation by reference in a future rulemaking.
We are also adding the Chlorine Institute's booklets entitled
``Chlorine Institute Emergency Kit `A' for 100-lb. & 150-lb. Chlorine
Cylinders'' and ``Chlorine Institute Emergency Kit `B' for Chlorine Ton
Containers''. (See Sec. 173.3 preamble discussion.)
Section 171.15
In the NPRM we proposed to move a shipper requirement to notify the
Bureau of Explosives (BOE) whenever a rail car containing a time-
sensitive product is not received by the consignee within 20 days from
shipment from

[[Page 48563]]

Sec. Sec. 173.314(g)(1) and 173.319(a)(3) to Sec. 171.15. We also
proposed to require notification to the Federal Railroad Administration
(FRA) instead of the BOE by ``the person with knowledge (shipper or
carrier).'' Commenters generally supported notification to the FRA,
however, two commenters opposed moving the reporting requirements into
Sec. 171.15 because ``the reporting requirement for late delivery of
time sensitive materials does not meet the criteria of reporting under
Sec. 171.15.'' The commenters opposed assignment of the reporting
responsibility to ``the person with knowledge (shipper or carrier)''
and said this language is not specific enough and could cause
``instances of noncompliance'' where the shipper believes the carrier
is the ``person with knowledge'' and vice versa. Commenters are also
divided on who should be assigned the reporting responsibility. Some
commenters want the responsibility assigned to the shipper, others to
the carrier. Another commenter objected to having to choose from
multiple telephone numbers depending on time of day to report these
late shipments. Based on valid concerns from commenters that the
reporting requirements for late shipments do not fit the reporting
criteria under Sec. 171.15 and the various other issues raised by
commenters that we need to further review, we are not adopting this
proposal at this time.

Part 172

Section 172.101
We are amending the entry for ``Butylene'' by adding a limited
quantity exception for compressed gases (see Sec. 173.306) in column
(8A) of the Hazardous Materials Table (HMT). This amendment corrects an
oversight in previous rulemakings and is consistent with the entries
for ``Petroleum gases, liquefied'' and other hydrocarbons.
We are adding a new domestic entry for ``Cartridges power devices,
ORM-D'' to the HMT for consistency with the packaging exceptions
authorized in Sec. 173.63(b). This entry is limited to those
cartridges, small arms and cartridges power devices which are
authorized to be reclassed and shipped as ORM-D in Sec. 173.63(b)(1).
For Zone B Toxic Inhalation Hazard entries with ID numbers UN3303,
UN3304, UN3305, UN3306, UN3307, UN3308, UN3309, and UN3310, we are
amending the HMT by adding Special Provisions B9 and B14; and for Zone
C Toxic Inhalation Hazard entries with the same ID numbers, we are
adding Special Provision B14. The special provisions were inadvertently
omitted in previous rulemakings.
In the NPRM, we proposed to remove the letter ``I'' in column (1)
of the HMT for compressed gas entries with ID numbers UN 3304, UN 3305,
and UN 3306 and liquefied gas entries with ID numbers UN 3308, UN 3309
and UN 3310. The letter ``I'' identifies proper shipping names which
are appropriate for describing materials in international
transportation. A commenter pointed out that removal of the letter
``I'' in column 1 of the HMT from these Division 2.3 materials, which
show a Class 8 subsidiary hazard, is inappropriate because the
definition of Class 8 in Sec. 173.136 is limited to solid and liquid
materials. A Class 8 subsidiary hazard for Division 2.3 materials is
only prescribed under international regulations. RSPA agrees with the
commenter; therefore, this proposal is not adopted.
For the entry ``Liquefied gas, toxic, oxidizing, corrosive,
n.o.s.'' Hazard Zones B, C and D, we are correcting a typographical
error in the subsidiary labeling requirements by removing the Division
2.1 label requirement and adding the Division 5.1 label in its place.
We are revising the entry for ``Gas sample, non-pressurized, toxic,
n.o.s., UN 3169'' by adding Special Provision 6 in column (7) of the
HMT. The entry is classed as a Division 2.3 poisonous gas and must be
described as an inhalation hazard under the provisions of the HMR. A
commenter pointed out that the entry ``Gas sample, non-pressurized,
toxic, flammable, n.o.s., UN 3168'' which is also a Division 2.3 gas
and must be described as an inhalation hazard material, should also be
assigned Special Provision 6. We agree with the commenter and are
revising the entry for ``Gas sample, non-pressurized, toxic, flammable,
n.o.s., UN 3168'' in the HMT accordingly.
Section 172.504
We are revising paragraph (d) to clarify that the placarding
exception for non-bulk packagings containing only the residue of a
hazardous material covered by table 2 does not apply to materials
subject to the subsidiary placarding requirements in Sec. 172.505
(e.g., poison inhalation hazard). A material subject to the subsidiary
placarding requirements in Sec. 172.505 requires placarding for the
subsidiary hazard in addition to any other required placards regardless
of quantity.

Part 173

Section 173.3
We are revising Sec. 173.3 to allow a DOT 3A480 or 3AA480 cylinder
containing chlorine or sulphur dioxide (both materials poisonous by
inhalation) that has developed a leak in the valve or fusible plug to
be temporarily repaired using a Chlorine Institute Emergency Kit ``A''
and be transported by private or contract carrier one time, one way,
from the point of discovery to the appropriate facility for discharge
and examination. Similarly, we are allowing a DOT 106A500 multi-unit
tank car tank containing chlorine or sulphur dioxide that has developed
a leak in the valve or fusible plug to be temporarily repaired using a
Chlorine Institute Emergency Kit ``B.'' We have authorized the use of
the kits under the exemption program for several years with
satisfactory shipping experience. Adopting these exemption provisions
into the regulations will eliminate the need for an exemption and
facilitate the movement of affected containers to appropriate
facilities. We are also correcting a typographical error in the
paragraph (d) heading to read ``DOT 106A500'' instead of ``DOT
105A500''. The commenters supported the proposal; however, several
commenters requested that use of the ``A'' and ``B'' kits be extended
to other specification packagings as well as to other compressed gases.
Our proposal in the NPRM is based on a satisfactory shipping record
under the exemption program using the ``A'' kits to temporarily repair
leaking 3A480 and 3AA480 cylinders and the ``B'' kits to temporarily
repair DOT 106A500 multi-unit tank car tanks containing chlorine or
sulphur dioxide. Therefore, we are adopting the amendment as proposed.
While other materials might develop a satisfactory shipping record if
tested, neither RSPA nor FRA is aware of significant experience in the
use of ``A'' or ``B'' kits for commodities other than chlorine or
sulphur dioxide or for containers other than the specification 3A480/
3AA480 cylinders or DOT 106A500 multi-unit tank car tanks. Proponents
of this expansion have not presented sufficient or convincing evidence
to substantiate a more extensive amendment to the HMR. Including other
types of packagings and materials is outside the scope of this
rulemaking and may be considered in a future rulemaking.
Section 173.12
We are revising Sec. 173.12(c) to authorize the reuse of
packagings for shipments of all wastes, not just waste

[[Page 48564]]

materials subject to EPA waste manifest requirements, to designated
facilities. This includes shipments of spent/waste materials which are
being returned to or shipped to an EPA licensed and certified Storage
or Disposal facility, but are not subject to the Uniform Hazardous
Waste Manifest requirements of the U.S. Environmental Protection
Agency.
Section 173.29
We are revising paragraph (c) to clarify that the placarding
exceptions for non-bulk packages containing only the residue of a Sec.
172.504 Table 2 material do not apply to materials subject to the
subsidiary placarding requirements in Sec. 172.505. A material subject
to the subsidiary placarding requirements in Sec. 172.505 requires
placarding for the subsidiary hazard in addition to any other required
placards regardless of quantity.
Section 173.31
We are adding a new paragraph authorizing the continued use of
existing DOT-103 and 104 tank cars, if they meet all applicable
requirements. No new construction of these tanks is authorized. We are
also revising paragraph (b)(2)(ii) for clarity by removing the
reference to ``Chloroprene, inhibited'' since Special Provision B57
addresses the requirements for chloroprene in class DOT-115A tank cars,
and by removing the last sentence since ``breather holes'' are not
authorized in the HMR. In addition, we are revising paragraph (b)(5) to
reflect changes to Appendix Y of the AAR Specifications for Tank Cars.
This change recognizes the 2000 edition of Appendix Y in the AAR Tank
Car Manual.
Section 173.35
In paragraph (b), we are adding, for purposes of clarification, a
parenthetical cross-reference to Sec. 180.352 that contains detailed
requirements for retest and inspection of IBCs.
Section 173.50
We are adding a statement indicating that pyrotechnic substances
and articles are considered explosives unless otherwise classed. The
definition of ``explosive'' in Sec. 173.50 previously did not
specifically include pyrotechnics.
Section 173.54
We are revising paragraph (c) to forbid offering for transportation
a leaking or damaged article, even if not in a package. This is in
addition to the existing prohibition of offering a leaking or damaged
package of explosives for transportation.
Section 173.62
We are revising paragraph (c), in the table of Packing Methods, to
clarify that Packing Instruction 132(a) applies to articles with closed
casings and Packing Instruction 132(b) applies to articles without
closed casings.
Section 173.314
We are removing the wording ``safety relief'' and adding the
wording ``reclosing pressure relief'' in its place in paragraphs (k)
and (m) for consistency.
Section 173.315
Currently, the HMR appear to require that cargo tank motor vehicles
(CTMVs) that transport Division 2.2 materials with a subsidiary hazard,
Division 2.1 materials, and anhydrous ammonia in both metered and other
than metered delivery service must be equipped with both a passive and
an off-truck remote means of emergency discharge control. We are
revising Sec. 173.315(n)(1)(vi) to permit CTMVs in both metered and
other than metered delivery service, with capacities of more than 3,500
water gallons, used to transport Division 2.2 materials with a
subsidiary hazard, Division 2.1 materials, and anhydrous ammonia to be
equipped with only a passive means of emergency discharge control,
provided that the system functions for both metered and non-metered
deliveries. If the system functions only for non-metered deliveries,
then the CTMV must also be equipped with an off-truck remote emergency
discharge control system.
Section 173.320
We are amending paragraph (a)(2) by adding the requirements in
subparts G (Emergency Response Information) and H (Training) of part
172 for transportation of cryogenic liquids by rail or highway. We
never intended to except shipments of cryogenic liquids from these
requirements.

Part 177

Section 177.834
We are amending Sec. 177.834(a) to require that any packaging
containing a hazardous material, regardless of Class or Division, be
secured against movement if the packaging is not permanently attached
to a motor vehicle. We are also incorporating into paragraph (a) the
closely related requirements in Sec. 177.834(g) to prevent relative
motion between the hazardous material packages themselves and between
packages and the vehicle and to ensure that packages that have valves
or other fittings be loaded in a manner that minimizes the likelihood
of damage during transportation to the valves, other fittings or, as
clarified in this final rule, other hazardous materials packages.
Securement of packages containing hazardous materials to prevent
movement during transportation reduces the potential for damage to
packages and thus, enhances transportation safety.
Also, for consistency with similar requirements in Parts 174, 175,
and 176, we are adding a new paragraph (b) to clarify that packages
bearing orientation markings must be loaded in such a way that they
remain in the correct position as indicated by the markings.
Section 177.835
Currently Sec. 177.835 prohibits carrying a Division 1.1 or
Division 1.2 material on any vehicle or a combination of vehicles if
the other vehicle is carrying a Division 2.3 or Division 6.1 material.
The segregation table in Sec. 177.848 restricts loading and
transporting of a Division 1.1 or 1.2 material with a material in
Division 2.3, Hazard Zone A or B, and in Division 6.1, PG I, Hazard
Zone A. For consistency with the provisions in Sec. 177.848(d), we are
revising Sec. 177.835(c)(4)(iii) to limit the segregation restriction
for a Division 1.1 or Division 1.2 explosive material to Division 2.3
materials in Hazard Zone A or B and to Division 6.1, PG I materials in
Hazard Zone A.
Section 177.837
We are amending paragraph (a) to permit the diesel engine of a
cargo tank motor vehicle to be running during loading and unloading of
Class 3 materials if the ambient temperature is at or below -12 [deg]C
(10 [deg]F). A motor vehicle's diesel engine is very difficult to
restart if the engine is turned off in extremely cold weather for
loading or unloading of product. Leaving a motor vehicle engine running
in ambient temperatures of below -12 [deg]C (10 [deg]F) enhances
operating benefits without compromising safety.
Section 177.841
We are revising paragraph (e) to expand the prohibition of
transporting packagings bearing or required to bear a POISON or POISON
INHALATION HAZARD label to include packagings that are placarded or
required to be placarded POISON or POISON INHALATION HAZARD. Under
Sec. 172.514(c) certain small bulk packagings may either be placarded
or labeled.

[[Page 48565]]

Part 178

Section 178.45
We are revising paragraph (h) to authorize use of the ASTM E 114
test method for straight beam examinations on the tubular surface of
cylinders and tubes as stated earlier in this preamble in the
discussion to Sec. 171.7.

Part 179

We are removing the specifications and all references to class DOT-
103 and 104 tanks cars from this part since new construction of these
tank cars is no longer authorized. (Continued use of class DOT-103 and
104 tank cars is authorized in Sec. Sec. 173.31 and 180.507.)
Section 179.1
Paragraph (a) implies that only tanks used to transport hazardous
materials are subject to the jurisdiction of DOT. For consistency with
Sec. Sec. 171.2(c) and 180.3(a), we are revising paragraph (a) to
clarify that any tank represented as a DOT specification tank, even
when used to transport non-regulated commodities, is subject to the
HMR.
Section 179.3
We are revising Sec. 179.3 for clarity.
Section 179.5
We are revising this section by removing an obsolete requirement to
furnish a Certificate of Construction to DOT.
Section 179.7
In paragraph (f), we are removing an outdated compliance date.
Section 179.100-13
In paragraphs (b) and (c), we are adding, for purposes of
clarification, a reference to Sec. 173.314(j), which contains excess
flow valve requirements for flammable gases.

Part 179 Subpart D

In the heading for Subpart D, we are removing the reference to
class DOT-103 and DOT-104 tank cars.
Section 179.200
In the section heading, we are removing the reference to class DOT-
103 and DOT-104 tank cars.
Section 179.200-14
In the NPRM, we proposed to remove the reference to class DOT-103
and DOT-104 tank cars in paragraph (a). In this section, for the
convenience of HMR readers, because the continued use of Class DOT 103
and 104 tank cars is authorized, we are not adopting this proposal.
Section 179.200-23
We are amending the section heading by removing the words ``safety
relief'' and adding ``pressure relief'' in their place.
Section 179.200-24
We are amending the table by removing the reference to a class DOT-
103W tank car and adding a reference to a class DOT-111A tank car in
its place.
Section 179.201-1
We are amending the table by removing the entries for class DOT-103
and DOT-104 tank cars because new construction of these tank cars is no
longer authorized. (Continued use of class DOT-103 and 104 tank cars is
authorized in Sec. Sec. 173.31 and 180.507.)
Section 179.201-2
Section 179.201-2 addresses minimum plate thickness for DOT
specification tank cars that may no longer be constructed. Therefore,
Sec. 179.201-2 is removed and reserved.
Section 179.201-3
We are amending paragraph (b) by removing the reference to DOT-103
tank cars.
Section 179.300-17
In this final rule, in Sec. 171.7 we are amending the ``Table of
material incorporated by reference'' by updating the entry for the AAR
Specifications for Tank Cars from the 1996 edition to the 2000 edition.
See Sec. 171.7 preamble discussion. Therefore, we are amending
paragraph (b) for clarity and removing the reference to the January
1996 edition of the AAR Specifications for Tank Cars.

Part 180

Section 180.209
In this final rule, we are incorporating by reference CGA Pamphlet
C-13, Guidelines for Periodic Visual Inspection and Requalification of
Acetylene Cylinders (see Sec. 171.7 preamble). CGA Pamphlet C-13
changes the time parameters for requalification of the porous mass of
acetylene cylinders from ``no sooner than 3 years'' to ``no sooner than
5 years.'' Consequently, we are also revising paragraph Sec.
180.209(i) to reflect this change.
Section 180.507
We are adding a new paragraph authorizing the continued use of DOT
103 and 104 tank cars, which may no longer be constructed.

Regulatory Analyses and Notices

A. 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. Therefore, it was not
reviewed by the Office of Management and Budget (OMB), and a regulatory
assessment was not required for OMB. This final rule is not considered
to be significant under the Regulatory Policies and Procedures order
issued by the U.S. Department of Transportation (44 FR 11034) and,
therefore, a Regulatory Analysis under the DOT order is not required.
In this final rule, we are amending miscellaneous provisions in the
HMR to clarify the provisions and to relax requirements where
warranted; responding to requests from industry associations to update
references to standards that are incorporated in the HMR, and making
certain technical corrections. These changes will enhance safety. The
impact of these amendments is believed to be so minimal that a
regulatory evaluation is not warranted. In the NPRM, we invited public
comments on any impacts of the proposed changes. We did not receive any
comments regarding the impacts of these changes.

B. Executive Order 13132

This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). Federal
law expressly preempts State, local, and Indian tribe requirements,
applicable to the transportation of hazardous materials, that cover
certain subjects and are not substantively the same as the Federal
requirements. 49 U.S.C. 5125(b)(1). These subjects are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
content, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or container which
is represented, marked, certified, or sold as qualified for use in the
transport of hazardous materials.

[[Page 48566]]

This final rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects and preempts any State, local, or Indian tribe requirements
concerning these subjects unless the non-Federal requirements are
``substantively the same'' (see 49 CFR 107.202(d)) as the Federal
requirements.
Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that if RSPA issues a regulation concerning any of
the covered subjects, RSPA must determine and publish in the Federal
Register the effective date of Federal preemption. The 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.
The effective date of preemption is 90 days from the publication of
this final rule in the Federal Register.

C. Executive Order 13175

This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule amends miscellaneous provisions in the HMR to clarify
provisions based on our own initiative and also on petitions for
rulemaking. While maintaining safety, it relaxes certain requirements
that are overly burdensome and updates references to consensus
standards that are incorporated in the HMR.
These amendments are generally intended to provide relief to
shippers, carriers, and packaging manufacturers, including small
entities. In addition, we are updating references to standards that are
incorporated in the HMR; industry associations, representing large and
small entities, requested these changes.
This final rule enhances safety, and I certify that this final rule
does not have a significant economic impact on a substantial number of
small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

E. Paperwork Reduction Act

There are no new information collection requirements in this final
rule.

F. Unfunded Mandates Reform Act

This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.

G. Environmental Assessment

There are no significant environmental impacts associated with this
final rule. An environmental assessment is available in the docket for
this rulemaking. We received no comments concerning environmental
impacts.

H. 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

Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, 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 177

Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.

49 CFR Part 178

Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

49 CFR Part 179

Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

? In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

? 1. The authority citation for part 171 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 2. In Sec. 171.7, in the paragraph (a)(3) table:
? a. Under the entry ``American Pyrotechnics Association (APA),'' the
entry is revised;
? b. Under the entry ``American Society for Testing and Materials,'' a
new entry is added in appropriate alphabetical order;
? c. Under the entry ``Association of American Railroads,'' the first
entry is removed and the second entry is revised;
? d. Under the entry ``Chlorine Institute, Inc.,'' two new entries are
added in appropriate alphabetical order;
? e. Under the entry ``Compressed Gas Association, Inc.,'' the entries
for pamphlets C-6.2, C-11, C-13, and S-1.1 are revised;
? f. Under the entry ``National Fire Protection Association,'' the entry
is revised.
The revisions and additions read as follows:

Sec. 171.7 Reference material.

(a) * * *
(3) Table of material incorporated by reference. * * *

[[Page 48567]]

------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
American Pyrotechnics Association (APA)
* * * * * * *
APA Standard 87-1, Standard for 173.56
Construction and Approval for
Transportation of Fireworks,
Novelties, and Theatrical
Pyrotechnics, December 1, 2001 version.
* * * * * * *
American Society for Testing and
Materials
* * * * * * *
ASTM E 114-95 Standard Practice for 178.45
Ultrasonic Pulse-Echo Straight-Beam
Examination by the Contact Method.
* * * * * * *
Association of American Railroads
* * * * * * *
AAR Manual of Standards and Recommended 173.31, 174.63, 179.6, 179.7,
Practices, Section C--Part III, 179.12, 179.15, 179.16,
Specifications for Tank Cars, 179.20, 179.22, 179.100,
Specification M-1002, December 2000. 179.101, 179.102, 179.103,
179.200, 179.201, 179.220,
179.300, 179.400, 180.509,
180.513, 180.515, 180.517.
* * * * * * *
Chlorine Institute, Inc.
* * * * * * *
Chlorine Institute Emergency Kit ``A'' 173.3
for 100-lb. & 150-lb. Chlorine
Cylinders (with the exception of
repair method using Device 8 for side
leaks), Edition 9, June 2000.
Chlorine Institute Emergency Kit ``B'' 173.3
for Chlorine Ton Containers (with the
exception of repair method using
Device 9 for side leaks) Edition 8,
June 1996.
* * * * * * *
Compressed Gas Association, Inc.
* * * * * * *
CGA Pamphlet C-6.2, Guidelines for 180.205
Visual Inspection and Requalification
of Fiber Reinforced High Pressure
Cylinders, 1996, Third Edition.
* * * * * * *
CGA Pamphlet C-11, Recommended 178.35
Practices for Inspection of Compressed
Gas Cylinders at Time of Manufacture,
2001, Third Edition.
* * * * * * *
CGA Pamphlet C-13, Guidelines for 173.303, 180.205, 180.209
Periodic Visual Inspection and
Requalification of Acetylene
Cylinders, 2000, Fourth Edition.
* * * * * * *
CGA Pamphlet S-1.1, Pressure Relief 173.301, 173.304a
Device Standards--Part 1--Cylinders
for Compressed Gases, 2001 (with the
exception of paragraph 9.1.1.1), Ninth
Edition.
* * * * * * *
National Fire Protection Association
* * * * * * *
NFPA 58-Liquefied Petroleum Gas Code, 173.315
2001 Edition.
* * * * * * *
------------------------------------------------------------------------

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.

? 4. In Sec. 172.101, the Hazardous Materials Table is amended by adding
and revising, in the appropriate alphabetical sequence, the following
entries to read as follows:

[[Page 48568]]

Sec. 172.101 Hazardous Materials Table
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.* * * (9) Quantity limitations (10) Vessel stowage
materials -----------------------------------------------------------------------------------------------
Symbols descriptions and Hazard class or Identification PG Label codes Special provisions
proper shipping division numbers Exceptions Non-bulk Bulk Passenger aircraft/ Cargo aircraft only Location Other
names rail
(1) (2).............. (3) (4) (5) (6)................. (7).................. (8A)........ (8B)..... (8C)..... (9A)............... (9B)............... (10A) (10B)
¬¬¬¬¬¬¬¬¬¬¬¬¬--------------------
* * * * * * *
[ADD:]
D........... Cartridges power ORM-D ................ ..... None................ ..................... 63.......... None..... None..... 30 kg gross........ 30 kg gross........ A
devices (used to
project
fastening
devices).
* * * * * * *
[REVISE:]
* * * * * * *
Butylene see also 2.1 UN1012 ..... 2.1................. 19, T50.............. 306......... 304...... 314, 315. Forbidden.......... 150 kg............. E 40
Petroleum gases,
liquefied.
* * * * * * *
GI.......... Compressed gas, 2.3 UN3304 ..... 2.3, 8.............. 2, B9, B14........... None........ 302, 305. 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
corrosive,
n.o.s.
Inhalation
Hazard Zone B.
GI.......... Compressed gas, 2.3 UN3304 ..... 2.3, 8.............. 3, B14............... None........ 302, 305. 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
corrosive,
n.o.s.
Inhalation
Hazard Zone C.
* * * * * * *
GI.......... Compressed gas, 2.3 UN3305 ..... 2.3, 2.1, 8......... 2, B9, B14........... None........ 302, 305. 314, 315. Forbidden.......... Forbidden.......... D 17, 40
toxic,
flammable,
corrosive,
n.o.s.
Inhalation
Hazard Zone B.
GI.......... Compressed gas, 2.3 UN3305 ..... 2.3, 2.1, 8......... 3, B14............... None........ 302, 305. 314, 315. Forbidden.......... Forbidden.......... D 17, 40
toxic,
flammable,
corrosive,
n.o.s.
Inhalation
Hazard Zone C.
* * * * * * *
GI.......... Compressed gas, 2.3 UN3306 ..... 2.3, 5.1, 8......... 2, B9, B14........... None........ 302, 305. 314, 315. Forbidden.......... Forbidden.......... D 40, 89, 90
toxic,
oxidizing,
corrosive,
n.o.s.
Inhalation
Hazard Zone B.
GI.......... Compressed gas, 2.3 UN3306 ..... 2.3, 5.1, 8......... 3, B14............... None........ 302, 305. 314, 315. Forbidden.......... Forbidden.......... D 40, 89, 90
toxic,
oxidizing,
corrosive,
n.o.s.
Inhalation
Hazard Zone C.
* * * * * * *
G........... Compressed gas, 2.3 UN3303 ..... 2.3, 5.1............ 2, B9, B14........... None........ 302. 305. 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
oxidizing,
n.o.s.
Inhalation
Hazard Zone B.
G........... Compressed gas, 2.3 UN3303 ..... 2.3, 5.1............ 3, B14............... None........ 302, 305. 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
oxidizing,
n.o.s.
Inhalation
Hazard Zone C.
* * * * * * *
Gas sample, 2.3 UN3168 ..... 2.3, 2.1............ 6.................... 306......... 302...... None..... Forbidden.......... 1 L................ D .........
nonpressurized,
toxic,
flammable,
n.o.s., not
refrigerated
liquid.
Gas sample, 2.3 UN3169 ..... 2.3................. 6.................... 306......... 302, 304. None..... Forbidden.......... 1 L................ D .........
nonpressurized,
toxic, n.o.s.,
not refrigerated
liquid.
* * * * * * *
GI.......... Liquefied gas, 2.3 UN3308 ..... 2.3, 8.............. 2, B9, B14........... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
corrosive,
n.o.s.
Inhalation
Hazard Zone B.
GI.......... Liquefied gas, 2.3 UN3308 ..... 2.3, 8.............. 3, B14............... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
corrosive,
n.o.s.
Inhalation
Hazard Zone C.
* * * * * * *
GI.......... Liquefied gas, 2.3 UN3309 ..... 2.3, 2.1, 8......... 2, B9, B14........... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 17, 40
toxic,
flammable,
corrosive,
n.o.s.
Inhalation
Hazard Zone B.
GI.......... Liquefied gas, 2.3 UN3309 ..... 2.3, 2.1, 8......... 3, B14............... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 17, 40
toxic,
flammable,
corrosive,
n.o.s.
Inhalation
Hazard Zone C.
* * * * * * *
GI.......... Liquefied gas, 2.3 UN3310 ..... 2.3, 5.1, 8......... 2, B9, B14........... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 40, 89, 90
toxic,
oxidizing,
corrosive,
n.o.s.
Inhalation
Hazard Zone B.
GI.......... Liquefied gas, 2.3 UN3310 ..... 2.3, 5.1, 8......... 3, B14............... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 40, 89, 90
toxic,
oxidizing,
corrosive,
n.o.s.
Inhalation
Hazard Zone C.
GI.......... Liquefied gas, 2.3 UN3310 ..... 2.3, 5.1, 8......... 4.................... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 40, 89, 90
toxic,
oxidizing,
corrosive,
n.o.s.
Inhalation
Hazard Zone D.
* * * * * * *
G........... Liquefied gas, 2.3 UN3307 ..... 2.3, 5.1............ 2, B9, B14........... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
oxidizing,
n.o.s.
Inhalation
Hazard Zone B.
G........... Liquefied gas, 2.3 UN3307 ..... 2.3, 5.1............ 3, B14............... None........ 304...... 314, 315. Forbidden.......... Forbidden.......... D 40
toxic,
oxidizing,
n.o.s.
Inhalation
Hazard Zone C.
* * * * * * *
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 48569]]

? 5. In Sec. 172.504, paragraph (d) is revised to read as follows:

Sec. 172.504 General placarding requirements.

* * * * *
(d) Exception for empty non-bulk packages. Except for hazardous
materials subject to Sec. 172.505, a non-bulk packaging that contains
only the residue of a hazardous material covered by Table 2 of
paragraph (e) of this section need not be included in determining
placarding requirements.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

? 6. The authority citation for part 173 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 44701; 49 CFR 1.45, 1.53.

? 7. In Sec. 173.3, a new paragraph (d) is added to read as follows:

Sec. 173.3 Packaging and exceptions.

* * * * *
(d) Emergency transportation of DOT 3A480 or 3AA480 cylinders and
DOT 106A500 multi-unit tank car tanks. (1) A DOT 3A480 or DOT 3AA480
cylinder containing chlorine or sulphur dioxide that has developed a
leak in a valve or fusible plug may be repaired temporarily by trained
personnel using a Chlorine Institute Kit ``A'' (IBR, see Sec. 171.7 of
this subchapter). The repaired cylinder is authorized to be transported
by private or contract carrier one time, one way, from the point of
discovery to a proper facility for discharge and examination.
(2) A DOT 106A500 multi-unit tank car tank containing chlorine or
sulphur dioxide that has developed a leak in the valve or fusible plug
may be temporarily repaired by trained personnel using a Chlorine
Institute Kit ``B'' (IBR, see Sec. 171.7 of this subchapter). The
repaired tank is authorized to be transported by private or contract
carrier one time, one way, from the point of discovery to a proper
facility for discharge and examination.
(3) Training for personnel making the repairs in paragraphs (d)(1)
and (d)(2) of this section must include:
(i) Proper use of the devices and tools in the applicable kits;
(ii) Use of respiratory equipment and all other safety equipment;
and
(iii) Knowledge of the properties of chlorine and sulphur dioxide.
(4) Packagings repaired with ``A'' or ``B'' kits must be properly
blocked and braced to ensure the packagings are secured in the
transport vehicle.

? 8. In Sec. 173.12, paragraph (c) introductory text is revised to read
as follows:

Sec. 173.12 Exceptions for shipments of waste materials.

* * * * *
(c) Reuse of packagings. A previously used packaging may be reused
for the shipment of waste material transported for disposal or
recovery, not subject to the reconditioning and reuse provisions
contained in Sec. 173.28 and part 178 of this subchapter, under the
following conditions:
* * * * *

? 9. In Sec. 173.29, paragraph (c) introductory text is revised to read
as follows:

Sec. 173.29 Empty packagings.

* * * * *
(c) Except for hazardous materials subject to Sec. 172.505, a non-
bulk packaging containing only the residue of a hazardous material
covered by table 2 of Sec. 172.504 of this subchapter--
* * * * *

? 10. In Sec. 173.31, a new paragraph (a)(7) is added, and paragraphs
(b)(2)(ii) and the last sentence of (b)(5) are revised to read as
follows:

Sec. 173.31 Use of tank cars.

(a) * * *
(7) A class DOT-103 or DOT-104 tank car may continue to be used for
the transportation of a hazardous material if it meets the requirements
of this subchapter and the design requirements in Part 179 of this
subchapter in effect on September 30, 2003; however, no new
construction is authorized.
(b) * * *
(2) * * *
(ii) A single-unit tank car transporting a Division 6.1 PG I or II,
or Class 2, 3, or 4 material must have a reclosing pressure relief
device. However, a single-unit tank car built before January 1, 1991,
and equipped with a non-reclosing pressure relief device may be used to
transport a Division 6.1 PG I or II material or a Class 4 liquid
provided such materials do not meet the definition of a material
poisonous by inhalation.
* * * * *
(b) * * *
(5) * * * Tank cars modified before July 1, 1996, may conform to
the bottom-discontinuity protection requirements of appendix Y, instead
of paragraphs E9.00 or E10.00 of the AAR Specifications for Tank Cars.
* * * * *

Sec. 173.35 [Amended]

? 11. In Sec. 173.35, in paragraph (b), the wording ``Initial use and
reuse of IBCs.'' is removed and the wording ``Initial use and reuse of
IBCs. (Also see Sec. 180.352 of this subchapter.)'' is added in its
place.

? 12. In Sec. 173.50, paragraph (a) is revised to read as follows:

Sec. 173.50 Class 1--Definitions.

(a) Explosive. For the purposes of this subchapter, an explosive
means any substance or article, including a device, which is designed
to function by explosion (i.e., an extremely rapid release of gas and
heat) or which, by chemical reaction within itself, is able to function
in a similar manner even if not designed to function by explosion,
unless the substance or article is otherwise classed under the
provisions of this subchapter. The term includes a pyrotechnic
substance or article, unless the substance or article is otherwise
classed under the provisions of this subchapter.
* * * * *

? 13. In Sec. 173.54, paragraph (c) is revised to read as follows:

Sec. 173.54 Forbidden explosives.

* * * * *
(c) A leaking or damaged package or article containing an
explosive.
* * * * *

? 14. In Sec. 173.62, paragraph (c) introductory text and in the Table
of Packing Methods, in column 1, Packing Instructions 132(a) and 132(b)
are revised to read as follows:

Sec. 173.62 Specific packaging requirements for explosives.

* * * * *
(c) Explosives must be packaged in accordance with the following
table:
* * * * *

Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Intermediate
Packing instruction Inner packagings packagings Outer packagings
----------------------------------------------------------------------------------------------------------------

[[Page 48570]]

* * * * * * *
132(a) For articles consisting of Not necessary......... Not necessary......... Boxes.--steel (4A);
closed metal, plastic or aluminum (4B); wood,
fiberboard casings that contian natural; ordinary (4C1);
detonating explosives, or wood, natural, sift proof
consisting of plastics-bonded walls (4C2); plywood (4D);
detonating explosives. reconstituted wood (4F);
fiberboard (4G); plastics,
solid (4H2).
132(b) For articles without closed Receptacles fiberboard Not necessary......... Boxes steel (4A); aluminum
casings. metal plastics. (4B); wood, natural,
Sheets paper plastics. ordinary (4C1); wood,
natural, sift proof walls
(4C2); plywood (4D);
reconstituted wood (4F);
fiberboard (4G); plastics,
solid (4H2).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec. 173.314 [Amended]

? 15. In Sec. 173.314, the following changes are made:
? a. In paragraph (k), the wording ``safety relief'' is removed and the
wording ``reclosing pressure relief'' is added in its place;
? b. In paragraph (m), the wording ``safety relief'' is removed and the
wording ``reclosing pressure relief'' is added each place it appears,
and in the last sentence, the wording ``Safety relief'' is removed and
the wording ``Reclosing pressure relief'' is added in its place.

? 16. In Sec. 173.315, paragraphs (j)(2) and (k)(4) are revised and in
the paragraph (n)(1) table, paragraph (vi) is added to read as follows:

Sec. 173.315 Compressed gases in cargo tanks and portable tanks.

* * * * *
(j) * * *
(2) Each container must be equipped with safety devices in
compliance with the requirements for safety devices on containers as
specified in NFPA 58 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(k) * * *
(4) It must conform to the applicable provisions of NFPA 58, except
to the extent that provisions in NFPA 58 are inconsistent with
requirements in parts 178 and 180 of this subchapter.
* * * * *
(n) Emergency discharge control for cargo tank motor vehicles in
liquefied compressed gas service.--(1) * * *

----------------------------------------------------------------------------------------------------------------
Required emergency
Sec. 173.315(n)(1)(*) Material Delivery service discharge control
capability
----------------------------------------------------------------------------------------------------------------

* * * * * * *
(vi)............................... Division 2.2 materials Both metered delivery Paragraph (n)(2) of
with a subsidiary and other than metered this section, provided
hazard, Division 2.1 delivery service. the system operates
materials, and for both metered and
anhydrous ammonia in a other than metered
cargo tank with a deliveries; otherwise,
capacity of greater paragraphs (n)(2) and
than 13,247.5 L (3,500 (n)(3) of this
water gallons). section.
----------------------------------------------------------------------------------------------------------------

* * * * *

? 17. In Sec. 173.320, paragraph (a)(2) is revised to read as follows:

Sec. 173.320 Cryogenic liquids, exceptions.

(a) * * *
(2) Subparts A, B, C, D, G and H of part 172, (Sec. Sec. 174.24
for rail and 177.817 for highway) and in addition, part 172 in its
entirety for oxygen.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

? 18. The authority citation for part 177 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 19. In Sec. 177.834, paragraph (a) is revised, paragraph (b) is added,
and paragraph (g) is reserved, to read as follows:

Sec. 177.834 General requirements.

(a) Packages secured in a motor vehicle. Any package containing any
hazardous material, not permanently attached to a motor vehicle, must
be secured against movement, including relative motion between
packages, within the vehicle on which it is being transported, under
conditions normally incident to transportation. Packages having valves
or other fittings must be loaded in a manner to minimize the likelihood
of damage during transportation.
(b) Each package containing a hazardous material bearing package
orientation markings prescribed in Sec. 172.312 of this subchapter
must be loaded on a transport vehicle or within a freight container in
accordance with such markings and must remain in the correct position
indicated by the markings during transportation.
* * * * *
(g) [Reserved]
* * * * *

? 20. In Sec. 177.835, the section heading and paragraph (c)(4)(iii) are
revised to read as follows:

Sec. 177.835 Class 1 materials.

* * * * *
(c) * * *
(4) * * *
(iii) Division 2.3, Hazard Zone A or Hazard Zone B materials or
Division 6.1, PG I, Hazard Zone A materials, or
* * * * *

? 21. In Sec. 177.837, the section heading and paragraph (a) are revised
to read as follows:

[[Page 48571]]

Sec. 177.837 Class 3 materials.

* * * * *
(a) Engine stopped. Unless the engine of a cargo tank motor vehicle
is to be used for the operation of a pump, Class 3 material may not be
loaded into, or on, or unloaded from any cargo tank motor vehicle while
the engine is running. The diesel engine of a cargo tank motor vehicle
may be left running during the loading and unloading of a Class 3
material if the ambient atmospheric temperature is at or below -12
[deg]C (10 [deg]F).
* * * * *

? 22. In Sec. 177.841, the section heading and paragraph (e)(1) are
revised to read as follows:

Sec. 177.841 Division 6.1 and Division 2.3 materials.

* * * * *
(e) * * *
(1) Except as provided in paragraph (e)(3) of this section, bearing
or required to bear a POISON or POISON INHALATION HAZARD label or
placard in the same motor vehicle with material that is marked as or
known to be foodstuffs, feed or edible material intended for
consumption by humans or animals unless the poisonous material is
packaged in accordance with this subchapter and is:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

? 23. The authority citation for part 178 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 24. In Sec. 178.45, in paragraph (h) introductory text, the first
sentence is revised to read as follows:

Sec. 178.45 Specification 3T seamless steel cylinder.

* * * * *
(h) Ultrasonic examination. After the hydrostatic test, the
cylindrical section of each vessel must be examined in accordance with
ASTM Standard E 213 for shear wave and E 114 for straight beam (IBR,
see Sec. 171.7 of this subchapter). * * *
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

? 25. The authority citation for part 179 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 26. In Sec. 179.1, paragraph (a) is revised to read as follows:

Sec. 179.1 General.

(a) This part prescribes the specifications for tanks that are to
be mounted on or form part of a tank car and which are to be marked
with a DOT specification.
* * * * *

? 27. In 179.3, paragraphs (b) and (c) are revised to read as follows:

Sec. 179.3 Procedure for securing approval.

* * * * *
(b) When, in the opinion of the Committee, such tanks or equipment
are in compliance with the requirements of this subchapter, the
application will be approved.
(c) When such tanks or equipment are not in compliance with the
requirements of this subchapter, the Committee may recommend service
trials to determine the merits of a change in specifications. Such
service trials may be conducted only if the builder or shipper applies
for and obtains an exemption.

? 28. Sec. 179.5 is amended as follows:
? a. In paragraph (a), the wording ``owner, the Department, and'' is
removed and the wording ``owner and'' is added in its place;
? b. In paragraph (b), the last sentence is removed;
? c. In paragraph (d), in the first sentence, the word ``Secretary'' is
removed and the wording ``Executive Director--Tank Car Safety, AAR'' is
added in its place and in the second sentence, the wording ``Bureau of
Explosives'' is removed and the wording ``Executive Director--Tank Car
Safety, AAR'' is added in its place; and
? d. Paragraph (c) is revised to read as follows:

Sec. 179.5 Certificate of construction.

* * * * *
(c) If the owner elects to furnish service equipment, the owner
shall furnish the Executive Director--Tank Car Safety, AAR, a report in
prescribed form, certifying that the service equipment complies with
all the requirements of the specifications.
* * * * *

? 29. In Sec. 179.7, paragraph (f) is revised to read as follows:

Sec. 179.7 Quality assurance programs.

* * * * *
(f) No tank car facility may manufacture, repair, inspect, test,
qualify or maintain tank cars subject to requirements of this
subchapter, unless it is operating in conformance with a quality
assurance program and written procedures required by paragraphs (a) and
(b) of this section.

Sec. 179.100-13 [Amended]

? 30. In Sec. 179.100-13, in paragraphs (b) and (c), the wording
``except as prescribed in Sec. 179.102 or Sec. 179.103'' is removed
and the wording ``except as prescribed in Sec. Sec. 173.314(j),
179.102 or 179.103'' is added in its place.

? 31. In Subpart D, the heading for Subpart D is revised to read as
follows:

Subpart D--Specifications for Non-Pressure Tank Car Tanks (Classes
DOT-111AW and 115AW)

* * * * *

? 32. In Sec. 179.200, the section heading is revised to read as
follows:

Sec. 179.200 General specifications applicable to non-pressure tank
car tanks (Class DOT-111).

* * * * *

Sec. 179.200-14 [Amended]

? 33. In Sec. 179.200-14, paragraph (f) is removed.

Sec. 179.200-23 [Amended]

? 34. In Sec. 179.200-23, the section heading is amended by removing the
word ``safety'' and adding the word ``pressure'' in its place.

Sec. 179.200-24 [Amended]

? 35. In Sec. 179.200-24, in the table, column 2 is amended by removing
the wording ``DOT-103-W'' and adding the wording ``DOT 111A'' in its
place.

Sec. 179.201-1 [Amended]

? 36. In Sec. 179.201-1, the table is amended by removing the following
entries: DOT-103A-ALW, 103AW, 103ALW, 103ANW, 103BW, 103CW, 103DW,
103EW, 103W, and 104W tank cars.

Sec. 179.201-2 [Removed and Reserved]

? 37. Section 179.201-2 is removed and reserved.

Sec. 179.201-3 [Amended]

? 38. In Sec. 179.201-3, in paragraph (b), the wording ``DOT-103B,
103BW, 111A60W5'' is removed and the wording ``DOT-111A60W5'' is added
in its place.

? 39. Sec. 179.201-6 is amended as follows:
? a. In paragraph (a), the wording ``103ALW, 103DW, 103W,'' is removed;
? b. In paragraph (b), the wording ``103BW,'' is removed;
? c. In paragraph (c), the wording ``DOT-103CW, 103DW, 103EW,'' is
removed and the word ``DOT'' is added in its place; and

[[Page 48572]]

? d. Paragraph (d) is removed.

? 40. In Sec. 179.300-17, paragraph (b) is revised to read as follows:

Sec. 179.300-17 Tests of pressure relief devices.

* * * * *
(b) Rupture disks of non-reclosing pressure relief devices must be
tested and qualified as prescribed in Appendix A, Paragraph 5, of the
AAR Manual of Standards and Recommended Practices, Section C--Part III,
Specifications for Tank Cars, Specification M-1002 (IBR, see Sec.
171.7 of this subchapter).
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

? 41. The authority citation for part 180 continues to read as follows:

Authority: 49 U.S.C. 5151-5127; 49 CFR 1.53.

Sec. 180.209 [Amended]

? 42. In Sec. 180.209, in the paragraph (i) table, Note 2 is amended by
removing the wording ``3 years'' and adding the wording ``5 years'' in
its place.

? 43. In Sec. 180.507, paragraph (b)(5) is added to read as follows:

Sec. 180.507 Qualification of tank cars.

* * * * *
(b) * * *
(5) Specification DOT-103A-ALW, 103AW, 103ALW, 103ANW, 103BW,
103CW, 103DW, 103EW, and 104W tank cars may continue in use, but new
construction is not authorized.

Issued in Washington, DC on August 6, 2003, under authority
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 03-20508 Filed 8-13-03; 8:45 am]
BILLING CODE 4910-60-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
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1999
1998
1997
1996
1995
1994

Hazardous Materials; Miscellaneous Amendments

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